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.

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.