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The Doclinc Terms of Use were updated on November 1, 2020.
Contractual relationship
These Terms of Use (“Terms”) govern the access and/or use, by individuals who have registered with Doclinc as a patient (“patient”) or health professional (“health professional”, ”Authorized Physician”, “authorized Non-Physician provider”) 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 “Doclinc Platform”), owned and operated by 9421-4921 Quebec inc. operating under « doclinc technologies » (“Doclinc”, “we”, “us”). For clarity, these Terms set out circumstances in which you may use the Doclinc Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to share personal health information as defined below (each a “Registered Dependent“).
By accessing and using the Doclinc Platform, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Doclinc. If you do not agree to these Terms at any point, you must immediately cease accessing the Doclinc Platform.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Doclinc 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 top.
On notice to you, Doclinc may immediately terminate these Terms and/or any Doclinc Programs, and/or access to the Doclinc Platform, or generally cease offering or deny access to the Doclinc Platform or any portion thereof, at any time, for any reason.
Health professionals and Doclinc health information sharing platform
Health Professionals
All authorized physicians and authorized Non-Physician providers providing Health Services as defined below, (each an “Health Professional”) are independent, regulated health professionals (such as Doctors and Surgeons registered to practice medicine or psychotherapist and nurses registered to provide health) in a Province or Territory of Canada. Doclinc is not a health provider. Health professionals (“Authorized Physicians” and “authorized Non-Physician providers”) alone are responsible for the Health Services they provide.
To the extent permitted by the law in the Province or Territory in which you reside, Health professionals may be located in your Province or Territory or another Province or Territory of Canada.
If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Physicians and Surgeons” of the Province), in the Province or Territory in which the Physician Practices. If you want information about any particular Authorized Non-Physician Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Non-Physician Provider Practices.
Patients
A patient allows, through the Doclinc platform, to share his health information or medical records with the health professional, at his discretion and when he authorizes the said sharing.
Personal health information sharing service
Before, during or after a consultation with a health professional, you (the “patient”) will be asked to provide them with certain personal information, including personal health information (collectively called “information”) which will, in part, constitute your medical record ("medical record"). When we talk about a medical record, the information in it usually refers to personal health information (“PHI”), and when we talk about general information, the information usually refers to information that is not personal or health related, such as account preferences for communicating with you. PHIs are usually required by a health professional before a consultation appointment.
Privacy
Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy, located at https://doclinc.io/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 accepting our terms of use from the Doclinc platform, you declare the following to Doclinc, and Doclinc will rely on your representation, that:
a. You consent to our use of the email address, mobile number and health insurance number provided to us by your health professional to communicate with you and provide access to the Doclinc platform;
b. You consent to the disclosure of your consent to the sharing of your personal health information with Doclinc.
If you have any questions about our privacy program, how we handle your information, or the personal information we share with health professionals, please contact us as outlined in the Privacy Policy.
How it Works
Doclinc platform and the personal health information sharing and updating request service.
The Doclinc platform allows you to store and share your personal health information. This service is provided to you online through health professionals who practice in one or more provinces or territories of Canada. The Doclinc platform and health information sharing services are only available to you if you meet the residency requirements set out above, whether or not you are physically located in your province or territory of residence at the time you are using our service. By using the Doclinc Platform, you represent and warrant that you, or any Enrolled Dependent, meet the residency requirements at the time the Doclinc is used. You acknowledge that the Doclinc platform is only intended for your personal and non-commercial use.
For Clarity
BY REGISTERING TO USE THE DOCLINC PLATFORM AND/OR BY USING IT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
1. The Doclinc platform is a technological platform that facilitates the sharing of patient health information (users and anyone for whom users have created a profile in their user account and / or constituted a medical file by sharing information, and / or having answered questions related to their health by using the Doclinc platform) with health professionals, usually before, a consultation at their office. Doclinc is not a party to the relationship between you and any health professional who provides health services. Health professionals are self-employed contract workers who are not employed by Doclinc or otherwise affiliated with Doclinc.
2. HEALTH PROFESSIONALS ARE SOLELY RESPONSIBLE FOR THE HEALTH SERVICES THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, KEEPING RECORDS AND OTHER PROFESSIONAL OBLIGATIONS.
Ownership
The Doclinc Platform, all Contents and rights therein, except PHI, are and shall remain Doclinc’s property or the property of Doclinc’s licensors. Neither these Terms nor your use of the Doclinc Platform convey or grant to you any rights to use or reference in any manner Doclinc’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Doclinc’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.
Preliminaries: User Accounts
To use the Doclinc platform, in particular to access the personal health information sharing service, you must register by receiving an invitation to update your RSP by a health professional, and maintain an active personal account (the “User account”). You must be at least 18 years old to create a user account. You have permission to update your health information for yourself or for the listed dependents that you have added to your user account only. You must create a separate "profile" for each registered dependent, which must include the individual's name and other personal information.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Doclinc in writing, you may only possess one User Account.
Restrictions
While using the Doclinc Platform, you may not, and represent and promise that you will not:
1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Doclinc Platform except as expressly permitted by Doclinc.
3. Decompile, reverse engineer or disassemble the Doclinc Platform except as may be permitted by applicable law.
4. Link to, mirror or frame any portion of the Doclinc Platform.
5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Doclinc Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Doclinc Platform.
6. Attempt to gain unauthorized access to or impair any aspect of the Doclinc Platform, or its related systems or networks.
7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
8. Use the Doclinc Platform in a manner that violates any laws.
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Doclinc Platform, including Health Professionals. Doclinc has no interest in or control over any interaction that you may have with Health Professionals outside the Doclinc Platform and unrelated to Health Services they provide.
Termination
As set out above, Doclinc reserves the right to terminate any User’s access or use of the Doclinc Platform at any time, for any reason. If your User Account is terminated, Doclinc will have no further obligation to provide access to the Doclinc Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by a Health Professional in connection with his or her professional obligations to you.
You may deactivate your User Account at any time, for any reason, by contacting us at support@doclinc.io. Please see our Privacy Policy in relation to our management of Information on the deactivation of a User Account.
Patient Fees
No user fees are charged to patients who use the Doclinc platform. We may in some cases charge health professionals a service fee for using certain features of the Doclinc platform.
Disclaimer
THE DOCLINC PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” DOCLINC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOCLINC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE DOCLINC PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DOCLINC DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF SERVICES PROVIDED WITH THE DOCLINK PLATFORM AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE DOCLINC PLATFORM.
Limitation of Doclinc’s Liability
UNDER NO CIRCUMSTANCE SHALL DOCLINC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE DOCLINC PLATFORM. DOCLINC, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DOCLINC PLATFORM, OR YOUR INABILITY TO ACCESS OR USE THE DOCLINC PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTH PROFESSIONAL. DOCLINC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DOCLINC’S REASONABLE CONTROL. YOU AGREE THAT DOCLINC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE DOCLINC SITE PROVIDED TO YOU.
No liability for computers or networks used to access your account
Doclinc is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Doclinc Platform.
Indemnity
You agree to indemnify and hold Doclinc (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Doclinc Platform; ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Health Professionals.
General Provisions
Entire Agreement. These Terms constitute the entire agreement and understanding of Doclinc and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Quebec and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Doclinc Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Montreal, Quebec.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Doclinc’s prior written consent. Doclinc may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Links to External Websites. Links on Doclinc’s Platform to other websites or resources including those operated by parties other than Doclinc, are provided for your convenience. Doclinc is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. Doclinc is not responsible even where we link you to those resources or refer you for your convenience.
Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Contact Us
If you have questions about the Doclinc Platform or its use, you can contact Doclinc Support by sending an email to support@doclinc.io.
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