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.
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.
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.
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.
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 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.
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.
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:
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
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.
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
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 firstname.lastname@example.org.
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.
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.
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.
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.
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.
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