Terms and Conditions

Last updated: July 11, 2023

MEDICAL DISCLAIMER. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS.

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE BURNABY DIVISION OF FAMILY PRACTICE SOCIETY (BEING THE OWNER AND ADMINISTRATOR OF CLINICALL.CA) AND THE OTHER PARTICIPATING DIVISIONS THE FAMILY PRACTICE SOCIETY. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE CLINICALL. BY CLICKING “I AGREE TO THE TERMS AND CONDITIONS”, OR BY USING OR ACCESSING CLINICALL, YOU REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS.

1. Your Relationship with Us

Welcome to our website clinicall.ca (the “Website”), which is owned and administered by the Burnaby Division of Family Practice Society (“BDFP”) in collaboration with other participating divisions of the Family Practice Society (“Other Divisions” and, together with the BDFP, the “Organization”, “we”, “our” or “us”).

These Terms and Conditions (the “Terms”) govern the relationship, and serve as a legally binding agreement, between you and us and set forth the terms and conditions on which you may access and use the Website, any software embedded therein (the “Software”), and any related services we provide through the Website or the Software, including the features, content, and functionality thereof (the “Services” and, together with the Website and the Software, “CliniCall”). Any reference to CliniCall includes a reference to any part of the Services. For purposes of the Terms, “you” and “your” means you as the user of CliniCall.

2. MEDICAL DISCLAIMER: THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

CLINICALL IS NOT INTENDED FOR EMERGENCY PURPOSES. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS.

The content on CliniCall, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on CliniCall. Reliance on any information provided herein is solely at your own risk. The information provided on CliniCall is designed to support, not replace, the relationship that exists between patient/site visitor and his/her/their physician. It does not create any patient-physician relationship between you and the Organization, and should not be used as a substitute for professional diagnosis and treatment. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on CliniCall.

Please consult your health care provider before making any health care decisions or for guidance about a specific medical condition. IN ADDITION TO ANY FURTHER DISCLAIMERS SET FORTH HEREIN, THE ORGANIZATION EXPRESSLY DISCLAIMS RESPONSIBILITY, AND SHALL HAVE NO LIABILITY, FOR ANY DAMAGES, LOSS, INJURY, OR LIABILITY WHATSOEVER SUFFERED AS A RESULT OF YOUR RELIANCE ON THE INFORMATION OR CONTENT CONTAINED IN CLINICALL.

3. Age and Acceptance of Terms.

CliniCall is only for users 19 years old and over OR for users who are under 19 years old AND have the consent of their parent or guardian. By accessing or using CliniCall, you confirm that: (a) (i) you are over 19 and can form a binding contract with the Organization or (ii) you are under the age of 19 and your parent or guardian has consented to, and will supervise your use of, CliniCall; (b) you (and your parent or guardian, if applicable) accept the Terms; and (d) you (and your parent or guardian, if applicable) agree to comply with the Terms.

You understand and agree that we will treat your access or use of CliniCall or any part thereof as acceptance of the Terms and the Privacy Policy. You should print off or save a local copy of the Terms for your records.

If you are 19 years old and over and you do not agree to the Terms or the Privacy Policy, or you are under 19 years old and your parent or legal guardian does not consent and agree to the terms or the Privacy Policy on your behalf, you must not access or use CliniCall.

4. Changes to the Terms

We reserve the right in our sole and absolute discretion to revise and update the Terms from time to time. All changes are effective immediately upon posting and apply to your continued access to and use of CliniCall. We may post reminders and summary information about material changes to the Terms, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review them. You agree to periodically review the Terms in order to be aware of any such changes and your use of CliniCall now, or your continued use, shall mean your acceptance of any such changes, whether given notice or not. If you do not agree to the Terms as applicable from time to time, you must stop accessing or using CliniCall.

For clarity, if any of the terms and conditions of the Terms, or any future modifications thereto, are unacceptable to you, you must discontinue your use of CliniCall.

The information and material on CliniCall, and CliniCall itself, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. You acknowledge that this may impact the use, functionality, or value of CliniCall. You agree that we will not be liable if, for any reason, all or any part of CliniCall are changes, withdrawn, terminated, restricted to users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality or value of CliniCall.

5. Use of CliniCall, Third Party Booking Platforms and Security

CliniCall acts as a central hub to connect you and other users with participating physicians, clinics and/or other health care resources in our network. When you select a physician, clinic and/or other healthcare resource through CliniCall, you will be re-directed to such physician’s, clinic’s and/or other healthcare resource’s third party website, booking platform, applications and/or other applicable resources (“Third Party Resources”). Although you do not require a username or account to access CliniCall, you may be required to create an account and/or username and provide certain personal information to us, the physician, clinic and/or other third parties when you book an appointment. The owners of Third party Resources are solely responsible for the privacy practices or content of those such Third Party Resources. We do not endorse and will not be responsible for the privacy practices of these third parties.

IN CONSIDERATION OF YOUR USE OF CLINICALL, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (I) WE HAVE NO CONTROL OVER MEDICAL PRACTICES AND HEALTHCARE SERVICES OF ANY PARTICIPATING PHYSICIANS, CLINICS AND/OR OTHER HEALTHCARE RESOURCES OR SERVICE PROVIDERS, INCLUDING THE CONTENTS OF ANY THIRD PARTY RESOURCES, AND YOU WILL BE USING ALL LINKED THIRD PARTY RESOURCES AT YOUR OWN RISK; (II) LINKS TO THIRD PARTY RESOURCES SHOULD NOT BE INTERPRETED AS APPROVAL OR ENDORSEMENT BY US OF SUCH THIRD PARTY RESOURCES NOR ANY INFORMATION YOU MAY OBTAIN FROM THEM AND IT IS YOUR SOLE RESPONSIBILITY TO REVIEW THE RESPECTIVE PRIVACY POLICIES AND TERMS OF USE OF SUCH THIRD PARTY RESOURCES; AND (III) WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES, LOSSES OR DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF HEALTHCARE SERVICES OF ANY PARTICIPATING PHYSICIANS, CLINICS AND/OR OTHER HEALTHCARE RESOURCES OR SERVICE PROVIDERS NOR ANY THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED ACCESS TO, OR COLLECTION OF, YOUR ACCOUNT OR USERNAME (IF ANY) OR OTHER PERSONAL INFORMATION RESULTING FROM YOUR USE OF ANY THIRD RESOURCES.

We have provided below a way for you to contact us about various issues (See “Any Questions?”). You acknowledge and understand that this is the only authorized way to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as the Organization or “CliniCall”. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your account(s) (if any) or personal information through any Third Party Resources (if any) or other loss resulting from such fraud or other malfeasance by third parties.

You also understand that we maintain a Website. Third parties may advertise or publish information about or posing as the Organization or CliniCall, including our Website and Services. We cannot verify the authenticity of any such advertisements, publications, or other information and they pose a risk of fraud or other malfeasance, so we strongly recommend a degree of caution when reviewing such advertisements, publications, or other information.

6. Intellectual Property Rights; Limited Licence

  1. Intellectual Property Rights: As between you and the Organization, BDFP owns any and all rights, title, and interest in and to CliniCall and any and all data and content made available in and through CliniCall, including all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effects, sound recordings, features, functionality, design, presentation videos, visual effects, Accounts, selection and arrangement thereof and “look and feel” of CliniCall, and all intellectual property rights related to the foregoing and CliniCall (the “BDFP Content”). Put simply, CliniCall and the BDFP Content (including all components thereof) are the property of BDFP, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and any other proprietary rights.
  2. Trademarks: The names and logos of BDFP, including “CliniCall”, and of CliniCall and all related names, logos, product and service names, designs, images and slogans (collectively, “Marks”) are trademarks of BDFP, or our respective affiliates or licensors. You must not use such Marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on CliniCall are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
  3. Limited Licence: You acknowledge and agree that you have no ownership rights in CliniCall or the BDFP Content. Subject to your compliance with all of the Terms, we grant you a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited licence to access and use the Services and to access the BDFP Content solely for your personal, non-commercial use. We reserve all rights not expressly granted herein in or to CliniCall and BDFP Content.

You acknowledge that your use of the BDFP Content for any purpose not expressly permitted by the Terms is strictly prohibited. Without limiting the restrictions in Section 8: (a) neither BDFP Content nor the design or layout of CliniCall, nor any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent; and (b) you cannot create any work of authorship or proprietary right based on CliniCall (including BDFP Content).

7. Third Party Website or Services

Where CliniCall may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them, and we are not responsible for any consequences, losses, or damages that may arise from your access or use of such sites or resources. For clarity, if you choose to access any such sites or resources, you do so at your own risk.

We have the right, without notice, to insert advertising data into CliniCall, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on CliniCall, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.

8. Feedback

While we are continually working to develop and evaluate our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply to the Feedback. Accordingly, by sending Feedback to us, you agree that:

  • We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  • Feedback is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way;
  • You irrevocably grant BDFP an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable (including via multiple tiers of sublicensing), transferrable licence to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified;
  • You have been deemed to have warranted to us that you have or own all the necessary legal rights to upload, post, or submit such Feedback and grant us (and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns) the licence to the Feedback, and that the Feedback does not and will not violate any law or the intellectual property, privacy, publicity, or other rights of any person;
  • You understand and agree that you are fully responsible for any Feedback you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, and your rights to use it; and
  • You waive any moral rights or other rights of authorship in and to any Feedback in favour of the Company, including any rights you may have in the altered or changed Feedback even if it is no longer agreeable to you.

9. Updates, Interruption, and Termination

  1. Updates: From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to CliniCall. You understand that your access to certain features of CliniCall might be affected by such updates. You also understand that such updates may affect the necessary system specification required to use CliniCall. In such case, you are responsible for any necessary equipment to continue to access CliniCall.
  2. Interruption: You acknowledge that CliniCall or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will be uninterrupted. We will not be liable for any interruption of CliniCall, delay, or failure to perform resulting from any causes whatsoever. Additionally, CliniCall may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue CliniCall at any time in our sole discretion, for any reason, or for no reason, with or without notice.
  3. Suspension or Termination: To the extent allowable by applicable law, we reserve the right to suspend, terminate or otherwise restrict your access to CliniCall in any manner and at any time for any reason, including, without limitation, if you have failed to comply with any of the provisions of the Terms. Termination or suspension of access may entail the termination or suspension of your licence to use CliniCall, or any part thereof.

10. Acceptable Use

As a condition of your access to and use of CliniCall, you agree that you will use CliniCall only for lawful purposes in accordance with the Terms and all applicable laws and regulations. Without limiting the foregoing, you agree that you will not in any manner, directly or indirectly, do or permit any of the following:

  1. access or use CliniCall if you are not fully able and legally competent to agree to the Terms;
  2. violate, or promote the violation of, any applicable federal, provincial, local, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others);
  3. violate the terms of use of any third-party website or service that is linked to CliniCall, including any third-party social media websites or payment processors;
  4. except as expressly permitted by the Terms or applicable law, directly or indirectly make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, publicly display, republish, download, store, transmit or create any derivative works of CliniCall or any content included therein, including any Software (except that your computer and browser may temporarily store or cache copies of materials being accessed and viewed), or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by CliniCall or any derivative works thereof;
  5. publicly display or publish the BDFP Content (for any commercial or non-commercial purpose);
  6. alter, edit, delete, remove otherwise change the meaning or appearance of, or repurpose, any of the content, code, data or other materials on or available through CliniCall, including, without limitation, the alteration or removal of any copyright, trademark, or other proprietary rights notices;
  7. engage in spidering, “screen scraping”, “database scraping”, harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through CliniCall, including without limitation, any information residing on any server or database connected to CliniCall or any Third Party Resources;
  8. market, rent, or lease CliniCall for a fee or charge, or use CliniCall to advertise or perform any commercial solicitation;
  9. use CliniCall or any part thereof, without our express written consent, for any commercial, political, or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
  10. interfere with or attempt to interfere with the proper working of CliniCall, disrupt our website (if any), or any networks connected to CliniCall, or bypass any measures we may use to prevent or restrict access to CliniCall;
  11. incorporate CliniCall or any portion thereof into any other program or product;
  12. use automated scripts, software, code, or systems to collect information from or otherwise interact with CliniCall;
  13. interfere with or attempt to interfere with the proper working of CliniCall, disrupt our website (if any), or any networks connected to CliniCall, or bypass any measures we may use to prevent or restrict access to CliniCall;
  14. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from CliniCall;
  15. encourage any conduct that restricts or inhibits anyone’s use or enjoyment of CliniCall, or which, as determined by us, may harm us or users of CliniCall or expose us or them to liability;
  16. involve, provide, or contribute any false, inaccurate, or misleading information;
  17. impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including by using email addresses, or screen names associated with any of the foregoing);
  18. involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
  19. promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  20. use CliniCall in a manner that may create a conflict of interest or undermine the purposes of CliniCall; or
  21. use or exploit any bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to CliniCall.

While we will take steps to monitor Feedback on CliniCall, we make no representations or guarantees that we will be able to review all material that you or other users submit to CliniCall or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

11. Limited Use and Location

We administer and operate CliniCall from British Columbia, Canada. Although CliniCall may be accessible in many provinces territories throughout Canada and the world, the Services are intended for the exclusive use of residents of British Columbia, Canada and are not being provided, offered or otherwise made available to any persons or in any geographic locations outside British Columbia, Canada. If you access CliniCall from outside British Columbia, Canada or are not a resident of British Columbia, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Certain physicians, clinics and/or other healthcare resources or service providers may offer and provide “virtual care” or other healthcare services. Physicians and clinics are solely responsible for ensuring they are appropriately licensed to offer and provide, and that you are qualified to receive, virtual care and/or other healthcare services. We do not endorse and will not be responsible for the medical practices or provision of healthcare services of any participating physicians clinics and/or other healthcare service providers, including their decision to offer and provide virtual care and/or other healthcare services. You acknowledge that the above geographic restrictions also apply to any virtual care.

12. Indemnity

To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless BDFP, the Other Divisions and each of their respective affiliates, managers, officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you, or any person directed by you, of any applicable obligation, representation, or warranty under the Terms; (ii) the content of or any inaccuracy in your Feedback; (iii) our use or publication of your Feedback infringes any third party intellectual property rights; (iv) your access to or use of, or activities in connection with, CliniCall; (v) your violation of any applicable laws, rules, regulations, or contracts; or (vi) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.

13. EXCLUSION OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE; AND (II) WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, INCLUDING ALL CONDITIONS, WARRANTIES, OR OTHER TERMS, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE WITH DESCRIPTION), EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.

IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF CLINICALL WILL MEET YOUR REQUIREMENTS;
  • YOUR USE OF CLINICALL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
  • CLINICALL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

ANY CONTENT OR INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF CLINICALL WILL BE ACCURATE OR RELIABLE; OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF CLINICALL WILL BE CORRECTED. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF CLINICALL FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH CLINICALL BEFORE RELYING ON IT. YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS, INCLUDING OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE OR LOSS, CONNECTED WITH YOUR USE OF CLINICALL HOWSOEVER ARISING

YOUR USE OF CLINICALL MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (I) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (II) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.

14. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, IN NO EVENT WILL WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE PRIVATE CARE NETWORK MEMBERS, AGENCIES, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“ORGANIZATION PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR LOST OPPORTUNITY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ORGANIZATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, AND YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE ORGANIZATION PARTIES FROM AND AGAINST ALL OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ORGANIZATION PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EXCLUDED DAMAGES INCLUDE ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON CLINICALL;
  • ANY CHANGES WHICH WE MAY MAKE TO CLINICALL, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF CLINICALL (OR ANY FEATURES WITHIN CLINICALL);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF CLINICALL;
  • YOUR FAILURE TO PROVIDE US WITH ACCURATE USER / PERSONAL INFORMATION; OR
  • TO THE EXTENT APPLICABLE, YOUR FAILURE TO PROVIDE US OR ANY THIRD PARTY WITH ACCURATE ACCOUNT INFORMATION AND TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE CLINICALL FOR PRIVATE USE BY YOU IN THE PROVINCE OF BRITISH COLUMBIA, CANADA. YOU AGREE NOT TO USE CLINICALL FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS, INCLUDING ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY IF YOU USE CLINICALL IN CONTRAVENTION OF THE TERMS.

YOU ARE RESPONSIBLE FOR ANY INTERNET OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF CLINICALL, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING CLINICALL.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF CLINICALL, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

IN NO EVENT WILL THE ORGANIZATION PARTIES’ TOTAL, AGGREGATE LIABILITY, WITH RESPECT TO CLINICALL, EXCEED CAD$1.00. YOU ACKNOWLEDGE THAT THAT IF NO SUCH FEES ARE PAID BY YOU TO US FOR CLINICALL, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

15. Privacy Policy

You also acknowledge that our Privacy Policy will also apply to your use of CliniCall. By using CliniCall, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of certain personal information as further set-out in our Privacy Policy. Our Privacy Policy can be found directly on our Website at https://clinicall.ca/privacy-policy/ and are incorporated herein by reference.

By using CliniCall you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some aspects and other functions of CiniCall may not function adequately.

16. Other Terms

  1. Applicable Law and Jurisdiction. The Terms, their subject matter and their formation, are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules.
  2. Dispute Resolution. Most concerns regarding CliniCall can be resolved quickly and to a user’s satisfaction by emailing us at clinicallprivacy@burnabydivision.ca. However, any dispute arising out of or in connection with the Terms that cannot be resolved informally, the parties consent to the exclusive jurisdiction of the provincial and federal courts sitting in Vancouver, British Columbia in relation to any dispute arising under the Terms. Despite the previous sentence, either party may apply to a court of competent jurisdiction for injunctive relief.
  3. Entire Agreement. The Terms and our Privacy Policy constitute the whole legal agreement between you and the Organization and govern your use of CliniCall and completely replace any prior agreements between you and the Organization (if any) in relation to CliniCall.
  4. Interpretation. In the Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of the Terms, (b) the word “including”, the word “includes” the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to CliniCall will also include any successor or replacement applications, websites, content, or services containing substantially similar information to CliniCall, as the referenced herein.
  5. Assignment. We may at any time assign our rights and obligations under the Terms, in whole or in part, without notice to you. You may not assign the Terms without our prior, written consent. The Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
  6. No Waiver. Our failure to insist upon or enforce any provision of the Terms will not be construed as a waiver of any provision or right.
  7. Security. The transmission of information via the internet is inherently not completely secure and we do not guarantee that CliniCall will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programs to access CliniCall. You should use your own virus protection software.
  8. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
  9. Social Networks. If at any time CliniCall includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”), your use of the Social Network Features is governed by the Terms, but your access and use of third party social networking websites and CliniCall provided through these websites is governed by the Terms and other agreements posted on these websites. You agree that you alone are responsible for your use of the social network features and that we will not be liable to you or anyone else for your violation or breach of any terms of use or other agreement that may result from your use of the Social Network Features.
  10. Force Majeure. We will not be liable for delays, failures in performance, or interruptions of the Services that result directly or indirectly from any cause or condition beyond our reasonable control, including significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, pandemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
  11. English Language. The parties have requested and agree that the Terms and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents quis’y rattachent soient rédigés en anglais.
  12. Any Questions? Get in touch at clinicallprivacy@burnabydivision.ca