Last Updated: June 6, 2022
THIS APPLICATION SHOULD NOT BE USED FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY OR VISIT THE NEAREST EMERGENCY CENTRE.
eDoctorcare services that we may make available to you through or in connection with the application of telemedicine services (hereinafter referred to as “Telemedicine”) are owned and operated by eDoctorcare (RT MPC)
By registering for, and participating in an Telemedicine, YOU understand and agree that:
While the healthcare provider will attempt to respond in a timely fashion to YOUR visit request, there is no guarantee that all electronic communications will be reviewed and/or responded to within any specific period of time.
YOU are responsible for following up on the healthcare provider’s electronic communication.
YOU will review electronic communications for completeness before submitting.
YOU will communicate any changes in YOUR contact information to the healthcare provider.
The healthcare provider is not responsible for information loss due to technical failures associated with the Services or internet service provider.
YOUR healthcare provider will use reasonable means to protect the security and confidentiality of information sent and received using the eDoctorcare services.
However, there are risks in using any electronic communication systems and the healthcare provider cannot guarantee the security and confidentiality of electronic communication.
YOU acknowledge and understand that despite encryption software and other privacy/security safeguards being used for electronic communications, it is possible that communications with YOUR doctor or their staff using the eervices during this project may not be completely secure. Despite this, YOU agree to communicate with YOUR doctor, other health care providers and/or their staff using these services with a full understanding of the risk and for the avoidance of doubt explicitly agree that email is a satisfactory form of communication in relation to carrying out the services.
Telemedicine is conducted through a secure platform via secure messaging, video or audio (within the solution)..
Our services may be accessed through a mobile phone, personal digital assistant or other wireless device running iOS or Android operating system. If services are accessed through a mobile device, YOU will ensure that YOUR mobile device is secure to ensure YOUR privacy. Any pictures taken on a mobile device to be uploaded to the Services may be stored on the mobile device, and it is YOUR responsibility to ensure the privacy and security of those images.
All healthcare providers providing healthcare services are independent, regulated health professionals registered to practice medicine in a Province or Territory of Ontario, Canada. eDoctorcare is not a healthcare provider. Healthcare providers alone are responsible for the healthcare services they provide through Telemedicine.
If you want information about any particular healthcare providers please consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Physicians and Surgeons”, “College of Nurses”, etc., of the Province), in the Province or Territory in which the healthcare provider practices.
Telemedicine enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, and who have subscribed to Telemedicine. Telemedicine and healthcare services will only be made available to you if you are ordinarily resident in a Province or Territory of Canada, whether or not you are physically in your Province or Territory of residence at the time that you request healthcare services. By using Telemedicine and healthcare services, you represent and warrant that you meet the residency requirements set out above at the time that the healthcare services are provided. You agree that Telemedicine is made available solely for your personal and non-commercial use.
UNDERSTANDING AND AGREEMENT FOR THE USE OF TELEMEDICINE
BY REGISTERING TO USE THE eDoctorcare PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
eDoctorcare is not a party to the relationship between you and any healthcare provider providing healthcare services. Healthcare providers are independent contractors who are not employed by eDoctorcare or otherwise affiliated with eDoctorcare.
HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
As with any other medical consultation, no results can be guaranteed or assured: your healthcare provider may determine that healthcare services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide healthcare services to you through Telemedicine.
As with any other health care service, there are risks associated with the use of the healthcare services.
Telemedicine may not permit the transmission of information in a way that allows the healthcare provider to provide healthcare services (e.g., poor resolution of images).
You are responsible for providing the healthcare provider with the information that he or she advises is required in order to provide you with healthcare services.
The laws that protect the privacy and security of Personal Information apply to telemedicine;
LIMITATION OF EDOCTORCARE’S LIABILITY
UNDER NO CIRCUMSTANCE SHALL EDOCTORCARE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF TELEMEDICINE AND/OR HEALTHCARE SERVICES PROVIDED BY HEALTHCARE PROVIDERS. EDOCTORCARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON TELEMEDICINE AND/OR HEALTHCARE SERVICES , OR YOUR INABILITY TO ACCESS OR USE TELEMEDICINE AND/OR HEALTHCARE SERVICES ; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTHCARE PROVIDER. EDOCTORCARE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EDOCTORCARE’S REASONABLE CONTROL. YOU AGREE THAT EDOCTORCARE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF TELEMEDICINE OR THE HEALTHCARE SERVICES PROVIDED TO YOU BY HEALTHCARE PROVIDERS.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER RELATING TO THESE TERMS, TELEMEDICINE, YOUR ACCOUNT, OR ANY OTHER PRODUCT OR SERVICES WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT EXCEEDING ONE HUNDRED CANADIAN DOLLARS ($100).
EDOCTORCARE MAKES NO WARRANTIES WITH RESPECT TO TELEMEDICINE , THE CONTENT OR ANY OTHER PRODUCTS OR SERVICES. TELEMEDICINE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, CORRECTNESS, COMPLETENESS, EFFECTIVENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, SECURITY, OPERATION FREE OF INTERRUPTION, TECHNOLOGICALLY HARMFUL INTRUSIONS, DENIAL OF SERVICE ATTACKS, VIRUSES OR OTHER ERRORS OR EVENTS CAUSED BY OR INTRODUCED THROUGH THE INTERNET, OR THOSE ARISING BY USAGE OF TRADE OR COURSE OF DEALING.
NO LIABILITY FOR COMPUTERS OR NETWORKS USED TO ACCESS YOUR ACCOUNT
eDoctorcare is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access Telemedicine.
You agree to indemnify and hold eDoctorcare, including its directors, officers, employees, agents and shareholders harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of Telemedicine and healthcare services obtained through your use of Telemedicine; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including healthcare providers, other Users and any person on whose behalf you request healthcare services.
Entire Agreement. These Terms constitute the entire agreement and understanding of eDoctorcare and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing Telemedicine, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with eDoctorcare’s prior written consent. eDoctorcare may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
If you have questions about Telemedicine or its use, you can contact eDoctorcare support by sending an email to [email protected]
APPENDIX: YOUR PERSONAL INFORMATION AND THE PROGRAM
Respect for privacy and the protection of information are priorities for eDoctorcare. For this purpose, eDoctorcare complies with specific privacy and security requirements, included within its agreements that are designed to limit access to personal information and keep it secure.
eDoctorcare is required to comply with applicable legislation including the Personal Health Information Protection Act, 2004 (“PHIPA”). eDoctorcare will use a variety of physical, administrative, and technical safeguards to protect and secure YOUR information.
Information about YOUR use of the Services including personal information will be documented and stored securely in eDoctorcare servers, which are located in Canada. eDoctorcare will only access this information to provide technical support and services to YOU and to the participating healthcare providers. eDoctorcare may also use thirdparty service providers to deliver some of its services.