RemoteDerm Rules

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 ("the Service"). If you are under fourteen (14) years of age, the person with your parental authority would be considered the user and shall be referred to as “You”.

This Agreement states the terms and conditions under which you may access and use the Service and all written and other materials displayed or made available through the Service, 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 Service.

RemoteDerm may revise this Agreement at any time by updating this page. Use of the Service after such changes are posted and will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Do NOT use the Service 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.

The general information provided on the Service's website and blog 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 practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Service's website and blog 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 Service's website and blog. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program.

Information obtained on the Service's website and blog is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

The presentation of general information on the Service's 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 Service's website to communicate with a physician with whom you have an existing physician-patient relationship.

Unless specifically stated, the Service does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Service's website and blog.

If you are an existing patient, the Service's tele-dermatology platform located at patient.remotederm.ca ("the Platform"), may allow you to communicate with the Service's administration and your physician(s) by email or by some other secure electronic means.

Communications sent by you to the Service's administration or your physician, or to you by the Service's administration or your physician via email or outside of the Platform 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 Service may issue to you a username (“Username”) and a password (“Password”) to permit you to access the the Platform portion of the Service. You are solely responsible for the confidentiality and use of your Username and Password.

RemoteDerm and its administration team do not wish to use this Service's 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 RemoteDerm and its administration team or physicians regarding medical questions or issues or with regard to appointments, accounts, or other questions, please do so by options available to you in our contact-us page.

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

In no event shall RemoteDerm and its 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 Service or the Content, or your inability to use the Service, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if RemoteDerm and its administration team knew of or ought to have known of the possibility of such damages.

RemoteDerm and its administration team also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Service, or any advertiser or sponsor of the Service (“third-party”). Under no circumstances shall RemoteDerm 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 Service linked to or from the Service, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if RemoteDerm and its administration team knew of or ought to have known of the possibility of such damages.

You agree to indemnify, defend, and hold harmless RemoteDerm 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 Service, the Content, or any Service to which the Service 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 Service.

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

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

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and nonexclusive license to access, view, and use the Service 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 post 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 Service.

In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

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

The Service contains links to third-party Services. These links are provided solely as a convenience to you and not as an endorsement by RemoteDerm of any third-party Service or the content thereof.

Unless expressly stated, RemoteDerm does not operate any third-party services linked to the Service's website and is not responsible for the content of any third-party Service, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Service 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 Service(s); (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Service(s) or material, content, software, goods, or services located at or made available through such third-party Service(s); or (iii) any representation, warranty, or covenant that the operation of such third-party Service(s) will be uninterrupted or error free, that defects or errors in such third-party Service(s) will be corrected, or that such third-party Service(s) will be free from viruses or other harmful components.

While RemoteDerm encourages links to the Service's website, it does not wish to be linked to or from any third-party Service(s) 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 Service 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 Service's 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 Service's website upon the request of RemoteDerm or any of its administrative staff.

The Service's website may provide features which allow you to post messages and content to designated areas on the Service's website, to participate in chat groups, to interact with RemoteDerm staff 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.

RemoteDerm does not control the content of any Submissions and has no obligation to monitor the Submissions. However, RemoteDerm 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 RemoteDerm’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 Service's website, interfere or attempt to interfere with the proper workings of the Service, or do anything, which in the sole discretion of RemoteDerm, imposes an unreasonable or disproportionately large load on the Service 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 offense, 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 Service 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.

By posting or uploading Submissions to the Service, you grant RemoteDerm a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide license 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 license, you hereby (i) waive all moral rights in your Submission in favor of RemoteDerm; (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.

To use certain features of the Service, you may be asked to create an account with the Service. When you register with the Service, 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 RemoteDerm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RemoteDerm has the right to suspend or terminate your access to all or part of the Service.

RemoteDerm’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy and Cookie Policy.

RemoteDerm is using a third party site called “Stripe” to conduct its financial transactions. You agree to comply with the consumer terms use of Stripe online payment platform.

RemoteDerm does not keep any nominal banking data of the user on its browser or infrastructure.

RemoteDerm is a professional service provider. Most of what you pay for the service goes to the physician that takes care of your case. For this reason, we do not issue refunds after your case was assessed by a physician. We issue refund for only the following scenarios:

1. You open the case, but you realize you no longer want our service prior to your case being assigned and assessed by a physician. In this scenario, you must leave a note on your case that says you no longer wish to receive the service prior to the the doctor's first response and notify us via support@remotederm.ca, and we issue you the full refund and close your case.

2. If you purchased 24 hour service, but for whatever reason such as emergencies or long backlog of cases, the doctor is not able to get back to you for the first time within the 24 hours, but the doctor still replies to you within the 72 hour period, we issue you a refund for the difference between the 24 hour package and the 72 hour package.

3. If you mean to request for a followup, please click the followup button in your case or on the right side of case list for the case you want to followup with. In case you made a mistake and you created a new case for an existing concern and paid for the full consultation again, we would refund you the difference between full consultation and the followup fee. We will close the new case and re-open your previous case for followup. If you made this mistake, please contact our support via email: support@remotederm.ca.

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 RemoteDerm 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.

RemoteDerm will not be liable for any loss or damage arising from RemoteDerm’s failure or your failure to protect your Password or account information.

You agree to receive recurring SMS/text messages from and on behalf of RemoteDerm LLC. through your wireless provider to the mobile number provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates regarding your case, registration and account related notifications, promotions, specialist, and other marketing offers.

We use a service called Klaviyo for sending SMS and Emails. By using this service, you consent that you have read and agreed to Klaviyo's privacy policy.

You understand that you do not have to opt into mobile SMS for creating a case and using our service, and your consent is not a condition of any service purchase with RemoteDerm. You opting into receiving SMS is completely voluntary.

We do not charge for Mobile SMS, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18443250641 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Your agree and understand that communication via SMS does not meet the provisions of Personal Information Protection and Electronic Document Act (PIPEDA). Hence you should never send any SMS regarding any medical related questions.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile SMS, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

The chatbot on our website is powered by a third-party provider called Tidio. RemoteDerm uses this chatbot to provide you with answers to frequently asked non-medical questions about RemoteDerm's services. The chatbot does not meet the provisions of Personal Information Protection and Electronic Document Act (PIPEDA). Hence it should not be used to ask any medical related questions.

To securely seek medical advise for your dermatology needs through RemoteDerm, please sign up or log in if you already have an account. You can alternatively use our contact-us page or email us to support@remotederm.ca with any questions you may have before signing up.

By using the chatbot, you acknowledge that you fully understand the risks, limitations, conditions, and instructions for use. You understand and accept the risks associated with the use of the chatbot service and you agree with Tidio's Privacy Policy. You acknowledge and agree that despite recommendations that encryption software be used as a security mechanism for electronic communications, it is possible that communications using this chatbot may not be encrypted. Despite this, you agree to communicate with this chatbot with a full understanding of the risk involved. You acknowledge that you may, at any time, withdraw the option of communicating electronically through this service by closing the chat window.

Any information sent or received over the Internet is generally not secure. RemoteDerm cannot guarantee the security or confidentiality of any communication to or from the Service.

RemoteDerm reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you.

RemoteDerm shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Service or any part thereof.

Use of this Service is unauthorized in any jurisdiction where the Service or any of the Content may violate any laws or regulations. You agree not to access or use the Service 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.

The Service Owner is licensed by Colleges of Physicians and Surgeons of Alberta. You agree that all matters relating to your access or use of the Service 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 months advance written notice of your intent to file for arbitration by emailing support@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.

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

The invalidity or un-enforceability 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.

Questions or comments regarding the Service should be directed by email to support@RemoteDerm.ca.

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.

RemoteDerm may, in its sole discretion, cancel or terminate your right to use the Service, or any part of the Service, at any time without notice. In the event of termination, you are no longer authorized to access the Service, or the part of the Service affected by such cancellation or termination.

The restrictions imposed on you with respect to material downloaded from the Service and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. RemoteDerm shall not be liable to any party for such termination.

This is the entire Agreement between you and RemoteDerm relating to your access and use of the Service.