Welcome. These Terms of Service (the “Terms of Service”) form a legally binding agreement between you (“you”, “your”, “patient”, etc.) and Pocket MD Inc located at in Toronto, Ontario (“Pocket MD”, “us”, “ours”, “we”, etc.) with respect to your access and use of our website(s), our platform and our provided services, as described in these Terms of Service (“website”, “platform”). The Pocket MD Privacy Statement is incorporated by reference into, and accordingly is part of these Terms of Service, and collectively form our agreement (“Agreement”).
We built Pocket MD to build patient centered healthcare by connecting them to medical professionals in a more meaningful way. Pocket MD connects patients to providers in-person or via voice, video or text for medical and other healthcare services(collectively, the “Services”).
You acknowledge and agree that the Services provided by Pocket MD under this Agreement are limited only to facilitating communication between you and a certified professional (“medical professional”). Professionals, including the advice they provide, are independent from Pocket MD.
We collect, use, disclose, retain and otherwise process personal information via our Services as detailed in our Privacy Statement, available at www.pocketmd.ca/privacypolicy. You must review our Privacy Statement prior to agreeing to these Terms of Service.
We reserve the right to modify the terms of this Agreement and our Services at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of our Services after any such changes means that you agree and consent to any and all such changes.
The term of this Agreement will commence on the date you create a User Account (see section 6) to use the Services (by your online acceptance of this Agreement) and continue until terminated in accordance with the provisions of this Agreement.
Certain patients may not be eligible to use Pocket MD. Medical professionals may refuse service to certain patients, if the presentation of the Service is not amenable to patient care via telemedicine. Further, a medical professional may determine that a patient should be treated in a hospital, clinic or other service. Also, a medical professional may determine that certain treatments, services and prescriptions cannot be executed via the Services, including but not limited to, prescribing opioids and benzodiazepines. Medical professionals are solely responsible for determining which patients shall be treated in person or virtually, to the extent of such treatment, and which patients shall be accepted or refused treatment.
In order to use the Services, you must register for and maintain an active user account (“User Account“). You must be at least 18 years of age to create a User Account, and must provide the requested information, including name, e-mail, and password.
Unless agreed to in writing, you may only possess one User Account.
You are solely responsible for your Account, and the personal information that you provide when accessing and using the Services. To the extent that you provide information to Pocket MD by operation of this platform and Services, where it is reasonable to expect that we may rely on this information, you represent that such data and personal information shall be accurate and complete.
You will not provide, post or transmit any data, personal information, content or material that:
infringes, misappropriates or violates any intellectual property rights, publicity/privacy rights or other rights of any third party, or any law or regulation; or
contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
You agree that Pocket MD is under no obligation to review any data, information, content or material provided by you or available on our website, platform or Services.
You are solely responsible for ensuring the security and confidentiality of your password. You shall not share your password with anyone at any time. You will prevent unauthorized access to or use of Service and notify us promptly of any such unauthorized use. You may notify us at:firstname.lastname@example.org
In addition, in order to provide and maintain a secure Service, you must not disclose any security vulnerability to any person except to us. As soon as possible upon discovering any issue or problem that may be pose a risk to the security or use of the Service, you must notify us at:email@example.com
In addition to any other right or remedy that Pocket MD may have under this Agreement or at law, we may suspend, restrict or terminate your access and use of the platform and our Services without prior notice for any reason.
You hereby consent to the exchange of information and documents between you, Pocket MD, your medical professional over the Internet or in-person and this Agreement (together with any applicable policies, guidelines or notices) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, prescriptions, disclosures and other communications that we or your online medical professional provide to you electronically satisfy any legal requirement that such communications be in writing.
Although we take all possible steps to ensure the accuracy of the information or content included on this platform, no assurance is given that information or content is up-to-date, accurate, error-free or complete. We take no responsibility for errors or omissions in the information or content of this platform. We reserve the right to correct, change or update information at any time without prior notice.
None of the information or content made available on the Pocket MD website or platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Any information or content is solely for informational purposes.
LorWe may offer links on our website to third party sites, including social networking websites and government resources, which are owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such sites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party sites. You assume full responsibility for your use of third party sites. Such sites are governed by terms and conditions different from those applicable to this website, and we encourage you to review the terms and privacy policies of those third parties before using their sites.em
Subject to your compliance with the terms and conditions of this Agreement, you are granted a revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Services in accordance with this Agreement solely for personal reasons and not for resale or to provide services to third parties.
Your use of the Pocket MD website, platform and our Services are restricted to the terms of this Agreement, and any additional policies, terms, guidelines or notices that we disclose.
Any other use of the website, platform, Services, including any information, content and material we provide, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution, performance, licensing, creation of derivative works or other exploitation, without prior written permission from Pocket MD, is strictly prohibited. Such unauthorized use for any purpose other than as expressly set out in this Agreement is a violation of Pocket MD’s legal rights, including our intellectual property rights and of our licensors and may subject you to civil liability or criminal prosecution under applicable laws.
In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use the Pocket MD website, platform and Services for any purpose not expressly authorized by this Agreement and/or transmit, post, or distribute to the website or platform content that, without limitation:
constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders, scrapers or offline readers;
(collects information about others, including but not limited to, users’ e-mail, passwords or other account information;
imposes an unreasonable load on the platform’s infrastructure;
impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity
use or access the website, platform or Services any way for unsolicited promotions, political campaigning, advertising or solicitations;
reverse engineers or decompiles the software comprising or included in the website, platform and Service;
interferes with any other party’s use of Pocket MD or related Services;
use or access the website, platform or Services in any way that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
collects or harvests any personally identifiable information, including account names, from the website and Service, nor to use the communication systems provided by the website for any commercial solicitation purposes; and/or.
solicits, for commercial purposes, any users of this website.
Notwithstanding this section, Pocket MD grants the operators of public search engines permission to use spiders to copy materials from this website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pocket MD reserves the right to revoke these exceptions either generally or in specific cases.
You will, at all times, comply with all local, regional and federal laws of Canada, and any applicable international laws, when accessing the website and using our Services.
Pocket MD makes no representations that the Services are appropriate, legal or available for use in other jurisdictions. Any person who accesses or uses the Services from other jurisdictions do so at their own volition and risk, and are responsible for compliance with all applicable law (local, domestic and foreign).
You are put on notice that you may not use, access, or register, as applicable, Pocket MD’s website, platform or Services if you are a competitor, or engaged by a competitor, of Pocket MD, except with our explicit written consent.
You may not use, access or register, as applicable, Pocket MD’s website, platform, or Services for purposes of monitoring its availability, functionality or performance, or for any other benchmarking or competitive purposes.
With the exception of your personal information (including medical records), Pocket MD exclusively owns and retains all right, title and interest in and to the website, platform and Services and any and all software, materials, formats, interfaces, information, data, content, trade secret, trademark, patent, algorithm, our confidential information, our proprietary information and technology and any other intellectual property used by, or provided to you in connection with Pocket MD (the “Pocket MD Property”). The Pocket MD Property is protected by intellectual property rights owned by or licensed to Pocket MD. Other than as expressly licensed to you in this Agreement, no license or other rights in the Pocket MD Property are granted to you, and all such rights are hereby expressly reserved by Pocket MD.
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate the Pocket MD Property to anyone. Use, reproduction, copying, or redistribution of Pocket MD Property, in particular but without limitation, trademarks, service marks, and logos are strictly prohibited without our prior written consent, or the written consent of any third party trademarks, service marks, marks, and logs posted on our website or platform, as applicable.
Pocket MD makes no representation or warranty concerning the platform and related Services. The platform and Services and all other data or materials provided in connection with this Agreement by Pocket MD and its suppliers are provided “as is, where is” and “as available” without representations or warranties of any kind.
We make no other warranties, express or implied, by operation of law or otherwise, including, without limitation, any implied warranties of non-infringement, merchantability or fitness for a particular purpose or any implied warranties arising out of course of performance, course of dealing or usage of trade. Pocket MD does not warrant that the platform and Services will be error-free, accurate, timely, uninterrupted, completely secure, or virus-free.
We shall use commercially reasonable efforts to maintain the availability and security of the Service in accordance with this Agreement. From time to time, the website, platform and / or Services may be unavailable due to regularly scheduled and other maintenance and updates.
We make no guarantee with respect to any accessibility, uptime, speed or availability of the Service to you and you hereby acknowledge and agree that we shall not be held liable for any special, incidental, indirect or consequential damages arising out of or in connection with your use of the Services, or any unavailability or interruption of the Services, whatsoever, whether in contract, tort, or otherwise.
WE DO NOT PROVIDE ANY ADVICE, MEDICAL OR OTHERWISE. Pocket MD Services’ solely allow you to connect with an independent medical professional. Pocket MD does not endorse or recommend any provider available through the Service, or any care, advice, prescription, recommendation or product recommended by any third party provider.
Any and all advice or care you obtain (and any results or lack of results from following or not following such advice or care) from any online medical professional is the responsibility of the responsible medical provider, and you. You understand and acknowledge that the medical professionals are independent from Pocket MD, and are self-regulated. Further, the online medical professionals are covered by their own professional practice insurance, and not by Pocket MD.
Without limiting the application of any other limitation or exclusion of liability under this Agreement or at law, you hereby expressly acknowledge and agree that Pocket MD has no liability whatsoever arising under any theory of law for any advice, result or lack of result from such advice or care obtained from any online medical professional.
POCKETMD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT POCKETMD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE SERVICE OR THE ONLINE MEDICAL PROFESSIONAL’S ADVICE AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY SUCH ONLINE MEDICAL PROFESSIONALS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS IN YOUR PROVINCE.
UNDER NO CIRCUMSTANCE SHALL Pocket MD BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL NEGLIGENCE, LOST INCOME, PERSONAL INJURY OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE Pocket MD WEBSITE, PLATFORM AND RELATED SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED ONLINE MEDICAL PROFESSIONALS AND/OR AUTHORIZED NON-MEDICAL PROVIDERS.
POCKETMD, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES AND INDEPENDENT THIRD PARTIES CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE, PLATFORM, SERVICES AND/OR THE SERVICES YOU RECEIVE FROM OUR INDEPENDENT ONLINE MEDICAL PROFESSIONALS, OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM AND/OR SERVICES FROM OUR INDEPENDENT MEDICAL PROFESSIONALS; OR (ii) ANY TRANSACTION, RELATIONSHIP OR COMMUNICATION BETWEEN YOU AND ANY AUTHORIZED INDEPENDENT MEDICAL PROFESSIONAL OR ANY AUTHORIZED NON-MEDICAL PROVIDER.
Your Termination Rights You may cease using the Services at any time.
Our Termination Rights In addition to any other rights stated in this Agreement, we may cease providing the Service (or any portion of it) to you at any time without notice.
Termination is not Pocket MD’s exclusive remedy and Pocket MD may take any other legal, equitable, or administrative action it deems appropriate. Pocket MD further reserves the right to investigate suspected violations of the terms and conditions of this Agreement.
Pocket MD agrees that upon any early termination of this Agreement, Pocket MD will allow (free of charge) you to access, without the right to modify, enhance or add to, your personal information, including any medical records for a reasonable period of time after we terminate your Agreement, but the period of time shall not exceed (60) days. Thereafter, Pocket MD will remove all your personal information from our systems and store it offline.
You may not assign any rights or obligations arising under this Agreement, whether by operation or law or otherwise, without our prior written consent. You agree that Pocket MD may subcontract certain aspects of our website, platform and / or Services to third parties, provided that any such subcontracting arrangement will not relieve us of any of its obligations hereunder..
This Agreement constitutes the entire agreement between you and Pocket MD relating to your access to and use of the website, platform and / or Services, supersedes and replaces the terms of any other prior agreement, writing or understanding between you and Pocket MD. You may be subject to separate obligations with your online medical professional.
To the extent permitted by law, the terms under this Agreement provide that all disputes between you and Pocket MD that in any way relate to this Agreement or your use of the website, platform and Services shall be resolved by binding arbitration. To the extent permitted by law, you agree to give up your right to go to court, including a class action proceeding, to assert or defend your rights under this Agreement..
Your rights will be determined by an arbitrator and not a judge or jury and your claims cannot be brought as a class action.
If you desire to assert a claim against us, we encourage you to first notify us and allow both parties to resolve the matter in good faith. If the matter is not resolved, you therefore elect to seek arbitration, you must first send us, by email, a written notice of your claim (“Notice”). The Notice to Pocket MD must be address to: firstname.lastname@example.org. All matters will be referred to and finally resolved by arbitration. The case will be administered in Toronto, Ontario in accordance with its domestic rules by a single arbitrator. The language of the arbitration will be English. Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the provincial and federal courts located in Toronto, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement or your use of the website, platform or Services. To the extent permitted by law, you agree that you will not bring a claim under this Agreement more than twelve (12) months from when your claim first arises.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without giving effect to conflict of laws principles. Subject to the mandatory arbitration provisions, any action or proceeding arising from or relating to this Agreement must be brought in a court sitting in Toronto, Ontario, Canada, except for applications for injunctive relief by Pocket MD which Pocket MD may bring in any jurisdiction. You hereby irrevocably submit to the jurisdiction and venue of such court in any such action or proceeding..
To the extent permitted by law, and subject to Section 25 (Disputes), you acknowledge, agree and understand that, with respect to any dispute with Pocket MD, or its respective officers, directors, employees, agents or representatives arising out of or relating to this Agreement: (i) you hereby give up your right to have a trial by jury; and (ii) you hereby give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
Pocket MD will not be deemed to be in breach of the terms of this Agreement or liable for any breach of the terms of this Agreement or our Privacy Statement due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
All covenants, representatives, warranties and agreements of the parties contained herein will be binding upon and will ensure to the benefit of the parties and their respective successors, permitted assigns, legal representatives, heirs and trustees.
Les parties declarent qu’elle sont demande que cette entente et tout document s’y rapportant soient prepares en anglais. The parties to this Agreement declare that they have requested that this Agreement and all ancillary documents be prepared in the English language.
For information on this Agreement, or if you have any questions, concerns or complaints, please write to us at: