Booking and Purchase Terms

Last Revised: January 30, 2023

These Booking and Purchase Terms (“Terms”) govern when you book and/or purchase the services (“Services”) offered or made available by Medcan Health Management Inc. (“Medcan”, “we”, “our”, or “us”), whether online, in person or by telephone.

PLEASE READ THESE TERMS CAREFULLY BEFORE BOOKING AND/OR PURCHASING THE SERVICES. The Services are provided to you subject to your compliance with these Terms.  By booking and/or purchasing the Services, you agree to be bound by these Terms and the Terms of Use, which govern your access and use of Services, including myMedcan and the Medcan websites. The provision of health services by health professionals made available by Medcan is governed by a separate agreement with you, which shall take precedence in the event of a conflict.

If you do not agree to be bound by these Terms, do not book or purchase any Services.

CHANGES TO TERMS OR SERVICES

SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms and the Services are subject to change or amendment by Medcan from time to time in its sole and absolute discretion. Amended Terms will be available on myMedcan or the Medcan websites (as applicable) and will be effective on the effective date indicated therein, so check back often. Historical versions are available upon request. These Terms will be deemed accepted and applied when a Service is booked and/or purchased.  Future bookings or purchases or continued use of the Services will constitute acceptance of the amended Terms. If you disagree with these Terms, or any amendments to these Terms, your sole recourse will be to refrain from further bookings and purchases and, where applicable, to cease use of the Services.

ELIGIBILITY

If you are under the age of majority in your jurisdiction of residence, a parent or legal guardian needs to agree to these Terms and purchase the Services on your behalf.

TERMS OF PURCHASE

We provide you with access to certain Services that are not covered by the Ontario Health Insurance Plan (“OHIP’). When you purchase a Service, the following terms apply:

• Payment: Payment for the Services is accepted by major credit card or debit card. If you pay by credit/debit card, you agree that we may charge the Services and other charges payable to Medcan, including applicable taxes, to your credit/debit card. Medcan is not responsible for any charges incurred as a result of overdrawing your bank account or exceeding your credit limit. Once payment has been made, an invoice receipt summarizing the order will be made available for you.
• Availability of Services: Subject to their availability, Services offered will be valid as long as they are accessible. If a Service becomes unavailable after making a purchase (but before provision of the Services has commenced), and if your credit/debit card has been charged, a reverse authorization will be placed on your credit/debit card. If your credit/debit card is charged, the full amount charged will be reimbursed to the credit/debit card you used as payment. Please allow up to three (3) to six (6) business days for this transaction to post to your credit/debit card and one (1) to two (2) billing cycles for it to be reflected on your statement. In the event that a Service becomes unavailable after performance has commenced, a reverse authorization for a pro-rata amount will be placed on your credit/debit card.
• Prices: The prices for Services are quoted in Canadian dollars. The prices displayed do not include applicable taxes. Prices quoted or listed on myMedcan or the Medcan websites are for informational purposes only and may be changed by Medcan at its own discretion without notice.
• Errors: While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information for Services. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your purchase. Medcan reserves the right to (i) revoke any stated price, (ii) correct any errors, inaccuracies or omissions (including after a purchase has been made) and (iii) cancel, terminate or not to process orders (including accepted orders) where the price or other material information is inaccurate.

NOT FOR EMERGENCIES

DO NOT BOOK, PURCHASE OR USE THE SERVICES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY AND REQUIRE IMMEDIATE MEDICAL ATTENTION. IN SUCH CIRCUMSTANCE, PLEASE CALL 911 OR VISIT YOUR CLOSEST EMERGENCY ROOM. SUCH EMERGENCY CARE MAY INCLUDE CHEST PAINS, SERIOUS INJURY, SEVERE HEADACHES OR HEAD INJURY, SHORTNESS OF BREATH OR TROUBLE BREATHING, FAINTING OR DIZZINESS OR A SUDDEN ONSET OF NUMBNESS OR WEAKNESS, CONFUSION OR CHANGES IN MENTAL STATUS, COMPLICATIONS DURING PREGNANCY OR ARE CURRENTLY IN LABOUR, SUDDEN INABILITY TO SPEAK CLEARLY, SEE, WALK OR MOVE, UNCONTROLLABLE BLEEDING, LOSS OF CONSCIOUSNESS AND A SEVERE ALLERGIC REACTION.

BOOKING APPOINTMENTS

When you find a Service that you feel suits your needs and your schedule, you request an appointment (each, an “Appointment Request”). If Medcan confirms your Appointment Request, you will receive an email notification that your Appointment Request has been accepted and the appointment will be scheduled (each, an “Appointment”).

Medcan may not always be able to accept your Appointment Request(s) for a variety of reasons, nor is it obligated to accept them. Medcan makes no guarantees that your Appointment Request will result in an Appointment. If Medcan accepts your Appointment Request, there may be a variety of unforeseen circumstances that arise and result in the cancellation of your Appointment. You acknowledge that your Appointment may be cancelled by Medcan at any time before the Appointment occurs.

CANCELLATION

With the exception of certain Services, you are entitled to cancel your Appointment, without cause, at any time within ten (10) calendar days of confirmation of your Appointment booking.

Subject to the above, if you decide to cancel and/or reschedule your Appointment for any reason, you will be charged a cancellation fee and/or reschedule fee if you do not cancel and/or reschedule at least prior to the time period specified in the specific terms for the purchased Service. These specific Service terms will be made known to you prior to booking your Medcan Appointment and will also be in your Appointment confirmation email.

APPOINTMENT COMMUNICATION

To confirm your booking or purchase, Medcan may send an email or text message based on your communications preferences. You can adjust your communications preferences via the Medcan portal, if you have an active account, or via the “Contact” section below.

• Email

You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email or by adjusting your preferences through your account profile in the portal. Alternatively, you can opt out of receiving email marketing communications by contacting us using the contact information provided in the “Contact Us” section below. Please note that you may continue to receive transactional, informational or account-related communications from us even if you unsubscribe from marketing communications.

• Text Messages

You can cancel this service at any time by texting “STOP” to MEDCAN (633226). After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you have a question or need more information, text “HELP” to MEDCAN (633226) to receive additional contact information. You can resubscribe at any time by texting “JOIN” to MEDCAN (633226). Standard text message rates may apply. Contact your wireless provider for details.

CREDIT CARD PRE-AUTHORIZATION FOR ANNUAL HEALTH ASSESSMENT

In order to ensure the availability of payment and enhance the efficiency of your visit, when paying by credit card you consent to your credit card being pre-authorized for the amount of your Annual Health Assessment when you check into the clinic at the time of your appointment.

This means there will be a temporary “hold” on your credit card equal to the cost of your Annual Health Assessment until you check out. Upon check out, your credit card will be charged for the full amount of your visit including any add-ons or additional products and services purchased. The hold is released once your credit card is charged when you complete your appointment.

By proceeding to book your appointment, you consent to the pre-authorization described above.

PRIVACY AND SECURITY

Medcan respects your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Medcan strives to keep your personal information as secure as possible, and will use administrative, technical and physical protection measures designed to prevent the loss, alteration and unauthorized access to or processing of your data. The security measures we use are in accordance with industry standards, however, you should be aware that no security measure is guaranteed to be 100% secure. You can help to protect your own data by taking measures such as strong password practices, never reusing passwords across websites, avoiding clicking on malicious emails or links and ensuring that you have up-to-date antivirus software.

DISCLAIMER/ LIMITATION OF LIABILITY

SOME JURISDICTIONS, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, MAY NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS BELOW MAY NOT APPLY TO YOU.

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.  MEDCAN SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN NO EVENT WILL MEDCAN BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT MEDCAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE BOOKING, PURCHASE, USE OF OR ACCESS TO, OR THE INABILITY TO BOOK, PURCHASE, MAKE USE OF OR ACCESS, ANY SERVICES.

THE LIABILITY OF MEDCAN TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU (OR ON YOUR BEHALF) TO MEDCAN FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION OR INACTION GIVING RISE TO LIABILITY.

INDEMNITY

You agree to indemnify and hold harmless Medcan, its affiliates, members, officers, directors, employees, agents, contractors, consultants and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) your booking, purchase or use of the Services and/or (b) your breach of these Terms.

APPLICABLE LAWS AND SEVERABILITY

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), the parties hereby agree that their relationship and the resolution of any and all disputes arising therefrom, including any issues related to these Terms, shall be governed by and construed in accordance with the laws of the Province of Ontario (“Jurisdiction”) and the laws of Canada applicable therein.

The parties hereby acknowledge that the Services will be provided in the Jurisdiction and that the Courts of the Jurisdiction shall have exclusive and preferential jurisdiction to entertain any complaint, demand, claim or cause of action whatsoever arising out of these Terms. The parties hereby agree that if either of them commences any such legal proceedings they will only be commenced in the Jurisdiction and hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Jurisdiction.

Medcan’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

FORCE MAJEURE

Medcan will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, pandemic, fire, war, insurrection, riot, civil unrest, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

TERM AND SURVIVAL

The application of these Terms will continue until the earliest of the following occurs: (1) completion of the Services, (2) you cease to be a Medcan client, (3) Medcan elects to terminate your ability to access and use Medcan Services, with or without cause and for any reason at its sole discretion, by notice to you. In the event that your access to or ability to use Medcan Services is terminated for any of the reasons stated above, you shall immediately discontinue any further access or use of the Services. Any provision of these Terms that impose or contemplate continuing obligations on or of a party will survive any termination of your account or access.

The following provisions, together with any other provision of these Terms which expressly or by their nature survives termination your ability to access and use the Services, or which contemplates performance or observance subsequent to such termination, will survive termination for any reason: Privacy, Disclaimer and Limitation of Liability, Indemnity, Applicable Laws and Severability, Term and Survival, Assignment, Notice and Entire Agreement.

NOTICE

Except as explicitly stated otherwise or as required by law, you will provide any notices to Medcan by contacting us in writing or by email at the following address:

Medcan Health Management Inc.

150 York Street, Suite 1500

Toronto, ON M5H 3S5

Attention: Vice President Legal

Medcan will provide any notices to you by email to the email address you provide Medcan and will be deemed given upon transmission.

ASSIGNMENT

You may not assign these Terms to any third party without our prior written consent. We may assign these Terms or any rights under these Terms to any third party without your consent. Any assignment in violation of this Section will be void. The terms and conditions of these Terms will be binding upon permitted assignees. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

LANGUAGE

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigé en anglais.

ENTIRE AGREEMENT

These Terms, along with the Terms of Use, and if applicable, any other legal notices or statements posted on myMedcan or the Medcan websites, constitute the entire agreement between you and Medcan with respect to the Services and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Medcan as set forth above.

CONTACT

If you have any questions or comments regarding these Terms please contact us at:

Medcan Health Management Inc.

150 York Street, Suite 1500

Toronto, Ontario M5H 3S5

Telephone: 416-350-5900

Attention: Vice President Legal