Acceptance of the Terms
This Site is offered and available to users who are 18 years of age or older. We do not collect or maintain personal information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. By using this Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.
Intellectual Property Rights
Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Site are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
You must not:
Additionally, you agree not to:
Content You Post on the Site
By posting or transmitting User Content on or through the Site, you
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links to other Websites and Resources
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Information About You and Your Visits to the Site
The owner of the Site is based in Canada. We provide this Site for use only by persons located in Canada. We make no claims or representations that the Site or any of its content is accessible or appropriate outside of Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER AND LIMITATION OF LIABILITY
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties, liability or certain damages or limitations of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you.
Although we strive to update and keep accurate as much as possible the Content contained on the website, errors and/or omissions may occur. Accordingly, the MediOne Rx Platform and the Content are provided “as is” without warranty or condition of any kind. Use of the MediOne Rx Platform or the Content is at your own risk. MediOne Rx does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the MediOne Rx Platform or the content. The Platform and the Content may include errors, omissions and inaccuracies, including, without limitation, pricing errors. MediOne Rx does not assume any responsibility for any errors, omissions or inaccuracies in the MediOne Rx Platform or the Content. In addition, MediOne Rx expressly reserves the right to correct any pricing errors on the MediOne Rx Platform.
To the fullest extent permitted by law, MediOne Rx disclaims all warranties, representations and conditions of any kind with respect to the MediOne Rx Platform and the content whether express, implied, statutory or collateral, including any implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose or non-infringement, that arise out of a course of dealing or trade, or that the MediOne Rx Platform or the Content are or will be error-free or will operate without interruption. In no event will MediOne Rx be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not MediOne Rx is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the MediOne Rx Platform or the Content.
You acknowledge and agree that MediOne Rx does not provide medical advice, diagnosis, or treatment, and is strictly a specimen collection provider and enablement layer for connecting patients with independent third-party Authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in MediOne Rx’s network.
To the extent that the foregoing limitation does not apply, in no event will the total aggregate liability of MediOne Rx in connection with or under these TOU or your use of, or inability to make use of, the MediOne Rx platform or the content, or for any other claim related in any way to your use of, or inability to make use of, the MediOne Rx platform or the Content exceed the aggregate amount of the fees paid by you for a one year period. For greater certainty, the existence of one or more claims under these TOU will not increase the maximum liability amount.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless MediOne Rx and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
In particular, you agree to indemnify and hold harmless MediOne Rx, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content.
All Authorized Healthcare Practitioners at MediOne Rx are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice.
You can report a complaint relating to Healthcare Services provided by a Healthcare Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
Governing Law & Jurisdiction
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and MediOne Rx (as well as its agents, delegates, employees, and any Authorized Healthcare Practitioners or PHAs), including without limitation any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Ontario shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and MediOne Rx.
These laws apply to your access to or use of the MediOne Rx Platform or the Content, notwithstanding your domicile, residency or physical location. The MediOne Rx Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. If any provision of the present TOU shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these TOU 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. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.
Entire Agreement, Waiver & Severability
These TOU constitute the entire agreement between MediOne Rx and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MediOne Rx with respect to the MediOne Rx Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word ‘including’ or ‘includes’ means ‘including (or includes) without limitation’.
MediOne Rx’s failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right.
If any of the provisions contained in these TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.
You agree that it is the express wish of the parties that these TOU and all related documents be drawn up in English. Vous êtes d’accord que c’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
The TOU constitutes the entire agreement between you and MediOne Rx and govern your use of the MediOne Rx Platform, superseding any prior agreements between you and MediOne Rx in respect of the MediOne Rx Platform. The TOU and the relationship between you and MediOne Rx shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and MediOne Rx agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of MediOne Rx to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
MediOne Rx will reimburse cancelled appointments with 24 hours notice, however there is a $10 processing fee. For appointment cancelled with less than 24 hours notice, MediOne Rx is unable to provide any refund and the appointment will be paid in full.
MediOne Rx COVID-19 Testing Disclaimer:
MediOne Rx, a fully private healthcare provider, screens for the presence of the novel coronavirus SARS-CoV-2. SARS-CoV-2 causes the disease COVID-19: an acute, sometimes severe, respiratory illness. Screening tests are intended to identify infected individuals without symptoms, or prior to the development of symptoms, to prevent the spread of COVID-19. Screening tests are best suited for individuals who are required to travel for work, require workplace screening, or desire regular screening to protect those around them.
If an individual does test positive for the presence of SARS-CoV-2, that individual should self-isolate and follow Public Health’s direction, regardless of if they are symptomatic or asymptomatic.
MediOne Rx forwards all positive cases to Public Health. MediOne Rx physicians report all positive cases to patients via phone.