Web Site Terms of use

Last Updated:August 13th, 2012


This web site (the "Site") is provided subject to the following terms and conditions ("Terms"), and your access to and use of the Site constitutes your acceptance of these Terms. If you do not agree to any of the Terms, do not use the Site.

You should read these Terms carefully because they significantly affect your legal rights, remedies and obligations. For example, sections 5,9,12 and 15 disclaim certain liability relating to the Site and materials and services provided on or through the Site, section 13 limits our liability, and section and 17 requires you to indemnify us against certain damages.

  1. Terms may Change

    We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Site.

  2. Relevant Parties

    The Site is created and maintained by MedBank Websites ("MBW") and the medical practice identified on the Site (the "Practice"). In these Terms, MBW and the Practice are collectively referred to as "we", "us" or "our", and those words never refer to the combination of you, on the one hand, and either or both of MBW or the Practice, on the other hand.

  3. Acceptance

    Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these Terms.

  4. Services

    Our provision of the Site, including any services provided on or through the Site, are collectively the "Services". We may use third parties or third-party technology to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.

  5. Security and Viruses

    E-mail communications between you and us may not be secure, and we suggest that you encrypt all e-mail to increase the security of your communications with us. Due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us will be free from unauthorized access by third parties such as hackers, and your use of our Site demonstrates your assumption of this risk.

    We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on devises you use to access the Site and Services. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.

  6. Privacy

    As part of the hosting services MBW provides to the Practice, MBW may store personal information collected by the Practice. MBW does not otherwise collect, use or disclose your personal information.

    The Practice may collect, use and disclose your personal information when you use the Site or when you visit cookie-enabled web pages. The Practice is solely responsible for complying with applicable law when it collects, uses and discloses your personal information. Please review the Practice's privacy policy on the Site or contact the Practice directly for the details of its privacy policies and procedures.

    You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide. If the Practice asks you to provide any personal information, it will tell you the purposes for which it intends to use that information. The Practice will not collect, use, or disclose that information without your consent, and the Practice will not use or disclose that information for any other purposes without your consent.

    We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, and the Internet Protocol addresses of computers accessing the Site. This information is only used for internal purposes.

  7. Trade-marks

    The names, logos, slogans and trade-marks on the Site (the "Trade-marks") are the property of MBW or the Practice or their third-party suppliers. The Trade-marks belong to their respective owners, and you are not authorized to use any of the Trade-marks in any manner without prior written consent.

  8. Proprietary Rights

    This Site, its organization and design, and all information, images, artwork, documents, text, video, audio, pictures and other material on the Site (collectively the "Content") are protected by copyright and other proprietary rights, all of which we own or have the right to use.

    You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from any Content without our prior written approval.

    You do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.

  9. Content not Advice

    The display of any Content on the site shall not constitute our endorsement of any content or our recommendation of any procedures, treatments or services described or depicted in the Content. We shall not be liable for any action you may take or not take based upon or in reliance upon the Content. The Content is provided "AS IS" and ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF THE ACCURACY OF INFORMATIONAL CONTENT, ARE DISCLAIMED IN RESPECT OF (i) THE CONTENT, (ii) THE CURRENCY, TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, OR (iii) THE SUITABILITY, EFFECTIVENESS, RELIABILITY OR RESULTS OF ANY PROCEDURES, TREATMENTS, SERVICES OR OTHER MATTERS REFERRED TO IN THE CONTENT.

    The Content is provided solely for educational purposes and does not constitute advice. You should not rely on any of the Content without first confirming its accuracy and truthfulness and getting advice from a licensed physician. You should not use any Content to diagnose, treat, or prescribe any medication or treatment. We do not accept any responsibility for any decisions that you make based on any Content.

    MBW operates from Ontario, Canada, and makes no representation that the Site, the Content or the Services are appropriate or available for use in any particular jurisdiction. Unless otherwise specified, the Content is presented solely for the purpose of patient education in North America. MBW makes no representation that the Content is appropriate or that any procedures, treatments or services are available for use in other locations. Those who access the Site, the Content or the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  10. Linking

    Any sites that are linked to from the Site are not under our control, and you access those at your own risk. We do not assume any responsibility or liability for any linked sites or their contents. We provide all such links for your convenience only; those are not an endorsement or referral by us.

    If you wish to provide a link to the Site from your own web site, you may only link to the Site’s home page. You may not use any of our icons, logos, Trade-marks or Content on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.

  11. Modifications

    From time to time, we may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site, the Content and the Services (including their functionality, "look-and-feel", universal resource locators and software components).

  12. Disclaimer

    THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND OTHERWISE) IN RESPECT OF THE SITE, THE CONTENT AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE CONTENT OR MATERIALS ON THE SITE OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY PROCEDURES, ADVICE OR TREATMENTS REFERRED TO IN ANY CONTENT OR MATERIALS ON THE SITE OR AVAILABLE THROUGH THE SERVICES ARE SUITABLE OR EFFECTIVE OR WILL HAVE ANY SPECIFIC RESULT OR OUTCOME; (C) THE SITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (D) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ANY DEFECTS IN THE SITE, THE CONTENT OR THE SERVICES WILL BE CORRECTED.

    You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.

  13. Limitation of Liability and Release

    YOU USE THE SITE, THE CONTENT AND THE SERVICES AT YOUR OWN RISK.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGE OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF (OR INABILITY TO USE) OR RELIANCE ON THE SITE, THE CONTENT OR THE SERVICES, WHETHER ARISING FROM OUR NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU HEREBY RELEASE US (AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES RELATING TO OR ARISING FROM ANY RISKS DESCRIBED IN THESE TERMS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 9 AND 12 AND THIS SECTION MAY NOT APPLY TO YOU.

  14. Comments

    The Site may contain various comments, feedback, articles and submissions from you or other users of the Site (the "Comments"). Once Comments are submitted, we can use, reproduce, modify and display the comments on the Site without restriction and without compensation to you. You may not post content in your Comments that violates or breaches any rights of any other party.

    All opinions contained in Comments are those of the original author, and do not necessarily reflect our views or opinions.

  15. Disclaimer regarding Comments

    We do not and cannot review Comments, and we are not responsible for the content of any Comments. By providing the ability to view and distribute user-generated content on the Site, we are merely acting as a passive conduit for that distribution and are not undertaking any obligation or liability relating to any Comments. We reserve the right (but have no obligation) to block or remove any Comments that we deem in our sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trade-mark or other intellectual property right; or (d) otherwise unlawful or unacceptable.

  16. Prohibited Activities

    In addition to (and without limiting) any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:

    • engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
    • collect personal information on another user;
    • impersonate others, including our employees or representatives, or other members or visitors to the Site;
    • upload to, distribute or otherwise publish through the Site any content that is defamatory, obscene, libelous, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
    • upload, post or transmit any software or files that contain software viruses or other harmful computer code;
    • interfere with the operation of our web servers or other computers or Internet or network connections;
    • upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret or confidential information of another; or
    • upload any commercial content on the Site or use the Site to solicit others to join or become members of any other online service or other organization.
  17. Indemnification

    You agree to indemnify and hold harmless MBW and the Practice and their respective directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) directly or indirectly related to or arising from any violation of these Terms or any activity of yours related to the Site.

  18. Jurisdiction

    These Terms, your access to and use of the Site and the Content, and any claims made against MBW or the Practice or their respective directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with Ontario laws.

    You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site will be in the Ontario courts and you agree to submit to the personal and exclusive jurisdiction of such courts.

  19. General

    If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms.

  20. Contact

    For further information you may contact us as follows:

    MBW:

    MedBank Websites
    301-67 Mowat Avenue,
    Toronto, Ontario, M6K 3E3
    Telephone: 1 855 3037 932

    Practice: As indicated on the Site.