DIGITAL HEALTH CONNECTING ALL PATIENTS WITH
AN EFFECTIVE DIGITAL CARE
COMPLETE DIGITAL HEALTH DELIVERY SERVICES SIMPLIFIED & DIRECT MEDICAL ENGAGMENT

THE ONTARIO MEDICAL NETWORK DIGITAL CARE PLATFORM TERMS OF USE AGREEMENT 

Legal Agreement 

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and THE ONTARIO MEDICAL NETWORK CORPORATION a TELESENSE CANADA trade name and its distributors (collectively, “Owner”), which is the owner and operator of: (1) the Owner’s website located at www.onmd.ca (the “Website”); (2) the “THE ONTARIO MEDICAL NETWORK” mobile phone site (the “App”); and (3) the THE ONTARIO MEDICAL NETWORK Virtual Care Platform, including through the App, providing various services from time to time, as described on the Website, and (4) all other services provided by the Owner, as described on the Website (collectively, the “Platform”). These Terms of Use form a legally binding agreement between Owner and you. The term “you” refers to the person or entity visiting the Platform, browsing or otherwise using the Platform, or receiving any Platform Services. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

BY ACCESSING AND USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE PLATFORM.

DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANY CONTENT.

I UNDERSTAND THAT I HAVE RESPONSIBILITY TOWARDS THE ONTARIO MEDICAL NETWORK AND THE HEALTH CARE PROFESSIONALS TO RETURN THEIR CALLS OR EMAILS IN CASE MY LAB RESULTS REQUIRES FURTHER CONSULTATION. I FURTHER AGREE THAT THE ONTARIO MEDICAL NETWORK OR THE HEALTHCARE PROFESSIONAL IS NOT LIABLE FOR MY LACK OF ACTION TO COMMUNICATE, BOOK A SESSION OR RETURN THEIR CALL. THE ONTARIO MEDICAL NETWORK WILL MAKE A REASONABLE NUMBER OF ATTEMPT TO CONTACT ME TO ADVISE ME TO SCHEDULE MY NEXT CONSULTATION REGARDING ANY LAB OR IMAGING REQUISITION 

THE HEALTHCARE PROFESSIONAL PROVIDING THE CONSULTATION AND TREATMENT ARE SOLELY RESPONSIBLE FOR THEIR OWN ACTION THE ONTARIO MEDICAL NETWORK IS NOT RESPONSIBLE FOR THE HEALTHCARE PROFESSIONAL CONSULTATION, RECOMMENDATION, TREATMENT OR ACTION.

THE ONTARIO MEDICAL NETWORK IS A PLATFORM AND SUITE OF SERVICES USED BY A HEALTHCARE PROFESSIONAL TO DELIVER A CONSULTATION.

 

This Agreement sets out the terms and conditions under which you may access and use the Platform. Owner may revise this Agreement at any time without notice. Use of the Platform after such changes are posted will indicate your acceptance of the revised terms.

Use of the Platform 
AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TERMS OF USE; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE. AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
The Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various services offered by the Owner through the Platform; (2) if and as permitted by the Owner and these Terms of Use, enable you to use the Platform and receive any services offered to you through the Platform; (3) if applicable, facilitate any payments from you to the Owner in respect of your use of the Platform or the receipt of any services through the Platform; and (4) if and as permitted by the Owner and these Terms of Use, provide feedback and otherwise communicate with the Owner in connection with any of the foregoing ((1) through (4) collectively, “Platform Services”).

Owner retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Owner.
To access and use the Platform, you must be 18 years of age or older.

Consent to Treatment and Collection, Use and Disclosure of Personal Health Information 
Telemedicine is both the practice of medicine and a way to provide or assist in the provision of patient care at a distance using information and communication technologies (“Telemedicine”). By accessing and using the Platform to receive Health Services or Support Services via Telemedicine, you consent to be treated by Health Care Professionals and may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Health Care Professionals may also conduct a visual examination of you via Telemedicine and may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. You may withdraw your consent to receive Health Services or Support Services at any time by ending your Telemedicine consultation with the Health Care Professionals.

Neither the Health Services provided by Health Care Professionals nor the Support Services are intended to replace your primary care relationship with your family Health Care Professional or other primary care health professional. You should continue to consult your family Health Care Professional or other primary care health professional regularly or as needed or recommended by them. Health Care Professionals may also refer you to other consultants or specialists for in-person consultations and can report to you on the results of those consultations. Health Care Professionals may also prescribe medication to you and can direct prescriptions to the pharmacy or other dispensing location of your choosing. Health Care Professionals may also be available to you to follow-up on the results of any treatment, including any reactions to medication, side effects or other adverse events. Health Care Professionals may send reports regarding the care provided to you to your family physician or other primary care health professional after consultations with you.

You are encouraged to ask questions of the Health Care Professionals regarding any course of treatment or medication that is prescribed or recommended to you. If you are not satisfied with the explanation or information provided by the Health Care Professionals regarding any course of treatment or medication that is prescribed or recommended for you, you should not follow it or you should seek a second opinion from a physician that is not affiliated with THE ONTARIO MEDICAL NETWORK. You have the right to refuse or withdraw consent to treatment or medication at any time. In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with Telemedicine and which may adversely impact the ability of the Health Care Professionals to provide Health Services or to provide Support Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Health Care Professionals  to conduct an appropriate assessment of you or otherwise obtain sufficient personal health information from you to support a diagnosis or prescription, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family Health Care Professionals  or other primary care health professional), which may result in adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Health Care Professionals and any dispensing pharmacists of all medications you are taking and any allergies you may have), and (d) unauthorized collection, use or disclosure of your personal health information due to a security protocol breach or failure. By consenting to receive Health Services or Support Services using the Platform, you consent to these inherent material risks associated with Telemedicine. By providing or uploading any of your Personal Health Information to the Platform, you are consenting to the collection, use and disclosure of your Personal Health Information for the purposes of providing Health Services and Support Services to you and for purposes that are consistent with those purposes. By consenting to receive Health Services or Support Services, you fully agree that THE ONTARIO MEDICAL NETWORK does not replace my Most Responsible Physician (MRP), THE ONTARIO MEDICAL NETWORK telehealth service is provided to enhance my circle of care. I fully agree that THE ONTARIO MEDICAL NETWORK may share assessment, diagnostic information, or lab information with my primary care provider, and that my primary care provide may obtain information directly from THE ONTARIO MEDICAL NETWORK. By accepting this Agreement, I fully agree to provide my provincial health card in order for THE ONTARIO MEDICAL NETWORK’s Clinician to create a lab requisition or refer to Physician or Specialist as needed.

Privacy and Personal Health Information 
The Platform is secured through encryption technologies and only you and authorized medical practitioner and personnel will have access to your personal health information. All personal health information, as defined under the Personal Health Information Protection Act, 2004, collected on the Platform will be immediately transferred to the Health Care Professionals, where it shall be managed in accordance with the Patient Agreement, if applicable. Such information is not held by the Owner and the Owner is not responsible for storing or securing your personal health information. Platform is licensed by Owner to your medical practitioner and is used by your medical practitioner to communicate with you at the medical practitioners and your own risk.

Disclaimer 
PLATFORM IS PROVIDED “AS IS”. WHILE OWNER ENDEAVORS TO PROVIDE ACCURATE, CURRENT, AND TIMELY INFORMATION, OWNER MAKES NO REPRESENTATION, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE PLATFORM INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR COVENANT THAT:

(I)        THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE PLATFORM WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR A PARTICULAR PURPOSE;

(II)       THE PLATFORM OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY OR SUITABLE FOR ANY PARTICULAR PURPOSE;

(III)      THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE;

(IV)      DEFECTS OR ERRORS, WHETHER HUMAN OR COMPUTER ERRORS, IN THE PLATFORM OR THE CONTENT WILL BE CORRECTED;

(V)       THE PLATFORM WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND THAT

(VI)      COMMUNICATIONS TO OR FROM THE PLATFORM WILL BE SECURE AND/OR NOT INTERCEPTED.

OWNER CANNOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF ANY COMMUNICATION TO OR FROM THE PLATFORM GIVEN THAT ANY INFORMATION TRANSMITTED OVER THE INTERNET IS GENERALLY NOT SECURE. OWNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ASSUME NO LIABILITY RESULTING FROM THE RELEASE OF ANY INFORMATION OR MATERIAL CONTAINED IN THE PLATFORM.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK AND LIABILITY.
INSTALLATION ON YOUR PERSONAL ELECTRONIC DEVICE AND USE OF PLATFORM IS AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE OWNER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR PERSONAL HEALTH INFORMATION OR RELEASE OF IT TO ANY THIRD PARTY WHETHER ACCIDENTAL OR NOT. ALL LIABILITY, IF ANY, WITH REGARD TO SAFETY OF YOUR PERSONAL HEALTH INFORMATION RESTS WITH YOUR HEALTH CARE PROVIDER TO WHOM YOU COMMUNICATE YOUR PERSONAL HEALTH INFORMATION USING PLATFORM.

Limitation of Liability
IN NO EVENT SHALL OWNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATIONS, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO MEDICAL OR PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, LOST BUSINESS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR USE, MISUSE, RELIANCE UPON THE PLATFORM, OR YOUR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF OWNER KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

OWNER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USER OF THE PLATFORM, OR ANY ADVERTISER OR SPONSOR OF THE PLATFORM (COLLECTIVELY, “THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL OWNER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OF ANY KIND (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY FASHION WHATSOEVER FROM:

(I)        THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY, AND

(II)       ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS, OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE PLATFORM, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF OWNER KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity 
You agree to indemnify, defend, and hold harmless Owner and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:
(i)        your breach of any of the terms and conditions of this Agreement;
(ii)       your access to, use, misuse, reliance upon, or inability to access or use the Platform or any website to which the Platform is or may be linked to from time to time; or
(iii)      your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything on or from the Platform.
No Doctor-Patient Relationship
The presentation of information on the Platform does not establish a doctor-patient relationship between you and Owner and is not intended as a solicitation of individuals to become Owner’s patients or clients. Your health care provider is using Platform under the licence from Owner and for its own use and purposes. As such, your health care provider is ultimately responsible for all communications with you conducted through Platform in accordance with any applicable Patient Agreement.

Governing Law 
The Platform is operated by Owner from its offices in Ontario, Canada. You agree that all matters relating to your access or use of the Platform and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Platform, as well as any dispute that may arise therefrom.

Termination 
Owner may, in its sole discretion, cancel or terminate your right to use the Platform or any part of the Platform at any time without notice. In the event of termination, you are no longer authorized to access the Platform, or the part of the Platform affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Platform, the disclaimers, and limitations of liabilities set out in this Agreement shall survive termination of this Agreement. Owner shall not be liable to you or to any third-party for such termination.
You may terminate these Agreement at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted or deactivated, ceasing use of the Platform and uninstalling and removing all local software components thereof from your systems, including removing the App from your mobile device.

Severability 
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.

Waiver 
Any consent by Owner, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

Entire Agreement 
This is the entire Agreement between you and Owner relating to your access and use of the Platform. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and Owner relating to the subject matter of this Agreement.

Pharmacy Information 
You are solely responsible for providing accurate information for your preferred pharmacy, including in the case that the information you provide results in an unintended party receiving any information. The information you provide will be used to send prescriptions from your visit via fax to your preferred pharmacy. You also agree to have your prescription, phone number, and email sent to a pharmacy, including any other contact information.