Terms of Use

Effective as of June 22, 2022

These Terms of Use (“Terms”) have been prepared by Medcan Health Management Inc. (“Medcan”) and govern your access and use of the services offered or made available by Medcan, including the online myMedcan client portal available through the website www.mymedcan.com (“myMedcan”), and your access to and use of Medcan’s websites (collectively, the “Websites”).

Please read these Terms carefully. Services offered or made available by Medcan are provided to you subject to your compliance with these Terms. By visiting, registering with, or downloading a mobile app with a link to these Terms, you are stating that you have read and understood these Terms and that you agree to accept and be bound by these Terms, which can be modified from time to time, so check back regularly.
If you do not agree to be bound by these Terms, do not access or use services offered or made available by Medcan, including through myMedcan or the Websites.

1. HOW TO ACCESS MYMEDCAN AND THE WEBSITES
   To access myMedcan and the Websites, you may, in some circumstances, be required to register by defining a username and you will be required to set a password. You may be given the opportunity to input personal health information, contact information and other personal information (collectively, “Personal Information”). This Personal Information may become part of your health record. See our Privacy Policy for information about how we collect, manage, use, retain and make available your Personal Information.
2. You agree to ensure that your Personal Information is accurate, current and complete, and that you keep all such information (including but not limited to your email address) up to date at all times. Medcan reserves the right to terminate any individual’s myMedcan or other Website account whose Personal Information has fallen out-of-date or cannot be verified for any reason.
3. You are responsible for maintaining the confidentiality of your username and password. Keep your password in a secure place and do not allow any unauthorized persons to access myMedcan or any other Website using your password. You are responsible for all activity that occurs under your password. If you suspect that others have knowledge of your password, have accessed your myMedcan or other Website account without consent, or suspect any other security breach, you are expected to report this to us immediately. Access to and use of myMedcan is restricted to myMedcan registered users. Attempting to access myMedcan without authorization is prohibited.
4. myMEDCAN PORTAL
   myMedcan is intended for you to, among other things, manage and schedule your in-person and virtual appointments, manage your health assessment test results, purchase Medcan services, view your purchase history, communicate with Medcan staff via messaging, educate yourself about health matters of interest, maintain your medical profile, and control your communication preferences along with other Personal Information. Purchases and bookings through myMedcan and the Websites are subject to the Booking and Purchase Terms.
5. COMMUNICATIONS
   The provision of relevant health information and educational material is a core feature of the Medcan service offering. By accepting these Terms, you agree that Medcan may use your email address and other contact information in your profile for the purposes of providing you with information, newsletters, invitations, offers, surveys and other communications in relation to Medcan services (“Medcan Communications”) in accordance with your preferences. 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 myMedcan or on the Websites. Alternatively, you can opt out of receiving email marketing communications by contacting us using the contact information provided in the “Contact” 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.
6. LINKS TO THIRD PARTY WEBSITES
   It is our goal to provide increased value to you, our clients. Therefore, myMedcan and our Websites might offer you links to news and other information available on other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Medcan and that Medcan has no control over the content of such websites (“Third Party Websites”). Consequently, Medcan cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the news or other information available through our links to such websites. If you choose to access any such Third Party Website, you do so entirely at your own risk.
7. The links which we might place on myMedcan or the Websites do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
8. OWNERSHIP / RESTRICTIONS ON USE
   myMedcan and the Websites are owned and operated by Medcan. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) displayed on myMedcan or the Websites, or contained in the Content are proprietary to Medcan, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright, trademark and other intellectual property laws.
9. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Medcan. To request written consent for such reproduction, please contact us at 150 York Street, Suite 1500, Toronto, Ontario M5H 3S5 or 416-350-5900.
10. Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content (in whole or in part) without the express prior written consent of Medcan.
11. ACCEPTABLE USE POLICY
    As a condition of your use of myMedcan or the Websites, you represent, warrant and covenant that you will access and use myMedcan and the Websites in accordance with these Terms. Without limiting the foregoing, you will not (and will not attempt to), as applicable:
    (a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on myMedcan or the Websites any data, information, pictures, videos, music, or other materials or content that:
    (i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or commercial electronic message;
    (ii) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
    (iii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
    (iv) is false, intentionally misleading or impersonates any other person;
    (v) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
    (vi) is harmful to minors in any way or targeted at minors;
    (vii) violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
    (viii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
    (b) disable, overly burden, impair, or otherwise interfere with servers or networks connected to myMedcan or the Websites (e.g., a denial of service attack);
    (c) attempt to gain unauthorized access to myMedcan or the Websites;
    (d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile myMedcan or the Websites or any part thereof or otherwise attempt to discover any source code;
    (e) use myMedcan or the Websites for the purpose of building a similar or competitive product or service;
    (f) harvest or otherwise automatically collect any information (including without limitation personal information) about other users of myMedcan or the Websites, including, without limitation, e-mail addresses, without the express consent of such users;
    (g) use myMedcan or the Websites (including without limitation when communicating with other users of myMedcan or the Websites) under a false identity, or forge or otherwise manipulate identifying information in order to disguise or mislead others about the origin of any material transmitted by you through myMedcan or the Websites; or
    (h) use myMedcan or the Websites other than as permitted by these Terms .
12. SUBJECT TO APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Medcan retains the right, at its sole discretion, to deny access to or use of myMedcan or the Websites to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms. You will cease and desist from accessing and using myMedcan or the Websites immediately upon request by Medcan to do so.
13. NO ADVICE
    Some of the materials and information available on myMedcan and the Websites such as those found in the education section, are intended for informational purposes only and do not constitute health or other advice nor should it replace consultations with qualified medical or other relevant professionals. Please consult your Medcan health care professional for specific recommendations.
14. NOT FOR EMERGENCIES
    DO NOT USE MYMEDCAN OR THE WEBSITES 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.
15. PRIVACY AND SECURITY
    Your use of myMedcan and the Websites is also governed by our Privacy Policy . Please review this 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.
16. AMENDMENTS
17. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), Medcan may, from time to time, amend these Terms. Current Terms will be posted on myMedcan or the Websites. Please check back frequently to see the Terms then in effect. Historical versions are available upon request. The amended Terms will be effective on the effective date indicated therein. Your continued access or use of myMedcan or the Websites 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 cease accessing and using myMedcan and the Websites.
18. RELEASE AND INDEMNITY; LIMITATION OF LIABILITY; NO WARRANTY
    SOME JURISDICTIONS, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, DO 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.
19. By accessing or using myMedcan or the Websites, you agree to release Medcan, its affiliates, members, officers, directors, employees, agents, contractors, consultants and licensors or partners (the “Released Parties”) from any and all liability, claims, demands, losses, costs, expenses, damages (actual and consequential) or actions of any kind and nature (collectively, “Liability”), known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable legal fees suffered by you, your executors, administrators or heirs, any third party, or their respective successors or assigns, and agree to indemnify and hold harmless the Released Parties from any Liability suffered by the Released Parties with respect to or resulting from (i) your use of, or your acts or omissions related to, myMedcan or the Websites, (ii) your breach of these Terms (including all documents incorporated by reference); or (iii) your violation of any law or the rights of a third party. Without limiting the generality of the foregoing, the Released Parties will not be liable or responsible for: (i) the actions or inactions, acts or omissions, of any myMedcan or Websites user, third party or Third Party Websites; (ii) any misrepresentation, inaccurate, harmful, offensive or deceptive content posted on myMedcan or the Websites, or any such conduct perpetrated, by any other myMedcan or Websites user or any third party.
20. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH MYMEDCAN, THE WEBSITES OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. MYMEDCAN AND THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. THE RELEASED PARTIES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO MYMEDCAN, THE WEBSITES, AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT MYMEDCAN, THE WEBSITES, OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. 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 USE OF, OR THE INABILITY TO MAKE USE OF, MYMEDCAN, THE WEBSITES OR THE CONTENT.
22. Each Released Party which is not a party to these Terms is hereby constituted a third party beneficiary of the provisions of this Section 11.
23. TERM AND SURVIVAL
24. The application of these Terms will continue until one of the following occurs: (1) you cease to be a Medcan client (2) Medcan elects to terminate your myMedcan account or otherwise terminate your ability to access and use myMedcan or the Websites, 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 myMedcan or the Websites is terminated for any of the reasons stated above, you shall immediately discontinue any further access or use of myMedcan or the Websites. 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.
25. You are responsible for backing up the information that is provided through myMedcan or the Websites. If your access or usage is terminated for any reason, we may delete your data from myMedcan or the Websites.
26. The following Sections, together with any other provision of these Terms which expressly or by its nature survives termination your ability to access and use myMedcan or the Websites, or which contemplates performance or observance subsequent to such termination, will survive termination for any reason: Sections 5 (Ownership/Restrictions on Use), 9 (Privacy and Security), 11 (Release And Indemnity; Limitation Of Liability; No Warranty), 12 (Term and Survival), and
    14 (General Provisions).
27. NOTICES
    Except as explicitly stated otherwise or as required by law, you will provide any notices to Medcan by contacting us in writing to 150 York Street, 15th Floor, Toronto, Ontario M5H 3S5 or by email at the following address corporate@medcan.com
28. Medcan will provide any notices to you by email to the email address you provide Medcan and will be deemed given upon transmission.
29. GENERAL PROVISIONS
    These Terms do not, are not intended to and will not be construed as creating any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Medcan. You may not transfer your rights under these Terms.
30. 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.
31. 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. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), 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.
32. 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.
33. We may assign any rights under these Terms to any third party without your consent. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
34. 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.
35. These Terms, and any other terms or agreements incorporated by reference herein, set forth the entire understanding and agreement between you and Medcan with respect to the subject matter hereof. Headings and captions of the sections are for reference purposes only.
36. CONTACT
    If you have any questions or comments regarding these Terms please contact us at:
    
    Medcan
    150 York Street, Suite 1500
    Toronto, ON M5H 3S5
    Telephone: 416-350-5900
37. Attention: Vice President Legal