Last Updated: January 1, 2025
It is important that you (“Client”) read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement") is a legal agreement between you and MedChart Inc. (“MedChart”, “Us”,“Our” or “We”), which is the owner and operator of the MedChart B2B Portal and the marketplace for third-party application vendors (“App Marketplace”). It states the terms and conditions under which you may access and use the App Marketplace and all portals and all written and other materials displayed or made available through the App Marketplace, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and links to third party sites (“Content”).
By accessing and using the App Marketplace, you are indicating your acceptance to be bound by the terms and conditions of the Agreement. You understand that these terms apply in addition to, and do not replace, the General Terms and Conditions of the MedChart website, which can be found at https://www.medchart.ca/terms, and the B2B Portal Terms of Use, which can be found at https://www.medchart.ca/b2b-tou. Where the terms of this Agreement, the General Terms and Conditions, and the B2B Portal Terms of Use are in conflict, these terms shall have precedence only when governing the use of the App Marketplace.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE APP MARKETPLACE.
MedChart may revise this Agreement at any time without notice. Please check the App Marketplace Terms of Use frequently for updates by checking the date of "Last Update" at the top of this document. Use of the App Marketplace after such changes are posted will signify your acceptance of these revised terms.
Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the App Marketplace. Information obtained on the App Marketplace is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Any tools, calculators or quizzes provided on the App Marketplace are provided for general informational and illustrative purposes only, and are not intended to be a substitute for, medical advice. You should not act or abstain from acting based on any information provided by any such tool.
Do not use the App Marketplace to communicate or treat medical emergencies. If there is a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should App Marketplace users attempt self-treatment based on anything you seen or read on the App Marketplace.
The App Marketplace does not create physician-patient relationships. The presentation of information on the App Marketplace does not establish a physician-patient relationship between users and MedChart.
The App Marketplace contains third party content and links. The App Marketplace does not endorse nor have any responsibility for content or providers of third party links. Neither MedChart nor its employees, agents, officers or directors have any responsibility or liability for, or (unless clearly stated on the App Marketplace) recommend or endorse, any information or brand of products or portals that may be available on the App Marketplace through such content or links. In addition, MedChart prohibits any link to the App Marketplace at any time made without the consent of MedChart and may remove a link without notice. Upon the request of MedChart you agree to remove any link to the App Marketplace you may have acquired or stored.
We will consider any electronic communication received from you or in your name to be duly authorized by you. A copy of any electronic communication will be admissible in any legal, administrative or other proceedings in the same manner as an original document in writing. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.
MedChart will send you notifications, alerts and other communications by email (at the email address provided on your B2B Account) and/or through the B2B Portal and/or App Marketplace, including:
You agree that receipt of these notifications, alerts and other communications by email as determined by MedChart is a mandatory and integral part of your Account.
The security of e-mail messages is not guaranteed. Messages sent to, or from, MedChart may be seen by others using the Internet. E-mail is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use e-mail to discuss information you think is sensitive. If you decide to use e-mail, please inform MedChart if there are certain types of information that you do not want to discuss by e-mail. Do not use e-mail in an emergency because e-mail can be delayed.
At the time of registration on the App Marketplace, by accepting this Agreement you provide MedChart with your express consent to collect, use and dispose of Client personal information and personal health information that you provide to MedChart in accordance with Our Privacy Policy found at https://www.medchart.ca/privacy, for the purpose of providing you, and any person you authorize, with consolidated online access to personal health information on the App Marketplace.
Your B2B Account and B2B User(s) may use the App Marketplace for the purposes listed in the App Marketplace Information and Features section. In the event that you or your B2B Users save, print, fax, or transmit copies of your clients’ Personal Information or Personal Health Information from the App Marketplace (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information and must only access, use, or transmit this Downloaded Information according to Client consent. MedChart will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any Client personal information and personal health information placed on the App Marketplace or otherwise provided to MedChart, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered confidential information (“De-Identified Information”). You agree that in the event you delete your Personal Information and Personal Health Information from the App Marketplace, MedChart may maintain a copy in the form of De-Identified Information. MedChart is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to MedChart to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
The App Marketplace allows Clients to retrieve, store, transfer, and analyze Client information using certain third-party app vendors ("App Vendors"). These App Vendors are allowed to list and advertise their services on the App Marketplace and Clients are wholly responsible for performing their own due diligence to determine the suitability of each App Vendor's service for the Client. Client should follow the user instructions provided by the App Vendor on the App Marketplace, if any, and contact the App Vendor directly for customer and/or technical support. Medchart does not guarantee the quality or reliability of App Vendors on the App Marketplace and is not liable for damages or losses resulting from Client's use of App Vendors' services.
Unless granted in a specific license between you and MedChart, provision by MedChart of the App Marketplace and any of its specific functions is entirely voluntary. MedChart reserves the right at any time, and from time to time, to modify or terminate, temporarily or permanently, the App Marketplace, its Content or any part or function thereof, with or without notice to you. MedChart shall have no liability to you or any third party for any such modifications, suspensions or discontinuance of the App Marketplace or any part thereof. In the event of any termination, you are no longer authorized to access the App Marketplace, its Content or any part or function thereof, affected by such termination. The restrictions imposed on you with respect to material downloaded from the App Marketplace and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any discontinuance or termination of the App Marketplace or this Agreement.
Further, the App Marketplace, the Content, and Postings (as defined below) are provided "AS IS". MedChart makes no representation, warranties or covenants, express or implied, regarding the App Marketplace, Content, and Postings, including, without limitation, no representation, warranty or covenant that (i) the functions of or the content made available through the App Marketplace will be uninterrupted or virus-free or error-free, or that the content will be accurate, authentic, complete, current, reliable, or timely; or (ii) that communications to or from the App Marketplace will be secure and/or not intercepted; note that any information sent or received over the internet is generally not secure. The App Marketplace may transmit personal health information over the public internet. Information transmitted over the internet may be subject to inadvertent loss or theft. While MedChart will undertake all reasonable protection measures MedChart cannot guarantee the security of any information transmitted to or from the App Marketplace. By using the App Marketplace, you agree that your access and use of the App Marketplace and the Content is entirely at your own risk and liability.
All fees payable to MedChart for services are in Canadian dollars and considered final payments. Where MedChart invoices you for services rendered, payment terms are stated in your specific contract with MedChart or on the invoice. No refunds will be given on fees paid except at the sole discretion of MedChart.
In no event shall MedChart and its employees, agents, officers, directors, licensors, and their respective successors and assigns be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, and including without limitation any loss or damages in the nature of or relating to medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse, provision or reliance upon the App Marketplace, the Content, the Postings or your inability to use the App Marketplace, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if MedChart knew of or ought to have known of the possibility of such damages.
Your participation in the App Marketplace is entirely voluntary and provided only as a convenience for each client. As a result, you agree to indemnify, defend and hold harmless Medchart, or any one of its employees, agents, officers, directors, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, or (ii) your access to, use, misuse, provision, reliance upon or inability to access or use the App Marketplace, the Content, or the Postings.
The Content is protected by copyright law and is owned by MedChart, respective third party vendors on the App Marketplace, or the party accredited as the provider of the Content. Except as granted in the limited licenses herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the App Marketplace or of its Content, whether in whole or in part, is prohibited without the express prior written consent of MedChart. Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the App Marketplace and the Content. You are granted the right to download, store and/or print single copies of items comprising the Content (including, where made available on the App Marketplace, downloads of software), provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online other than within this App Marketplace. You must also abide by any additional requirements governing the use of any special Content that may be set out in the App Marketplace. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
Where use of this App Marketplace is unauthorized in any jurisdiction and where the App Marketplace or any of the Content may violate any laws or regulations, you agree not to access or use the App Marketplace in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
The App Marketplace is operated by MedChart from its offices within the Province of Ontario, Canada. You agree that all matters relating to this Agreement, or your access or use of the App Marketplace and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the App Marketplace and the Content as well as any dispute that may arise therefrom.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement.
This is the entire agreement between you and MedChart relating to your access and use of the App Marketplace.
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:
MedChart Inc.
460 Richmond St W. Suite 503
Toronto, ON
M5V 1Y1
E-mail: contact@medchart.ca
Phone: 1-888-399-7789
Fax: 1-888-720-2212