The MDKonsult Terms of Service was updated on March 18, 2018.
These Terms of Service (“Terms”) govern the access and/or use, by individuals who have registered with MDKonsult and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “MDKonsult Platform”), owned and operated by Pixineers Inc. doing business as MDKonsult.com (“MDKonsult”, “we”, “us”). For clarity, these Terms set out circumstances in which you may use the MDKonsult Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to seek Healthcare Services as defined below (each a “Registered Dependent“).
By accessing and using the MDKonsult Platform you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and MDKonsult. If you do not agree to these Terms at any point, you must immediately cease accessing the MDKonsult Platform.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the MDKonsult Platform after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
On notice to you, MDKonsult may immediately terminate these Terms and/or and/or access to the MDKonsult Platform, or generally cease offering or deny access to the MDKonsult Platform or any portion thereof, at any time, for any reason.
Authorized Physicians, MDKonsult Telemedicine Platform
All physicians providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Physician”) are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada. MDKonsult is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the MDKonsult Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Physicians may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Physicians and Surgeons” of the Province), in the Province or Territory in which the Physician Practices.
Physicians may provide two kinds of services through the MDKonsult Platform: health care services (“Healthcare Services”) and/or general information about diseases and conditions and how they are treated in Canada (“Informational Services”).
Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location. During your telemedicine consultation with an Authorized Physician, you will be asked to provide the Authorized Physician certain Personal Information including Personal Health Information (collectively referred to together as “Information”). When discussing Healthcare Services, information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The type of services that are available to you through the MDKonsult Platform depends on your province of residence and the location you are in at the time you request the services. This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
1) Healthcare Services, Limits on Healthcare Services
Healthcare Services will only be made available to you if you are a temporary or permanent resident of Canada, whether or not physically in the Country at the time that you request the Healthcare Services (“Residency Requirements”). The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship. MDKonsult is not a party to that relationship.
There are restrictions on the Healthcare Services that can be provided through the MDKonsult Platform. YOU MUST NOT USE THE MDKONSULT PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.
In addition to the limitations set out above, Authorized Physicians are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the MDKonsult Platform.
Authorized Physicians have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.
Not a Replacement for Primary Care. Please note that interaction with an Authorized Physician through the MDKonsult Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician. We do not provide your family physician with a report about the Healthcare Services that you receive through the MDKonsult Platform. So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the MDKonsult Platform enables you to send a summary of your Healthcare Services to a physician of your choice.
2) Informational Services, Limits on Informational Services
Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone in radio show), and are not Healthcare Services. The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment. MDKonsult is not a party to your relationship with an Authorized Physician providing Informational Services.
Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold MDKonsult and Authorized Physicians providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by MDKonsult or an Authorized Physician directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.
Authorized Physicians have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.
How it Works
The MDKonsult Platform and Healthcare Services
The MDKonsult Platform enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, for you. The MDKonsult Platform and Healthcare Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Healthcare Services. By using the MDKonsult Platform and Healthcare Services, you represent and warrant that you, or any Registered Dependent, meets the Residency Requirements at the time that the Healthcare Services are provided. You agree that the MDKonsult Platform is made available solely for your personal and non-commercial use.
The MDKonsult Platform also enables you to: store Information (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Physicians; and receive and store prescriptions and sick notes, among other documents, from Authorized Physicians electronically. The MDKonsult Platform offers optional services that MDKonsult will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a physician of your choice; fax securely your prescription to your chosen pharmacy and receive notice when it is ready for pick-up; open an account for you with a prescription delivery service; and, where available, securely transmit your information to the prescription delivery service.
The MDKonsult Platform and Healthcare Services
The MDKonsult Platform enables you to access the online provision of general medical information from Authorized Physicians. You acknowledge and agree that the MDKonsult Platform and Informational Services are made available solely for your personal and non-commercial use.
BY REGISTERING TO USE THE MDKonsult PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
- The MDKonsult Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Physicians for the provision of Healthcare Services and/or Informational Services, that MDKonsult is not a party to the relationship between you and any Authorized Physician providing Healthcare Services and/or Informational Services. Authorized Physicians are independent contractors who are not employed by MDKonsult or otherwise affiliated with MDKonsult.
- AUTHORIZED PHYSICIANS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL 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 Authorized Physician 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 the MDKonsult Platform.
- As with any other health care service, there are risks associated with the use of the Healthcare Services.
- There are risks associated with any inappropriate reliance on Informational Services.
- The MDKonsult Platform may not permit the transmission of information in a way that allows the Authorized Physician to provide Healthcare Services or Informational Services (e.g., poor resolution of images).
- You are responsible for providing the Authorized Physician with the information that he or she advises is required in order to provide you with Healthcare Services or Informational Services.
- The content and material appearing on the MDKonsult Platform could include technical, typographical or photographic errors. MDKonsult does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).
None of the information or materials (collectively, excluding Healthcare Services, (“Content”)) available through the MDKonsult Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.
The MDKonsult Platform, all Contents and rights therein, except PHI, are and shall remain MDKonsult’s property or the property of MDKonsult’s licensors. Neither these Terms nor your use of the MDKonsult Platform convey or grant to you any rights to use or reference in any manner MDKonsult’s brand elements, company name, logo, product and service names, trademarks or services marks or those of MDKonsult’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.
Preliminaries: User Accounts
In order to use the MDKonsult Platform, including obtaining Healthcare Services or Informational Services, you may have to register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your User Account. You may have to create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by MDKonsult in writing, you may only possess one User Account.
While using the MDKonsult Platform, you may not, and represent and promise that you will not:
- Remove or alter any copyright, trademark, brand elements or other proprietary notices.
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the MDKonsult Platform except as expressly permitted by MDKonsult.
- Decompile, reverse engineer or disassemble the MDKonsult Platform except as may be permitted by applicable law.
- Link to, mirror or frame any portion of the MDKonsult Platform.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the MDKonsult Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the MDKonsult Platform.
- Attempt to gain unauthorized access to or impair any aspect of the MDKonsult Platform, or its related systems or networks.
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- Use the MDKonsult Platform in a manner that violates any laws.
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the MDKonsult Platform, including Authorized Physicians. You agree that you will not contact Authorized Physicians in respect of Healthcare Services or Informational Services except through the MDKonsult Platform. For clarity, MDKonsult has no interest in or control over any interaction that you may have with Authorized Physicians outside the MDKonsult Platform and unrelated to Healthcare Services or Informational Services.
As set out above, MDKonsult reserves the right to terminate any User’s access or use of the MDKonsult Platform at any time, for any reason. If your User Account is terminated, MDKonsult will have no further obligation to provide access to the MDKonsult Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Physician in connection with his or her professional obligations to you.
Fees/Physician Payment/Payment Options
Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for those elements of Healthcare Services not covered by the provincial health plan in your Province or Territory of residence. We do not charge for services that are covered by provincial health plans. Where you have questions about fees charged for Healthcare Services, please contact us.
You understand that you will be charged a fee for any Healthcare Services and/or Informational Services you receive from an Authorized Physician, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are two options available for payment: pay-per-visit or membership. These options are described below.
We charge Authorized Physicians a service fee for using the MDKonsult Platform which we deduct from the fees paid for Healthcare Services and Informational Services. MDKonsult facilitates payment of the fees to the Authorized Physician. Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Authorized Physician. All fees for Healthcare Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.
Pay-per-visit option: You may pay the fees for Healthcare Services and Informational Services (“Fees”) at the time you request Healthcare Services and/or Informational Services. MDKonsult requires you to submit credit card information prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services or Informational Services through the MDKonsult Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that MDKonsult, on behalf of Authorized Physicians, may validate your credit card and charge it in the amount of the Fees. MDKonsult will notify you of any applicable Fees and provide you with a receipt for the Fees you pay.
THE MDKonsult PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” MDKonsult DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MDKonsult MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE MDKonsult PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MDKonsult DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE MDKonsult PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES.
Limitation of MDKonsult’ Liability
UNDER NO CIRCUMSTANCE SHALL MDKonsult 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 THE MDKonsult PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS. MDKonsult, 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 THE MDKonsult PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE MDKonsult PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN. MDKonsult SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MDKonsult’S REASONABLE CONTROL. YOU AGREE THAT MDKonsult HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE MDKonsult SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS.
No liability for computers or networks used to access your account
MDKonsult 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 the MDKonsult Platform.
You agree to indemnify and hold MDKonsult (which in this Section includes 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 the MDKonsult Platform, Healthcare Services and/or Informational Services obtained through your use of the MDKonsult Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Physicians, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the MDKonsult Platform, you may use certain services that are not provided by MDKonsult and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by MDKonsult, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not MDKonsult.
Entire Agreement. These Terms constitute the entire agreement and understanding of MDKonsult 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 Alberta and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the MDKonsult Platform, 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 Calgary, Alberta.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with MDKonsult’s prior written consent. MDKonsult 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.