1. The terms RxISK eCONSULT (“RxC”), “we”, “our”, and “us” refer to Data Based Medicine Americas Ltd., a corporation incorporated under the laws of Canada, and its affiliated companies.
2. Please read these Terms & Conditions carefully, as your use of the RxC Services (“Services”) constitutes your acceptance of these Terms & Conditions. If you do not accept any of the Terms & Conditions stated here, do not use our Services.
Copyright and Trademarks
4.We may use data, software, designs, utilities, tools, models, systems, and other methodologies and know-how (“Materials”) that we own in performing the Services. Notwithstanding our provision of Reports to you, we retain all intellectual property rights in the Materials (including any improvements or knowledge developed while performing the Services), and in any documents compiled in connection with the Services (but not your information reflected in them).
5. Upon payment for our Services, you may use any Materials included in the Reports, as well as the Reports themselves as permitted by this Agreement.
6. RxC grants a limited license to each user to make personal use only of the Services in accordance with these Terms & Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the Services (other than the request for Services in accordance with these Terms & Conditions), making any derivative of the Services, the collection and use of email addresses or other user information, including, without limitation, health information, or any data extraction or data mining whatsoever.
7. We do not provide medical advice. The Services provided through RxC are different from the diagnostic services provided by your doctor who has the benefit of information obtained by examining you in person and observing your physical condition. The RxC doctors will not diagnose any condition, disease, or injury.
8. You acknowledge and accept that any view offered about the role medication may have played in your case is limited and provisional and is not intended to be and should not be used in place of:
- the advice of your doctor or other medical professional,
- a visit, call, or consultation with your doctor or other medical professional, or
- information contained on or in any product packaging or label.
9. You acknowledge and agree to assume solely the risk inherent in the Services. You also accept that no guarantee or warranty can be offered to you that the views offered by the RxC doctors will necessarily be correct or helpful.
10. You represent that you are 18 years or older and that you are under the care of a doctor or other medical professional.
11. Parts of the RxC Services use encryption software. While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. When using RxC Services information will be transmitted over a medium that is beyond the control of RxC.
13. Access to your private folder in our secure RxISK eCONSULT Portal is restricted. We provide you with a user ID and password to enable you to access to your private folder, but you must ensure that that user ID and password is kept confidential. For even greater security you can enable two-factor authentication, which requires your user ID and password but also requires a code that is sent by text to your smart phone. If you learn of any unauthorized use of your password or account, notify us as soon as possible.
14. We may disable your user ID and password at our sole discretion without notice or explanation.
15. If you elect to pay for any service hereunder through your credit card (including PayPal), we, in our sole discretion, reserve the right to accept payment from your credit card. By requesting the credit card payment option, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same become due and payable. In the event we elect to so accept payment, we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall either (i) furnish in writing to us a valid credit card account number, or (ii) make payment to us in other immediately available funds, whether by check or otherwise.
16. NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF ANY CONDITION.
17. RxC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITES, OR THE CONTENT, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RxC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR INFRINGEMENT.
18. You (and any others for whom Services are provided) may not recover from us, in contract or tort (including negligence), under statute or otherwise, any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of these Terms & Conditions or otherwise relating to the Services, including any amount for loss of profit, data, or goodwill, whether or not the likelihood of such loss or damage was contemplated.
19. Our total aggregate liability to you (and any others for whom Services are provided) for any loss or damage arising out of or relating to these Terms & Conditions or the Services shall be limited to the amount of the fees you have paid us for the particular Services directly giving rise to such loss or damage. This limitation applies regardless of whether our liability is based on breach of contract, tort (including negligence), statute, or otherwise. This limitation will not limit liability for loss or damage caused by our fraud or willful misconduct and will not apply to the extent prohibited by applicable law.
20. If we are liable to you (or to any others for whom Services are provided) under these Terms & Conditions or otherwise in connection with the Services, for loss or damage to which any other persons have also contributed, our liability to you shall be several and not joint and several, solidary or in solidum, with such others, and shall be limited to our fair share of that total loss or damage, based on our contribution to the loss and damage relative to the others’ contributions. No exclusion or limitation on the liability of other responsible persons imposed or agreed at any time shall affect any assessment of our proportionate liability hereunder, nor shall settlement of or difficulty enforcing any claim, or the death, dissolution, or insolvency of any such other responsible persons or their ceasing to be liable for the loss or damage or any portion thereof, affect any such assessment.
21. You shall make any claim relating to the Services or otherwise under these Terms & Conditions no later than one year after you became aware (or ought reasonably to have become aware) of the facts giving rise to any alleged such claim and in any event, no later than two years after the completion of the particular Services (and the parties agree that the limitation periods established by the Limitations Act, 2002 (Ontario) or any other applicable legislation shall be varied and/or excluded accordingly). This limitation will not apply to the extent prohibited by applicable law or professional regulations.
22. You may not make a claim or bring proceedings relating to the Services or otherwise under these Terms & Conditions against our doctors, subcontractors, members, shareholders, directors, officers, partners, principals, or employees (“RxC Persons”). You shall make any claim or bring proceedings only against us.
23. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms & Conditions, or arising out of any claim that you have breached any provision of these Terms & Conditions.
Breaches of These Terms & Conditions
24. Without prejudice to our other rights under these Terms & Conditions, if you breach these Terms & Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the secure RxISK eCONSULT Portal, prohibiting you from accessing the secure RxISK eCONSULT Portal, blocking computers using your IP address from accessing the secure RxISK eCONSULT Portal, contacting your Internet service provider to request that they block your access to the secure RxISK eCONSULT Portal, and/or bringing court proceedings against you. We may suspend your access to the secure RxISK eCONSULT Portal while we are investigating suspected misconduct.
25. If you do not comply with these Terms & Conditions and we do not take action immediately, this does not mean that we are giving up any rights that we may have, such as taking action in the future.
26. We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms & Conditions without notifying you or obtaining your consent.
27. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms & Conditions.
28. If a provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of Third-party Rights
29. These Terms & Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms & Conditions is not subject to the consent of any third party.
Law and Jurisdiction
32. The full name of our company is Data Based Medicine Americas Ltd.
33. Our address is:
Data Based Medicine Americas Ltd.
100 Main Street West, 3rd Floor
Hamilton ON L8P 1H6
Attn: Dr. Dee Mangin
You can contact us by email at: eCONSULT@RxISK.org
Published: 4 December 2014