This is an legal agreement (“Agreement”) between you and Meira Care, a registered Ontario company who provides services via the Meira Care platform (“Meira Care”), and may be contacted at firstname.lastname@example.org
Meira Care uses the Medeo Health platform, which is a platform accessed via web browser or a downloaded app that (1) allows patients to book appointments with a healthcare professional and manage their schedule; (2) enables patients to receive appointment reminders via email and/or text message; (3) provides the opportunity for healthcare professionals to conduct virtual medical appointments with patients via video feed, audio and chat functionalities; (4) offers patients health monitoring tools such as triage and symptom checkers and permits upload of a user’s own health information; and (5) collects demographic and health information for use in primary healthcare and business analytics (herein referred to as the “Services”). Meira Care may offer additional services or revise any of the Services at its discretion, and this Agreement will apply to all services or revised Services. Meira Care reserves the right to discontinue offering any of the Services.
The Application is intended for persons thirteen (13) years or older. Persons under the age of thirteen (13) should not access, use and/or browse the Application or the Services, unless under the supervision of a parent or legal guardian.
You agree to the terms and conditions, without modification, outlined in this Agreement. This Agreement may be changed by Meira Care from time to time without specific notice to you, by updating this posting. This Agreement constitutes the entire and only agreement between Meira Care and you, and supersedes any prior agreements, representations, warranties and understandings with respect to the Application, the content or services provided by the Application, and the subject matter of this Agreement. By agreeing, Meira Care grants to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Application in accordance with this Agreement solely for personal reasons and not for resale or to provide services to third parties.
By accepting this Agreement and during your any subsequent access and use of the Application, at all times you represent and warrant to Meira Care that you are (1) a resident of Canada; (2) that any information you provide at any time to Meira Care is true, accurate, and complete; (3) that you have all necessary rights to provide any information, data, materials or content to Meira Care for the purposes described in this Agreement; (4) that at all times during this Agreement, you shall not communicate with any Healthcare Provider that is not in compliance with any applicable municipal, provincial or local, domestic or foreign legislation (as applicable); and (5) that you agree to hold any software and other confidential or proprietary information disclosed under this Agreement by Meira Care in strict confidence and not to use such information for any purpose except as expressly permitted hereunder.
The functionality of the Application is to be used by patients to book medical appointments and receive appointment reminders via email and/or text message, for healthcare professionals to conduct virtual medical appointment with patients via video feed, audio and chat functionalities, and for patients to monitor and upload health information. All functionality is provided on an “as is” basis without warranties of any kind. The functionality of the Application is not intended to take the place of standard medical advice. Using or browsing the Application and/or providing your personal or medical information while using our Services does not register you to one specific provider or create a provider-patient relationship, between you and Meira Care (or a healthcare professional with Meira Care), and does not replace the services of a licensed health professional in your province. Except where Healthcare Providers are providing you with specific clinical services via video, audio or chat features under a provider-patient relationship, you agree that you shall not make any health or medical related decision(s) based on anything contained in the Application. You acknowledge and understand the role of a physician assistant and a nurse practitioner and consent to be seen and have healthcare services provided to you by a physician assistant or a nurse practitioner operating under the supervision of a licensed physician.
You may not register for an account, use or access the Application if you are (or are engaged by) a competitor of Meira Care, except with Meira Care’s prior written consent. In addition, you may not register for an account, use or access the Application for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
THE SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR USE OF THIS APPLICATION ARE NOT A SUBSTITUTE FOR IN PERSON MEDICAL ADVICE, TESTS AND ASSESSMENTS CONDUCTED BY YOUR HEALTHCARE PROFESSIONAL.
THE SERVICES PROVIDED BY MEIRA CARE ARE NOT CRITICAL CARE OR EMERGENCY SERVICES.
DO NOT USE THIS APPLICATION IF YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL 9-1-1- OR PROCEED TO THE NEAREST HOSPITAL IMMEDIATELY.
In order to create a user account, you must provide your real legal first and last name, an email address and create a password. You are solely responsible for maintaining the secrecy of your password. Your account is for your personal use only. You are strictly prohibited from authorizing others to use your account or transfer your account to any other person (unless it is your parent or legal guardian or under a legal Power of Attorney). You agree that Meira Care is not responsible for another party’s access to your account that results from misappropriation of your log-in details or personal/health information. You agree that you will notify Meira Care promptly of any unauthorized access or use of your account via the contact information provided below (Section: Contacting Meira Care).
You are solely responsible for all use of your account and any activity performed through it. You are responsible for moderating the content you provide or display as a part of your use of the Services, and your interactions with healthcare professionals when using our Services. You agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you further agree that you will not send false or misleading information via the Application. You will not advertise to or solicit any user or Healthcare Provider to buy or sell any products or services through the Application or its Services. You agree to comply with all applicable laws when using the Application.
You acknowledge that the use of the Services and Application is not a complete substitute for in-person, clinical appointments with healthcare professionals. Depending on the circumstances of your particular health situation, you may be required to attend to see your healthcare professional in-person for a physical examination, various tests or other items deemed necessary by your healthcare professional in his/her independent medical judgement. Should you have any reservations about using our Services you may request to be seen in person subject to any governmental orders or restrictions in place at the time.
Meira Care exclusively owns and retains all right, title and interest in and to the Application and all software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology used by Meira Care or provided to you in connection with the Application and any compilation thereof. “Meira Care”, “Meira Care,” the Meira Care logo, the Meira Care logo, and other Meira Care logos and product and service names are or may be trademarks or wordmarks of Meira Care, and are protected under applicable copyrights, trademarks and other applicable intellectual property right laws or other Canadian laws. proprietary (including but not limited to intellectual property) Canadian laws. Meira Care permits you to view the contents, solely for your personal, non-commercial use. Images and videos on our Application must not be altered or digitally enhanced, and their use must be in accordance with Canada’s Copyright Act (R.S.C., 1985, c.C-42). Any other use or alteration of the material is strictly prohibited without our prior written permission. Meira Care will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Application any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the Application.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Application. You may not take any action, which imposes an unreasonable or disproportionately large load on Meira Care’s infrastructure. When using the Application, the communication of data may be transmitted over networks in which Meira Care cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with this Application. From time to time, the Application may be unavailable for reasons within Meira Care’s control such as system maintenance or reasons outside of Meira Care’s control. When this occurs, Meira Care is not liable or assumes no liability to you or other users for any interruptions in the use of our Services.
In order to maintain the privacy and security of the Application, you must not disclose any security or privacy vulnerabilities to any person except Meira Care. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Application or data stored within the Application, you must notify us at email@example.com.
Meira Care has made every effort to ensure the proper function of the Application; however, Meira Care is not responsible for any damages occurred while using the Application. We do not warrant that the Application will be error-free or that any defects will be corrected. We may make changes to the Application’s features, functionality, or other components at any time without notice to you.
Any links to external websites made on this web page or Application are intended to provide patients with general information only and patients should discuss this information with their healthcare provider before relying on such information. Meira Care has no control over these external sites and takes no responsibility or liability for them or for their accurateness, reliability, safety or content. Patients should also read the individual disclaimers for these external sites carefully. Patients shall use this site and others at their own risk and should always discuss health information with their healthcare provider prior to making any decisions related to their health. Meira Care takes no responsibility for damage to any person or property as a result of using this website or Application. Use this site or Application is at your own risk. www.meiracare.com provides general information only. It includes information about Meira Care and links to general health information on the Internet. Patients are should advised to always consult their healthcare provider for any specific information about personal health and should not rely solely on such information when making decisions about their health. Patients are advised to make an appointment with a healthcare provider through the Application to address their medical concerns.
To the extent permitted by applicable law, Meira Care shall not be liable to you, your next of kin or to any other party under any circumstances for any loss, death, injury, damage or liability of any kind arising out of or relating your access or use, inability to use or reliance upon the application, its services or any related matter, including, but not limited to, monetary, negligence, breach of contract, malpractice, breach of any statutory or duty of care, physical, or psychological harm, under any theory, regardless of any fault or wrongdoing by or on behalf of Meira Care and each of its affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally. In no event shall Meira Care be liable to compensate you for any indirect, special or consequential damages, including, without limitation, loss of anticipated profits, loss of time, or loss of opportunity, in connection with your direct or indirect access or use of this Application, site, Agreement or any breach thereof, and whether any such loss or damage may be based upon principles of contract, warranty, negligence or other tort, the failure of any limited or exclusive remedy to achieve its essential purpose, or for any other reason whatsoever. This limitation of liability is applicable when other remedies are not available, where you are not adequately compensated for the loss, damage or liability, and if Meira Care knew or should have known of the possibility of any loss, damage or liability of any kind occurring.
You and your next of kin, agree to indemnify, defend and hold Meira Care and our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives harmless from any liability, loss, third-party claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Application and/or Services. You also agree to release and hold harmless Meira Care from and against any and all liability, third-party claims damages, actions, and costs, arising out of or in connection with your use, review or reproduction of the Application and/or Services.
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
You assume all risk when using Meira Care’s Services, including but not limited to risks associated with your interactions with healthcare professionals and your provision of and use of the information provided in the Application for health-related purposes. Meira Care makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose. Meira Care assumes no responsibility to the user or any third party for the consequences of any errors or faults in the Application.
From time to time, Meira Care may offer “test” features within the Application. Such features are offered only for research and user experimental purposes only, and may be modified or discontinued by Meira Care at any time. This Disclaimer of Warranty section applies to such features or tools.
If we believe that there is a violation of the Agreement that can simply be remedied by a user, whether that is the removal of information or certain actions, we may ask you to take direct action rather than intervene. However, we may be required to also engage in the situation and determine the appropriate action to be taken. If you are unable to act in accordance with our requested actions and we believe you are a credible risk of harm to us, other users, healthcare professionals or third parties, we may be required to remove your rights to use the Application and our Services.
This Agreement will commence on the date you register for the Application or begin to use the Application and continues until terminated in accordance with the provisions of this Agreement.
This Agreement, the Application and all other related matters are governed by and will be construed in accordance with the laws of the Province of Ontario, and any federal laws of Canada that may be applicable. Should situations arise where international laws may be applicable or there be conflict with other jurisdictional laws, the governing law(s) will be applied.
All covenants, representatives, warranties and agreements contained in the Agreement will be binding upon and will inure to the benefit of both Meira Care and you and any respective successors, permitted assigns, legal representatives, heirs and trustees.
Please feel free to contact us if you have any questions or additional comments regarding this Agreement. You may contact us at firstname.lastname@example.org
Meira Care shall not be liable to you in the event such failure is due to a Force Majeure Event (as hereinafter defined). If Meira Care is unable to fully discharge or adequately fulfill its obligations under this Agreement as a result of a Force Majeure Event. “Force Majeure Event” is defined as acts of God; substantial changes in economic conditions; health emergency or pandemic; quarantine; acts of governmental or military authority or persons claiming or exercising such authority; casualty; riot; strikes or other labor difficulties; or any other cause beyond Meira Care’s reasonable control.
A valid Ontario Health Card (or other provincial card as may be applicable) must be provided before receiving such Services. In the event that an expired or invalid Ontario Health Card is provided, the patient will be billed directly for all Services rendered before receiving such Services. All such payments are non-refundable. For all payments not covered by the Ontario Health Insurance Plan (“OHIP”) or other applicable provincial plan, full payment is required at the time the Services are provided. Meira Care provides all patients with receipts for the submission to private payors or insurance companies but does not guarantee insurance coverage for services by private payors or insurance companies and this is between the patient and the provider directly. The patient is responsible for all fees owing to Meira Care.