RemoteDerm Rules

RemoteDerm ConsentTerms and ConditionsPrivacy Policy
1. Acceptance

It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and RemoteDerm.ca (the “ Teledermatology Website”). If you are under fourteen (14) years of age, the person with your parental authority would be considered the user and shall be referred as “You”. It states the terms and conditions under which you may access and use the Teledermatology Website and all written and other materials displayed or made available through the Teledermatology Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. The Owner may revise this Agreement at any time by updating this posting. Use of the Teledermatology Website after such changes are posted and will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

2. Medical emergency

Do NOT use the Teledermatology Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

3. General information is not medical advice

The general information provided on the Teledermatology Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Teledermatology Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Teledermatology Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

4. No physician-patient relationship

The presentation of general information on the Teledermatology Website does not establish a physician-patient relationship between you and any of its physicians and is not intended as a solicitation of individuals to become patients or clients of any of its physicians. This section does not apply to the extent that you are using the Teledermatology Website to communicate with a physician with whom you have an existing physician-patient relationship.

5. No endorsements

Unless specifically stated, the Teledermatology Website does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.

6. Patient portal services

If you are an existing patient, the Teledermatology Website may allow you to communicate with the website administration and your physician(s) by email or by some other electronic means. Communications sent by you to the Teledermatology Website administration or your physician, or to you by the website administration or your physician via email or this Website may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our privacy policy. The website may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient portal portion of the Teledermatology Website . You are solely responsible for the confidentiality and use of your Username and Password.

7. Email communication with the public

The website owner and administration team do not wish to use this Teledermatology Website as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email communications regarding such matters will not be responded to and will be discarded unread. If you are not an existing patient and you wish to contact the website owner and administration team or its physicians regarding medical questions or issues or with regard to appointments, accounts, or other questions, please do so by telephone, fax, or regular mail in the manner set out in the Teledermatology Website .

8. Disclaimer of warranties

The Teledermatology Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the website owner and administration team endeavour to provide information that is correct, accurate, current, and timely, the website owner and administration team make no representations, warranties, or covenants, express or implied, regarding the Teledermatology Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Teledermatology Website or any item(s) made available on or through the Teledermatology Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Teledermatology Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Teledermatology Website will be uninterrupted or error-free; (iv) that defects or errors in the Teledermatology Website or the Content, be it human or computer errors, will be corrected; (v) that the Teledermatology Website will be free from viruses or harmful components; and (vi) that communications to or from the Teledermatology Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Teledermatology Website and the Content is entirely at your own risk and liability.

9. Limitation of liability

In no event shall the website owner and administration team, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Teledermatology Website or the Content, or your inability to use the Teledermatology Website , regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the website owner and administration team knew of or ought to have known of the possibility of such damages. The website owner and administration team also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Teledermatology Website , or any advertiser or sponsor of the Teledermatology Website (“third-party”). Under no circumstances shall the website owner and administration team, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Teledermatology Website linked to or from the Teledermatology Website , regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

10. Indemnity

You agree to indemnify, defend, and hold harmless the Owner and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Teledermatology Website , the Content, or any Teledermatology Website to which the Teledermatology Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Teledermatology Website

11. Use of the Teledermatology Website

The Owner authorizes you to access and use the Teledermatology Website for your personal non-commercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Teledermatology Website , and its contents, are intended only for residents of Canada.

12. Copyright

The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution,republication, or other exploitation of the Teledermatology Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.

13. Limited licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and nonexclusive licence to access, view, and use the Teledermatology Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Teledermatology Website . In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.

14. Trademarks

RemoteDerm is a trademark of the Owner. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Teledermatology Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on the Teledermatology Website should not be taken to imply any relationship or licence between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services, or business of the owner of the said trademark.

15. Linking

The Teledermatology Website contains links to third-party Teledermatology Website s. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party Teledermatology Website or the content thereof. Unless expressly stated, the Owner does not operate any third-party Teledermatology Website linked to the Teledermatology Website and is not responsible for the content of any third-party Teledermatology Website , nor does it make any representation, warranty, or covenant of any kind regarding any third-party Teledermatology Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Teledermatology Website s; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Teledermatology Website s or material, content, software, goods, or services located at or made available through such third-party Teledermatology Website s; or (iii) any representation, warranty, or covenant that the operation of such third-party Teledermatology Website s will be uninterrupted or error free, that defects or errors in such third-party Teledermatology Website s will be corrected, or that such third-party Teledermatology Website s will be free from viruses or other harmful components. While the Owner encourages links to the Teledermatology Website , it does not wish to be linked to or from any third-party Teledermatology Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of the Owner; or (ii) any Teledermatology Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. The Owner reserves the right to prohibit or refuse to accept any link to the Teledermatology Website , including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Teledermatology Website upon the request of the Owner.

16. Submissions

The Teledermatology Website may provide features which allow you to post messages and content to designated areas on the Teledermatology Website , to participate in chat groups, to interact with the Owner and other users and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your physician pursuant to the physician-patient relationship. The Owner does not control the content of any Submissions and has no obligation to monitor the Submissions. However, the Owner reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in the Owner’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof. 1. Restrict or inhibit any other user from using and enjoying the Teledermatology Website , interfere or attempt to interfere with the proper workings of the Teledermatology Website , or do anything, which in the sole discretion of the Owner, imposes an unreasonable or disproportionately large load on the Teledermatology Website infrastructure; 2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation; 3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the Owner or rights holder; 4. Post or transmit any Submission which contains a virus or other harmful component; 5. Post or transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; and Use or “mine” the Teledermatology Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.

17. Rules of conduct regarding Submissions

When using any of the features of the Teledermatology Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Teledermatology Website that you do not:

18. Grant of licence regarding Submissions

By posting or uploading Submissions to the Teledermatology Website , you grant the Owner a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of the Owner; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that the Owner is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

19. Registration

To use certain features of the Teledermatology Website , you may be asked to create an account with the Teledermatology Website . When you register with the Teledermatology Website , you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If the Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Owner has the right to suspend or terminate your access to all or part of the Teledermatology Website . The Owner’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

20. Financial Transactions

RemoteDerm is using a third party site called “Stripe” to conduct its financial transactions. You agree to comply to terms and payment conditions of Stripe online payment platform. RemoteDerm does not keep any nominal banking data of the user on its browser.

21. Passwords

You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name and Password. You agree to notify the Owner immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Owner will not be liable for any loss or damage arising from the Owner’s failure or your failure to protect your Password or account information.

22. Security

Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Teledermatology Website .

23. Modification to Teledermatology Website

The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Teledermatology Website (or any part thereof ) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Teledermatology Website or any part thereof.

24. Use prohibited where contrary to law

Use of this Teledermatology Website is unauthorized in any jurisdiction where the Teledermatology Website or any of the Content may violate any laws or regulations. You agree not to access or use the Teledermatology Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

25. Governing law and jurisdiction

The Teledermatology Website Owner is licensed by Colleges of Physicians and Surgeons of Alberta. You agree that all matters relating to your access or use of the Teledermatology Website and its Content shall be governed by the laws of the Alberta province as well as the laws of Canada applicable therein, without regard to conflict of laws principles. You and RemoteDerm (Owner) mutually agree to forfeit any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Any dispute between RemoteDerm (Owners, physicians, its agents) and you arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration. By using this platform you agree to submit and resolve any and all disputes via arbitration in Alberta, Canada. You have to provide at least 2 month advanced written notice of your intent to file for arbitration by emailing info@RemoteDerm.ca with title Arbitration. The arbitration process needs to start within 6 months of cause of action arose or be forever waived and barred, unless such waiver is prohibited by law.

26. Waiver

Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

27. Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

28. Notice

Questions or comments regarding the Teledermatology Website should be directed by email to info@RemoteDerm.ca.

29. Disruption in Service

In no event shall RemoteDerm be held accountable for any default or delay in providing the Service due to war, act of hostility, natural disaster, failure of an electrical system, Internet network, or computer sabotage, or any other event beyond its control. RemoteDerm is committed to make all possible and reasonable efforts in order to resolve the effects of any such incidents.

30. Termination

The Owner may, in its sole discretion, cancel or terminate your right to use the Teledermatology Website , or any part of the Teledermatology Website , at any time without notice. In the event of termination, you are no longer authorized to access the Teledermatology Website , or the part of the Teledermatology Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Teledermatology Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

31. Entire Agreement

This is the entire Agreement between you and the Owner relating to your access and use of the Teledermatology Website