TERMS AND CONDITIONS:

Terms & Conditions

Contractual relationship

These Terms of Use (“Terms”) govern the access and/or use by individuals who have registered with MyTeleMD and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “MyTeleMD Platform”), owned and operated by MyTeleMD  Incorporated (“MyTeleMD”, “MTD “,“we”, “us”). For clarity, these Terms set out circumstances in which you may use the MyTeleMD Platform on behalf of yourself or another individual, and references to “you” and “your” in these Terms include any other individual listed in your account for whom you have the legal authority to seek Healthcare Services as defined below (each a “Registered Dependent“).

By accessing and using the MyTeleMD Platform, or participating in any MyTeleMD, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and MyTeleMD. If you do not agree to these Terms at any point, you must immediately cease accessing the MyTeleMD Platform and participating in any MyTeleMD Programs.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the MyTeleMD Platform after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the bottom.

On notice to you, MyTeleMD may immediately terminate these Terms and/or access to the MyTeleMD Platform, or generally cease offering or deny access to the MyTeleMD Platform, at any time, for any reason.

Authorized Physicians and MyTeleMD Telemedicine Platform

AUTHORIZED PHYSICIANS

All physicians providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Physician”) are independent, regulated health professionals registered to practice medicine and holds a current license to practice medicine in the jurisdiction(s) in which they have indicated during sign-up. MyTeleMD is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the MyTeleMD Platform.

If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the licensing authority in which you reside in or contact the licensing authority directly.

SERVICES

Authorized Physicians may provide two kinds of services through the MyTeleMD Platform: health care services (“Healthcare Services”) and/or general information about diseases and conditions and how they are treated (“Informational Services”).

Telemedicine is the delivery of healthcare and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location. During your telemedicine consultation with an Authorized Physician, you will be asked to provide the Authorized Physician certain Personal Information including Personal Health Information (collectively referred to together as “Information”). When discussing Healthcare Services, Information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.

1) Limits on Healthcare Services

Healthcare Services will  be made available to you based on your jurisdiction of residence and jurisdiction that the physician has indicated that they hold a valid license to practice medicine.  The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship. MyTeleMD is not a party to that relationship.

There are restrictions on the Healthcare Services that can be provided through the MyTeleMD Platform. YOU MUST NOT USE THE MyTeleMD PLATFORM FOR EMERGENCY MEDICAL NEEDS.

IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM or HOSPITAL OUT PATIENT DEPARTMENT IMMEDIATELY.

The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke-like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk. Other conditions not attended to using this platform include but are not limited to: Shortness of breath, Choking, Head injury, Neck injury, Suicidal thought, Narcotic or controlled substance renewal or prescription, Allergic reactions, Pelvic/genital/rectal/breast exams, Suturing, Bleeding.

In addition to the limitations set out above, Authorized Physicians are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.

YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.

You should report any medication reactions, side effects or other adverse events to your General Practitioner( GP) /family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the MyTeleMD Platform.

Authorized Physicians have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.

Not a Replacement for Primary Care.

Please note that interaction with an Authorized Physician through the MyTeleMD Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician. We do not provide your family physician with a report about the Healthcare Services that you receive through the MyTeleMD Platform. So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the MyTeleMD Platform enables you to send a summary of your Healthcare Services to a physician of your choice.

2) Informational Services. Limits on Informational Services

Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone-in radio show), and are not Healthcare Services. The information provided will be disease or condition-specific rather than patient-specific and will not include diagnosis or treatment. MyTeleMD is not a party to your relationship with an Authorized Physician providing Informational Services.

Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold MyTeleMD, Authorized Physicians, providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by MyTeleMD or an Authorized Physician, directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.

Authorized Physicians have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.

PRIVACY

Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy, located at  www.mytelemd.ca/privacy. You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.

By authorizing someone else (a “Third Party”) to pay the fees for your Healthcare Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third-Party Payment below, you are representing to MyTeleMD, and MyTeleMD will rely on your representation, that:

a. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the MyTeleMD Platform and Healthcare Services and/or Informational Services;

b. disclosing the information that you have requested Healthcare Services to the Third Party to permit MyTeleMD to process payment for the Healthcare Services