Last Updated: January 2, 2019
This website (the"Site") is provided by Medchart (being"Us", "Our" or "We"), conditional on your acceptance, without modification, of the terms and conditions of use set forth below (the"General Terms and Conditions"). By visiting or using this Site, including without limitation, to access, use, and/or download messages, information, data, text, software or images, or other materials, including without limitation as found in podcasts, webcasts, audio clips and streams, video clips and streams, newsletters, glossaries, and e-learning modules, and posted Content, from this Site (the"Materials"), or to send messages, information, data, text, software or images, or other materials to the Site ("Content") (collectively,"Use"of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.
Medchart has the right, in its sole discretion, to add, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with Medchart.
Use of Information
The information contained in this website is not intended to provide specific medical or legal advice for any individual or entity and should not be relied upon in that regard.
Accuracy and Changes to Site
MedChart shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. Medchart shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Medchart does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information contained herein.
Medchart may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the"Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of Medchart is objectionable or in violation of the General Terms and Conditions. Medchart reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
You agree to only to Use the Site for lawful purposes, and to only to send Content and receive Materials that are proper to the Services, and Medchart (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-licenseable limited right, to so Use the Site solely for the purpose intended.
You may not, nor may you allow others to, directly or indirectly:
Remove from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way, or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of Medchart.
Print or copy any of the HTML or other computer software that is accessible at this Site.
Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part).
Use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from Medchart; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a Medchart employee or agent or any other user, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information.
Disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation.
Post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents.
Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site, or in respect of the Content and Materials. Medchart will investigate occurrences which may involve violations of such laws, and may involve cooperation with law enforcement authorities in prosecuting users who are involved in such violations. MedChart reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.
Medchart may provide direct access ("Direct Access") to your account(s) by one or more of the following methods:
(a) Electronic communications through this Site;
(b) Speaking over the telephone or pressing its key pad to communicate with Medchart;
(c) Other devices or equipment which Medchart may designate for Direct Access.The MedChart Portal Terms and any other agreement or terms and conditions of Medchart shall apply to all transactions and other activities facilitated by you in connection with your account at Medchart.Electronic IdentificationDirect access to and use of the Medchart website requires an electronic identifier which consists of the use of one or more of the following (together"Electronic Identification"):
(a) Client Number or Username
(b) Personal Identification Number (PIN)
(d) Other security measures as required by MedChart from time to time.
MedChart will provide you with components of the Electronic Identification for Direct Access and where applicable, you may select certain components of the Electronic Identification yourself.You agree that electronic pages, such as MedChart website pages, accessed by Electronic Identification are written documents and by electronically acknowledging via "clicking" any "buttons" stating "OK", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with MedChart for their content.
You agree that the use of the Electronic Identification is the legal equivalent to your written, signed instructions to MedChart.MedChart will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.You will not be responsible for unauthorized use of Electronic Identification occurring after notifying MedChart in accordance with the notice provisions set out below.
Protection of Electronic Identification
You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;avoiding Code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date, address, etc.;avoiding selecting any part of another PIN, password or code; andtake all necessary steps to ensure that any component of the Electronic Identification remains confidential to you - including keying in or speaking at a telephone or electronic device.
Notice to MedChart
You must immediately phone MedChart if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact MedChart by email to email@example.com or by phone at 1-888-399-7789.
MedChart reserves the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of MedChart to contact you in order to confirm such instructions.
Recording Calls and Other Instructions
You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.
Where Written Signatures are Required
Some MedChart products may require your written signature and you will be advised when this is the case. You will be sent the terms and conditions and/or transaction verification which apply to the product or service which requires signature and will have five (5) business days from the date of giving of instructions by Direct Access to advise MedChart if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and/or transaction verification.Subject to the following paragraph, when you receive material requiring a signature you will sign it and return it to MedChart. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.
Available Only Where Permitted by Law
The products and services described in the pages of websites of MedChart and other MedChart entities are only offered in jurisdictions where they may be legally offered for sale.
MedChart (or a third party) owns any software or device MedChart has supplied to you for purposes of facilitating Direct Access, and you use same under a non-exclusive, non-assignable license, solely for the purpose intended. MedChart may demand their return at any time without prior notice and you will comply promptly, without keeping any copies.
MedChart makes reasonable efforts to ensure that the content MedChart provides to the Site is accurate and current. However, MedChart is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.You acknowledge that:MedChart makes no representation or warranty of any kind regarding the Site, the Materials, and the Services, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Service;that you will be solely responsible for any Content you provide the Site or otherwise provide to MedChart, including without limitation for its truthfulness and accuracy; andthat the Site, the Materials, and each Website Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.In particular, please note that the information provided through this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, assessment and evaluation. This includes all Content that is made available on, or otherwise accessible through, the Site. You should consult a qualified physician or other applicable health professional before making any decision or taking any action that might affect your personal well-being as there is no substitute for the consideration of an individual’s circumstances by a qualified professional. You agree that you must evaluate, and bear all risks associated with the use of any information on the Site (including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information) or of the Site generally, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation in the event that you have a dispute with one or more users of the Site. You agree to release MedChart and all MedChart employees, agents, officers, or directors from any claims regarding any Content on or Use of the site.MEDCHART DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, MEDCHART DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
Limitation of Liability
The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The MedChart website may include incomplete information, inaccuracies or typographical errors. MedChart, and any other persons involved in the management of the MedChart website, may make changes in the information and content included in the MedChart website at any time without notice. MedChart shall not be responsible for any detrimental reliance you may place on the MedChart website or its contents. Use of the MedChart website is on an "as is" basis and is strictly and entirely at your own risk.MedChart may cancel or restrict Direct Access or your Electronic Identification without notice to you. MedChart will not be liable for any direct, indirect or consequential loss, damage or inconvenience arising directly or indirectly out of your use of, malfunction, cancellation, restriction or inability to access your account(s) at MedChart by any means.MedChart and other MedChart entities are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this website including but not limited to, damages arising from or related to the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.YOU AGREE THAT IN NO EVENT WILL MEDCHART HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE MATERIALS, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF MEDCHART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
Hyperlinks and Disclaimer to Linked Sites
Certain links on this Site may take you to other web sites. MedChart provides these links only as a convenience. MedChart is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. These linked sites are not necessarily under the control of MedChart. By entering the MedChart website you acknowledge and agree that MedChart has not reviewed all sites linked to the MedChart website and is not responsible for the content of any off-site pages or any other site linked to the MedChart website. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to the terms and conditions and privacy policies of such sites, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.MedChart welcomes links to this Site. However, you agree that by linking to this Site, you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:A link may only be established to the following home page of this Site: https://www.medchart.ca. Links may not be established to any other pages on this Site without the prior written permission of MedChart.If you link to this Site, MedChart grants you a limited, non-exclusive, non-transferable, royalty-free license to use the MedChart trademark and internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of MedChart’s trademarks or service marks for any reason without MedChart’s prior written permission.The linked website shall not:change in any material way the nature and features of such website from that described to MedChart in the written notice provided to MedChart prior to the establishment of the link;create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;and other materials shall not, imply that MedChart is endorsing you or any other person, or your or such other person’s products or services;imply an affiliation between you or any other person, or your or such other person’s products or services, and MedChart without the prior written consent of MedChart;misrepresent the relationship of you or any other person with MedChart or present false, misleading or otherwise damaging information or impressions about MedChart or any of its products or services; andcontain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.For greater certainty, MedChart shall have no responsibility or liability for any content appearing on the linked web site.MedChart may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If MedChart exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks;MedChart may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.
You agree to defend, indemnify and hold harmless each of MedChart and all its employees, agents, officers, directors, and all third parties mentioned at the Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the Site and the Materials or your breach of the General Terms and Conditions.
By entering the MedChart website you acknowledge and agree that the MedChart website will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the MedChart website and all of the communications, transmissions and transactions associated with the MedChart website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the MedChart website. If you use the MedChart website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. MedChart makes no representation that the materials contained within the MedChart website are appropriate for customers outside of the Province of Ontario, Canada.
Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential or personal information, MedChart may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance you agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
The General Terms and Conditions constitute the entire agreement between MedChart and you with respect to the subject matter hereof, and supersede all communications, represe
ntations or agreements, either oral or written, between MedChart or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and MedChart. MedChart’s failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the General Terms and Conditions shall be made except by a revised posting on this page. The General Terms and Conditions shall endure to the benefit of MedChart. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. MedChart may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
Questions on General Terms and Conditions
Any questions regarding the General Terms and Conditions, including in respect of any use or disclosure of the information made available by you, should be directed to:
460 Richmond Street West
Toronto, ON, Canada
Toll free: 1-888-399-7789