PRAXES Emergency Specialists Inc.
Last Updated: November 30, 2020
PRAXES Emergency Specialists Incorporated (“PRAXES”, "we", "us" or "our") facilitates access to healthcare services via telemedicine, where telemedicine is defined as the remote diagnosis and treatment of patients by means of telecommunications technologies.
PRAXES enables you to report your health history and engage healthcare professionals (the "Professionals", or in the singular, the “Professional”) to obtain medical and healthcare advice services. We refer to the facilitation of access to these services as the "Services". The Services are made available via a variety of platforms, including telephone, email, websites, and mobile phone applications (“App”).
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/. 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. IF YOU DO NOT WISH TO BE BOUND BY ANY OF THESE TERMS, YOU MUST NOT USE THE SERVICES.
THE SERVICES ARE NOT TO BE USED IN CONNECTION WITH LIFE OR LIMB THREATENING 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.
2 Healthcare Professionals
During your use of the Services, you may discuss your medical history, your symptoms, and any treatment that may be required. The Healthcare Professional may use the communication and interactive features of the Services (including but not limited to voice, email, secure messaging, video) to examine and assess your condition and communicate their findings, and may prescribe medication to you or refer you to another healthcare provider for examination, treatment or follow-up care.
Each Professional who delivers medical and healthcare advice services is an independent professional who is solely responsible for the medical and healthcare advice services he or she provides to you.
PRAXES does not practice medicine, provide medical advice or prescriptions, nor does not interfere with the practice of medicine by the Professionals, each of whom is responsible for the medical and healthcare advice services he or she provides to you, and for compliance with the requirements applicable to his or her profession and license.
The Professional or Professionals with whom you speak will be licensed to practice in at least one province or territory in Canada, but not necessarily where you are located when you receive the Services. The medical and healthcare advice services which we facilitate are 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 ACCESS TO THE SERVICES SHALL BE LIABLE FOR ANY ADVICE OR SERVICES YOU OBTAIN FROM A HEALTHCARE PROFESSIONAL.
By accessing the Services you are consenting to medical treatment by the Healthcare Professionals. If you are accessing the Service on behalf of someone else, you must obtain their consent to access the Services. No consent is required if you are obtaining medical advice on behalf of another person who is unable to provide consent due to a medical emergency.
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.
4 COVID-19 Testing Services
Effective June 1, 2020 PRAXES began offering COVID-19 nasopharyngeal swab collection for testing at the Nova Scotia Health Authority's Pathology and Laboratory Medicine Laboratory, using the polymerase chain reaction or PCR testing procedures.
COVID-19 PCR testing is required by some employers and governments for travel and/or work purposes.
5 Limitations of Services via Telemedicine
Telemedicine is convenient and promotes access to healthcare, however 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 using our Services are convenience and improved access to healthcare professionals; however, as with any health service, there are certain limitations and potential risks associated with the use of telemedicine.
These risks may include but are not be limited to the following:
- Delays in evaluation or treatment may occur due to failures of the electronic equipment or other third party technologies such as cellular or satellite telephones and networks, internet services, software services.
- Not all health conditions can be diagnosed through telemedicine;
- The information provided to the Professional may be insufficient to allow appropriate health care decision making by the Professional. For example, 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.
- Although PRAXES protects your personal information and personal health information through integrated physical, technological and administrative safeguards, there is no guarantee against data breaches, which may result in the unauthorized collection, use and/or disclosure of your personal health information.
6 Your Responsibilities
Your use of the Services is subject to all applicable local, provincial, state and federal laws and regulations. You represent, warrant and covenant 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 when you request the Services.
In addition, you agree that you will not:
- reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Services or any of our products and services for any purpose.
- violate the rights of any third party including without limitation rights of privacy;
- upload viruses, malware or other malicious software 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;
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
- promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another's privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected
- upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
- make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
- engage in any activity that interferes with or disrupts the use of the Services, including bypassing any measures we may use to prevent unauthorized access to the Services;
- engage in any activity that attempts to extract any proprietary software used to maintain the Services; or
- track, trace or harvest any information on any Account or any other person who visits the Services.
If applicable for the type of Services you are accessing, you may receive information (example: a Username and Password) to access an account (“Account”) in the PRAXES’ Electronic Medical Record (“EMR”) system. This will allow you to access, input and/or update data into your Personal Health Record (“PHR”).
You are accountable for all actions resulting from the use of your account. You must not share your account information (username, email address or password) with anyone, nor allow anyone else to access the system using your account information. You will not attempt to access information by using an account 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 account has been broken, you will notify PRAXES at email@example.com IMMEDIATELY. We also recommend that you reset your password immediately by going to the PRAXES login page (secure.praxes.ca) and click “Forgot Password?”, then go through the process to reset your account password.
7.1 Account Confidentiality
You are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
7.2 Dependent's Account
A Healthcare 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 Healthcare Professional determines that a person is a Dependent, the Dependent's parent or lawful guardian must complete the steps described immediately above in this section 6.2 prior to the Dependent receiving Healthcare Services.
All Dependents must be supervised by their parent or lawful guardian at all times when using the Services, including during the entire duration of a medical consultation.
7.3 Location or Client Administrator Accounts
If you are part of a crew in a remote facility or marine environment, there may be an individual designated as a “Location Admin”, who is responsible for managing all personnel information at a particular site. For clients with multiple sites, there may also be a “Client Admin” designated to manage site and personnel information for multiple worksites. Location and Client Admins may be able to view and edit your personal health information (“PHI”). Any information you provide to the Client or Location Admin, such as conditions, allergies, medications, immunizations, or personal information will be accessible and maintained for the purposes of accessing and using the PRAXES Services. Clients are advised to include only the most relevant health information to enable the Healthcare Professionals to provide effective and efficient medical services. To understand who the Client or Location Admin is for your account, you can email PRAXES at firstname.lastname@example.org.
If you are a Client or Location Admin, you are responsible to keep all medical information secure and confidential, and only access the PHI of personnel when needed to provide them with medical care. We strongly encourage you NOT to download any reports or data that contain PHI to a local computer that is not secure. If the “Client Admin” is a Health Professional, then s/he will have access to all crew information, including PHI and detailed medical consultation records. If the “Client Admin” is a non-medical professional, s/he will only have access to basic demographic information of crew members and NOT have access to any medical information or PHI.
8 Privacy and Personal Health Information
By accessing or using the Services, you understand that we will collect and use certain information about you, including your personal information and personal health information. When you use the Services, we will collect and store personal health information, such as symptoms, medical history, consultation history, diagnosis and treatment information.
All telephone consultations are voice recorded, for quality review purposes. Data obtained from your use of the Services will be anonymized and de-identified before being analyzed and used by PRAXES for product development and research purposes.
All information collected is encrypted and stored securely in accordance with Canadian laws and guidelines regarding personal health information storage and telemedicine.
We may send you certain communications in connection with your use of the Services. For example, we may send you reminders of your consultations, administrative notices and other information about your use of the Services, as well as the findings of any tests we conduct or enquiries we make. We may also telephone you to follow up after a medical consultation.
We prefer to send you communications containing your personal health information through our secure Services or from our secure Electronic Medical Records software. However, under certain circumstances, we 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.
10 Use of the Services through Mobile Devices
You may access and use the Services through a mobile device, including through one or more App’s provided by PRAXES. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Services through a mobile device. You are solely responsible for the security of information stored, accessed or transmitted on or through any mobile devices.
Use of the PRAXES services by telephone or internet may not be available through all devices or software services. For example, telephone connections through internet protocol (“IP”) phone services such as Skype, WhatsApp or Google may not always be completed.
11 Geographic Limitations
You acknowledge and agree that the Services are deemed at all times to be provided in the Canadian jurisdiction in which the Healthcare Professional is licensed. The Services may not be available when you are outside of Canada. The Services also may not be available in all locations within Canada.
You are responsible for paying any fees or charges ("Charges") for a Consultation, unless a third-party has arranged with us to pay the Charges on your behalf. If you are paying the Charges for a Consultation, you must provide us with a valid form of payment, such as a valid credit card or debit card. The Charges will be made through a third-party payment provider or financial institution. PRAXES is not responsible for any service delivery problems, exchange rate fluctuations or any processing fees charged by your payment provider or financial institution.
13 Ownership of Intellectual Property Rights
The contents of the Services include, without limitation, all 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 (collectively the "Contents") and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term "Services" includes all of the Contents.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Services without our prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Services provided that such link is to the entry page of the Services and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.
14 Termination and Cancellation
We 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 closing your Account, where we have made this option available to you. 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.
15 Accuracy of Information
The advice provided by the Health Professionals may depend on certain information supplied by you and/or by a third party. 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 THIRD PARTY SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION THE HEALTHCARE PROFESSIONALS WITH WHOM YOU SPEAK.
16 Allocation of Risk
YOU AGREE THAT THE ABOVE WARRANTIES AND LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK AMONG THE PARTIES.
17 Warranty Disclaimer
SOME PROVINCES AND TERRITORIES OF CANADA (“JURISDICTIONS”) DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC, CANADA). IN THESE JURISDICTIONS, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER JURISDICTIONS, OR OTHER COUNTRIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SERVICES IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICES, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SERVICES AT ANY TIME.
18 Limitations of Liability
Notwithstanding anything to the contrary contained in this Agreement, THE ENTIRE LIABILITY OF PRAXES, ITS REPRESENTATIVES, SUBCONTRACTORS AND AFFILIATES FOR DAMAGES RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS ARISING UNDER THIS AGREEMENT, (WHETHER DIRECT OR INDIRECT, AND REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS), WILL BE LIMITED IN THE AGGREGATE TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY THE CLIENT HEREUNDER FOR THE SERVICES IN THE PREVIOUS 12 MONTHS; NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL PRAXES, ITS REPRESENTATIVES, SUBCONTRACTORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS), EVEN IF PRAXES HAD BEEN INFORMED OF THEIR POSSIBILITY. IN NO EVENT WILL PRAXES ITS REPRESENTATIVES, SUBCONTRACTORS OR AFFILIATES HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS) FOR ANY THIRD-PARTY CLAIMS AGAINST THE CLIENT FOR ANY LOSSES RELATING TO THE SERVICES.
You acknowledge that the provision of Services by PRAXES is contingent upon telephone, satellite, cellular telephone, internet and other communication links (collectively, the “Communication Links”), provided in whole or in part by third parties. PRAXES shall have no liability whatsoever for any claims of any nature, including without limitation for death, bodily injury or property damage caused by any use, misuse, interruption, limitation or failure of the Communications Links.
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.
This Section and Sections headed, PROVISION OF SERVICES, INDEMNIFICATION, LIMITATION OF LIABILITY, ACCURACY OF INFORMATION and ALLOCATION OF RISK shall survive the termination of these Terms and Conditions for any reason.
Should you have any questions concerning these Terms and Conditions you may contact PRAXES by writing to:
PRAXES Emergency Specialists Incorporated
5539 Young St, Suite B, Halifax, NS, Canada B3K 1Z7