Terms of Use

Last updated: 2018-10-15

This Agreement sets and contains all of the terms and conditions between you (the “User”), a user of Compass Preventive Health Inc.’s services and www.medvoice.ca (together with Compass Preventive Health Inc., “MedVoice”).

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

“Medical Data”

means the User’s medical information, including but not limited to, symptoms, medical history, general health, prescription drug use, family medical history, and all other relevant medical information.

“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 has scheduled with a Medical Professional and in relation to which the User is using the Service.

“MedVoice”

means the www.medvoice.ca website, Compass Preventive Health Inc. and/or any of its subsidiaries or subsidiary websites.

“Platform”

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

“Service”

means the collection and provision of the Medical Data to a Medical Professional by MedVoice, or such other information management as outlined in paragraph 3.2.

“Website”

means the www.medvoice.ca website.
Acceptance of Terms
1. This Agreement comprise an electronic contract that establishes the legally binding terms the User must accept to use the Platform. This Agreement includes MedVoice’s Privacy Policy.
2. By checking the "I Have Read and Accepted the Terms & Conditions of Use and the Privacy Policy" box and creating an account, or by checking this box and logging in, a binding agreement will be executed between the User and MedVoice. As such, MedVoice strongly recommends that the User read this Agreement carefully, and seek independent legal counsel as required.
3. By registering as a user of the Platform and agreeing to the terms and conditions of this Agreement, the User further agrees to the terms of the MedVoice Privacy Policy.
4. 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.
5. By agreeing that the User has read and accepted, the terms and conditions contained herein, and the User Registration Form, the User represents and warrants that:
  1. the User is at least 18 years of age or a legally organized entity authorized to represent the person who is submitting a User registration, and to sign the Registration Form on his or her behalf and bind him or her; and
  2. the information furnished by the User in the Registration Form is accurate, true and complete, and that the User will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
Scope of Service
1. MedVoice is a company that has developed its own software based online platform to allow users to provide their Medical Data in anticipation of a scheduled appointment with a Medical Professional for the purposes of increasing efficiency and diagnostic accuracy.
2. 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 form containing the relevant Medical Data. The User acknowledges and accepts that it will be the User’s sole responsibility to print and provide such Medical Data to the appropriate Medical Professional.
3. MedVoice is not a medical office, physician office, or other medical related business. MedVoice provides a platform in which the User may submit relevant medical information for the purpose of facilitating an upcoming appointment with a Medical Professional.
4. The Service is offered only as an assistive step prior to the performance of Medical Services and is solely for the purpose of assisting in the gathering of information necessary for the performance of such Medical Services. MedVoice does not offer or provide medical advice, diagnostic services, or medical services
5. MedVoice does not endorse or recommend any Medical Professional featured on the Website or otherwise included in relation to the Platform or the performance of the Service. The User understands that it is his or her responsibility to verify the certification and/or licensing of the Medical Professional, with the applicable licensing authority.
6. MedVoice shall have no obligation to provide the User with any support or maintenance in connection with the Platform.
Collection of Medical Data
1. MedVoice will collect numerous forms of Medical Data from the User through the provision of the Service, which may include:
  1. details of the User’s symptoms;
  2. the User’s medical history; and
  3. any other medical or personal information relating to the User.
2. It is important to note that the User is under no obligation to provide such information. However, MedVoice only requests such information for the purposes of facilitating the Medical Services to be performed with regard to the User’s condition, and the level of care that the User receives from the Medical Professional may be contingent on providing accurate and complete information, either through the Platform or upon examination.
3. Under no circumstances will MedVoice share the User’s information with any third party unless expressly required in the performance of the Service, as otherwise required by law or in case of settling a dispute with the User or in a court of law to defend or enforce MedVoice’s legal rights.
4. The User hereby acknowledges and agrees that the Service relies on the User providing accurate and full information, and that any omission or misrepresentation the User makes with regard to the Medical Data could detrimentally affect the diagnosis or treatment received from a Medical Professional.
5. MedVoice may review the User's account profile and Medical Data submitted and amend any typing or spelling errors.
6. MedVoice will not examine the validity or accuracy of the details in the User's personal profile or any of the Medical Data submitted by the User.
7. MedVoice may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User. Without derogating from the above, MedVoice may remove any content violating this Agreement.
Relationship with Medical Professional
1. The User’s relationship with regard to the performance of the Medical Services will be solely with the Medical Professional. MedVoice’s only relationship to such Medical Services is the provision of Medical Data submitted by the User to the Medical Professional, and MedVoice 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. MedVoice 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 MedVoice 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 MedVoice. MedVoice does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by any of the professionals.
User’s Responsibilities
1. The User warrants and declares that while using the Platform, he or she will act according to the all rules as MedVoice may reasonably put in place, and agrees to the following:
  1. the User will be solely and fully liable for all Medical Data submitted under the User’s username and password;
  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 Professional; and
  3. the User will report any violation of this Agreement to feedback@medvoice.ca.
Permitted Use of the Platform
1. MedVoice 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 Medical Data 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.
User Information, Name and Password
1. Concurrently with the creation of an account with the Platform (the “Account”), the User will be asked to provide a username and password. The User will be entirely responsible for maintaining the confidentiality and security of its password, the email address associated with the Account, their username and any other security information related to the Account. The User will be responsible for all activities that occur under the Account.
2. The User further agrees not to use the Account, username or password of another individual at any time. The User will immediately notify MedVoice of any unauthorized use of the Account password, username, e-mail, or any other breach of security. MedVoice encourages the User to change their password at least once a month.
3. MedVoice will not be liable for any loss incurred by the User as a result of any breach of Account security.
4. The User agrees to indemnify MedVoice for any loss incurred by MedVoice as a result of any breach of Account security.
5. MedVoice may, in appropriate circumstances and at its discretion, terminate the Account or access of a user who infringes the intellectual property rights of MedVoice.
Third Party Links
1. MedVoice may provide links on the Website to the websites of third parties. These websites are owned and operated by third parties over whom MedVoice does not have control. MedVoice 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 MedVoice of the Website. Use of any such linked web site is at the User's own risk. Any links to third party websites are provided for the User’s interest and convenience only. MedVoice 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.
Confidentiality
1. MedVoice is committed to protecting the User’s privacy, and will process any information received from the User in accordance with MedVoice’s Privacy Policy. By using the Platform, the User agree to the manner and form in which MedVoice 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, password, 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 MedVoice’s secure servers, and subject to paragraph 4.3, will be safeguarded and will not be shared with any third-parties unless required in the provision of the Services.
3. Medical Data submitted by the User will be deleted from the Platform after 3 weeks.
Disclaimer and Release of Liability
1. The Service is in no way intended to be a substitute for an appointment with a licensed medical professional or for medical advice, diagnosis or treatment. The User is to use their own discretion before using such services. The User should always consult a medical professional with regard to seeking professional advice and counsel.
2. MedVoice expends all reasonable efforts in performing its due diligence with regard to the Medical Professionals invited to use the Platform, and only certified, reputable, and licensed professionals are invited to join the Platform. However, this is in no way meant to constitute a guarantee of the quality of the Medical Services the User may receive from such Medical Professional, and results will vary depending on the User’s medical condition, from which Medical Professional the User receives such Medical Services, and any other factor affecting diagnosis or treatment. As a result, MedVoice 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 Professional from whom he or she receives or contemplates to receive services.
3. The User hereby agrees to release MedVoice from all liability if connection with the Platform becomes unavailable. The User agrees that MedVoice 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 MedVoice 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. MedVoice further makes no representation or warranty that:
  1. the Service will meet the User requirements;
  2. the Medical Professional with whom the User has a scheduled appointment 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 an information gathering tool and is not intended for diagnosis or to provide any other form of medical advice or treatment. Accordingly, the User agrees to release MedVoice 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 MedVoice is not involved in any way in the User’s treatment or diagnosis, and that MedVoice 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 he or she will be solely responsible for any loss or damage to the User in connection with such actions. MedVoice 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. MedVoice 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 MedVoice will not be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond MedVoice’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 MedVoice. 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 MedVoice, and our subsidiaries, parents, affiliates, and each of our 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. MedVoice 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 MedVoice. 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. Subject to paragraph 13.1, no licence is granted to the User or any other party for the use of MedVoice’s intellectual property.
3. MedVoice only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, MedVoice does not purport to use any name, logo or mark in any territory in which it is not so entitled, and does not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this Platform, except as provided in these terms and conditions or in the Platform content, is strictly prohibited.
Hyperlinks
1. Any link (including a hyperlink, button or referral device of any kind) used on the Website is provided for the User’s use and convenience. The appearance of a link on the Website does not constitute an endorsement, recommendation or certification by MedVoice, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with MedVoice. MedVoice does not endorse the content on any third-party websites. MedVoice is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding their content or accuracy. MedVoice does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. The User’s use of third-party websites is at its own risk and subject to the terms and conditions of use for such websites.
Hours of Service
1. The Service is provided on a 24 hour basis, meaning that information may be submitted at any time. However, Medical Data will only be submitted to the Medical Professional during business hours. Administrative and technical support is also available outside of business hours.
Terms and Termination
1. This Agreement will remain in full force and effect while the User uses the Platform and/or continues to have an Account.
2. The User acknowledges and agrees that MedVoice, 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 MedVoice 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 MedVoice may immediately deactivate or delete the User’s Account and bar any further access to the Platform.
4. The User acknowledges and agrees that MedVoice 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. MedVoice will use reasonable efforts to process any payment made by the User in accordance with the terms agreed upon.
2. MedVoice’s billing system, and any system used by parties that facilitate such billing system, is not fault-free or flexible, as such the User agrees to release MedVoice 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 he or she may send his or her complaint to feedback@medvoice.ca, and MedVoice 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, including the collection of the User’s Medical Data for diagnostic and treatment purposes or any other similar service and whether related to this agreement or otherwise, including the validity of this arbitration clause, 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 Website is subject to availability and is not an indication of availability. MedVoice reserves the right to amend, modify, extend or cancel any promotion without advance notice to the public.
2. MedVoice further reserves the right to reject, approve or remove any advertising from the Website at its sole discretion, including advertisements that negatively affect its users or that promote content contrary to MedVoice’s philosophy.
Feedback
1. If the User provides MedVoice with any feedback or suggestions regarding the Platform (“Feedback”), the User hereby assigns to MedVoice all rights in such Feedback and agrees that MedVoice shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
2. MedVoice will treat any Feedback as non-confidential and non-proprietary, and the User agrees not to submit as Feedback any information or ideas that he or she considers 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 his or her 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 MedVoice. 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 legal proceeding arising out this Agreement will occur exclusively in the courts located 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 MedVoice and the User with respect to the subject matter contained herein, and the User has not relied upon any promises or representations by MedVoice 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. No amendment to this Agreement will be effective unless made in writing.
8. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
9. 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, he or she may contact MedVoice at feedback@medvoice.ca.