our services are Free to patients in winnipeg with a valid Manitoba health card.
our services are Free to patients in winnipeg with a valid Manitoba health card.
our services are Free to patients in winnipeg with a valid Manitoba health card.
our services are Free to patients in winnipeg with a valid Manitoba health card.
our services are Free to patients in winnipeg with a valid Manitoba health card.
our services are Free to patients in winnipeg with a valid Manitoba health card.
Experience Exceptional Care with Mobile MDs
Doctors providing house calls to select areas in and around Winnipeg, Manitoba.
Physicians address non-emergent medical problems only.
If you think you have a medical emergency, contact 911 immediately.
Commonly treated medical conditions include lice, colds, sore throats, coughs, sore ears, diarrhea, asthma, COPD, rashes, bladder infections, skin infections, headaches, constipation, yeast infections.
Services available to select areas in and around winnipeg
1. Book an appointment online, weekdays 7:30 AM - noon.
2. Accurately describe your medical condition/symptoms.
3. A doctor will visit your home if your condition can be managed.
Mobile MDs 204-977-6898
Medical Director: Dr. Derrek Jensen
fax: 204-977-6899
542 Selkirk Ave
Winnipeg, Manitoba
Terms of Use
Mobile MDs wishes to thank you for using Mobile MDs, its booking services, and its web site, www.mobilemds.ca.
Mobile MDs does not provide medical or other healthcare services/advice or recommend any specific physicians or healthcare services. Requests for medical visits are referred to private independent physicians and as such Mobile MDs cannot guarantee that all such requests will be successfully placed. Mobile MDs does not accept liability or responsibility for any medical or healthcare services provided or not provided. The responsibility for all such care shall be that of the responding physician.
If you think you may have a medical emergency, please do not rely on Mobile MDs and its associated physicians. Contact your local emergency services.
USER AGREEMENT
Your use of Mobile MDs, its booking services and its web site are subject to the following terms and conditions, please review them carefully before using any services. Your use of this website or booking a house call through our program by any other means, indicates your agreement to these Terms and Conditions.
Mobile MDs reserves the right at any time to change this Agreement as well as any products or services contained on or referenced in our website, in its sole discretion, without notice or liability. It is your responsibility to periodically review the Terms and Conditions set out in this User Agreement.
Links to Third Party Sites
Our website provides you with convenient links to other web sites. Mobile MDs does not endorse any information, products or services contained on or offered through the linked web sites. Likewise, Mobile MDs does not endorse any persons or entities that are associated with other web sites linked via our web site. These third party sites and content are not maintained, operated or controlled by Mobile MDs, and Mobile MDs does not provide any guarantees regarding these sites. You assume sole liability for the use or access of such third party sites and content.
Representations and Warranties
By using or accessing our web site directly or indirectly through any other means, you represent and warrant that you:
- are over the age of majority in your jurisdiction, and have the legal right and ability to enter into this User Agreement and to use or access our web site in accordance with its Terms;
- are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party by entering into this User Agreement and using and accessing our web site;
- have obtained all necessary approvals, consents and authorizations from any third party to submit information, including personal information and to delete or modify information;
- agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access our website under or using your name or account; and
- have submitted or will submit, or others using or accessing our web site under or using your name or account have submitted or will submit, information, content or material which is true and accurate.
Prohibited Uses
You may not access our website for any purpose that is unlawful or that is prohibited by these Terms.
Without limiting the generality of the foregoing, you agree that, in using or accessing our website, you shall not commit or participate in any of the following acts or actions, each of which is expressly prohibited under this User Agreement:
- directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, assist or abet, including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of our website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation: "data mine"; "screen scrape"; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of our website;
- transmit material that contains viruses;
- use the Mobile MDs name, logo, service name or design mark, which constitute the trademark or service marks of Mobile MDs, for any advertising, publicity or in any other commercial or other manner, without the prior written consent of Mobile MDs;
- unless expressly provided for within these terms, create derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change of the order of any information, products, services, and software contained or offered on, or obtainable by, through or from our website. Without limiting the generality of the foregoing, you shall not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of our website;
- use or access our website in such manner, or otherwise take any action, that taxes our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of our web site, that otherwise interferes with the normal functioning of our website or otherwise abuses or overuses our website;
- circumvent, or attempt to circumvent, any measures or precautions taken by Mobile MDs to prevent the use or access of our website, or any other action, in violation of this User Agreement;
- post inappropriate, profane, obscene or defamatory information, impersonate any person entity or provide false information;
- access our website to make any speculative, fraudulent, or false reservation. Mobile MDs reserves the right to cancel any and all such prohibited reservations without notice and without liability; or
- engage in any other conduct or activity that either conflicts with this User Agreement or that Mobile MDs deems, in its sole, absolute and unfettered discretion, to be in conflict with this User Agreement.
Your Privacy
Mobile MDs is committed to your right to privacy. When using Mobile MDs, its booking services and its web site, you can be confident in knowing that any information shared with us will be subject to a high standard of confidentiality.
Personal information is collected to assist physicians to make a house call and to bill the necessary billing agency paying for your medical visit. Your request for a medical visit, either directly through our website or through any other means, is accepted as implied consent to utilize your information. Besides Mobile MDs, your information is only shared with any associated physician, and their staff who provides or is requested to provide medical assistance, and the required billing agency. Your name, personal or medical information will not be released to any other person unless required by law. From time to time we may use your contact information to keep you informed about our programs/services.
All personal health information collected by physicians practicing at Mobile MDs is maintained by Mobile MDs, which is considered the trustee responsible for maintaining that information for the purposes of The Personal Health Information Act (“PHIA”). In accordance with CPSM’s Standard of Practice for the Maintenance of Patient Records in All Settings, the Clinic’s medical director is jointly responsible with the Clinic for ensuring proper maintenance of patient records. Mobile MDs will be referred to hereinafter as “Trustee.”
The following policy and procedures respecting patients' personal health information have been established in support of Trustee's compliance with CPSM's Standard for Maintenance of Patient Records in All Settings[1]and the requirements of PHIA and Personal Health Information Regulation[2].
Patient records
1. Personal health information will be maintained in a patient record specific to each patient. Trustee will maintain patient records in accordance with PHIA and other applicable provincial and federal laws, regulatory requirements, and this policy.
Collection[3]
2. Trustee follows PHIA requirements for the collection of personal health information.[4], [5]
Accordingly, Trustee maintains practices and procedures to ensure information collection is based on sound, purpose-oriented, good clinical judgment in practice. Whenever possible, personal health information will be collected only from the patient who the information is about, with some exceptions as permitted under PHIA (e.g., when collection of the information directly from the patient could reasonably be expected to result in inaccurate information being collected).[6]
Use and Disclosure[7]
3. Respecting the use and disclosure of personal health information, Trustee maintains practices and procedures to ensure the following:
a. Personal health information is not used or disclosed except where that use, or disclosure is authorized under PHIA.[8]
b. Every use and disclosure of personal health information is limited to the minimum amount of information necessary to accomplish the purpose for which it is used or disclosed.[9]
c. Personal health information will not be disclosed outside Trustee's practice unless such a disclosure has been assessed to determine whether it is permitted under PHIA.[10]
d. Unless the patient requests in writing that information is not to be shared, Trustee can share personal health information with other health care professionals who have or will be providing health care on an as necessary basis.[11]
e. Trustee may be required or permitted by law to disclose information in some circumstances, even without patient consent.[12]
f. Use of personal health information will be limited to those of Trustee's authorized employees and agents who need to know the information to carry out the purpose for which the information was collected, received, or to carry out a purpose authorized under section 21 of PHIA.[13]
4. All reasonable efforts will be made to ensure that any discussion regarding personal health information that takes place within Trustee's practice setting will not occur in the presence of persons not entitled to such information or in public places (e.g., waiting area, off premises, etc.).
5. Where electronic means are used to request disclosure of personal health information or to respond to requests for disclosure or to communicate with a patient, Trustee will implement reasonable procedures to prevent the interception of the information by unauthorized persons.
a. Facsimile/fax numbers will be verified to avoid errors. It is acknowledged that personal health information mistakenly faxed to an unintended recipient is an unauthorized disclosure resulting in a breach of the individual's privacy.
b. Emailing personal health information occurs as appropriate. When personal health information is sent by email:
i. personal health information is sent to only one email address that has been confirmed in advance with the recipient
ii. only the minimum amount of information necessary for the purpose will be sent.
c. If telephoning a patient, no personal health information should be shared unless the patient's identity can be reliably verified, including confirming the phone number in advance. If receiving a call from a patient, measures should be taken to verify their identity before sharing any personal health information. Unless necessary and with the patient's advance consent, personal health information should not be left in a voicemail message.
d. Texting and direct messaging do not have many of the necessary safeguards in place to protect Trustee or patients. It is further difficult to meet legislative and documenting requirements when used. As a result, texting and direct messaging of personal health information to the patient is avoided in Trustee's practice setting, except in exceptional circumstances and where reasonable steps are taken (e.g., communication in this manner is in the patient's best interest due to hearing impairment).
6. When responding to requests for disclosure of personal health information, Trustee will ensure that the request contains sufficient detail to uniquely identify the individual the information is about.
Security Safeguards[14]
7. Trustee maintains safeguards to protect the accuracy and confidentiality of personal health, including that protect information against loss, theft, unauthorized access, use and disclosure. These include:
a. administrative safeguards such as training, this policy, and confidentiality pledges[15],
b. physical safeguards such as locked rooms and filing cabinets, and
c. technological safeguards such as passwords for computer systems, screen timeouts, encryption, and audits overseen by Trustee.
8. Trustee ensures patient records containing personal health information are maintained in such a way that only those who need to obtain the information contained therein will have access to it. Accordingly, Trustee has implemented and maintains controls that limit the persons who may use personal health information maintained by Trustee to those specifically authorized by Trustee to do so.[16]Particularly:
a. Trustee determines for each employee and agent the personal health information they are authorized to access.[17]
b. Personal health information contained in patient records may not be accessed, even by people within Trustee's practice setting, unless it is determined that they need to have that access.[18]
c. Trustee implements controls to ensure that personal health information maintained by Trustee cannot be used unless:
i. the identity of the person seeking to use the information is verified as a person Trustee has authorized to use it, and
ii. the proposed use is verified as being authorized under PHIA.
d. All digitally stored personal health information is password protected. Trustee and anyone else authorized to use personal health information will:
i. use only their own user account and password,
ii. not permit anyone else to use their account, and
iii. assist in maintaining security by choosing hard-to-guess passwords.
e. Trustee maintains a record of user activity for any electronic information system used to maintain personal health information.[19]
9. Patient records are maintained in designated areas that are subject to appropriate security safeguards.[20] Physical access to designated areas containing patient records is limited to authorized persons.[21]Safeguards include, as applicable:
a. locked rooms and cabinets,
b. password protected computer system, and
c. secured and password protected removable media.
10. Trustee takes reasonable precautions to protect personal health information from fire, theft, vandalism, deterioration, accidental destruction or loss and other hazards (e.g., ransomware).[22]
11. The following measures to ensure the security of personal health information are taken when a record of the information is temporarily removed from a secure designated area (e.g., areas with the practice setting where patients are seen, or patient records are stored):[23]
a. a log is kept indicating what has been removed, when it was removed, and the authorized custodian who removed the record, and
b. measures are taken to ensure the record is always maintained in a secure place while outside the designated area.
12. Trustee ensures the security of personal health information in electronic form when the computer hardware or removable electronic storage media on which it has been recorded is being disposed of or used for another purpose.[24]
13. Trustee has established a written plan to ensure the ongoing maintenance of patient records in accordance with CPSM's Standard for the Maintenance of Patient Records in All Settings that accommodates for situations where Trustee becomes unwilling or unable to continue to maintain patient records. This plan is sufficient to avoid abandonment, or the risk of abandonment, of patient records.[25]
Medical Clinic Compliance
14. Trustee or a designated privacy officer (i.e., individual assigned and delegated certain responsibilities for ensuring compliance to support Trustee) is responsible for:
a. dealing with requests from individuals (patients or their legal representative) who wish to examine and copy or to correct personal health information under PHIA, and
b. generally facilitating compliance with PHIA.[26]
Where a privacy officer is designated, Trustee takes reasonable steps to inform individuals how to contact the privacy officer with questions about the collection of their personal health information.[27]
15. Trustee requires that each employee and agent sign a pledge of confidentiality[28]that includes an acknowledgment that he or she is bound this policy and related procedures and is aware of the consequences of breaching them.[29] Trustee provides routine orientation and ongoing training for all employees and agents about this policy and related procedures (see section 6 of the Personal Health Information Regulation).
16. All employees and agents of Trustee's practice setting will contact Trustee or a designated privacy officer if they suspect any kind of computer misuse or privacy breach.
17. Trustee audits records of user activity to detect security breaches, in accordance with the Personal Health Information Regulation and guidelines set by Manitoba Health.[30]
18. Trustee conducts audit of security safeguards at least every two years and takes steps to correct deficiencies identified by audits as soon as practicable.[31]
Security breaches
19. A breach of security occurs whenever personal health information is collected, used, disclosed, or accessed other than as authorized, or its integrity is compromised. Where a breach of security occurs, Trustee records the breach with all pertinent details.[32] As soon as practicable, corrective procedures to address the security breach are undertaken.[33]
20. Section 19.0.1 of PHIA provides that Trustee must notify the individual who the breach concerns about a privacy breach relating to the information if, after considering the relevant factors prescribed in the regulations, the breach could reasonably be expected to create a real risk of significant harm to the individual. Section 8.7 of the Personal Health Information Regulation sets out the list of factors that trustees must consider in determining if a privacy breach could reasonably be expected to create a real risk of significant harm to an individual, including:
a. the sensitivity of the personal health information involved,
b. the probability that the personal health information could be used to cause significant harm to the individual, and
c. any other factors that are reasonably relevant in the circumstances.
21. Where Trustee provides notice of a privacy breach to an individual under section 19.0.1 of PHIA, Trustee must notify the Ombudsman of the privacy breach at the time and in the form and manner that the Ombudsman requires in accordance with section 19.0.1 of PHIA.
22. It is acknowledged that a person found to have violated PHIA may face consequences under that legislation.
[1] Available at: http://cpsm.mb.ca/laws-and-policies/standards-of-practice-of-medicine
[2] See in particular section 2 of PHIA’s Personal Health Information Regulation
[3] See PHIA at Part 3, Division 1, sections 13 to 15 of PHIA
[4] See section 15 of PHIA
[5] See section 13 of PHIA
[6] See section 13 of PHIA, and section 14 of PHIA for exceptions
[7] See PHIA at Part 3, Division 3, sections 20 to 24
[8] See subsection 20(1) of PHIA)
[9] See subsection 20(2) of PHIA
[10] See sections 22 to 24 of PHIA
[11] See sections 19.1 and 19.2 of PHIA
[12] See CPSM’s Standard of Practice regarding the Duty to Report Self, Colleagues, or Patients
[13] See subsection 20(3) of PHIA
[14] See PHIA at Part 3, Division 2, sections 18 and 19, and the Personal Health Information Regulation
[15] Template confidentiality pledge on MHSAL website - https://www.gov.mb.ca/health/phia/resources.html
[16] See subsection 18(2)(a) of PHIA
[17] See section 5 of the Personal Health Information Regulation
[18] See subsection 20(3) of PHIA
[19] See the Personal Health Information Regulation at subsection 4(1) and sections 4.10 to 4.12 of CPSM Standard for the Maintenance of Patient Records in All Settings. This will usually be a component of the digital records software.
[20] See the Personal Health Information Regulation at subsection 3(a)
[21] See the Personal Health Information Regulation at subsection 3(b)
[22] See the Personal Health Information Regulation at s. 3(c).
[23] See the Personal Health Information Regulation at subsection 2(a)(i)
[24] See the Personal Health Information Regulation at subsection 2(a)(ii)
[25] CPSM Standard for the Maintenance of Patient Records in All Settings at http://cpsm.mb.ca/laws-and-policies/standards-of-practice-of-medicine
[26] See section 57 of PHIA
[27] See section 15 of PHIA
[28] Template confidentiality pledge on MHSAL website https://www.gov.mb.ca/health/phia/resources.html
[29] See section 7 of the Personal Health Information Regulation
[30] See the Personal Health Information Regulation at subsections 4(4), 4(5), and 4(6)
[31] See the Personal Health Information Regulation at subsections s. 8(1) and 8(2)
[32] See the Personal Health Information Regulation at subsection 2(b)
[33] See the Personal Health Information Regulation at subsection 2(c)
This policy supports compliance with CPSM’s Standard of Practice for Maintenance of Patient Records in All Settings[1]and the requirements of PHIA, including that all trustees are required to establish and comply with a written policy concerning the retention and destruction of personal health information.[2]Trustee will comply with the following respecting patients’ personal health information:
1. Personal health information will be maintained in a patient record specific to each patient. Trustee will maintain patient records in accordance with applicable provincial and federal laws and regulatory requirements, including that they remain reasonably accessible and reproducible for the duration of the applicable retention period:
a. For adults, patient records are retained in their entirety for ten years from the date of the last entry in the patient record (i.e., a ten-year period of inactivity).[3]For example, a patient record maintained for a patient last seen on January 1, 2020, at the age of 18 - in which the last entry in the patient record was made on that same date - must not be destroyed until after January 1, 2030.
b. For children (i.e., minors), patient records are retained for ten years after the day on which the patient reached or would have reached 18 years of age.[4]For example, a Patient Record that is maintained for a patient last seen on January 1, 2020, at the age of 10 - in which the last entry in the patient record was made on that same date - will not be destroyed until after the patient birth date in the year 2038. For clarity, if further entries are made in the patient record after the patient turns 18, then clause 1. a. applies.
2. Patient records at the end of the retention period may be identified and destroyed in a secure and confidential manner[5]in a way that the patient record cannot be reconstructed or retrieved. As applicable:
a. physical records are cross-shred, pulverized, or incinerated,
b. digital records are permanently deleted in accordance with industry standards, either by physically destroying the storage media or overwriting the stored information, and
c. any backup copies of records are similarly destroyed.
3. In accordance with CPSM’s requirements, Trustee will ensure that patients are reasonably notified as to where patient records are located, how a copy can be transferred (e.g., to another physician), or how copies can be obtained for the duration of the retention period.[6]If there is a change in circumstance (e.g., the member ceases or relocates their practice), patients will be reasonably notified. In this respect, Members of CPSM will follow CPSM’s patient notice requirements for leaving, relocating, or otherwise ceasing practice.[7]
4. Notwithstanding paragraph 2 above, if before the end of the retention period, Trustee receives notice of a legal or committee proceeding (e.g., CPSM’s Central Standards Committee or Investigation Committee, etc.) that relates to the treatment of a patient, then a copy of the relevant patient record will be retained until the legal or committee proceeding is complete.
[1] Available at: http://cpsm.mb.ca/laws-and-policies/standards-of-practice-of-medicine
[2] See subsection 17(1) of PHIA.
[3] See paragraph 4.20 of CPSM’s Standard for Maintenance of Patient Records in All Settings.
[4] See paragraph 4.20 of CPSM’s Standard for Maintenance of Patient Records in All Settings.
[5] See subsections 17(2) and (3) of PHIA.
[6] See paragraphs 4.28 and 4.27 of CPSM’s Standard for Maintenance of Patient Records in All Settings.
[7] Standard of Practice for Practice Management: https://cpsm.mb.ca/assets/Standards%20of%20Practice/Standard%20of%20Practice%20Practice%20Management.pdf
Manitoba has a law called The Personal Health Information Act (PHIA) that allows you to access your personal health information with limited exceptions. PHIA also requires that we keep your information private, safe and secure.
Your personal health information is recorded information about you, your health and health care that we keep in our records, including your name, address, Personal Health Identification Number (PHIN), information about your health, your health care history, the care that you are receiving and payment for your health care.
We are committed to ensuring you have the information you need to be an active, informed participant in your care. Under PHIA, you are entitled to:
• see and get a copy of your personal health information with limited exceptions. Requests for information regarding your current care will be responded to: - not later than 72 hours after requesting it. Requests for all other information not limited to current care will be responded to: - not later than 30 days after requesting it.
• name another person, such as a family member, to access your personal health information on your behalf; and
• ask us to make corrections to inaccurate or incomplete personal health information.
Please speak to a member of your health care team if you want to do any of the above.
PHIA permits us to collect and use your personal health information. In certain circumstances, PHIA also allows us to share it with others both inside and outside our organization. We do this for purposes such as:
• to provide you with health care;
• to get payment for your care which could include private insurers;
• to do health system planning and research; and
• to report as required by law.
Unless you tell us not to, we can:
• share your personal health information with any health care provider who has, is or will be providing you with health care. Members of your health care team are only allowed access to the information they need to give you the care you need. If you tell us not to share your information with a health care provider, we will not share your information unless permitted or required by law to do so.
Please tell a member of your health care team if you do not want your information shared with a health care provider.
We suggest that you first try to resolve any complaint about access to or privacy of your personal health information directly with us. You have the right to complain to the Manitoba Ombudsman, an independent authority who can investigate your complaint, at (204) 982-9130 or 1-800-665-0531 (toll free).
Liability Disclaimer
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MATERIAL OR OTHER CONTENT FOUND OR OFFERED ON OR PROVIDED OR ACCESSIBLE THROUGH OR OBTAINED OR OBTAINABLE FROM MOBILE MDS’ WEBSITE (COLLECTIVELY, THE "MOBILE MDS CONTENT") MAY CONTAIN ERRORS, MAY HAVE BECOME OUT OF DATE, AND MAY BE MODIFIED FROM TIME TO TIME BY MOBILE MDS AND/OR ITS CONTRACTORS. MOBILE MDS DOES NOT WARRANT THAT MOBILE MDS’ WEBSITES WILL OPERATE ERROR-FEE OR THAT ANY SERVER USED IN CONNECTION WITH MOBILE MDS’ WEBSITE IS OR WILL BE FREE OF ANY VIRUS, TROJAN HORSE, WORM, BACKDOOR OR OTHER PROGRAM CODE OR PROGRAMMING INSTRUCTION OR SET OF INSTRUCTIONS DESIGNED TO DISRUPT, DISABLE, HARM INTERFERE WITH OR OTHERWISE ADVERSELY AFFECT COMPUTER PROGRAMS, DATA FILES OR OPERATION. YOU ACCESS AND USE MOBILE MDS’ WEBSITES AT YOUR OWN RISK.
MOBILE MDS’ WEB SITE AND CONTENT ARE PROVIDED "AS IS, "AS AND WHEN AVAILABLE" WITHOUT WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES RESPECTING TITLE, QUALITY, PERFORMANCE ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, ALL OF WHICH MOBILE MDS HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MOBILE MDS OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF MOBILE MDS’ WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE MOBILE MDS’ WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS AND OTHER DAMAGE TO COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR DATA OR INFORMATION OR PROGRAMS, WHETHER SUCH DAMAGES OR INJURIES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MOBILE MDS AND ITS CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE LIMITATION OF LIABILITY SET OUT HEREIN IS HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
General Terms
As a condition of your use of Mobile MDs, our booking services and our web site, you agree to defend, indemnify and hold harmless Mobile MDs from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including our legal costs) arising out of, or resulting from or otherwise connected to your use of our website or a breach of this User Agreement.
This User Agreement shall be deemed to have been made in the Province of Manitoba, Canada, and shall be governed in all respects by the laws of the Province of Manitoba, Canada, and the federal laws applicable therein, without regard to its conflicts of law principles. You submit to the exclusive jurisdiction of the courts situated in the judicial District of Winnipeg, Province of Manitoba for the all disputes or disagreements arising pursuant to, or transactions and relationships contemplated by, this User Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court. You agree that Mobile MDs may commence an action in any court of competent jurisdiction in order to enforce these Terms and to seek damages and/or equitable relief against you for any breaches by you of these Terms. You agree and understand that you will not bring against Mobile MDs, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class action lawsuit related to your access to, dealings with, or use of our website.
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Mobile MDs has the right, in its sole discretion, to terminate the access of any user who breaks the Terms of this Agreement.
A delay, omission or failure by Mobile MDs to exercise any right or power under this User Agreement shall not be construed to be a waiver Mobile MDs of such or any other right or power, which Mobile MDs may assert at any time or against any person.
In the event that any provision of this User Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible its original intention, and such restated provision shall remain in full force and effect.