Terms Of Use

Last updated September 2nd, 2015

The terms and conditions stated herein constitute a legal agreement between you and Medago Technologies Inc. (“Medago”), a corporation registered in the province of Quebec, Canada.

These terms and conditions (“User Terms”) govern your use of the Application, the Service and the Website to all information, recommendations and/or services provided to you on or through the Service and the Application.

By using our Application, Service and Portal, you are agreeing to be bound by the following User Terms.

You must be a registered doctor, dentist or pharmacist with a valid license number in the province/state where Medago is available to use the Service, Application or Portal.

A prescription sent through Medago represents the original of the prescription drug order. The selected pharmacy is the only intended recipient and there are no others. The original prescription will not be transmitted elsewhere at another time.

What does Medago offer? 

Medago is a healthcare tech start up allowing physicians to send a patient’s prescription directly to a pharmacy using your smart phone. Medago also allows pharmacists to receive their prescriptions through a website.

When signing up, you are obligated to provide Medago with your personal information, mobile telephone number and the permit number given to you by your professional order. Upon successful completion of your signing up with Medago, the Medago team will take up to 24 hours to verify your account information. Medago will then provide you with a personal account, accessible for you with a password of your choice.

Definitions

Application means the mobile-based application used by physicians to send prescriptions;

Portal means the website used by pharmacies to receive prescriptions;

Service means the services offered by our applications which is the transmission of prescriptions;

Website means www.medago.ca where all the information of our services can be found

Content means all content displayed or featured, including, but not limited to, logos, icons, trademarks, text, photographs, images, moving images, information or other materials

User means a person who accesses or uses the Service, Application or Portal

Medago Content means Content owned or used by Medago, its affiliates or licensors and made available on the Website or through the Service or Application, including any Content licensed from a third party, but excluding User Content

User Content means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application

Acceptable Use

You warrant that the information you provide to Medago is accurate and complete. Medago is entitled at all times to verify the information you have provided and to refuse the Service or use of the Application and Portal without providing reasons.

You may only access the Service, Application and Portal using authorized means. It is your responsibility to check to ensure you download the correct Application for your mobile device. Medago reserves the right to terminate the Service and the use of the Application and the Portal should you be using it with an incompatible or unauthorized device.

By using the Application and Portal or the Service, you further agree that you must:

  • only use the Service or download the Application and Portal for your sole, personal use and will not resell it to a third party;
  • not allow others to use your account (except your authorized personnel);
  • not assign or otherwise transfer your account to any other person or legal entity;
  • not use an account that is subject to any rights of a person other than you without appropriate authorization;
  • not use the Service, Portal or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  • not use the Service, Portal or Application to cause nuisance, annoyance or inconvenience;
  • not try to harm the Service, Portal or Application in any way whatsoever;
  • not copy, or distribute the Application, Portal or other Medago Content without written permission from Medago;
  • keep secure and confidential your account password or any identification we provide you which allows access to the Service, the Portal and the Application;
  • provide us with whatever proof of identity we may reasonably request;
  • only use an access point or data account which you are authorized to use;
  • not use the Service, Application or Portal with an incompatible or unauthorized device;
  • comply with all applicable law from Quebec, Canada

Medago reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.

Payment 

The use of the Application, Portal and the Service is free of charge. Medago reserves the right to introduce a fee for the use of the Application, Portal and/or the Service. If Medago decides to introduce such a fee, Medago shall inform you accordingly and allow you to either continue or terminate the Contract.

The rates that apply for our services can be found on the Website or by contacting us directly. These rates may be modified or updated by Medago from time to time. Medago will inform you of any changes.

Limitations of Liability 

The information, recommendations and/or services provided to you on or through the Website, Portal, the Service and the Application is for general information purposes only and does not constitute advice. Medago will reasonably keep the Website, and the Application and its contents correct and up to date but does not guarantee that the contents of the Website, Portal and/or Application are free of errors, defects, malware and viruses or that the Website, Portal and/or Application are correct, up to date and accurate.

Medago shall not be liable for any damages resulting from the use (or inability to use) the Website or Application but to the exclusion of death or personal injury, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, Portal or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Medago.

Medago shall further not be liable for damages resulting from the use (or the inability to use) electronic means of communication with the Website, Portal or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Application License 

Subject to your compliance with these User Terms, Medago grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not:

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Portal or Application in any way;
  • modify or make derivative works based upon the Service, Portal or Application;
  • create Internet “links” to the Service or “frame” or “mirror” any Application or Portal on any other server or wireless or Internet-based device;
  • reverse engineer or access the Application or Portal in order to
  • design or build a competitive product or service,
  • design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
  • copy any ideas, features, functions or graphics of the Service, Portal or Application, or
  • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which my make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service, Portal or Application.
  • send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  • send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful children or violative of third party privacy rights;
  • send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • interfere with or disrupt the integrity or performance of the Website, the Portal, the Application or Service or the data contained therein; or
  • attempt to gain unauthorized access to the Website, the Portal, the Application or Service or its related systems or networks.

Medago will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Medago may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that Medago has no obligation to monitor your access or use of the Website, Portal, Service, Application or to review any content, but has the right to do so for the purpose of operating the Website, the Portal, the Application and Service, to ensure your compliance with these Medago Terms, or to comply with applicable law or requirement of a court, administrative agency or other governmental body. Medago reserves the right, at any time and without prior notice, to remove or disable access to any content that Medago, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Portal, the Service or Application.

Copyright Policy

Medago respects copyright law and expects its users to do the same. It is Medago’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.

Drug Product Database 

The Drug Product Database has been reproduced in 2015 with permission from The Minister of Health, Health Canada and could be updated if required.

©All Rights Reserved. Drug Product Database Data Extract. Health Canada, 2015.

Reproduced with permission from the Minister of Health, 2015.

Intellectual Property Ownership

Medago alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Portal, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application, the Portal or the Service, or any intellectual property rights owned by Medago. Medago’s name, logo, and the product names associated with the Application, Portal and Service are trademarks of Medago, its affiliated companies or third parties, and no right or license is granted to use them.

App Store Sourced Application

With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only:

  1. on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
  2. as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Medago reserves all rights in and to the Application not expressly granted to you under these User Terms.

You acknowledge and agree that:

  1. these User Terms are valid between you and Medago only, and not Apple, and
  2. Medago, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

You and Medago acknowledge that, as between Medago and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

  1. product liability claims;
  2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation

You and Medago acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Third Party Interactions

During the use of the Website, the Portal, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with purchase goods or services from,  participate in promotions of third parties. These links take you off the Website, Portal, the Application and the Service and are beyond Medago’s control.

During use of the Website, the Portal, the Application and the Service you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application, Portal or Service. These links take you off the Website, the Portal, the Application and the Service and are beyond Medago’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Medago is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and termination of the contract 

The contract between Medago and you is concluded for an indefinite period.

You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone.

Medago is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:

  1. violate or beach any term of these User Terms, or
  2. in the opinion of Medago, misuse the Application, Portal or the Service. Medago is not obliged to give notice of the termination of the Contract in advance. After termination Medago will give notice thereof in accordance with these User Terms.

Modification of the Service and User Terms

Medago reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service, Portal or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Medago may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

You may not assign your rights under these User Terms without prior written approval of Medago.

Medago collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.

Applicable Law and Dispute Resolution

These User Terms are subject to the laws of Quebec. Any dispute, claim or controversy arising out of or relating to these User Terms will be settled exclusively by the competent court in Quebec, Canada.

Final Provision 

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.