TERMS OF USE

Your Acceptance of these Terms of Use

Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (“you” or “your”) and Clinico (referred to as “Clinico”, “we”, “us” or “our”).

If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use.  If you do not agree to these terms of use, then you must not access or use our website.

You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

These terms of use were last updated on the “Updated” date indicated above.  We reserve the right, at our sole discretion, to modify these terms of use at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these terms of use at: www.clinico.ca/terms

Eligibility to Use the Website

You hereby represent and warrant that, and you will use our website only if, at the time of use, you: (i) are 18 years of age or older; and (ii) can lawfully enter into and form contracts in accordance with applicable local laws.  

Use of Our Website

The website is only intended for access and use by users located within Ontario, Canada.  If you access our website from another jurisdiction, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Clinico grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal use, and in compliance with all applicable laws.  Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license.  

Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications.  Clinico is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.

All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.

Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.

Trademark and Copyright Information

Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”).  Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.  Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Clinico.

You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Clinico, and agree to abide by any and all copyright notices displayed on our website.  For greater certainty, (i) the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Clinico’s prior written approval.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website.  Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.

Information Disclaimer, No Recommendation

Part of the purpose of this website is to connect you with health care providers.  You should not act or rely on any Content without first seeking the advice of appropriate health care providers.  

The Content on this website is provided solely for informational purposes.  That Content is not medical advice and does not replace consultations with a qualified health care provider.  Reliance on any information provided by Clinico appearing on or provided in relation to the Website (including Content) is solely at your own risk.

Your Privacy

We respect your right to privacy.  All information that we may collect via our website is subject to our privacy statement, which is accessible at: www.clinico.ca/privacy.

Your Conduct

To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

  1. is unlawful;
  2. includes personal or identifying information about another person without that person’s explicit consent;
  3. impersonates any person or entity, including, but not limited to, a Clinico employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. is harmful, threatening, abusive, harassing, defamatory, pornographic;
  6. harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  7. constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
  10. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.

You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Clinico or any other person as a result of your submission of any information on or through our website.

Clinico reserves the right to refuse to post or to remove any content, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of these terms of use.

Your Account

Certain sections of our website may only be available to you upon registration for a website account. By registering, you represent and warrant to Clinico that: (a) all information provided by you to Clinico during the registration process is truthful, accurate and complete; and (b) you will comply with these terms of use.

As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.

You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers, other users and other persons may incur as a result of (i) your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our website.

You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content – including (without limitation) losses by other users. You agree to immediately notify us of any unauthorized use of your account.

Disclaimer Regarding Third Party Content 

Our website may offer access to third party websites and content available over the Internet. Clinico generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.  You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Clinico of such content. You further agree that Clinico shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

Disclaimer of Warranties and Liability

OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Clinico does not warrant the accuracy or completeness of the Content.  Clinico and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website.  As noted above, Clinico may make changes to our website at any time without notice. However, Clinico makes no commitment to update the information contained herein.

Indemnity

You agree to indemnify and hold Clinico and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

General Matters

These terms of use constitute the entire agreement between you and Clinico regarding your use of our website, superseding any prior agreements between you and Clinico. These terms of use and the relationship between you and Clinico shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions.  You and Clinico agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Clinico to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use 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 these terms of use remain in full force and effect.  You may not assign any of your rights and obligations under this Agreement; Clinico may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

Last revised: February 6, 2020