Terms & Conditions

INTRODUCTION

VirtualDr’s website and other products and services (collectively, the “Service”), are owned and operated by VirtualDr (and collectively with its subsidiaries, affiliates, successors, and assigns, “VirtualDr” “we,” or “us”). Please read these terms and Conditions (“Terms and Conditions”) carefully because they set forth the important terms you will need to know about the Service. In these Terms and Conditions, the terms “you” and “yours” refer to the person using the Service. Use of the Service is governed by these Terms and Conditions, and by using the Service you agree to abide by these Terms and Conditions as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms and Conditions, you are not authorized to access or otherwise use the Service or any information or Content contained on the Service, as defined in these Terms and Conditions. Your access to and use of the Service constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms and Conditions, do not use the Service.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

The service provides general health and wellness information and a means to interact with practitioners. It does not replace your relationship with any practitioner or service, and virtualdr, itself, does not provide medical or health advice, care, diagnosis, or treatment. None of the content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

SERVICE DESCRIPTION

The Service provides individuals accessing it with information on health care and other content pertaining to health topics (“Content”) and access to health care professionals and facilities offering their services via the Service (the “Practitioners”). The Service contains certain pages, sections, services, and content that are only available to registered members of VirtualDr services, including a means to obtain video-chat or electronic messaging consultations for a range of medical issues by facilitating the connection between you and Practitioners through use of the Service. The Practitioners who deliver services through VirtualDr’s Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession and do not interfere with the practice of medicine or any other licensed profession by Practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither VirtualDr nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Practitioner via the Services.

ELIGIBILITY

As you are aware persons who have attained 16 years of age or more are capable of giving or refusing consent in connection with their own care, unless there are reasonable grounds to believe otherwise. Findings of incapacity may be appealed to the Consent and Capacity Review Board. However, there is no stipulated age of consent. We highly recommend anyone below the age of 16 years to have a parent or guardian present during the encounter with the platform. Virtual Dr is aware that the age of majority is 18 years and that there is no stipulated age of consent for treatment.

 The Substitute Decisions Act presumes that persons 16 years of age or more are capable of giving or refusing consent in connection with their own care, unless there are reasonable grounds to believe otherwise. Findings of incapacity may be appealed to the Consent and Capacity Review Board. There is no reference to ‘advance directives’ in Ontario legislation. The Health Care Consent Act recognizes ‘wishes’, which ‘may be expressed in a power of attorney, in a form prescribed by the regulations, in any other written form, orally or in any other manner’. SDMs must be at least 16 years old, unless they are parents of an incapable patient. The Substitute Decisions Act provides for a ‘power of attorney for personal care’, where a person or persons can be authorized by the grantor to make decisions on the grantor’s behalf. SDMs must be at least 16 years old. In order for a patient to be eligible for this service they MUST be located in Canada.

NON-DISCRIMINATION

VirtualDr complies with applicable laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. VirtualDr does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

ACCOUNTS AND REGISTRATION; SECURITY

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, as further described in our Privacy Policy. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, if any, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us.

 You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law. Any such violations may result in criminal and/or civil penalties against you. VirtualDr may investigate any alleged or suspected violations and if a criminal violation is suspected, VirtualDr will cooperate with law enforcement agencies in their investigations.

MISSED APPOINTMENTS AND CANCELLATION POLICY

Appointments may be cancelled up to 30 minutes prior to the reserved appointment time. Not showing up to an appointment within 10 minutes of the start time will be considered a missed appointment and will incur a fee of $50. This fee is permissible and follows the guidance of the CPSO as per the CPSO Policy

TELECOMMUNICATION

You agree to using audio and/or video communication. This type of communication cannot replace the need for physical examinations or in person visits for some disorders or urgent problem. You understand the need to seek urgent care in an emergency department as necessary.

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED

We grant you the limited. This license does not include: any resale or commercial use of the Service or the Content; or any derivative use of the Service or the Content. Neither this Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of VirtualDr without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.

We (or the respective third-party owners of Content) retain all right, title, and interest in the Service and any Content and features offered on the Service, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.

INDEPENDENCE OF PRACTITIONERS

The professionals utilizing or featured on the Service are subscribers to and licensees of the Service and not employees of VirtualDr. Any opinions, advice, or information expressed by a health care facility, professional or specialist using or featured on the Service are of the facility, professional or specialist alone. They do not reflect the opinions of VirtualDr. VirtualDr does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a licensee of VirtualDr. The inclusion of Practitioners on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein. Such information is provided on an “as-is” basis and VirtualDr disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. VirtualDr shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Practitioners on the Service. The use of the Service by any entity or individual to verify the credentials of Practitioners is prohibited.

RIGHT TO MONITOR

VirtualDr shall have the right, but not the obligation, to monitor use of the Service and to remove from the Service any materials that VirtualDr, in its sole discretion, believes (i) are inappropriate, (ii) are illegal, (iii) may subject VirtualDr to liability or violate these Terms and Conditions, or (iv) otherwise inconsistent with VirtualDr’s purpose for the Site.

LINKS TO THIRD-PARTY SITES

As you view the Service, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Service. Certain of these linked websites may make use of VirtualDr’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from VirtualDr. VirtualDr is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by VirtualDr of the organizations sponsoring such third-party websites or their products or services. VirtualDr shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. VirtualDr is not responsible for the privacy practices of any other websites.

THIRD-PARTY INTERACTIONS

Your interactions with entities or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

You agree that VirtualDr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that VirtualDr is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VirtualDr, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

PROHIBITED USE

Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by VirtualDr to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by VirtualDr, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) any use other than the business purpose for which it was intended, is prohibited.

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise expressly stated, all content appearing on the Service is the copyrighted work of VirtualDr or its third-party content providers and is protected by Canadian and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Service is also the exclusive property of VirtualDr and is protected by Canadian and international copyright laws.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of VirtualDr or any applicable third-party suppliers.

MODIFICATIONS

This Service is continually under development, and VirtualDr reserves the right to revise or remove any part of these Terms and Conditions in its sole discretion at any time and without prior notice to you (however, VirtualDr will endeavor to provide you with prior notice of any material changes). Any changes to these Terms and Conditions are effective upon posting to the Service. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms and Conditions upon posting to the Service. If you disagree with these Terms and Conditions, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.

DISCLAIMERS

Content and other information contained on the Service is provided by VirtualDr as a convenience. Users relying on Content or other information from the Service do so at their own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUALDR DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. VIRTUALDR MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless VirtualDr from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service in a manner not authorized by these Terms and Conditions, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.

ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

CONTACT US

In the event you have any queries or comments concerning out services kindly reach through info@virtualdr.ca