Terms of Use

Last updated: 2020-04-14

This Agreement sets forth and contains all of the terms and conditions between you (the “User”), and North Shore Division of Family Practice Society (the “Division”) regarding the use of the Division’s electronic consent web platform.

Definitions
In this Agreement the following words and phrases shall have the following meanings:

“Consent”

means consent provided by the User for electronic communication (e.g. video consultations) between the User and their Medical Professional.

“Medical Professional”

means a licensed and registered doctor, therapist, nurse, or other medical practitioner.

“Medical Service”

means the medical evaluation, treatment, or other process that the User receives from a Medical Professional.

“Platform”

means the Website, and all other webpages, mobile applications, communication channels, and other means by which Division performs the Service.

“Service”

means the collection and provision of Consent to a Medical Professional by the Division through the Platform.

“Website”

means the divisionseconsent.ca website.
Acceptance of Terms
1. This Agreement comprises an electronic contract that establishes the legally binding terms the User must accept to use the Platform. This Agreement includes the Division’s Privacy Policy.
2. By the User checking the "I Have Read and Accepted the Terms & Conditions of Use and the Privacy Policy" box, this Agreement is executed between the User and the Division and is binding. As such, the Division strongly recommends that the User read this Agreement carefully, and seek independent legal counsel as required.
3. If the User breaches any provision of this Agreement, the User’s right to access the Website, the Platform, and the performance of the Service shall cease immediately.
4. By agreeing that the User has read and accepted the terms and conditions contained herein and in the Privacy Policy, and by completing the User Registration Form, the User represents and warrants that:
  1. the User is at least 19 years of age or a legally organized entity authorized to represent the person who is submitting a User registration, and to sign the User Registration Form on the User’s behalf and bind the User; and
  2. the information furnished by the User in the User Registration Form is accurate, true and complete.
5. This Agreement may be modified by the Division from time to time at its sole discretion, such modifications to be effective upon posting on the Platform. The Division will notify users of changes to the Agreement, including the Privacy Policy, through notices on the Platform or by email, or both. Users are advised to review this Agreement regularly. Continued use of the Service will signify acceptance of any modifications by the User.
Scope of Service
1. The Division has developed the Platform and Service for the purposes of facilitating the provision of consent for electronic communication between patients and their Medical Professionals.
2. The Service is offered only as an assistive step prior to the performance of electronic communications between the User and their Medical Professional and is solely for the purpose of assisting in the collection and provision of consent necessary for the performance of such electronic communication. The Division does not offer or provide medical advice, diagnostic services, or Medical Services.
3. In the event that the applicable Medical Professional has not registered with the Platform, the Platform will notify the User and provide the User with a printable Consent form. The User acknowledges and accepts that in such case it will be the User’s sole responsibility to print and provide such Consent to the appropriate Medical Professional.
4. The Division does not endorse or recommend any Medical Professional featured or available through the Platform. The User understands that it is their responsibility to verify the certification and/or licensing of the Medical Professional, with the applicable licensing authority.
5. The Division shall have no obligation to provide the User with any support or maintenance in connection with the Platform.
Collection and Provision of Consent
1. To use the Services, Users will be directed through the Platform to:
  1. verify their identity using SecureKey technologies;
  2. select their Medical Professional; and
  3. sign the Canadian Medical Protective Association’s recommended consent form for electronic communication, or other form as adopted by the Division (the “Form”).
  The signed Form will then be sent to the selected Medical Professional.
2. It is important to note that the User is under no obligation to provide Consent. However, such Consent may be necessary in order for the User to receive electronic communication from their Medical Professional. Users are advised to speak to their Medical Professionals about the requirements and necessity of Consent.
3. Under no circumstances will the Division share the User’s information with any third party unless expressly required in the performance of the Service, as otherwise set out in this Agreement, as required by law, in case of settling a dispute with the User, or in legal proceedings to defend or enforce the Division’s legal rights.
4. The User hereby acknowledges and agrees that the Service relies on the User providing accurate and full information as required in the Form, and that any omission or misrepresentation the User makes with regard to the Consent could detrimentally affect the ability of the User to obtain electronic communications from their Medical Professional.
5. The Division will not examine the validity or accuracy of the information submitted by the User in the Form.
6. The Division may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User. Without derogating from the above, the Division may remove any content violating this Agreement.
Relationship with Medical Professional
1. The User’s relationship with regard to Consent, electronic communications, and the performance of Medical Services will be solely with the Medical Professional. The Division’s only involvement is the facilitation of the provision of Consent through the Services, and the Division will not be involved in any way with the substance of such relationship or the advice, diagnosis, or other Medical Services given or performed in relation to the User.
2. The Division is in no way affiliated with any of the Medical Professionals to which information may be submitted through the Platform or that are otherwise listed on the Website, and the Division makes no representation or warranty whatsoever as to the availability, quality of diagnosis or care, any other representation or warranty of any kind regarding the Medical Services that the User receives. Medical advice provided by any such Medical Professional is solely the opinion of such Medical Professional, and not that of the Division. The Division does not assume any liability or responsibility for damage or injury to persons or property arising from the provision of Consent, or the use of any information or advice given by any Medical Professional.
User’s Responsibilities
1. The User warrants and declares that while using the Service, they will act according to the Agreement, and agrees to the following:
  1. the User will be solely and fully liable for all Consent and related information submitted by the User;
  2. the User will have the sole responsibility to verify the Medical Professional’s identity, qualifications, credentials, biographic information, licenses held, and other information delivered to a User by a Medical Professional; and
  3. the User will report any violation of this Agreement to [email protected]
Permitted Use of the Platform
1. The Division grants the User a non-transferable, non-exclusive, revocable, limited licence to use and access the Platform solely for the User’s own personal, non-commercial use. Access to and use of the Platform other than for the User’s personal, non-commercial purposes is strictly prohibited.
2. The User agrees that it will not use the Platform:
  1. in any unlawful, fraudulent, or commercial manner, or any other manner prohibited under this Agreement;
  2. to submit any Consent or other information using the Platform that amounts to a breach of any third party’s privacy;
  3. to upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  4. to send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  5. to use the Platform to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
  6. to interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks;
  7. to attempt to gain unauthorized access to the Platform whether through password mining or any other means;
  8. to use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform;
  9. to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Platform; or
  10. to licence, sell, rent or lease any part of the Platform.
Third Party Links and Services
1. The Division may provide links on the Website or otherwise through the Platform to the websites of third parties. These websites are owned and operated by third parties over whom the Division has no control. The Division has not reviewed all of the sites linked on the Website and accepts no responsibility for the contents of third party websites. The inclusion of any link does not imply endorsement by the Division of the linked website. Use of any such linked website is at the User's own risk. Any links to third party websites are provided for the User’s interest and convenience only. The Division is not responsible or liable for any loss or damage the User may suffer or incur in connection with the use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
2. The Service involves the use of SecureKey technologies to verify user identity. Users are advised to review the terms and conditions and privacy policy of such SecureKey technologies prior to using the Service. The Division is not responsible or liable for any loss or damage the User may suffer or incur in connection with the use of such SecureKey technologies.
Confidentiality
1. The Division is committed to protecting the User’s privacy, and will process any information received from the User in accordance with the Division’s Privacy Policy. By using the Platform, the User agrees to the manner and form in which the Division processes and deals with the User’s personal information.
2. All information submitted by the User in the course of using the Platform, including the User’s name, medical history, symptoms, relationship status, sex, and gender, will be kept strictly confidential and will only be disclosed to the Medical Professional, or such parties as are required to provide the Service. All information submitted by the User will be stored on the Division’s secure servers and will be safeguarded and will not be shared with any third parties unless required in the provision of the Services or otherwise as set forth in this Agreement.
3. Forms submitted by the User will be deleted from the Platform every 3 months.
Disclaimer and Release of Liability
1. The Division provides no advice or recommendation as to whether Consent should be provided by the User. The User is to use their own discretion before using the Service. The User should always consult a Medical Professional or obtain legal advice with regard to obtaining electronic communications and providing Consent. It is the User’s responsibility to read and ensure they fully understand the Form prior to signing the Form. Further, the Division is in no way liable for any unintended disclosure of the User’s personal information that may occur while communicating electronically subsequent to providing Consent.
2. The Division in no way guarantees of the quality of the Medical Services the User may receive from Medical Professionals, whether or not through electronic communication. As a result, the Division assumes no responsibility for Medical Services received by the User. The User is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Medical Professionals from whom they receive or contemplate to receive services, as well as the appropriateness of receiving electronic communications.
3. The User hereby agrees to release the Division from all liability arising from unavailability of the Platform. The User agrees that the Division holds no responsibility with regard to the User's computer system, software data, or any other technical difficulty occurring in connection to the Platform, and agrees to release the Division from any liability with regard to any computer viruses or computer corruption to the User or any other party’s computer or other device used to connect to the Platform.
4. The Division further makes no representation or warranty that:
  1. the Service will meet the User requirements;
  2. the Medical Professional with whom the User wish to provide Consent will be registered with the Platform;
  3. access to the Platform will be uninterrupted, timely, secure, or error-free;
  4. the quality or reliability of the Platform will meet the User’s expectations; or
  5. the Service will in fact be beneficial to the User’s overall treatment.
5. The Platform is not intended for diagnosis or to provide any other form of medical advice or treatment. Accordingly, the User agrees to release the Division from any and all liability arising from any injury, loss, costs, damage resulting from the performance of the Medical Services by the Medical Professional, without limiting the foregoing, including through the provision of false, inaccurate or misleading information to the Medical Professional. The User further acknowledges and agrees that any relationship regarding the provision of a Medical Service is strictly between the User and the Medical Professional, that the Division is not involved in any way in the User’s treatment or diagnosis, and that the Division provides no representation, guarantee, or warranty in relation to such Medical Service.
6. The User agrees that any use of the Platform will be at the User’s own and sole risk, and that they will be solely responsible for any loss or damage to the User in connection with such actions. The Division assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
7. The Platform is provided on an "as is" and "as available" basis. The Division expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
8. The User agrees that the Division will not be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond the Division’s reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
9. The User acknowledges and agrees that the disclaimers of warranties and limitations of liability above are an agreed upon allocation of risk between the User and the Division. The User further acknowledges and agrees that if the User did not agree to these limitations of liability it would not be permitted to access the Platform, and that such provisions are reasonable and fair.
Indemnity
1. The User agrees to defend, indemnify and hold the Division, and its subsidiaries, parents, affiliates, and each of its and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of the User’s use of the Platform, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by the User in connection with any user of the Platform or any other third party, or alleging facts or circumstances that could constitute a breach by the User of any provision of this Agreement and/or any of the representations and warranties set forth above.
Intellectual Property
1. The Division owns and retains all proprietary rights in the Platform, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Platform contains the copyrighted material, trademarks, and other proprietary information of the Division. The User agrees not to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Platform. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
2. Other than as specifically provided in this Agreement, no licence is granted to the User or any other party for the use of the Division’s intellectual property.
Terms and Termination
1. This Agreement will remain in full force and effect while the User uses the Platform.
2. The User acknowledges and agrees that the Division, at its sole discretion, may terminate the User’s access to the Platform for any reason, including, without limitation, the User’s breach of this Agreement. The User understands and agrees that the Division is not required, and may be prohibited, from disclosing to the User the reason for termination of the User’s access to the Platform. 
3. The User acknowledges and agrees that any termination of its access to the Platform may be effected without prior notice, and further acknowledges and agrees that the Division may bar any further access to the Platform.
4. The User acknowledges and agrees that the Division will not be liable to the User or any third party for any costs or damages of any kind for or resulting from any termination of the User’s access to the Platform, and that upon termination, the User’s information may be deleted or kept as necessary.
Payment
1. The Division will use reasonable efforts to process any payment made by the User in accordance with the terms agreed upon.
2. The Division’s billing system, and any system used by parties that facilitate such billing system, is not fault-free, as such the User agrees to release the Division from any liability resulting from any problems, miscalculations, or malfunctions in processing the payments made by the User.
3. If the User believes that a mistake with regard to any payment has occurred they may send their complaint to [email protected], and the Division will make reasonable efforts to resolve such complaint.
Arbitration
1. The User agrees that any claim or dispute related to the use of the Platform, and the performance of the Service shall be resolved by binding arbitration by the Canadian Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgement in any court of competent jurisdiction.
Advertising and Promotion
1. A promotion advertised on the Platform is subject to availability and is not an indication of availability. The Division reserves the right to amend, modify, extend or cancel any promotion without advance notice to the public.
2. The Division further reserves the right to reject, approve, or remove any advertising from the Platform at its sole discretion, including advertisements that negatively affect its users or that promote content contrary to the Division’s philosophy.
Feedback
1. If the User provides the Division with any feedback or suggestions regarding the Platform (“Feedback”), the User hereby assigns to the Division all rights in such Feedback and agrees that the Division shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
2. The Division will treat any Feedback as non-confidential and non-proprietary, and the User agrees not to submit as Feedback any information or ideas that they consider to be confidential or proprietary.
Miscellaneous
1. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
2. The User shall not assign their rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of the Division. Any purported assignment by the User without the appropriate prior written approval will be null and void and of no force or effect.
3. This Agreement shall be interpreted only in accordance with the laws of the province of British Columbia, Canada and any arbitration or legal proceeding arising out this Agreement will occur exclusively in British Columbia.
4. This Agreement will be binding and will enure to the benefit of the legal representatives, successors and assigns of the parties hereto.
5. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between the Division and the User with respect to the subject matter contained herein, and the User has not relied upon any promises or representations by the Division with respect to the subject matter except as set forth herein.
6. The Service is not available to potential users that are residents of a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the Canada.
7. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
8. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Contact
1. If the User has any questions or concerns about this Agreement, they may contact the Division at [email protected].