THE INFORMATION PROVIDED BY PHYSICIANS ON THE SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE — USER BY A DOCTOR OR OTHER HEALTH PROFESSIONALS. IF YOU SUFFER FROM A PSYCHIATRIC ILLNESS OR HAVE ANY SUICIDAL IDEATIONS, PLEASE CONTACT YOUR PHYSICIAN IMMEDIATELY.
IT IS AT THE — USER’S DISCRETION TO RELY ON OR MAKE HEALTH DECISIONS BASED ON INFORMATION PROVIDED BY OUR DOCTORS. DOCTOR POCKET STRONGLY RECOMMENDS THAT A — USER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL OF THEIR CHOICE.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS YOU MAY NOT — USE OUR SERVICES.
1. No Doctor – User Relationship
Doctor Pocket does not replace your relationship with a physician or healthcare provider. The information provided through the Site should not be relied upon as a substitute for medical advice, evaluation or care from your physician or other qualified healthcare provider. The information received from the Site should be put to be use only after consulting your physician or other healthcare provider.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, opinion, guidance, and other material (collectively, “Information”) that is provided to you on the Site may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, rather, the Information is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Site should be used for information purposes only, DOCTOR POCKET DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, AND/OR PRESCRIPTION OF ANY KIND.
In order to be able to use the Site, you first need to sign up with Doctor Pocket, which you can do through the Site. When signing up, you are obligated to provide the Company with your personal information, mobile telephone number and email address. Upon successful completion of your sign-up with the Company, you will be provided with a personal account, accessible to you by a password of your choice.
3. Services and Scope of Services
Doctor Pocket provides a messaging communication system between you and a doctor of your choice where you can ask questions that fall under our “What we can help you with” guidelines (the “What We Can Help You With Guideline”) available at doctorpocket.ca and receive information from the doctor of your choice in response (the “Services”).
When the Services are provided, you and the doctor are not physically in the same location.
Medical Professionals are not employees or agents of Doctor Pocket; they are independent service providers using the Site to sell their knowledge to you.
4. Independence of Medical Professionals
The opinions, statements and answers provided by the doctor during an Appointment are solely the individual and independent opinions and statements of such doctor and do not reflect the opinions of Doctor Pocket, its affiliates or any other organizations or institutions to which such doctor is affiliated or provides services. Doctor Pocket does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Site.
The inclusion of doctors on Doctor Pocket or the Site does not imply recommendation or endorsement of such professional nor is any information provided on said individual intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and Doctor Pocket disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
5. Informed Consent and User’s Risks
You acknowledge that there are possible risks in using the Services, including but not limited to:
• While Doctor Pocket attempts to provide access to medical information for you, the Medical Professionals will not be examining you physically. The Medical Professional may not have access to all or some of your medical history that might be critical to inform you. The Medical Professional will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the service provided through Doctor Pocket is different from the diagnostic and treatment services typically decided by a physician. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of and response to your questions;
• The information or opinion on diagnosis you may receive could be limited and provisional;
• There is no guarantee that a doctor will be able to provide you with responses to your questions during an Appointment, nor deliver a result to you;
• An inaccurate, incomplete or insufficiently detailed medical history from you may lead to incomplete or incorrect information being provided to you by the doctor resulting in possible injury;
• Failures of our systems or your mobile device leading to a delay of the delivery of the Services;
• The possibility of images sent by you through the Site not being of sufficient clarity, leaving the Medical Professional not able to provide an informed opinion;
• The doctor can refuse to continue with an Appointment if the doctor, in their sole discretion, is of the opinion that your situation is an emergency or is too severe;
• The doctor can refuse to continue with an Appointment if the doctor, in their sole discretion, is of the opinion that your questions relate to a medical issue that does not follow the What We Can Help You With Guideline;
• Doctor Pocket reserves the right to suspend and, delete any accounts of any users without providing warning to do so;
• Doctor Pocket can refuse to accept new sign-up accounts without any warning to do so; and
• Doctor Pocket is not liable for the protection of any information provided between you and the doctor during an Appointment.
To reduce the risks of the above, Doctor Pocket strongly encourages you to be in touch with an on-ground physician and share the responses received from your Appointment on Doctor Pocket with him or her.
BY DECIDING TO ENGAGE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS AND LIMITATIONS ABOVE AND AGREE TO ASSUME THE ENTIRE RISKS.
6. Representation and Warranties
By using the Site and/or Services, you agree that you will not use the Site and/or Services to:
• Violate any laws or third party rights;
• Use the Site and the Services if you are temporarily or indefinitely suspended from the Site;
• Upload, post, email, transmit, or otherwise make available any content that: (i) is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation;
• Impersonate any person or entity, including, but not limited to, a Pocket Doctor official or falsely state or otherwise misrepresent your affiliation with a person, entity or doctor;
• Interfere with or disrupt, or attempt to interfere with or disrupt, any Doctor Pocket servers, networks or equipment connected to Doctor Pocket;
• Impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
• Stalk, threaten or harass any Medical Professional or user or infringe upon or attempt to infringe upon their privacy;
• Distribute viruses or any other technologies that may harm Pocket Doctor, the Site or the interests or property of other users.
Additionally, you agree that you will not:
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure and/or Site;
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Site without the prior expressed written permission of Pocket Doctor and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of our Site or any activities conducted on our Site; or
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of content posted or transmitted through the Services or the Site.
By using the Site and/or Services, you agree to the following:
• All Appointments and other interactions between you and a doctor will be billed through PayPal or a similar service provider. You agree to abide by the pricing terms agreed upon with a doctor while using Doctor Pocket and to pay to Doctor Pocket all fees for services rendered to you by doctors;
7. Doctor Responsibilities
For informative purposes only, the doctors have agreed that they:
• Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination;
• Will not prescribe or dispense medicines;
• Will recommend that users seek the advice of a physician who can perform an in-person physical examination;
• Will advise users that their advice is not a substitute for an actual physical evaluation by a qualified physician and that their advice is to be construed for informational purposes only;
• Will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive; and
• Will not disclose any information that was provided to them by a user and will use their best efforts to guard user’s privacy.
Appointment fees will be paid through the secure worldwide online payment system PayPal or a similar service provider. You must be aware that no Appointment will be given until the payment fees are paid and received by Doctor Pocket.
Doctor Pocket does not offer a guarantee of any sort of reimbursement. Notwithstanding the foregoing, in the event that a doctor refuses to continue with an Appointment because, in the doctor’s opinion, your situation is an emergency or is too severe, you will receive a refund of 50% of the fee paid for that Appointment.
Your account will be blocked from using any of our services if you do not pay for an Appointment that has been missed by you and not cancelled at least twenty-four (24) hours in advance. However, if a medical professional misses an Appointment time, the Appointment can be rescheduled with the same doctor based on the availabilities.
9. Proprietary Rights
Doctor Pocket alone (and its licensors, where applicable) shall further own all right, title and interest, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site and/or Services (collectively “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback, and you do hereby waive and renounce any moral rights you may have in the Feedback in favour of Company, and agree that the Company may freely utilize such Feedback without compensation to you.
10. Practices and Limits Concerning Use of the Services
You acknowledge that Doctor Pocket may establish general practices and limits concerning the use of the Services, including without limitation, the maximum number of times (and the maximum duration for which) you may access or use the Services in a given period of time. You further acknowledge that Doctor Pocket reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Limitation of Liability
You will not hold Doctor Pocket, its affiliates, and each of their shareholders, directors, officers, agents and employees (collectively the “Company Parties”) (or any doctor) responsible for actions or inactions, which are made through our Site or using our Services. We do not guarantee the quality, the truth or accuracy of any information provided through our Site or using our Services. We also cannot guarantee continuous or secure access to our Services, and operation of our Site may be interfered with by numerous factors outside of our control.
IN NO EVENT SHALL THE COMPANY PARTIES OR THE COMPANY’S LICENSORS AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS TERMS OF — USE AGREEMENT OR YOUR — USE OF (OR INABILITY TO — USE) THE SITE OR THE SERVICES OR WITH RESPECT TO THE CONTENT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF ONE HUNDRED FIFTY DOLLARS (150$), WHICHEVER IS GREATER. IN NO EVENT SHALL THE COMPANY PARTIES OR THE COMPANY’S LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, — USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY PARTIES OR THE COMPANY’S LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE — USE OR INABILITY TO — USE THE SITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE SITE. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY PARTIES OR THE COMPANY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SITE (WITH ALL ITS IMPLICATIONS, INCLUDING BUT NOT LIMITED TO DECISIONS YOU MAKE WITH INFORMATION, RESPONSES, SUGGESTIONS OR OPINIONS RECEIVED FROM DOCTORS IN USING THE SERVICES) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY — USERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY PARTIES OR THE COMPANY’S LICENSORS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CA– USES OF ACTION, OR DAMAGES ARISING FROM YOUR — USE OF THE SITE, OR IN ANY WAY RELATED TO THE THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR PROVINCE, INCLUDING WITHOUT LIMITATION THE PROVINCE OF QUEBEC), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR“.
YOU UNDERSTAND THAT BY USING THE SITE, YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY OFFENSIVE OR OTHERWISE OBJECTIONABLE, AND THAT YOU — USE THE SITE AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES OR THE COMPANY’S LICENSORS LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Disclaimer of Warranties, Representations and Conditions
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE SITE OR ANYTHING TRANSMITTED TO YOU DURING THE PROVISION OF THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE — USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE SITE, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. THE SITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SITE, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE — USE OF THE SITE. THE COMPANY DOES NOT VERIFY THE OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS OF ANY CONTENT, NOR HOW ANY — USER MAKES — USE OF THE CONTENT, AND SHALL HAVE NO LIABILITY RELATING THERETO. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR — USE OF THE SITE, THE SERVICES AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you have a dispute with one or more users or any of the doctors, you release the Company Parties and the Company’s licensors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Any information provided to any medical professional on Doctor Pocket is confidential, will not be published anywhere, and can only be viewed by the medical professional. Any type of information that is related to you based on medical history or current notes we have about your file is stored on the secure database of Doctor Pocket.
16. External Links
The Site and/or Services may provide, or third parties may provide, links to other websites or content or resources. Doctor Pocket has no control over such third party’s websites and resources. You acknowledge and agree that Doctor Pocket is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Doctor Pocket is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or advertising, products, or other materials on or available from such websites or resources.
18. No Agency
Except as explicitly stated otherwise, any notices to Doctor Pocket shall be sent to: email@example.com and to you to the email address which you provided to Doctor Pocket during the registration process (if Doctor Pocket prefers, by certified mail, postage prepaid and return receipt requested, to the address provided to Doctor Pocket during the registration process).
20. Controlling Law and Jurisdiction
Arbitration Rules. The arbitration will be subject to article 940 and following of the Code of civil Procedure (Quebec).
Arbitration Location. Unless you and Company otherwise agree, the arbitration will be conducted in the Province of Quebec, City of Montreal.
Decision. The arbitrators will render an award within the time frame specified in the Code of civil Procedure (Quebec). Such decision will include the essential findings and conclusions upon which the arbitrators based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any damages granted by the arbitrators must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.
Fees. The arbitrators shall determine who is responsible to pay the fees associated with the arbitration.