Last updated: March 26, 2024
Pocket MD Corp., (“PocketMD”, “we”, “our” or “us”) offers a software-as-a-service platform (the “Platform”) that enables end users to manage and access your health information and to interact with third party medical professionals. After you (“you” or “your”) register an account on the Platform, you are able to store and access your health information (including information provided by your third-party healthcare services providers) and interact with your third-party healthcare services providers who use the Platform (the “Services”). The services provided by others, including by qualified healthcare services providers, are “Third Party Services”. The healthcare service professionals with whom you may interact through the Platform are “Third Party Services Providers”. You will access the Platform through the PocketMD’s web portal (the “Platform Web Portal”). Unless otherwise indicated, a reference to the Platform is also a reference to the Platform Web Portal.
The Platform and Services are only intended for use by residents of Ontario. If you are not a resident of Ontario, you may not access the Platform or Services.
Please read these end user terms of use (“Terms”) carefully. These Terms are a legally binding agreement between you and PocketMD. These Terms govern your access to the Platform and the Services. By registering for an account, by using the Platform Web Portal, or by otherwise accessing or using the Platform or the Services, you agree to be bound by these Terms (including the linked documents referred to in these Terms), as revised from time to time. If you do not accept these Terms, you must not access or use the Platform or the Services. If you are dissatisfied with these Terms or any other terms, conditions, rules, policies, guidelines or practices applicable to the Platform or the Services, your sole and exclusive remedy is to discontinue access to and use of the Platform, the Services, and the Platform Web Portal. You represent that you are at least the legal age of majority in the jurisdiction of your residence. If you do not agree with these Terms, you must not access or use the Platform or the Services.
PocketMD is not a healthcare provider and does not provide healthcare services. The Platform may facilitate access to Third Party Services or facilitate communication between you and Third Party Services Providers. However, all healthcare related services are provided by the Third Party Services Providers and not PocketMD. PocketMD makes no representations or warranties with respect to, nor does PocketMD guarantee, recommend, or endorse the Third Party Services or any content communicated to you or provided by the Third Party Services Providers through the Platform. For any content provided by Third Party Services providers that is intended by the Third Party Services Provider to be medical advice, the Third Party Services Provider is fully responsible for such content. If you have any questions, issues, or complaints regarding the services provided by a Third Party Service Provider, please contact him or her directly or through regulators in the province in which the Third Party Services were provided.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
These Terms are effective on the earlier of the date that (a) you click to accept these Terms, or (b) you first register for an account through the Platform Web Portal, or otherwise access or use the Platform or the Services. You acknowledge the PocketMD Privacy Policy located at https://www.pocketmd.ca/privacy.html (the “Privacy Policy”), as revised from time to time, and you acknowledge and agree to our collection, use and disclosure of personal information as described in the Privacy Policy.
1. Your Account. You must register for a PocketMD account to access and use the Platform and the Services. You must provide the information reasonably requested by PocketMD for that purpose. You represent and warrant to PocketMD that you have not misrepresented any information that you have provided to PocketMD in connection with your account or your use of the Platform. You are responsible for maintaining the confidentiality of your username and password. PocketMD recommends that you use a strong and unique password and that you change it frequently. Do not reuse passwords. You agree not to disclose your username or password to any third party. PocketMD may reject, or require that you change, your username or password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify PocketMD immediately. It is your responsibility to update or change your account information, as appropriate.
Your Privacy and Personal Information. For a summary of how PocketMD collects, uses, and discloses personal information, please see PocketMD’s Privacy Policy. When you use the Platform and the Services, you may also interact with others, such as the Third Party Services Providers. The others with whom you interact may also collect, use, and disclose your personal information. PocketMD’s Privacy Policy only describes how PocketMD collects, uses, and discloses your personal information. To understand how others with whom you interact collect, use, and disclose your personal information, you must review their privacy policies.
Access. You may access and use the end user functionality of the Platform and the Services through the Platform Web Portal only in accordance with these Terms. These Terms permit you to use the Platform and the Services for your personal use only and not for any commercial purpose.
As a condition of accessing and using the Platform and the Services, you must: (a) provide only true, accurate and complete information in accordance with Section 5; and, (b) only access and use the Platform and the Services in accordance with these Terms.
Unacceptable Use. You will not (a) make the Platform or Services available to, or use the Platform or Services for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Platform or Services, (c) use the Platform or Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Platform or Services to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Platform or Services, (f) attempt to gain unauthorized access to the Platform or Services or their related systems or networks, (g) access or use any PocketMD intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Platform or Services or any part, feature, function or user interface of the Platform or Services, (i) frame or mirror any part of the Platform or Services, or otherwise incorporate any portion of the Platform or Services into any product or service, (j) access or use the Platform or Services in order to build a competitive product or service or to benchmark with a non-PocketMD product or service, (k) reverse engineer the Platform or Services, or any software used to provide them, (l) access or use any part of the Platform or Services that is (expressly or implicitly) not intended for use by you, (m) use any non-PocketMD automation code in relation to the Platform or Services (including any “bot” or “spider”), (n) collect or harvest any information from the Platform or
Services in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Platform or Services, (p) probe, scan, or test the vulnerability of the Platform or Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of the Platform or Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity .
Submitting Information through the Platform. Certain parts of the Platform and Services let you provide information to PocketMD, and to Third Party Services Providers. You agree that (a) all information you provide on or through the Platform (each, a “Submission”) will be true, accurate and complete,(b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) PocketMD and Third Party Services Providers are entitled to rely on your
Submissions, (e) you will not include the personal information of another individual in your Submission unless and only if you have the express permission and consent of that individual regarding the collection, use and disclosure of his or her personal information, or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that infringes on the rights of others, that is bigoted, hateful, or racially offensive, or that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, and (g) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you thereby grant to PocketMD and Third Party Service Providers an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for the purposes of providing the Platform, the Services, and Third Party Services. For a summary of how PocketMD collects, uses, and discloses personal information that might be included in a Submission, please see PocketMD’s Privacy Policy.
Reservation of PocketMD Rights. PocketMD and its licensors and the providers of Services have and will retain all right, title and interest in and to the Platform and Services, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications, and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Platform and Services, subject to these Terms. No rights are granted to you under these Terms other than as expressly set forth in these Terms. You have no right to use any trademarks owned or used by PocketMD.
Feedback. At your option, you may provide feedback and suggestions about the Platform or Services to PocketMD (“Feedback”). If Customer provides Feedback, then PocketMD and its affiliates may use that Feedback without restriction and without obligation to Customer.
Third Party Services. You are responsible for all fees and taxes that may be charged for the use of Third Party Services. Your use of any Third Party Services is at your own risk. PocketMD expressly disclaims responsibility and liability for all Third Party Services, and you agree that PocketMD shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of Third Party Services. Third Party Service Providers may have access to the information in your Submissions. You authorize PocketMD to provide such information to the Third Party Service Provider.
Fees. The Third Party Services Providers may charge you a service fee or impose other charges in connection with the Third Party Services you received through the Platform (“Third Party Fees”). PocketMD will collect Third Party Fees on behalf of Third Party Services Providers.
For the purpose of Third Party Fees, you must keep a valid payment method on file with us to pay for all applicable Third Party Fees , and the payment method must be acceptable to us in our sole discretion. PocketMD will charge applicable Third Party Fees to any valid payment method that you authorize (“Authorized Payment Method”), and PocketMD will continue to charge the Authorized Payment Method for applicable Third Party Fees until all outstanding Third Party Fees have been paid in full. All Third Party Fees are exclusive of applicable federal, provincial, local, or other governmental sales, products, and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Unless otherwise indicated, all Third Party Fees and other charges are in Canadian dollars, and all payments shall be in Canadian currency. PocketMD does not provide refunds. Since PocketMD only collects Third Party Fees on behalf of Third Party Service Providers, if you have any issues with Third Party Fees please contact the relevant Third party service Provider.
11. Links to Other Sites. The Platform or Services may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by PocketMD and are maintained by third parties over which PocketMD exercises no control. Accordingly, PocketMD expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Functionality and Access. PocketMD may at any time, with or without notice, without liability, and for any reason
(a) remove any functionality from the Platform or Services, (b) change any functionality on the Platform or Services, (c) modify the Platform Web Portal, and (d) deny any person access to the Platform or Services. PocketMD furthermore reserves the right to take any action related to the Platform or Services that is required to comply with applicable law.
Disclaimer of Warranties and Limitation of Liability.
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS,
OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, POCKETMD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS AND OTHER TERMS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE PLATFORM AND SERVICES, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. POCKETMD MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM AND SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE PLATFORM OR SERVICES WILL BE SECURE, OR THAT
ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM OR SERVICES WILL BE FREE
OF MALICIOUS CODE. POCKETMD IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM OR THE SERVICES. POCKETMD MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY SERVICES OR THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PLATFORM OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THEM.
IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF POCKETMD (AND POCKETMD’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE PLATFORM OR SERVICES, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) CAD $100. ANY ACTION COMMENCED BY YOU AGAINST POCKETMD MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL POCKETMD (OR POCKETMD’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS,
SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Indemnity. You will indemnify and hold PocketMD (and PocketMD’s directors, officers, employees, partners, suppliers and agents, and the providers of Third Party Services and Third Party Content) harmless from all Losses arising from your use of the Platform or Services, or your breach of any of these Terms, and from all Losses resulting from any Submission that is untrue, inaccurate, or incomplete.
Termination and Suspension. If you fail to comply with these Terms, then, without limiting any other right or remedy available to PocketMD, PocketMD may suspend or terminate your access to all or any part of the Platform or Services, with or without notice to you, and without any liability to you or any other person. PocketMD may suspend or terminate your access to all or any part of the Platform, Services, or Platform Web Portal, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If PocketMD terminates or suspends your access to all or any part of the Platform and/or some or all of the Services, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
Export Controls. These Terms are expressly made subject to any laws, regulations, orders, or other restrictions on export from the United States of America or Canada of any of the Platform or Services, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export any of the Platform or Services, or any information about any of them without the prior written consent of PocketMD and compliance with such laws, regulations, orders, and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
Amendments. The “last updated” legend above indicates when these Terms were last amended. PocketMD may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Platform and providing notice to you. We will provide you with notice of the proposed amendments by posting an amended version of these Terms on our website or through the Platform or Platform Web Portal with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Platform and Services within the 30-day notice period. If you continue to access or use the Platform or Services after the applicable 30-day notice period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
Governing Law & Jurisdiction. These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform or the Services, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and PocketMD each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that PocketMD shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that PocketMD shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to PocketMD, such harm would not be quantifiable in monetary damages, and PocketMD would not have an adequate remedy at law. You agree that PocketMD shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that PocketMD posts any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PocketMD to enforce any provision of these Terms.
Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform or the Services, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor PocketMD will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
Entire Agreement. These Terms represent the entire agreement between you and PocketMD with respect to the use of the Platform and Services, and they supersede all prior or contemporaneous terms, agreements, communications, and proposals, whether electronic, oral, or written between you and PocketMD with respect to any of the foregoing.
General. If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of PocketMD granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by PocketMD to insist on strict performance of any of the terms or conditions of these Terms will not operate as a waiver by PocketMD of that or any subsequent default or failure of performance. PocketMD’s affiliates, PocketMD’s directors, officers, employees, partners, suppliers and agents, and Third Party Services Providers, are third party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “No Claim for Certain Damages” and “Indemnity”. There are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of PocketMD. PocketMD may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and PocketMD and your and its respective successors and permitted assigns.