Terms of Service

Please read these terms and conditions of use carefully before using our mobile device service and related website.

 

This terms and condition applies to your use of the MedEssist mobile device application (the “App”) and related website located at www.MedEssist.ca (including the mobile-optimized versions of such website, the “Site”). The App and the Site are referred to together as the “Service”. This policy sets out our commitments and explains the rights that you have with respect to your personal information. If you do not agree to the terms of this terms and conditions, please do not use the app. References to "MedEssist," “we” or “us” is referring to MedEssist Limited.

Intended Users:

The service is available only to users who are at least 18 years old. Under no circumstance should the service be used by children under 18 years of age, and we will not knowingly collect personal information from any person we know to be in this age group. If you are using the service for the benefits of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our privacy policy. If you discover that your child has been using the service without your consent, please contact us using the information below under “How to Contact Us,” and we will take reasonable steps to delete the child’s information from our active databases. If you choose to share your account information with a caregiver or allow a caregiver to use MedEssist on your behalf, you are responsible for all actions performed by the caregiver and the caregiver is also bound by these terms. MedEssist will assume all actions, (including but not limited to refill requests), are performed by you or on your behalf by an authorized individual. You may not provide access to or use the Service or Content (as defined below) thereof for the benefit of third parties or make commercial use of the Service or related content, but you make use the service for your personal use subject to this Agreement. Use of and access to the Service for your personal use subject to this Agreement, Use of and access to the Service is void where prohibited. By accessing and using the Service, you shall ensure that a) any and all registration information you submit is truthful and accurate; b) you will maintain the accuracy of such information; c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to receiving messages and promotional material offering in-Service purchases. 

Modifications of this Agreement:

We reserve the right to update or modify this Agreement at any time. By continuing to use the Service after any such changes, you agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.

Disclaimers:

Your use of any aspect of the Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice. 

If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, MedEssist shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data. 


MEDESSIST IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND AND SHOULD NOT BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR AILMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICE. MEDESSIST IS UNABLE TO VERIFY THE INSTRUCTIONS PROVIDED TO PATIENTS BY THEIR HEALTHCARE PROVIDER OR BY THEIR PHARMACIST BECAUSE THE APP IS NOT ASSOCIATED WITH, OR IN ANYWAY CONNECTED TO, ANY PHARMACY MANAGEMENT SYSTEMS. MEDESSIST IS ONLY ABLE TO SUGGEST COMMON INSTRUCTIONS PERTAINING TO A MEDICATION THAT ARE REFLECTIVE OF THE COMMON INDICATIONS FOR WHICH THAT MEDICATION IS USED FOR. IT IS SOLEY THE RESPONSIBILITY OF THE PATIENT TO SELECT AND ADHERE TO THE CORRECT INSTRUCTIONS ISSUED TO THEM BY THEIR HEALTHCARE PROVIDER. IF YOU HAVE ANY QUESTIONS OR REQUIRE CLARITY ABOUT HOW TO USE YOUR MEDICATIONS, PLEASE CONTACT YOUR PHYSICAN, PHARMACIST, OR OTHER HEALTHCARE PROVIDER. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE SERVICE. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE SERVICE ARE TAKEN AT YOUR SOLE RISK. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICE TO ENSURE ITS ACCURACY. 


We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior. 

You make request termination of your account at any time and for any reason and you may exercise your rights according to the General Data Protection Regulation “GDPR”, by sending an e-mail to info@MedEssist.ca. More information about your rights pertaining to GDPR can be found in our Privacy Policy. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligation, which by their sense and context are intended to survive the suspension or termination of your account. 

This Terms and Conditions becomes effective on June 25, 2018 for all users, provided that enhanced data protection right in this Terms and in our Privacy Policy required by the EU General Data Protection Regulation becomes effective on June 25, 2018 for all EU-resident users who are natural persons. 

Technology Support:

We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. We cannot guarantee that the app will be error free, timely or secure.  Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service. 

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of Service, Content, including software, text, graphics, links or communications provided on or through the use of the Service; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Service. 

We have no obligation to provide technical support or maintenance for the Service. 

Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Service will be free of such contaminations. 

User’s Responsibilities:

  

If you submit any information to us through or related to the Service or send us any business information, feedback, idea concept or invention to us by e-mail, you shall ensure that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. 

You further agree that: 

· You will not reproduce, duplicate, copy, sell, resell, or exploit the Service, its Content, its software or any portion of any of the foregoing;

· You will not use the Service for any purpose in violation of local, provincial, national or international laws;

· You will not solicit another person’s password or personal information under false pretenses; 

· You will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;

· You will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;

· You will not infringe the intellectual property rights, privacy rights or moral rights of any third party;

· You will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

· You will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and 

· You will not post or transmit any Content that is (reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence or bigotry otherwise inappropriate to the community ethos of the Service)

You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt the operations or violate the security of the Service. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this agreement shall be construed to limit the actions or remedies available to use with respect to any prohibited activity or conduct. 

NO LIABILITY

IN NO EVENT WILL MEDESSIST LTD, MEDESSIST’S AFFILIATES, SUCH AS PHARMACIES THAT ARE CONNECTED TO THE SERVICES FOR MEDICATION ORDERS, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS BE HELD ACCOUNTABLE FOR ANY INCIDENTS RESULTING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SERVICE, THE CONTENT OF THE SERVICE OR THE PERSONAL INFORMATION ACCESSIBLE ON THE SITE OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEDESSIST LTD. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THE SERVICES.

License Grant:

We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Service, and any user guide, specification or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or unrestricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by other on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restriction are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not: 

· Lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App;

· Use the Service for any commercial purpose or for any commercial or non-commercial public display; 

· Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any App updates, or part of the

· App or updates, or attempt to do any of the foregoing;

· Copy, modify or create derivative works of the Service, Documentation any Service or Documentation updates or any part 

· Of the Service, Documentation or updates;

· Remove any copyright or other proprietary notices from the App, Documentation, part of the App or from the Site;

· Transfer the Content or material from the App or Site to anyone else or “mirror” the same on any server;

· Circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict

· Use or copying of any content;

· Use any robot, spider, site search or retrieval Service, or any other manual or automatic device or process to retrieve, index. 

· Data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service;

· Harvest, collect or mine information about other users of Service;

· Post or transmit any virus, worm, Trojan horse or other harmful or disruptive element; or

· Violate any applicable law, rule or regulation

If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages. 

Ownership:

MedEssist and its licensors own the Site, Documentation and App, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.  

Apple Inc:

This provision only applies in respect of the version of the App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability or that the App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone or iPod that you own or control as permitted by such terms. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you 

Infringement:

  

We accept no responsibility or liability for any material provided or posted by a user, at his solely discretion. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe that something appearing on the Service infringes your copyright, you may send us notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to info@medessist.ca.

Termination:

This Agreement is effective until termination by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Service. If you violate this Agreement, our permission to you to use the Service automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Service, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Choice of Law and Forum, Entire Agreement and Severability. 

Choice of Law and Forum:

 This Agreement shall be governed in all respects under the laws of the province of Ontario, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada. 

Entire Agreement:

This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of the Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. This agreement may be superseded by any terms agreed between an individual and MedEssist. 

Severability:

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect. 

Assignability:

You agree that this Agreement and all incorporated agreement between you and us may be assigned by us, in our sole discretion to any third party.

Contact Information:

All notices to you relating to this Agreement shall be posted on the Service or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by e-mail to info@MedEssist.ca or in writing and sent to the following:


MedEssist

Attention: MedEssist Limited

703-39 Caniff St. 

Toronto, Ontario 

M6K 3M5


Notice shall be deemed given when notice is posted on the Service or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. 


Last updated July, 2019