PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”).
IF YOU DO NOT ACCEPT THESE TERMS, OR YOU DO NOT WANT TO USE THIS PLATFORM OR ENGAGE WITH YOUR HEALTH CARE PROVIDER THIS WAY, YOU MUST NOT SUBMIT INFORMATION OR REGISTER AN USER ACCOUNT WITH US, ACCESS OR DOWNLOAD, INSTALL OR USE THE MEDEO SOLUTION. IF YOU HAVE DOWNLOADED OR INSTALLED THE MEDEO SOLUTION ON TO YOUR DEVICE(S), UNINSTALL THE MEDEO SOLUTION FROM SUCH DEVICE(S) IMMEDIATELY.
These Terms are an agreement between you and QHR Technologies Inc. (“QHR”, “we”, “our”, or “us”) pursuant to which QHR will provide you with access to and use of the Medeo Solution. “You” includes all your heirs, trustees, administrators and other legal representatives.
Third-Party Services may be subject to additional terms and conditions of use, which will be disclosed to you in connection with those services. Those supplemental terms of service will supersede these Terms in the event of conflict with these Terms.
ABOUT QHR AND MEDEO
QHR is a healthcare technology company that provides services for both healthcare providers and patients across Canada through several software applications, including the Medeo Solution.
The Medeo Solution is an online booking and telemedicine solution. It connects patients with their healthcare providers to enable the healthcare providers to deliver non-urgent care and support. It enables patients and healthcare providers to securely share information (including messages, files, medical results, and photos). It also facilitates online appointment booking and virtual appointments by way of secure video conferencing.
By using the Medeo Solution, you are providing QHR and Your health care providers with access to your personal information. Your health care providers and their clinics, not QHR, will manage and be responsible for storing copies of your clinical records and ensuring they comply with their legal and professional obligations.
IF YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL YOUR DOCTOR DIRECTLY OR EMERGENCY SERVICES IMMEDIATELY (9-1-1 IN MANY JURISDICTIONS) AND/OR GO TO A HOSPITAL.
DEFINITIONS. As used in these Terms:
- “Applicable Laws” means all laws, regulations and professional codes applicable to the particular User, including but not limited to all applicable provincial and federal privacy laws and health information laws within Canada.
- “Medeo Solution” means all the Medeo applications we make available to Users as part of the comprehensive telemedicine solution, which includes Medeo and Medeo Plus and the associated services such as patient messaging, online booking, video conferencing.
- “Patient User” means the patient using the Medeo Solution to connect with their Provider(s).
- “Personal Information” means information about an identifiable individual, including personal health information about that individual.
- “Professional Services” means the certain types of health care and related services that the Provider is licensed, certified, and/or credentialed to provide.
- “Provider” means the provider of Professional Services that the Patient User is engaging with through the Medeo Solution.
- “QHR Parties” means QHR and its affiliates, related entities and their respective officers, directors, agents, suppliers, employees, contractors, licensors, representatives, successors and assigns.
- “QHR Content” means content that QHR has prepopulated or provided by default into the Medeo Solution and intentionally made accessible to Users; for example, clinical forms and consultation templates.
- “Support User” means a person who has appropriate consent or approval to have access to a Patient User’s Content and assist the Patient User.
- “Third-Party Services” are services offered by third parties that integrate with the Medeo Solution and are subject to additional or separate terms and conditions.
- “User” means Supporter Users and Patient Users of the Medeo Solution.
- “User System” means the technology system, including hardware and software used by You to receive or access the Medeo Solution.
- “User Content” means any content submitted by You into or through the Medeo Solution, directly or indirectly through Your use of the Medeo Solution. This includes, for example your identification and Account information, messages, booking information, information you submit on forms, documents, or personal information you upload as part of your patient health record in the Medeo Solution, and Your communications in all forms through the Medeo Solution.
- Eligibility and Registration. Access to and use of the Medeo Solution is available only to Users who have a registered an account (the “Account”) through medeohealth.com and who have agreed to be bound by these Terms.
- If You do not have a valid registered Account, You are not authorized to use or access the Medeo Solution. Although Your Provider has choice to extend invitations to patients, QHR retains full discretion to approve applications for registration or restrict use or access to the Medeo Solution. QHR does not actively monitor Accounts or activities with Accounts and relies on You to comply with these Terms and Applicable Laws.
- Support User Registration and Authorization. With the permission of another individual, such as a dependent without legal capacity or individual whom You assist in managing their care, You may act as a Support User for that individual.
- In addition to the above, a Patient User or Provider may invite an individual to be a Support User in relation to an Account on behalf of a Patient User, and whom the Patient User has approved for access to their Account. The Patient User must confirm the authority of the Support User to access the Patient User’s data. Providers are responsible to collect Patient User consent prior to linking a Support User to the Patient User’s account. The Patient User agrees that by providing consent to link the Support User with the Patient’s Account, QHR is not responsible for any actions of the Support User, or the Support User’s access to or use of any information in a Patient User’s Account. A Patient User or Provider may at any time revoke, and is responsible for revoking, the Support User’s permissions to access the Patient User’s Account data and act on the Patient User’s behalf if the Patient User no longer wants the Support User to do so.
- Two-Factor Authentication. The Medeo Solution offers two-factor authentication. If You elect to enable two-factor authentication, QHR will provide you with a random code that allows You to access Your Account, typically sent to Your cellular mobile device via SMS. In providing QHR with Your mobile phone number, You give QHR consent to send You a text message with a random code for login purposes. Standard text messaging charges applied by Your mobile phone carrier will apply, and You are solely responsible for payment of such charges.
- No Sharing. You are responsible for not sharing your Account or login information or allowing any unauthorized person to access your Account. You acknowledge that You must have a specifically named account so that appropriate permissions may be granted on an individual basis, for logging purposes, and to sign into Third-Party Services.
- Access and Security Guidelines. You must use Your real name and Your own valid email address and create Your own password to use in association with Your Account for access to and use of the Medeo Solution. You are solely responsible for ensuring the security and confidentiality of Your password. You shall not share Your password with anyone at any time. Whether or not You elect to enable two-factor authentication, it is Your responsibility to ensure that Your Account password is of sufficient strength and is changed regularly to prevent unauthorized access. You shall ensure that the User System is secure and uses an up-to-date commercially available anti-virus and security software. QHR has no responsibility whatsoever for any User System. You agree to notify QHR immediately if you suspect or become aware of any unauthorized use of your password(s), or any other security breach involving your Account or the Medeo Solution at email@example.com. QHR is not responsible for any unauthorized access of your Account or passwords arising from your failure to keep them secure. You are responsible for all activities that occur under your Account, whether or not such activities have been authorized by You.
- The Medeo Solution is intended to be used by You to interact with Providers licensed in Canada to provide Professional Services, to enhance the services, communication, and choice in relation to the Professional Services provided by Providers. QHR makes no representations that the Medeo Solution is appropriate, legal or available for use in all jurisdictions.
- Users who access or use the Medeo Solution do so at their own volition and risk and are responsible for compliance with all Applicable Laws (local, domestic and foreign) within the jurisdiction they are accessing the Medeo Solution.
CHARGES AND PAYMENTS
- Medeo Charges. QHR may make certain premium features available in the Medeo Solution, such as through a Medeo Plus subscription (“Premium Features”), for an associated cost. You will be advised and prompted with any associated payment terms in advance of being permitted to use Premium Features. All charges will be disclosed to you when You sign up for an applicable Premium Feature. These charges will typically include a monthly fee for the service, as well as any other applicable taxes. Upon accepting any payment terms for a Premium Feature, you agree that such payment terms are expressly incorporated into and made a part of these Terms. QHR reserves the right to determine the applicable features available to You, set and modify fees associated with the Medeo Solution. For example, QHR is providing Premium Features to securely upload and save up to 300 documents (approximately 1 gigabyte) within the Medeo Plus subscription, however this may be subject to change. You are responsible for all charges in accordance with payment terms you accept and connected with your Account using the Medeo Solution, as well as timely payment, regardless of your awareness of the applicable fees and/or taxes.
- Medeo Payments. All charges will be due immediately. You agree to pay for all charges using the credit card that you provided when you registered for the Premium Features through your Account. You are responsible for ensuring that the credit card linked to your Account is valid and has sufficient credit. All payments are non-refundable, except where required by applicable law.
YOUR USE OF THE MEDEO SOLUTION
- Compliance with Laws. Access to and use of the Medeo Solution by Users is subject to all applicable federal, provincial, and local laws and regulations in Canada. You agree to comply with all Applicable Laws in relation to your access to and use of the Medeo Solution.
- Access to and Use of the Medeo Solution. You agree to only use the Medeo Solution for the purposes of the particular patient centred services and as they are intended to be used, in accordance with Applicable Laws and pursuant to these Terms.
- Representations, Warranties, and Covenants of the User. You represent, warrant, and covenant to QHR, and QHR is relying on such representations, warranties and covenants in entering into these Terms, as follows:
- that as between the User and QHR, the User will be solely responsible for how the User accesses and uses the Medeo Solution;
- that any User having granted access to a Support User will be responsible for such consent and access, and that as a Support User accessing any information of another User the Support User has the legal authority to do so;
- that any information that the User provides at any time to QHR is true, accurate, and complete;
- that the User has all necessary rights to provide any of User Content, or any other information, data, materials or content to QHR for the purposes described in these Terms;
- that the User shall not communicate with any Provider that is not in compliance with Applicable laws;
- that the User will hold QHR’s confidential information in strict confidence and not use such confidential information for any purpose except as expressly permitted hereunder;
- that the User shall use the Medeo Solution in compliance with Applicable Laws;
- that the User is a resident of a jurisdiction in which the Medeo Solution, and the User’s use of the Medeo Solution is not contrary to Applicable Laws;
- that the User shall use the Medeo Solution in a secure and confidential manner, including by ensuring their means of access to the Medeo Solution are secure and all authentication credentials (e.g. passwords) remain confidential, and shall ultimately be responsible for any Personal Information the User provides through the Medeo Solution;
- that the User shall not make any claim or complaint against QHR regarding a Provider’s or their authorized representatives’ collection, use or disclosure of any information, including Personal Information, provided through the Medeo Solution, and the User agrees that QHR shall have no liability whatsoever arising from or relating to any such collection, use or disclosure of Personal Information by a Provider or their authorized representatives;
- that the User shall not make any claim or complaint against QHR regarding another User’s or Support User’s collection, use or disclosure of their Personal Information, and the User agrees that QHR shall have no liability whatsoever arising from or relating to any User’s collection, use or disclosure of Personal Information by another User or arising from use of the Medeo Solution by another User; and
- that the User shall remain liable for any (i) information the User provides, including any Personal Information, in the course of using the Medeo Solution; (ii) acts or omissions of the User in using the Medeo Solution including, but not limited to any claims for damage or injury to persons or property or security breaches; or (iii) any violation of any Applicable Law by the User (or by association, QHR) in using the Medeo Solution, and the User hereby irrevocably agrees to indemnify, defend and hold harmless QHR from any and all costs, damages, expenses, fees or other amounts arising out of, or related to any claims, suits proceedings (actual or threatened) by any person relating to (i), (ii) or (iii).
- Limited End User License. Subject to You complying with these Terms, QHR hereby grants to You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Medeo Solution (including QHR Content) in accordance with these Terms and not for resale. You shall not acquire any ownership rights in the Medeo Solution, with the exception of Your User Content. The term of your license commences on the date of your acceptance of these Terms and shall end on the earlier date of Your, Your Provider’s or QHR’s suspension or termination of Your Account. A User’s license shall terminate immediately, automatically and without notice if the User attempts to circumvent any security measures used in connection with the Medeo Solution or the User otherwise breaches these Terms.
- Compatible Devices. The Medeo Solution operates on certain operating systems. Users acknowledge and agree that QHR is not responsible for ensuring that a User System is compatible with the Medeo Solution, or that a User can use or access the Medeo Solution through the User’s device(s). We reserve the right to terminate a User’s use of the Medeo Solution should the User use the Medeo Solution with an incompatible or unauthorized device.
- User Data. The User is solely responsible for any data that User provides through the Medeo Solution. You agree You will not provide, post, or transmit any data, information, content, or material that: (a) infringes, misappropriates or violates any intellectual property rights, publicity/privacy rights or other rights of any third party, or any law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data, security or Personal Information. QHR may take any remedial action if the User violates this term, however, QHR is under no obligation to review any data, information, content or material on the Medeo Solution for accuracy or potential liability. You are solely responsible for maintaining the accuracy of the data within Your control.
- Clinical Records. Records created by the interactions You have with a Provider and information in your Account, such as but not limited to: messages, emails, attachments and appointments, may form part of your clinical or medical record and be subject to applicable laws and rules in the jurisdiction in which your health care Provider operates. For example, your health care Provider may be required to maintain records as per the governing body of their practice and other Applicable Laws. You grant to QHR, Your Providers and their clinics all necessary rights and licenses in and to Your User Content and their copies of any records in which Your User Content is recorded as reasonably required for QHR, Providers and their clinics to provide them with QHR’s electronic health records and communications tools they use to provide Professional Services, as applicable, to You, as well as to comply with Applicable Laws and professional requirements.
- Use Restrictions. The User is responsible for all activities that occur under the User’s Account. The User will not, and will not attempt to, do any of the following: (a) harvest, collect, gather or assemble information or data regarding the Medeo Solution or information or data of other users of the Medeo Solution, including Personal Information, without their consent; (b) access, modify or copy any data or information of the Medeo Solution or other users of the Medeo Solution without their consent; (c) knowingly interfere with or disrupt the integrity or performance of the Medeo Solution or the data contained therein; (d) copy, frame, or mirror any part of the Medeo Solution or QHR Content; (e) reverse engineer, disassemble or decompile any component of the Medeo Solution; (f) interfere in any manner with the operation of the Medeo Solution or the hardware and network used to operate the Medeo Solution; (g) transfer any of your rights under these Terms, use or access the Medeo Solution for the benefit of a third party or operate a service bureau; (h) distribute or disclose any part of the Medeo Solution in any medium, including by any automated “scraping”; (i) use the Medeo Solution for any commercial solicitation purposes, political campaigning, or unsolicited promotions; (j) access any content on the Medeo Solution through any technology or means other than those provided or authorized by the Medeo Solution; (k) submit to the Medeo Solution or to QHR any information that may be protected from disclosure by Applicable Law; (l) bypass the measures we may use to prevent or restrict access to the Medeo Solution, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Medeo Solution; (m) remove, modify or obscure any copyright, trademark or other proprietary rights notices contained in or on the Medeo Solution; (n) execute any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between QHR’s servers or any data not intended for the User; (o) modify, copy or make derivative works based on any part of the Medeo Solution; (p) otherwise use or access the Medeo Solution in any manner that exceeds the scope of use permitted under these Terms; (q) use or access the Medeo Solution in any way, or publish, transmit, distribute, or store on the Medeo Solution any information or data that is unlawful, libelous, defamatory, obscene, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (r) use or access the Medeo Solution in any way that would constitute, encourage or provide instructions for a criminal offense or give rise to civil liability, violate the rights of any party, or that would otherwise violate any Applicable Laws; (s) use or access the Medeo Solution in any way that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party anywhere in the world; (t) use or access the Medeo Solution in any way that introduces or spreads viruses, corrupted data or other harmful, disruptive or destructive files in to the Medeo Solution or programming routines intended to damage, surreptitiously intercept or expropriate any system, data, security or Personal Information; (u) use or access the Medeo Solution for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (v) use or access the Medeo Solution in any way that, in the sole judgment of QHR, is objectionable or which restricts or inhibits any other person from using or enjoying the Medeo Solution, or which may expose QHR to any harm or liability of any type, or creates or imposes an inappropriate load or creates large bandwidth- consuming transactions on the Medeo Solution; (v) use the Medeo Solution to access or disclose Personal Information about another person, unless permitted by Applicable Law and these Terms; or (w) use the Medeo Solution in any way that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity. Users can report any conduct or content that they believe is unacceptable use to QHR at firstname.lastname@example.org.
- Refusal by Provider to Provide Professional Services. You acknowledge and agree that a Provider has the right to refuse to provide Professional Services to You through the Medeo Solution in the event that the Provider has reasonable grounds to do so, including but not limited to your behavior in breach of Applicable Laws or these Terms.
- QHR Content. The User acknowledges and agrees that QHR provides access to the Solution and QHR Content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. QHR shall have no liability whatsoever arising from or relating to any User’s use of QHR Content. Any use by a User of QHR Content is entirely at the User’s own risk and discretion.
- User Content. The User acknowledges and agrees that QHR allows the transmissions and uploading of User Content and provides access to such User Content through the Medeo Solution “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. QHR shall have no liability whatsoever arising from or relating to any User’s use or disclosure of User Content. As between You and QHR, QHR shall have no liability whatsoever arising from or relating to any Provider’s, clinic’s, or Support User’s use or disclosure of User Content. Any use or disclosure of User Content is entirely at the User’s own risk and discretion in using the Medeo Solution.
- Suggestions and Feedback. Users agree that any and all creative ideas, notes, drawings, suggestions or other information that a User may provide to QHR, whether solicited or unsolicited (“Feedback”), is the property of the QHR Parties, including all intellectual property rights therein, without providing any compensation to the User or any other person and without any liability whatsoever. Users hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to QHR and irrevocably waive all moral rights they may have therein. Users may submit Feedback to QHR at https://ideas.qhrtech.com/?project=PAT.
- Content. QHR takes no responsibility and assumes no liability for any content posted, stored or uploaded by the User or any third party on, in, or to the Medeo Solution, or for any loss or damage arising therefrom, nor is QHR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity the User may encounter. Use of the Medeo Solution is at the User’s own risk of being exposed to such material. YOUR USE OF THE MEDEO SOLUTION IS AT YOUR OWN RISK OF BEING EXPOSED TO SUCH MATERIAL.
- Suspension or Cancellation of Your Use. In addition to any other right or remedy that QHR may have under these Terms or at law, QHR may terminate or suspend (partially or completely) Your access to and use of the Medeo Solution without prior notice for any reason, but QHR will confirm such termination or suspension by subsequent notice to You. You are responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by Your use of the Medeo Solution.
SECURITY AND SUPPORT
- QHR Security. QHR shall use commercially reasonable efforts to maintain the security of the Medeo Solution and to ensure appropriate safeguards are in place to protect the security of Personal Information in its custody and control, and it will implement measures designed to protect such information against risks such as unauthorized access, use, disclosure, destruction and alteration.
- Security Vulnerability. In order to maintain the security of the Medeo Solution, if You learn of an issue, You must not disclose any security vulnerability to anyone except QHR. Immediately upon discovering any issue or problem that may pose a risk to the security or use of the Medeo Solution or to any patient information, including Personal Information, You must notify us by contacting email@example.com.
- Data Storage. All Personal Information stored within the Medeo Solution and hosted by QHR is stored within Canada. In some cases, Providers or their clinics will host the data related to the health care services they are providing, in which case, QHR does not store, and is not responsible for, such Personal Information. Personal Information sent to QHR for the purpose of customer support may be stored outside of Canada as QHR engages service providers located outside of Canada for the purposes of tracking and managing customer support. QHR has no control over the location of data, including Personal Information, stored locally on User Systems, or sent to QHR through insecure means.
- Data Processing. QHR engages third party suppliers to process data for purposes such as improving data security, connecting peer-to-peer connections, sending emails, and/or streaming video. Some of these service processors may be located outside of Canada, including in the United States. Peer-to-peer connections and video streaming are supported from within Canada, with fail-over servers located in the United States. The data QHR sends to service providers for processing may include Personal Information. The contents of video streams cannot be viewed by QHR or its suppliers. By agreeing to these Terms, the User agrees and acknowledges that data they provide to QHR may be transferred to third party suppliers for secure processing.
- Support. Support is available by contacting QHR at https://qhrtechnologies.force.com/patient/s/.
- Solution Availability. QHR makes commercially reasonable efforts to maintain the reliability and efficiency of the Medeo Solution. QHR makes no warranties regarding the availability or reliability of the Medeo Solution. Availability is subject to regularly scheduled maintenance as well as other scheduled and unscheduled interruptions to the availability of the Medeo Solution due to factors beyond the control of QHR, the User, or third parties. Reliability and availability of the Medeo Solution is further subject to any other limitations or disclaimers in these Terms.
OWNERSHIP OF INTELLECTUAL PROPERTY, BRANDS, MARKS AND USAGE DATA
- QHR Ownership of Medeo Solution and Technology. As between you and QHR, QHR exclusively owns and retains all right, title and interest in and to the Medeo Solution and all software, materials, formats, interfaces, information, text, Usage Data, graphics, images, video, logos, icons, audio, content, computer code, as well as QHR’s confidential, business and proprietary information and technology used by QHR or provided to You by QHR in connection with the Medeo Solution and any compilation thereof.
- Trademarks, Logos and Branding. “QHR Technologies Inc.,” “Medeo,” the QHR logo, the Medeo Solution logo, and other QHR logos, trademarks, signs, symbols, images and brands (the “Marks”) displayed on the Medeo Solution are the property of the QHR Parties, and Third-Party Services and processors where named. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of QHR or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the Medeo Solution on any copy you make of the Medeo Solution, or aspect of it. The Medeo Solution and all QHR Content is protected by intellectual property laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any of the Medeo Solution or QHR Content for commercial purposes.
- Statistical Usage Data. QHR owns the statistical usage data derived from the User’s use of the Medeo Solution, including partner applications and Third-Party Services integrated for use with the Medeo Solution, such as: IP addresses, web browser type, operating system information, information about the parts of the Medeo Solution that a User accesses and uses, the date and time of the User’s access and use of the Medeo Solution and in-application time, actions within the Medeo Solution, crashes and other system activity on the Medeo Solution, certain content that the User download from the Medeo Solution, configurations, log data, feature access, and the performance results for the Medeo Solution (“Usage Data”). The Usage Data is not health information. Users agree that the Usage Data will be owned by QHR without providing additional compensation to the User, Client, or any other person and without any liability whatsoever. QHR may utilize the Usage Data to optimize and improve the Medeo Solution, retain customers, or otherwise operate or market QHR’s business.
VIOLATION OF THESE TERMS AND TERMINATION
- Suspension and Removal of Access. QHR may monitor, terminate, or suspend any User’s Account or the Medeo Solution at any time. QHR may, acting in its sole discretion and without prior notice to the User, suspend or remove any User’s access to the Medeo Solution, or any part of the Medeo Solution, at any time, and cancel the User’s Account for any reason, including, without limitation:
- if the User engages in fraud, dishonesty, breach of a statute or any other law;
- any action or activity of User which may adversely affect QHR’s interest, reputation, or otherwise bring QHR into disrepute, including without limitation, creating risk of legal exposure for QHR;
- conduct on the part of User that is detrimental to the business or the financial position of QHR, as determined at the sole discretion of QHR;
- any failure to comply with any term or condition of these Terms or any representation or warranty of User being untrue, incorrect or inaccurate at any time under these Terms; or
- in response to requests by law enforcement or any other government agencies.
- Remedies. In addition to the foregoing, QHR reserves the right to pursue all remedies available at law and in equity for violation of these Terms. The parties recognize that a failure by the User to comply with any provision of these Terms will result in damages to QHR for which it could not be adequately compensated by monetary award. Accordingly, User agrees that in the event of such failure (or threatened failure) and in addition to any other remedies available to QHR at law or in equity, QHR shall be entitled as a matter of right, to apply to a court of competent equitable jurisdiction for such relief by way of a restraining order, injunction, decree or otherwise, as may be appropriate to ensure compliance with the provisions of these Terms.
- Termination. These Terms, as amended from time to time by QHR, shall remain effective until terminated by the User or QHR. Upon termination of these Terms for any reason, the User must cease use of their Account, cease accessing the Medeo Solution, and promptly delete, purge and destroy all electronic and other copies they have made of any QHR Content.
- Your Health Information on Termination. Your Provider will have custody or control of the information you have provided to them and they have retained in the course of providing health care services to You. Your Provider may be legally required to retain for certain periods data and information that you have submitted to them while using the Medeo Solution, including but not limited to, medical records. The Provider remains the custodian of Your personal health information, and as such, you should contact Your Provider about it.
- Account Information on Termination. If You terminate Your Account and Your Provider has a separate copy of your Personal Information, QHR will delete your Account. If Your Provider does not have a copy of your Personal Information, or You have signed up for a Premium Feature or any aspect of the Medeo Solution which requires payment, QHR may retain some of your data, including Personal Information, as reasonably necessary for legitimate business purposes in accordance with these Terms, or payment terms to which you have agreed, and Applicable Law. QHR will retain all Usage Data as permitted by these Terms and Applicable Law.
- NO WARRANTY. Except as expressly set out in these Terms, and to the fullest extent permitted by applicable laws, QHR makes no representations, warranties or conditions of any kind. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE MEDEO SOLUTION AND ALL OTHER DATA OR MATERIALS PROVIDED IN CONNECTION WITH THESE TERMS BY QHR ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, SUITABILITY OR ACCURACY. QHR DOES NOT WARRANT THAT THE MEDEO SOLUTION OR QHR CONTENT ARE SUITABLE FOR OR WILL MEET USER REQUIREMENTS, ARE FREE OF DEFECTS, THAT THE OPERATION OF THE MEDEO SOLUTION WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, AND QHR DOES NOT WARRANT THAT ERRORS OR DEFECTS IN THE MEDEO SOLUTION OR QHR CONTENT WILL BE CORRECTED. FURTHER, QHR DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE MEDEO SOLUTION OR ANY LINKED SITE, INCLUDING ANY THIRD PARTY ACTIVITIES, AND QHR SHALL NOT BE PARTY TO ANY TRANSACTION THAT A USER MAY ENTER INTO WITH ANY SUCH THIRD PARTY THROUGH THE MEDEO SOLUTION, ANY LINKED SITE, OR OTHERWISE.
- NO MEDICAL ADVICE. YOU ACKNOWLEDGE AND AGREE THAT QHR DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, AND/OR MEDICAL TREATMENT. QHR CONNECTS PROVIDERS AND USERS USING THE MEDEO SOLUTION. THE PROFESSIONAL SERVICES ARE PROVIDED BY THE PROVIDERS INDEPENDENTLY. PROVIDERS ARE INDEPENDENT AND ARE NOT EMPLOYED BY QHR OR OTHERWISE AFFILIATED WITH QHR. QHR CANNOT GUARANTEE THE QUALITY OF THE PROFESSIONAL SERVICES THAT A PROVIDER PROVIDES TO A USER THROUGH THE MEDEO SOLUTION. PROVIDERS ARE RESPONSIBLE FOR ENSURING THAT THEY ARE PROPERLY LICENSED, CERTIFIED AND/OR CREDENTIALED TO PROVIDE THE PROFESSIONAL SERVICES TO USERS, AND THEY ARE SOLELY RESPONSIBLE FOR THE PROFESSIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD KEEPING, APPLICABLE LAWS AND PROFESSIONAL OBLIGATIONS. QHR DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR THEIR CLINIC AVAILABLE THROUGH THE MEDEO SOLUTION, OR ANY CARE, ADVICE, RECOMMENDATION, MEDICATION OR PRODUCT RECOMMENDED BY ANY PROVIDER. ANY AND ALL ADVICE OR CARE YOU OBTAIN (AND ANY RESULTS OR LACK OF RESULTS FROM FOLLOWING OR NOT FOLLOWING SUCH ADVICE OR CARE) FROM ANY PROVIDER IS THE RESPONSIBILITY OF THE RESPONSIBLE PROVIDER PROVIDING ADVICE OR CARE, AND YOU.
- LINKED SITES. THE MEDEO SOLUTION PERMITS YOU TO LINK TO OTHER WEBSITES OR RESOURCES ON THE INTERNET WHICH ARE OPERATED BY THIRD PARTIES OTHER THAN QHR (“LINKED SITES”). SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO THE USER. THESE LINKED SITES ARE NOT UNDER QHR’S CONTROL. YOU ACKNOWLEDGE THAT QHR IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, PRODUCTS, SERVICES, OR INFORMATION OFFERED BY THIRD PARTIES, OR FOR THE FUNCTIONS, ACCURACY, LEGALITY, APPROPRIATENESS OR ANY OTHER ASPECT OF SUCH LINKED SITES. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT BY QHR OR ANY ASSOCIATION WITH ITS OPERATORS. IF A USER DECIDES TO ACCESS ANY LINKED SITES OR ACQUIRE ANY THIRD PARTY PRODUCTS OR SERVICES, THE USER DOES SO ENTIRELY AT THEIR OWN RISK, AND THE USER MAY BE SUBJECT TO THE TERMS AND CONDITIONS AND THE PRIVACY POLICIES IMPOSED BY SUCH THIRD PARTIES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT QHR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED SITES.
- No Use Outside Canada. The Medeo Solution is meant to be used by Users within Canada only. By electing to access the Medeo Solution from any jurisdiction outside of Canada, the User accepts full responsibility for ensuring that their use of the Medeo Solution is in compliance with all laws applicable within that other jurisdiction. QHR makes no representation that services available on or through the Medeo Solution are appropriate or available for use in jurisdictions outside of Canada. Users are not permitted to access the Medeo Solution from any jurisdiction in which the QHR Content or User Content is illegal or accessing the Medeo Solution is contrary to the law of that jurisdiction.
- Additional Disclaimers: QHR is not responsible for:
- the conduct of any User of the Medeo Solution. By using the Medeo Solution, Users agree to accept such risks and agree that QHR is not responsible for the acts or omissions of Users on the Medeo Solution or the acts of Providers and their clinics in providing Professional Services and related administrative services, as applicable.
- the use or disclosure of any Personal Information that a User discloses to other Users (including to Support Users, Providers and their clinics) on or as a result of using the Medeo Solution.
- any charges, including data overage fees, that may be charged by a User’s internet service provider as a result of the User’s use of the Medeo Solution. Users are responsible for monitoring their own data consumption, and any charges incurred as a result.
- Indemnity. You agree to indemnify, defend and save harmless the QHR Parties from and against any and all claims, liabilities, losses, actions, and causes of action brought against, and all expenses and costs (including legal expenses on a full indemnity basis and any other fees and expenses incurred for investigating and defending any action or threatened action, as well as settlement costs), or damages of every nature and kind whatsoever, which any of the QHR Parties may suffer or incur arising from or in connection with: (a) Your use or misuse of the Medeo Solution, of QHR Content, of User Content, or of Linked Sites; (b) Your participation as a recipient of Professional Services facilitated through the Medeo Solution; (c) any negligence or wilful misconduct by You; (d) Your breach or reasonably alleged breach of these Terms; (e) Your violation or reasonably alleged violation of any Applicable Laws; and (f) Your infringement or violation of any intellectual property rights or other right of a third party.
- Conditions. Without derogating from or excusing Your obligations under the indemnity provision above, QHR reserves the right (at your expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to indemnification by You even if You choose to defend or settle it. You agree not to settle any matter that is subject to indemnification by You without first obtaining QHR’s express prior approval.
LIMITATION OF QHR’S LIABILITY
- Limitation of Liability for the Use of the Medeo Solution. In no event shall the QHR Parties be liable, whether under statute or in contract, tort, strict liability, equity or under any other legal theory, for any personal injury, personal property damage, breach of privacy, loss, accident or death, for any third party claims, direct, indirect, punitive, consequential, incidental or special loss or damages (including without limitation damages that result from inconvenience, delay or loss of profits; delay or loss of use of any information or data or of the Medeo Solution; business interruption; replacement cost of personal property; the cost of procuring substitute service or lost opportunity; reputational loss; or data corruption or data loss) arising out of or in connection with the use of the Medeo Solution, QHR Content, or a Linked Site, or for any delay or inability to use the Medeo Solution, QHR Content, or a Linked Site, or arising out of or in connection with Professional Services, howsoever arising including but not limited to negligence, even if QHR is made aware of the possibility of such injury, loss, accident, death or damages. This limitation of liability includes, but is not limited to, a hacking, malware or ransomware event involving the Medeo Solution, the transmission of any viruses, malware, or malicious app which may infect a User’s equipment or devices, failure of the Medeo Solution and/or QHR services to be compatible with a User’s hardware or application, failure of mechanical or electronic equipment or communication or interconnect lines or fibre, or other connectivity problems, unauthorized access or unauthorized disclosure of Personal Information or User Content or other data, theft, loss of data, operator errors, strikes or other labour problems or any force majeure event. QHR cannot and does not guarantee continuous, uninterrupted, error free or secure access to the Medeo Solution.
- No Liability for Professional Services Arranged through the Medeo Solution. You agree that QHR is a technology services provider only and does not provide Professional Services. The Medeo Solution only enhances connections for Users to facilitate the provision of Professional Services by independent Providers. QHR does not endorse or control any Providers, their Professional Services, or their clinics. While the Medeo Solution may be used by You to request an appointment with a Provider and to communicate with and share information with a Provider, You agree that QHR has no responsibility or liability to You related to any Professional Services or other services provided to You by Providers, other than as expressly set forth in these Terms. Any and all claims regarding the failure, breach, loss or bodily injury or death arising from or in connection with a Provider’s activities or services (including the Professional Services) offered through the Medeo Solution are limited to claims against any and all such Providers, their clinics, and their third party suppliers.
- Cap on Liability. IN THE EVENT APPLICABLE LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS DO NOT APPLY, EVEN IN SUCH CASE, IN NO EVENT SHALL QHR’S AND THE QHR PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO A USER’S USE OF, OR THE INABILITY TO USE, THE MEDEO SOLUTION, EXCEED THE AMOUNTS ACTUALLY PAID TO QHR, IF ANY, BY THE USER IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE USER’S FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS THAT YOU MAY HAVE AGAINST QHR WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.
- Time Limit to Claims. To the extent permitted by law, You agree that You will not bring a claim under these Terms more than 12 months from when Your claim first arises.
- Changes to the Terms: QHR reserves the right to amend these Terms and any policies relating to the Medeo Solution at any time, in its sole discretion. You will be notified of any material changes to the Terms. Your continued use of the Medeo Solution following notice of such change means that you agree to and accept the Terms as amended. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Medeo Solution. If you do not agree to any modification of these Terms, then you must immediately stop using the Medeo Solution.
- Assignment. You may not assign any rights or obligations arising under these Terms. QHR may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary, or a successor in title to the Medeo Solution and/or the business and undertaking of QHR. Subject to the foregoing limitation, these Terms shall inure to the benefit of and shall be binding on the heirs, legal representatives, successors and assignees of the parties.
- Governing Law. Subject to the applicability of privacy and health information legislation of a particular province, these Terms and the User’s legal relationship with QHR shall otherwise be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Each of the parties hereto agrees irrevocably to attorn to the exclusive jurisdiction of the courts of such province except for applications for injunctive relief or specific performance by QHR.
- Injunctions. Notwithstanding the foregoing, if you breach or threaten to breach any provision of these Terms, You acknowledge that irreparable harm will result to QHR and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, You agree that QHR shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
- Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE UNDER THESE TERMS, YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
- Waiver of Class Action Rights. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR REPRESENTATIVE PROCEEDING INVOLVING A DISPUTE UNDER THESE TERMS.
- Notices. Any notice or other communication required or permitted under these Terms and intended to have legal effect must be given in writing to the other party. You may send notices to 300 - 1620 Dickson Avenue, Kelowna, BC V1Y 9Y2, +1.855.550.5004, firstname.lastname@example.org and QHR may send any notice to You: (i) via the email address you provided when you signed up for an Account; or (ii) by posting to the Medeo Solution. Notices delivered by email will be deemed to have been received on the date on which such notice is transmitted.
- Severability and Waiver. In the event that any provision of these Terms is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of these Terms will remain in full force and effect. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- Enurement. All covenants, representatives, warranties and agreements of the parties contained herein will be binding upon and will enure to the benefit of the parties and their respective successors, permitted assigns, legal representatives, heirs and trustees.
- Consideration. For avoidance of doubt, the User acknowledges that the User’s acceptance of these Terms is supported by good and valuable consideration including, but not limited to, the limited license granted in these Terms, and the User hereby acknowledges the receipt and sufficiency of such consideration.
- Force Majeure. QHR shall not be liable, or be considered to be in breach of or default under these Terms on account of, any delays or failure in performance as required by these Terms due to causes or events beyond our reasonable control, including but not limited to, where the delay or failure is due to acts of God, acts of any government, war, natural disasters, strikes or lockouts or other labour or contractor actions, civil disturbance, work refusal, fires or related fire hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyberattacks, earthquakes, floods, spills, epidemics or pandemics, acts of terrorism, riot, equipment failure or the software or systems of a third party, or other similar events which cannot be reasonably foreseen or provided against. If such a delay occurs, performance obligations shall be deemed extended for a period equal to the delay.
- Survival. The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.
- Questions or Additional Comments. If You have questions regarding these Terms or wish to obtain additional information, please send an e-mail to email@example.com.
For help please visit the Medeo support centre.
LAST UPDATED: December 8th, 2021