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in4MED TERMS OF USE

 

Please read these terms of use carefully before using this website. If you do not agree with all of these terms of use, do not use this website.

 

No content on this site, regardless of date, should ever be used as a substitute for direct medical advice from your doctor or other qualified clinician or healthcare professional.

This website does not provide medical advice

 

The information available through this website is provided for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. If you have or suspect you have a health problem, please consult a physician. If you have or suspect you are experiencing a health emergency, please promptly visit a hospital emergency department in your area.

Use at your own risk

Reliance on any information appearing through or provided in relation to this website is solely at your own risk. in4MED will not be liable for any damages arising out of the use, inability to use, or the results of use of this website or any materials, services or products contained in or provided, recommended or mentioned on this website. When you use this website, information will be transmitted over the Internet, which is beyond the control and jurisdiction of in4MED. As such, in4MED assumes no liability for or relating to delay, failure, interruption or corruption of any information transmitted in connection with the use of this website. As with any website that transmits information over the internet, there is some risk that personal information about you, including your personal health information, may be accessed by people not authorized to access it. In using this website, you accept these privacy risks, and understand that in4MED cannot protect you from them.

 

No endorsement

Any reference, recommendation, advertisement or promotion on this website to any form of external care does not imply that in4MED endorses, recommends or favours the service(s) and/or service provider(s) mentioned. The views, opinions and recommendations expressed here do not necessarily reflect those of in4MED and are not an endorsement by in4MED.

Terms of Use

The following terms of use (the “Terms of Use”) govern your access to and use of: (a) the in4MED website located at www.in4med.ca (the “in4MED website”) and (b) all other services provided by in4MED, as described on, or provided through, the in4MED website. These Terms of Use form an agreement between in4MED (“in4MED”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity visiting the in4MED website, browsing, downloading, accessing, or otherwise using the in4MED platform (“use” or “using” in these Terms of Use will mean any of the foregoing).

 

BY USING THE IN4MED PLATFORM (AS THAT TERM IS DEFINED ABOVE), YOU: (A) REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (B) AGREE TO BE BOUND BY AND COMPLY 

WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU MUST NOT USE THE IN4MED PLATFORM. IF YOU ARE USING THE IN4MED PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT THE IN4MED PLATFORM AND THE IN4MED SERVICES PROVIDED BY US OR THROUGH THE IN4MED PLATFORM ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT.

 

1. Permitted Use

The in4MED platform is provided solely (the “Permitted Use”) to assist you by providing you with information and resources that may be helpful to you.

As a condition of your use of the in4MED platform, you represent and warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the in4MED platform in accordance with these Terms of Use; and (d) all information supplied by you on the in4MED platform is true, accurate, current and complete. In4MED retains the right, at its sole discretion, to deny you access to the in4MED platform or the services it offers, at any time and for any reason, including but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by in4MED.

 

2. Changes to these Terms of Use and in4MED platform

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued access to or use of the in4MED platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly. We reserve the right to change any designs, graphics, pictures, videos, music, sounds, names, words, titles, phrases, logos, marks, information, material, images, text, data, media or content contained on or provided through the in4MED platform, including any plans or information about third party providers of health or medical-related products or services (the “Content”) at any time, and from time to time, without notice.

 

3. Data You Upload To Us

You grant to us a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store, and use any data, information, records and files that: (a) you load, transmit to or enter into the in4MED platform (including through a mobile device); or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing in4MED’s services and making available the in4MED platform; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.

 

4. Ownership

The in4MED platform and the Content, including (without limitation) all designs, graphics, pictures, illustrations, software, artwork, videos, music, sounds, names, words, titles, phrases, logos and marks displayed on the in4MED platform, are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws. We expressly reserve all rights in the in4MED platform, the Content, and all materials provided by us to you in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the in4MED platform, the Content, and all other materials provided hereunder, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or our third party suppliers, if applicable), and that the in4MED platform and all materials provide by us hereunder are licensed and not “sold” to you.

 

5. No Unlawful or Prohibited Use

You will not, without our prior written permission, use the in4MED platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to): (a) “frame”, “mirror”, “deep-link” or otherwise incorporate the in4MED platform or the Content or any part thereof on any website; (b) access, monitor or copy any part of the in4MED platform or the Content using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Content or the in4MED platform or bypass or circumvent other measures employed to prevent or limit access to the in4MED platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the in4MED platform; (e) use the in4MED platform or Content as part of any service for sharing, lending or multi-person use, or for the benefit of any third party; (f) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the in4MED platform; (g) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the in4MED platform or the Content; (h) create derivative works based on the in4MED platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the in4MED platform or the Content; (i) use or access the in4MED platform or the Content in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party; or (j) upload or transmit through the in4MED platform any information, images, text, data, media, or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.

6. Viruses

The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the in4MED platform or the Content are compatible with your computer system or that the in4MED platform or the Content, or any links from the in4MED platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the in4MED platform.

 

7. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the in4MED platform. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the in4MED platform.

8. Health and Medical Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT: (a) YOU SHOULD ONLY RELY ON YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL FOR ADVICE ON ALL MEDICAL DECISIONS. THE IN4MED PLATFORM AND THE IN4MED SERVICES PROVIDED BY US THROUGH THE IN4MED PLATFORM ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT; AND (b) THE IN4MED PLATFORM IS NOT INTENDED FOR USE IN EMERGENCY, CRITICAL CARE, OR OTHER HIGH RISK SITUATIONS.

9. Disclaimer of Information Regarding Third Party Service Providers

WHILE THE IN4MED PLATFORM MAY PROVIDE INFORMATION (INCLUDING LINKS TO WEBSITES AND OTHER CONTACT INFORMATION) RELATED TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES SUCH AS PHARMACIES, THERAPISTS, SUPPLIERS OR MEDICAL OR HEALTH PRODUCTS, AND OTHER THIRD PARTY SERVICE PROVIDERS, WE DO NOT ENDORSE ANY INFORMATION, PRODUCT OR SERVICES PROVIDED BY SUCH THIRD PARTIES, NEITHER DO WE GUARANTEE THE QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF SUCH INFORMATION, PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES ARE NOT UNDER OUR CONTROL AND THAT YOU USE SUCH INFORMATION, SERVICES AND PRODUCTS ENTIRELY AT YOUR OWN RISK.

10. Disclaimer and Limitation of Liability

THE IN4MED PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE IN4MED PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE IN4MED PLATFORM OR CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL WE 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 WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM OR RELATED TO THESE TERMS OF USE, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF, THE IN4MED PLATFORM OR THE CONTENT. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE IN4MED PLATFORM OR THE CONTENT EXCEED TEN CANADIAN DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. The limitation above reflects the allocation of risks 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.

11. Indemnification

You will defend, indemnify and hold harmless us and all of our 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:

(a) your breach of any provision of these Terms of Use or any documents referenced herein;

(b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or

(c) your use of the in4MED platform or the Content (including, without limitation, your use of the in4MED platform in connection with any medical or health activities).

12. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and such laws apply to your access to or use of the in4MED platform or the Content, not withstanding your domicile, residency or physical location. You will only use the in4MED platform and the Content in jurisdictions where the in4MED platform and the Content may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Kitchener, Ontario, Canada in all disputes arising out of or relating to the use of the in4MED platform or the Content.

13. Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the in4MED platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

 

It is the express wish of the parties that these Terms of use and all related documents be drawn up in English.

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