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Terms of Use

PRAXES Emergency Specialists Inc.

Last Updated Jun 13, 2018

INTRODUCTION

PRAXES Emergency Specialists Incorporated (“PRAXES”) is a private company incorporated in the Province of Nova Scotia, Canada. PRAXES facilitates access to virtual and in-person healthcare services by enabling you to report your health history and engage healthcare professionals (collectively, the “Professionals” and in the singular, the “Professional”) to obtain medical and healthcare services (“Services”). Access to these healthcare services may be provided under the following brand names: PRAXES, MDAccess or mobileDoctor.

THE SERVICES ARE NOT TO BE USED IN CONNECTION WITH MEDICAL EMERGENCIES, EXCEPT IN THE EVENT THAT THERE IS NO ACCESS TO EMERGENCY MEDICAL SERVICES (EMS) IN YOUR CURRENT LOCATION.

IN CASE OF A MEDICAL EMERGENCY IN A LOCATION WHERE THERE IS ACCESS TO EMERGENCY MEDICAL SERVICES (EMS), CONTACT EMS IMMEDIATELY OR VISIT A HEALTH CARE PROVIDER.

IN CASE OF A MEDICAL EMERGENCY IN A LOCATION WHERE THERE IS NO ACCESS TO EMERGENCY MEDICAL SERVICES (EMS), CONTACT PRAXES BY TELEPHONE IMMEDIATELY.

This agreement sets out the terms and conditions under which the Services are provided. BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND CONDITIONS THAT APPEAR ON OUR WEBSITE AT www.praxes.ca/terms/ AND www.mdaccess.ca/terms/. IF YOU DO NOT WISH TO BE BOUND BY ANY OF THESE TERMS, YOU MUST NOT USE THE WEBSITE OR THE SERVICES. THE FORM OF THIS AGREEMENT MAY CHANGE FROM TIME TO TIME. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE CHANGES MADE FROM TIME TO TIME WILL BE BINDING ON YOU. ANY REVISIONS WILL BE POSTED ON OUR WEBSITES. YOU AGREE TO BE BOUND BY THE MOST CURRENT VERSION OF THE AGREEMENT POSTED ON OUR WEBSITES.

In consideration of your agreeing to be bound by the terms and conditions set out in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), PRAXES agrees to provide the Services to you on the terms and conditions set out herein.

HEALTHCARE PROFESSIONALS

Each of the Professionals who delivers medical and healthcare Services is an independent professional who is solely responsible for the Services each provides to you. PRAXES does not practice medicine; rather, it merely facilitates your access to Professionals who are able to provide healthcare and medical advice and prescriptions. PRAXES does not interfere with the practice of medicine by the Professionals, each of whom is responsible for the medical and healthcare advice he or she provides to you and for compliance with the requirements applicable to his or her profession and license.

The Professional with whom you speak is licensed to practice in at least one province or territory in Canada, but not necessarily where you are located when you request the Services. The medical and healthcare advice which PRAXES facilitates is deemed to be delivered in the Canadian jurisdiction in which the Professional(s) is licensed to provide medical services. NEITHER PRAXES NOR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY ADVICE YOU OBTAIN FROM A PROFESSIONAL.

PRAXES has a robust system for recruiting and hiring healthcare professionals who have the optimal skills, experience and knowledge to provide in-person and telemedicine services. PRAXES has a robust quality review program that provides regular feedback to the Professionals. However, the Professional with whom you speak is responsible for the medical advice that s/he provides.

LIMITATIONS OF TELEHEALTH SERVICES

The advice you receive from the Professionals is not intended to replace a primary care physician relationship. While you may expect the benefits from the use of the Services, no results can be guaranteed or assured. Among the possible benefits of our Services are convenience and improved access to healthcare professionals; however, as with any health service, there are potential risks associated with the use of telehealth. These risks may include but are not be limited to the following:

In rare cases, the information provided to the Professional may be insufficient to allow appropriate health care decision making by the Professional.

A lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other similar errors in judgment.

Delays in evaluation or treatment may occur due to failures of the electronic equipment.

CONSENT

By accessing the Services, you are consenting to medical treatment by the Professionals.

A person under the age of consent in the jurisdiction in which he or she is resident, or a person who lacks the necessary capacity to give valid consent to his or her medical treatment (each a “Dependent”) is NOT permitted to use the Services. In order for a Dependent to use the Services, the Dependent’s parent or lawful guardian must register for an Account on behalf of the Dependent or access the Services on behalf of the Dependent. If you register for an Account on behalf of a Dependent, you are responsible for ensuring that both you and the Dependent comply with these Terms of Use.

Each Professional reserves the right to assess whether a person has the capacity to provide consent to his or her medical treatment on a case-by-case basis. If the Professional determines that a person is a Dependent, the Dependent’s parent or lawful guardian must complete the steps described immediately above prior to the Dependent receiving healthcare services.

Each Dependent must be supervised by his or her parent or lawful guardian at all times when using the services, including during the entire duration of a medical consultation.

YOUR RESPONSIBILITIES

You represent, warrant and covenant that you will comply with all municipal, provincial and federal laws, and that you have attained the age which is required in order to give consent to medical treatment in the jurisdiction in which you are located.

You will not violate the rights of any third party, including without limitation, rights of privacy.

You will not upload viruses or engage in other activities that might cause damage to the site(s) maintained by PRAXES or otherwise disrupt PRAXES’s operations by disrupting PRAXES’s site, servers or otherwise.

You will not engage in or promote participation in any illegal activity.

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

In the course of accessing the Services, you may have access to certain information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Services (collectively the “Contents”).

The content is the exclusive property of PRAXES, and its successors, assignees, licensors. Unless you have agreed otherwise in writing with us, nothing in these Terms of Use gives you a right to use any of the Contents. You may not license, assign or transfer any of the Contents nor may you grant a license to use or access the Services to any party.

You must not alter, delete, or conceal any copyright or other notices contained on the Services, or Contents.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable International, Federal, Provincial, State and local laws.

You may not create a link to the Services or any of the Contents without our prior written permission.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

USER ID AND PASSWORD

If applicable for the type of Services you are accessing, you may receive a User ID and password. This will allow you to access, input and/or update data into your Personal Health Record (“PHR”) in the PRAXES secure electronic medical software system. You must not share your User ID or your password with anyone, nor allow anyone else to access the system using your User ID or your password.

You are accountable for all actions resulting from the use of your User ID and password.

You will not attempt to access information by using a User ID other than your own or that of a direct family member who has given you permission to access his or her information.

If you have reason to believe that the confidentiality of your User ID or your password has been broken, you will notify PRAXES at email hidden; JavaScript is required immediately and change your password.

SHARING

You may share your personal health record (“PHR”) with your family members or other people. You are responsible for giving and removing permissions for others to share your record, and for all accesses, changes or deletions that these users may make to your personal health record. You may remove the sharing permission at any time.

COMMUNICATIONS

PRAXES may send you certain communications in connection with your use of the Services. For example, PRAXES may send you reminders of your consultations, administrative notices and other information about your use of the Services. PRAXES may also telephone you to follow up after a medical consultation.

PRAXES prefers to send you information containing your personal health information through secure electronic communications or within your PHR.  However, under certain circumstances, PRAXES may be required to send you communications containing your personal health information by email and in these cases we cannot guarantee the security or confidentiality of such communications.

INDEMNITY

You shall be solely responsible for the inputs, selection and use of the Services and all items, statements and other content transmitted, posted, received or created through your account, even if transmitted, posted, received or created by someone else. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PRAXES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND AFFILIATES, HARMLESS FROM ANY LOSS, DAMAGE OR LIABILITY WHICH MAY RESULT THEREFROM OR FROM BREACH OF THIS AGREEMENT BY YOU.

ACCURACY OF INFORMATION

The advice by the professional may depend on certain information supplied by you and/or by a third party service provider. While PRAXES tries to ensure this information is current and accurate, IT OFFERS NO WARRANTY THAT THE INFORMATION IS ERROR FREE. YOU AGREE THAT PRAXES WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY ERRORS OR INACCURACIES IN THE SOFTWARE, THE DATABASES USED IN CONNECTION WITH IT OR INFORMATION SUPPLIED BY YOU OR ANY THIRD PARTY SERVICE PROVIDERS.

ALLOCATION OF RISK

YOU AGREE THAT THE ABOVE WARRANTIES AND LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK AMONG THE PARTIES.

TERMINATION AND CANCELLATION

PRAXES may terminate your use of the Services and/or access to the contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability.

If you want to terminate your account with us, you may do so by sending written notice via email to email hidden; JavaScript is required.

Upon receipt of written notice that you wish to close your account, your account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Services.

Subject to any applicable laws and the ethical and professional obligations of the Professional(s) providing healthcare or medical advice to you, PRAXES will have no further obligation of any kind whatsoever to you or any other party. PRAXES reserves the right to preserve, retain or delete your information, including personal information, in accordance with the PRAXES Privacy Policy (available online at www.praxes.ca/privacy/) and any applicable laws.

You acknowledge and agree that if PRAXES closes your account, you may be prevented from accessing the Services and your account details or any files which are contained in your account. For information on how to access your health records, please contact PRAXES via email at email hidden; JavaScript is required.

DATA SECURITY AND RETENTION

PRAXES will retain your information in accordance with our Privacy Policy. Please view our Privacy Policy online at www.praxes.ca/privacy/ for information about our data retention requirements.

GENERAL

This Agreement constitutes the entire agreement between you and PRAXES with respect to the provision of the Services. Any controversy in relation to this Agreement or the provision of the Services shall be governed by and interpreted in accordance with the laws of the province of Nova Scotia, Canada without regard to conflict of laws principles. The Parties attorn to the courts of the Province of Nova Scotia and agree that all disputes shall be heard in and decided by those Courts.

No waiver or modification of any of these terms shall be valid unless made in writing and signed by PRAXES. Should any provision of these terms be found by a court of competent jurisdiction to be illegal, void or otherwise unenforceable, such provision shall be severed from the rest of this Agreement and the rest of this Agreement shall remain in full force and effect, and be binding upon you and PRAXES as though the said provision or provisions had never been included.

Should you have any questions concerning this Terms of Use you may contact PRAXES in person, or by mail, phone or email at:

PRAXES Emergency Specialists Incorporated

6030 Almon St, Halifax, NS B3K 1T8 Canada

Phone: (902) 420-9725

Email: email hidden; JavaScript is required

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