Terms of Service
Last Revised: January 6, 2020
These Terms of Service (“Terms”) govern your access and use of Medcan Health Management Inc. (“Medcan”, “we”, “our”, or “us”) services (“Services”) made available through the myMedcan client portal at www.mymedcan.com or myMedcan.medcan.com (“myMedcan”).
CHANGES TO TERMS OR SERVICES
These Terms as well as pricing and services are subject to change or amendment by Medcan from time to time in its sole and absolute discretion. These Terms will be deemed accepted and applied when a Service is purchased and every time you access myMedcan thereafter. Your continued use of the Services available through myMedcan following the posting of revised Terms means that you accept and agree to the changes. You are expected to regularly review this page so you are aware of any changes, as they are binding on you.
To use our Services, you must be a current Medcan client. If you are under the age of eighteen (18) years old, a parent or guardian needs to agree to these Terms 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 through myMedcan, the following terms apply:
NOT FOR EMERGENCIES
DO NOT USE THE SERVICES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY AND REQUIRE IMMEDIATE MEDICAL ATTENTION. 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.
When you find a Service that you feel suits your needs and your schedule, you may use myMedcan to 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 cause it to cancel your booking. You acknowledge that your Appointment may be cancelled any time before the Appointment occurs.
All Services are provided at Medcan’s offices, unless otherwise indicated in your Appointment confirmation email.
With the exception of certain Services, you are entitled to cancel your Appointment, without any reason, at any time within ten (10) calendar days, if you have paid or provided a deposit (for a Service greater than $50) for your Service(s) in advance, after your receipt of the email confirmation 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 service which you have purchased. These specific service terms will be made known to you prior to booking your Medcan Appointment and in your Appointment confirmation email.
DISCLAIMER/ LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL MEDCAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE SERVICES, EVEN IF MEDCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Medcan, its affiliates, members, officers, employees, agents, 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 use of the Services and/or (b) your breach of these Terms.
APPLICABLE LAWS AND SEVERABILITY
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.
If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 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.
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:
150 York Street, Suite 1500
Toronto, ON M5H 3S5
Medcan will provide any notices to you by email to the email address you provide Medcan and will be deemed given upon transmission.
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.
If you have any questions or comments regarding these Terms please contact us at firstname.lastname@example.org or
150 York St, Suite 1500
Toronto, ON M5H 3S5