TERMS OF USE

Legal Agreement

This terms of use agreement (the “Agreement”) is a legal agreement that governs the access and use of MediCall Health Referral and Advisory Services Inc. (“we”, “us”, “our”, or “MediCall”), which provides the access to a platform for individuals (“you”, “your”, or the “User” throughout) to create a user account (“User Account”).

Users may also register with the Portal (the “Portal”), which is a communication forum that Users can use to communicate with Health Care Providers (as defined below), including to request any personal health information stored in the User’s electronic medical record. Release of records is subject to compliance with our privacy policy (“Privacy Policy”) (https://medicall.md/policies/privacy-policy/). You do not need to register with the Portal to book an appointment for the Services provided by Health Care Providers; the Portal may be used, however, as part of those Services, where applicable.

This Agreement governs the access and use of the User Account and/or Portal by you and all materials displayed or made available through the User Account and/or Portal, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (“Content”) on MediCall’s website (the “Website”) www.medicall.md.

By accessing and using the User Account and/or Portal, you are indicating that you accept to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use MediCall, the User Account and/or Portal. MediCall may revise this Agreement at any time with reasonable notice to you. Use of the User Account and/or Portal after such changes are made available to you will indicate your acceptance of the revised terms of this Agreement.

References to You, Your, and the User in this Agreement include the substitute decision-maker of the User, as defined under the Health Care Consent Act, 1996, where applicable.

Services Offered 

The Website is an in is an internet-based website that allows you to book home visits outside of normal business hours or virtual care (the “Services”) with a health care provider (“Health Care Provider”).

All Health Care Providers providing Services are independent, regulated health professionals registered to practice medicine in Ontario. MediCall is not a health care provider. Health Care Providers are responsible for the Services they provide to you once you are connected to the Health Care Provider through the User Account and/or Portal.

The User Account (and subsequently, after initial appointment, the Portal) provides the User with the ability to make appointment requests to MediCall for:

  • Home Visit. The User Account and/or Portal allows Users to connect with Health Care Providers to provide on-site home visits (“Home Visit”). The Health Care Provider that receives the request based on his or her availability will provide care to you. Home Visit appointments are available during the hours of 4:30 PM and 8:00 PM (EST) on weekdays and 10:00 AM to 5:00 PM (EST) on weekends and statutory holidays. These times are subject to change based on the availability of the Health Care Provider. At this time, Home Visit appointments are only available to Users at an address that is within the home visit coverage area (https://medicall.md/appointment-booking/) (“Home Visit Coverage Area”). If you request a Home Visit appointment for an address that is outside the Home Visit Coverage Area, you will be notified promptly via email of our unavailability.
  • Virtual Care. Virtual care is a form of delivery of health care that uses live chat and video technology, where the User and the Health Care Provider are not in the same physical location (“Virtual Care”). Users are able to access Virtual Care services provided by a Health Care Provider. Virtual Care hours are offered at the discretion of each individual Health Care Provider. Current Health Care Provider availabilities for Virtual Care can be found here (https://medicall.md/faq/). These times are subject to change based on the availability of the Health Care Provider. Virtual Care services are limited to Users who reside in Ontario. If you are not a resident of Ontario and request a Virtual Care appointment with an address that is outside of Ontario, you will be notified promptly via email of our unavailability.

 

Appointments are only available for same day Services. Requests made by Users at a certain time for Home Visit or Virtual Care will be provided subject to this Agreement. The time requested for appointments is subject to Health Care Provider availability and is not guaranteed to be the same as the time requested.

Account

Registration. To use certain features of MediCall, you may be asked to create a User Account consisting of an online username and a password. When you register a User Account, you agree to:

  1. provide true, accurate, current, and complete information, and
  2. maintain and promptly update the information to ensure it remains true, accurate, current, and complete.

If MediCall has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, MediCall will have the right to suspend or terminate your User Account and your access to all or part of the Portal. MediCall’s use of any personally identifying information you provide as part of the registration process is governed by the terms of its Privacy Policy. MediCall will not provide your username or password to any third party.

Unless otherwise permitted by MediCall in writing, you may only possess one User Account.

 

Usernames and Passwords. You are responsible for maintaining the confidentiality of the password you use in association with your User Account and Portal. You are also responsible for all activities that occur under your username and password. If MediCall has reasonable grounds to suspect that you are sharing your username and/or password with anyone, MediCall will have the right to suspend or terminate your User Account and your access to all or part of the Portal.

Administrative Fee. Currently, creating a User Account and accessing the Portal are provided free of charge. MediCall reserves the right to charge a fee in the future with reasonable notice provided to you.

Medical Advice and Medical Emergency

Do not use MediCall for medical emergencies and do not attempt self-treatment based on anything you have seen or read on the Portal. If you have a medical emergency, call a physician, qualified health care provider, or dial 911 immediately. Examples of what may be considered a medical emergency can be found on our FAQ page (https://medicall.md/faq/).

Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding any medical conditions or any information obtained from the Health Care Providers. Always consult with your physician or other qualified health care provider before beginning a new treatment, diet, or fitness program.

No Doctor-Patient Relationship

The presentation of information on the Website and MediCall’s facilitation of connecting you with a Health Care Provider does not establish a doctor-patient relationship between you and MediCall and is not intended as a solicitation of individuals to become MediCall’s patients or clients.

Prescriptions

You agree that any prescriptions you acquire from the Health Care Provider are solely for the personal use of the individual named on the prescription. You agree to fully and carefully read all provided product information and labels, and to contact a physician or pharmacist if you have any questions regarding the prescription or medication. You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the Portal in the case of an emergency.

Misuse of Services

Health Care Providers have the discretion to refuse or discontinue the provision of Services to any User at any time, including for actual or potential misuse of the Services by a User.

Privacy and Personal Health Information

The collection, use, disclosure, retention, destruction, and disposal of Information is governed by our Privacy Policy (https://medicall.md/policies/privacy-policy/).

By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy (https://medicall.md/policies/privacy-policy/).

Copyright

The Content is copyrighted and is owned by MediCall, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the Website, User Account, Portal, or Content, whether in whole or in part, is prohibited without MediCall’s express prior written consent.

Limited Licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website, User Account, Portal, or Content, including any personal health information, for your personal, non-commercial use. Access to the Website, User Account, Portal, or Content for any other purpose is prohibited. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Website, User Account, or Portal. In the event of a conflict between the terms of a licence governing particular content and this Agreement, the terms of the specific licence will govern.

Software Licence

All software embedded in or located on or at the Portal, including, without limitation, all computer code of all types and all files and/or images contained in or generated by such software (collectively, the “Software”) is protected by copyright and may be protected by other rights. All Software is owned by MediCall, its licensors, or the party accredited with ownership of the Software. You are hereby granted the right to access and use the Software embedded and integrated into the Portal, subject to:

  1. the terms and conditions of this Agreement; and
  2. any additional conditions which may be imposed on your access and use of the licensor’s Software, including any condition imposed by the licensor.

If the Website, User Account, Portal, or Content provides Software for download, unless otherwise specified, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such software, a personal, non-transferable, non-exclusive license to:

  1. install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and
  2. reproduce the Software only as reasonably required to install, run, and make reasonable backup copies to the extent permitted by law.

Except to the extent expressly permitted in this Agreement, you may not:

  1. use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
  2. sell, rent, lease, licenses, transfer, or otherwise provide access to the Software;
  3. alter, remove, or cover any trade-marks or proprietary notices, including from the Software; and/or
  4. decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

Other than the limited licence granted herein, nothing contained in the Website, User Account, Portal, or Content shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website, User Account, Portal, or Content or made available for download from the Website, User Account, Portal, or Content, including, but not limited to, any intellectual property rights in the Software.

All Software embedded or integrated into the Website, User Account, Portal, or Content is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:

  1. is of merchantable quality and/or is fit for any particular purpose;
  2. will conform with any specifications relating to the Software;
  3. will be free from material defects;
  4. contains no computer viruses or other contaminants; or
  5. shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Posted Information

All information made available on the Website, User Account, Portal, or Content is provided for general and illustrative purposes only. Information does not constitute medical advice and are not intended to be a substitute thereof. You should not act or refrain from acting based on any information provided on the Website, User Account, Portal, or Content.

Fees

Currently, creating a User Account and accessing the Portal are provided free of charge. MediCall reserves the right to charge a fee in the future with reasonable notice provided to you.

Certain Services are provided for a fee. We do not charge for services that are covered by applicable provincial health plans. If you have any questions about fees charged for the Services, please contact us.

Details about applicable fees for certain Services can be found on our Fee page (https://medicall.md/fees/) (the “Fees”).

Upon registration, you will be required to provide an Ontario Health Insurance Plan (“OHIP”) or private insurance number.

 

Insured Service

The OHIP number you provide will be automatically validated in our system. If the number is not valid, or found to be invalid at a later date, we will invoice you the applicable fee.

 

Uninsured Service

 

Those who do not have OHIP coverage will be required to pay via credit card. We use Stripe to collect payments which is integrated into the Portal in an encrypted format.

We charge Health Care Providers a service fee for using MediCall which we deduct from the fees paid for Services. MediCall facilitates payment of the fees to the Health Care Providers. Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Health Care Providers. All fees for Services are in Canadian dollars and inclusive of all applicable taxes.

We will only collect credit card information after an uninsured services has been provided. After you receive an uninsured service and pay with a credit card for the first time, that information is saved into your Portal. In the future, you may use the saved information to pay for subsequent uninsured services or use a different credit card if need be. A new invoice is generated each time an uninsured service is received by you, and no automatic payments are charged to your credit card on file.

You have a 30 day window to pay for an uninsured service. If unpaid after 30 days, you will receive an email reminder. After 60 days, you will receive a second email reminder. At 90 days, we will call you to discuss possible barriers to payment and discuss financing options. At 120 days, if no financing agreement has been reached, we will consider options available at law.

Repeat offenders for not paying for Virtual Care after 120 days, as described above, will be unable to book virtual visits in the future.

Cancellation

Users who do not contact MediCall via email (admin@medicall.md), phone (647-873-8936), or the patient portal (https://medicall.md/portal/) to cancel the Home Visit prior to the Health Care Provider arriving will be charged a fee at the discretion of the Health Care Provider. Cancellation fees can be found on our Fee page (https://medicall.md/fees/).

No Endorsements

Unless expressly stated, MediCall does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website, User Account, Portal, or Content.

Linking

The Website, User Account, Portal, or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by MediCall of any third-party website and its content. Unless specifically stated, MediCall does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:

  1. regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
  2. regarding the merchantability and/or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or
  3. that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.

You may not link the Website, User Account, Portal, or Content to or from any third-party website. MediCall reserves the right to prohibit or refuse to accept any link to the Website, User Account, Portal, or Content at any time and may remove a link without notice. You agree to remove any link to the Website, User Account, Portal, or Content you may have acquired or stored on MediCall’s request.

Disclaimer

The Website, User Account, Portal, or Content are provided “as is” and “as available”. While MediCall endeavors to provide accurate, current, and timely information, MediCall makes no representation, warranties or covenants, express or implied, regarding the Website, User Account, Portal, or Content including, without limitation, no representation, warranty or covenant that:

  1. the Website, User Account, Portal, or Content contained in or made available through the Portal will be of merchantable quality and/or fit for a particular purpose;
  2. the Website, User Account, Portal, or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
  3. the operation of the Website, User Account, Portal, or Content will be uninterrupted or error free;
  4. defects or errors, whether human or computer errors, in the Website, User Account, Portal, or Content will be corrected;
  5. the Website, User Account, Portal, or Content will be free from viruses or harmful components; and
  6. that communications to or from the Website, User Account, Portal, or Content will be secure and/or not intercepted.

Please see our Email and Text Message Communication Policy and Privacy Policy for more information regarding communication security and confidentiality.

You acknowledge and agree that your access and use of the Website, User Account, Portal, or Content is solely at your own risk and liability.

Limitation of Liability

In no event shall MediCall and the Health Care Providers, qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages relating to the use of the Portal and Content, or your inability to use the Portal and Content.

You acknowledge and agree that MediCall is not responsible for the medical care you receive from Health Care Providers.

MediCall disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Portal, or any advertiser or sponsor of the Website, User Account, Portal, or Content (collectively, “third-party”). Under no circumstances shall MediCall or its physicians, qualified health care providers, officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from:

  1. the acts, omissions, or conduct of any third-party, and
  2. any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website, User Account, Portal, or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if MediCall knew of or ought to have known of the possibility of such damages.

Indemnity

You agree to indemnify, defend, and hold harmless MediCall and the Health Care Providers, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:

  1. your breach of any of the terms and conditions of this Agreement;
  2. your access to, use, misuse, reliance upon, or inability to access or use the Website, User Account, Portal, or Content or any website to which the Website, User Account, Portal, or Content is or may be linked to from time to time; or
  3. your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website, User Account, Portal, or Content.

Modification to the Portal

MediCall reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website, User Account, Portal, or Content or any part thereof with or without notice to you. MediCall shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website, User Account, Portal, or Content or any part thereof.

Termination

MediCall may, in its sole discretion, cancel or terminate your right to use the Website, User Account, Portal, or Content or any parts of the Website, User Account, Portal, or Content at any time without notice. In the event of termination, you are no longer authorized to access the Website, User Account, Portal, or Content or the parts of the Website, User Account, Portal, or Content affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, User Account, Portal, or Content, the disclaimers, and limitations of liabilities set out in this Agreement shall survive termination of this Agreement. MediCall shall not be liable to you or to any third-party for such termination.

Deactivation of Account

You may deactivate your User Account and/or Portal at any time, for any reason, by sending an email to admin@medicall.md. Please see our Privacy Policy in relation to our management of information on the deactivation of a User Account and/or Portal.

Use Prohibited Where Contrary to Law

Use of the Website, User Account, Portal, or Content is unauthorized in any jurisdiction where the Website, User Account, Portal, or Content may violate any laws or regulations. You agree not to access or use the Website, User Account, Portal, or Content in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.

Governing Law

The Website, User Account, Portal, and Content are operated by MediCall from its offices in Ontario, Canada. You agree that all matters relating to your access or use of the Website, User Account, Portal, and Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website, User Account, Portal, or Content, as well as any dispute that may arise therefrom.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.

Assignment

This Agreement is not assignable, transferable, or to be sublicensed by you except with the prior written consent of MediCall. MediCall may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Waiver

Any consent by MediCall, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

Entire Agreement

This is the entire Agreement between you and MediCall relating to your access and use of the Website, User Account, Portal, or Content. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and MediCall relating to the subject matter of this Agreement.

Contact Us

Questions or comments regarding the Website, User Account, Portal, or Content should be directed to MediCall’s administrator at admin@medicall.md.

For answers to frequently asked questions, please see our FAQ page (https://medicall.md/faq/).

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For clarity

By registering to use a User Account and/or the Portal, you acknowledge that you understand and agree that:

  1. The Website is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Health Care Providers for the provision of the Services.
  2. MediCall is not a party to the relationship between you and any Health Care Provider providing the Services.
  3. Health Care Providers are independent contractors who are not employed by MediCall or otherwise affiliated with MediCall, except to facilitate the connection been Users and Health Care Providers as described herein.
  4. Health Care Providers are solely responsible for health care services that they provide to you, including compliance with standards of care, record keeping, and other professional obligations.
  5. Your Health Care Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide the Services to you.
  6. By agreeing to the terms and conditions of this agreement, you agree to our Privacy Policy (https://medicall.md/policies/privacy-policy/), and Fees (https://medicall.md/fees/).
  7. The content and material appearing on the Website, User Account, Portal, or Content could include technical, typographical or photographic errors. MediCall does not warrant that any of the materials provided are accurate or current.