Terms & Conditions

Acceptance of the Terms 

Welcome to the website operated by MediOne Rx (“we”, “us” or “our”). The following terms and conditions (“Terms of Use”), govern your access to and use of the medionerx.com website, including any content, functionality and services offered on or through everlywell.com (the “Site”). These TOU form an agreement between MediOne Rx Holdings and you. The term “you” refers to the person or entity visiting the MediOneRx.com, browsing or otherwise using MediOne Rx online resources (including the portal) or receiving any MediOne Rx Services, as hereinafter defined. A copy of these TOU may be downloaded, saved and printed for your reference.

Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use in addition to our privacy policy, found at http://medionerx.com/privacy-policy, which are incorporated herein by reference. If you do not want to agree to the Terms of Use, the Consent for Services or the Privacy Policy, you must not access or use the Site. Capitalized terms used but not defined in these Terms of Use have the meaning given to them in our other policies (e.g., our Privacy Policy and our User Agreement).

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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use or revisitation of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Certain services we offer on the Site have their own terms and conditions (“User Agreement”). In the event of any conflict between these Terms of Use and any User Agreement, the User Agreement shall control.

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.

Certain services offered on this Site (“Services”) are available only to users who set up an account (“Account”) and consent to a User Agreement. To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of Canada.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
  • If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site; or,
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, provincial, municipal or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Content You Post on the Site

You are responsible for all content that you post on, transmit through or download from the Site (“User Content“). User Content does not include “Protected Health Information,” as defined in the Personal Health Information Policy Act, 2004 (“PHIPA”), that you may provide or submit to us when requesting tests or Services. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Site. We may remove any User Content that violates these Terms of Use or that we determine is otherwise not appropriate for the Site in our sole discretion.

By posting or transmitting User Content on or through the Site, you

  1. represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by us and the Terms of Use,
  2. represent and warrant that your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person; and,
  3. agree to and do hereby grant us and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the User Content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your username in connection with our use of any User Content you provide to us, including in connection with off-Site uses of such submitted User Content. You also consent to the display of advertising within or adjacent to any of your User Content. Any User Content sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.

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

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

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.

Certain companies affiliated with us may provide services and operate websites which may be linked to from our Site and which are governed by their own terms of use and not these Terms of Use, and may be subject to laws of other local or international jurisdictions.

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.

Indemnity

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:

  1. your breach of any of your warranties, representations or obligations under these TOU
  2. your violation of any applicable law or the rights of a third party (including intellectual property rights);
  3. your use of the MediOne Rx Platform or the Content.

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.

Disclosure

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.

Termination

You may delete your Account and end your registration at any time, for any reason by sending an email to contact@medionerx.com We may terminate your use of the Site, your Account and/or registration for any or no reason at any time. You understand that termination of your agreement with us pursuant to these Terms of Use and your Account will not entitle you to any refund and may involve deletion of your information from our live databases as well as any content that you uploaded to the Site using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.

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.

General Provisions

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.

Refund Policy

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 pharmacists report all positive cases to patients via phone.