Terms & Conditions

1.1. The following terms, beginning with a capital letter, have the meaning assigned to them below:

(i) "Clients" means individuals who seek to obtain medical services;

(ii) "Effective Date" means the first date on which a User accessed the Mobile Mediq Platform;

(iii) "Request" means a request for medical services placed by a Client on the Mobile Mediq Platform;

(iv) "User Data" means any content, which may include personal information of Users, that Users submit or transfer to Mobile Mediq in connection with the Services;

(v) "User Personal Data" means any personal information contained in User Data;

(vi) "Privacy Laws" means all applicable data protection and privacy laws, regulations and guidelines governing the protection of personal information;

(vii) "Parties" means Mobile Mediq and the User;

(viii) "Mobile Mediq Platform" means the web-based communication platform that allows Professionals to connect with Customers as marketed by Mobile Mediq under the name "Mobile Mediq" and accessible by Users;

(ix) "Privacy Policy" means Mobile Mediq's Privacy Policy available at www.mobilemediq.ca/privacy-policy

(x) "Professional" means a certified professional who seeks to provide medical care services to Clients.

(xi)"User" means both Clients and Professionals;

2.1. Relationship between the Parties. Professionals are independent business owners. Under no circumstances may they be qualified as employees, partners, representatives, agents, joint venturers, or franchisees of Mobile Mediq. Mobile Mediq subcontracts its obligations under the medical care services to Professionals to fulfill the Request.

2.2. Agreement between Users. If a Professional receives a Request from a Client, it is subject to the agreement between the two as set out in more detail in section 5 below.

2.3. Supervision of Mobile Mediq. Users hereby acknowledge that Mobile Mediq does not supervise, direct, or manage the services of Professionals and expressly disclaims any liability for the services provided in any way, including, but not limited to, a warranty or condition of fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation or code.

2.4. Permits and Licenses. Professionals are responsible for obtaining all required licenses or permits before undertaking and fulfilling their obligations arising from any Request and are responsible for obtaining and maintaining any insurance related to the provision of professional services.

3.1. Consent to care. Users must be at least of the required legal age in the jurisdiction in which they reside and are otherwise capable of consenting to care and agree to be bound by these Terms of Service and the Privacy Policy.

3.2. Agreement between Users. If a Professional receives a Request from a Client, it is subject to the agreement between the two as set out in more detail in section 5 below.

3.3. Verification process. Users may be subject to a verification process before being able to register and during their use of the Mobile Mediq Platform. Although Mobile Mediq may perform background checks, Mobile Mediq cannot attest to the ongoing background checks of Users.

4.1. Services. During the Term (as defined in Section 11.1 (Term)), Mobile Mediq grants Users and affiliates the right to access and use the Mobile Mediq Platform, and all associated services, in accordance with the General Terms and Conditions (the "Services").

4.2. Temporary Suspension of Services. Mobile Mediq may temporarily limit or suspend the Services from time to time, at its discretion, including to perform upgrades and maintenance of the Mobile Mediq Platform.

4.3. Security and Account Access. Users must take all reasonable steps to prevent unauthorized access to the Mobile Mediq Platform, including protecting their passwords and other login information. The User must immediately inform Mobile Mediq if he becomes aware of any unauthorized access or use of his account.

4.4. Unacceptable User Conduct. In order to ensure safe and productive use of the Mobile Mediq Platform, Users must not engage in inappropriate conduct, nor permit third parties to use the Mobile Mediq Platform in an inappropriate manner, including (i) attempting to defame, abuse, threaten, stalk, intimidate or violate another User's rights in any way; (ii) impersonate any other person or entity; (iii) use the Services in a manner contrary to any applicable local, state, provincial, national or international law or custom, (iv) use the Services to send spam or other unsolicited messages in violation of applicable laws; or (vi) permit the submission of any User Data, or use User Data in any manner that is unlawful, harmful, threatening, abusive, violent, harassing, defamatory, vulgar, obscene, offensive, indecent, humiliating, hateful , unethical or otherwise objectionable, including on the basis of race, ethnicity, national origin, religious affiliation, sexual orientation, gender, identity of gender or a physical or mental disability. Users understand that by using the Services, they may be exposed to User Data submitted by users that is in violation of this Section, and in no event will Mobile Mediq be liable in any way for such User Data. Mobile Mediq shall have the right, at its sole discretion, to delete any User Data that violates the General Conditions.

4.5. Liability for User Conduct. MOBILE MEDIQ, INCLUDING ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE FOR THE CONDUCT, ACTS OR OMISSIONS, ONLINE OR OFFLINE, OF ANY USER OF THE MOBILE MEDIQ PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MOBILE MEDIQ AND ITS AFFILIATES FROM ALL LIABILITY, CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND NATURE, KNOWN AND UNKNOWN , SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR RELATED IN ANY WAY TO THE MOBILE MEDIA PLATFORM.

4.6. Compensation. The User shall defend, indemnify and hold harmless Mobile Mediq and its partners, shareholders, subsidiaries, agents, successors and assigns against any legal, administrative or arbitration action, lawsuit, claim, investigation or proceeding of third parties, including any interest accrued, arising out of, or related to (i) the content or nature of User Data; (ii) breach of any warranty, covenant or other obligation contained in the Terms and Conditions by User; or (iii) the use, abuse, misuse of the Mobile Mediq Platform.

5.1. Asked. When a Customer submits a Request on the Mobile Mediq Platform, Mobile Mediq contacts the Customer to agree on his availability and to inform him of the terms of the service. Mobile Mediq then offers Professionals the possibility of carrying out the service. Where a Professional accepts this Request, the Professional and the Client may agree on any terms and conditions for completing the professional services, including performing the services at any mutually convenient location, so long as they are not inconsistent with the terms of these Terms. General and to the Code of ethics of nurses, including this section 5 and do not affect the obligations and rights of Mobile Mediq.

5.2. Sample analysis. Once the professional services have been completed, Mobile Mediq will make sure to preserve the sample and submit it to a partner laboratory for analysis. The laboratory will then submit the results of the analysis to the healthcare professional who ordered the sample.

5.3. Independence. Mobile Mediq disclaims any authority to act on behalf of the Professional and assumes no liability for any act or omission of the Professional in the Professional Services.

5.4. Liability of the Professional. The Professional assumes full and sole responsibility for his acts and omissions and has complete discretion to determine whether the professional services can be completed according to the terms agreed with the Client.

6.1. Fees in the event of cancellation without reasonable notice. In the event, for any reason whatsoever, that a Client cancels or requests to modify his appointment with a Professional without prior notice of at least forty-eight (48) working hours, a fee of fifty dollars ($50.00) will be billed to the Customer.

7.1. Service charge. At the time of the Request, Mobile Mediq will require pre-authorized payment by credit card of the fees relating to the Request and will submit a receipt to the Customer. Once the Request has been completed, Mobile Mediq will be able to generate the funds withdrawn and issue a final invoice. In the event that the Request is cancelled, the pre-authorized payment will be returned to the Customer, subject to the provisions of the Cancellation Policy contained in Article 6.1 hereof.

7.2. Taxes. Unless otherwise stated, fees may include taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes that may be imposed by any jurisdiction local, state, provincial or foreign (collectively the “Taxes”).

8.1. User Data. User represents and warrants that it owns or has obtained all necessary rights, titles and interests, and has obtained all necessary consents to transfer User Data in connection with the Terms and Conditions, and that User Data 'User does not infringe any third party intellectual property rights. The User grants Mobile Mediq a worldwide, non-exclusive, perpetual and royalty-free right to access, use, process, copy, distribute, perform, export and display the Data of the User, only as permitted by law and as reasonably necessary (i) to provide, maintain and improve the Services; or (ii) to prevent or resolve service, security, support, or technical issues.

8.2. Protection of User data. Mobile Mediq will retain and process User Data in accordance with the Privacy Policy. Mobile Mediq has implemented technical, organizational and administrative systems, policies and procedures as well as other measures detailed in the Privacy Policy to help ensure the security, integrity, availability and confidentiality of the Data of the User, and to mitigate the risk of unauthorized access or use of User Data. Nevertheless, the hosting of data online involves risks of unauthorized disclosure, loss or exposure and, by accessing and using the Mobile Mediq Platform, the User assumes these risks, except in cases of gross negligence or illegal conduct of Mobile Mediq.

8.3. Personal information. When using the Services, the User may transfer User Personal Data to Mobile Mediq. Mobile Mediq will collect, access, or process any User Personal Data in accordance with the Privacy Policy. User consents to the transfer, processing, and storage of User Personal Data in accordance with the Terms and Conditions and the Privacy Policy.

8.4. Confidential Information. "Confidential Information" means any non-public, confidential or sensitive information, including User Data, disclosed by or on behalf of one Party (the "Disclosing Party") to the other Party (the "Receiving Party". ), and exclude any information that is:

9.1. Guarantee. Mobile Mediq declares and warrants that: (i) the Mobile Mediq Platform does not infringe the intellectual property rights of third parties or constitute an abusive or misused use of a trade secret; (ii) subject to the correct use of the User, the use by the Customer of the Mobile Mediq Platform does not infringe the intellectual property rights of third parties; and (iii) it has the right to grant access and use of the Mobile Mediq Platform to the user.

9.2.  Disclaimer of Warranty. MOBILE MEDIQ DOES NOT WARRANT THAT THE WEBSITE OR MOBILE MEDIQ PLATFORM WILL BE UNINTERRUPTED, TIMELY, FREE OF DEFECTS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT BE SUBJECT TO ANY USE OR 'UNAUTHORIZED DISCLOSURE. THE USER AGREES THAT THE MOBILE MEDIQ WEBSITE AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND ERRORS, IF ANY. MOBILE MEDIQ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILE MEDIQ DOES NOT CONTROL USER DATA AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH DATA AND ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THE MOBILE MEDIQ PLATFORM. MOBILE MEDIQ ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION OF THIS TYPE PROCESSED BY THE USER THROUGH THE WEBSITE OR THE MOBILE MEDIQ PLATFORM.

9.3.  Exclusion of guarantee concerning Professionals. MOBILE MEDIQ DOES NOT ENDORSE, CERTIFY OR WARRANT THE SKILLS OR QUALIFICATIONS OF PROFESSIONALS, OR THAT THEY ARE LICENSED, ASSURED, RELIABLE, SAFE OR SUITABLE TO PERFORM A PARTICULAR PROFESSIONAL SERVICE UNDER THE CUSTOMER'S PARTICULAR CONDITIONS. A PROFESSIONAL CANNOT BE FORCED TO PERFORM A SERVICE WHICH, IN HIS JUDGMENT, REQUIRES A GREATER DEGREE OF EXPERTISE.

10.1. Limitation. EXCEPT IN THE CASE OF FRAUD, PERSONAL INJURY OR DEATH OR WILLFUL OR GROSS MISCONDUCT, MOBILE MEDIQ'S CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS FOR PROVEN DIRECT DAMAGES ARISING FROM OR RELATED TO THE TERMS AND CONDITIONS. THE EXISTENCE OF MORE THAN ONE LOSS CANNOT ENLARGE OR EXTEND THIS LIMIT. THE PARTIES UNDERSTAND THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND TO LIMIT POTENTIAL LIABILITY GIVEN THE PLATFORM FEES, WHICH WOULD HAVE BEEN SIGNIFICANTLY HIGHER IF MEDIQ MOBILE HAD TO ASSUME ANY LIABILITY OTHER THAN AS PROVIDED HEREIN. MOBILE MEDIQ HAS BASED ON THESE LIMITATIONS TO DETERMINE WHETHER TO PROVIDE THE RIGHTS TO ACCESS AND USE THE SERVICES.

10.2. Exclusion. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO TO THE TERMS AND CONDITIONS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN CASE OF INTENTIONAL OR GROSS FAULT OF THE PARTY. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.1.  No rights granted. Mobile Mediq retains all rights, titles and interests in the Mobile Mediq Platform and in the content that the Customer accesses through the Mobile Mediq Platform, other than User Data. The General Conditions do not grant the Customer any intellectual property rights over the Mobile Mediq Platform or over the logos and other brands of Mobile Mediq. Users must not delete, modify or obscure any copyright, trademark or other proprietary notices appearing on the Site or the Mobile Mediq Platform.

11.2. Feedback. Any feedback or suggestions sent or shared by Users with Mobile Mediq or by the Mobile Mediq Platform to improve the Mobile Mediq Platform may be implemented by Mobile Mediq in any way, including future improvements and modifications. of the Mobile Mediq Platform. In this case, the User grants Mobile Mediq an unlimited, worldwide, irrevocable, perpetual, sub-licensable, transferable, fully discharged and royalty-free right to use any feedback or suggestions for any purpose without any obligation or compensation for the User or any third party. In addition, Mobile Mediq is free to reuse all general knowledge, experience, know-how, works and technologies, including ideas, concepts, processes and techniques, related to or acquired during the provision of the Services.

12.1. Term. The General Conditions are effective from the Effective Date as long as the User accesses the Mediq Mobile Platform, or as long as the Professional is subject to a subscription (the “Term”).

12.2. Termination. The General Conditions may be terminated by Mobile Mediq at any time if the user materially breaches one of his obligations under the General Conditions. If the material breach is curable, the General Conditions can only be terminated if this breach is not corrected within 15 days of notification of the breach to the user by Mobile Mediq;

12.3. Survival. All rights and obligations of the parties hereto which by their nature are reasonably intended to survive termination or expiration of the Terms and Conditions, shall survive termination or expiration of the Terms and Conditions, including Sections 2 (Relationship between Mobile Mediq, Professionals and Clients), 3 (Declarations and Warranties of Users), 4. 6 (Unacceptable Conduct of Users), 7 (Data), 8 (Exclusion of Warranties), 9 (Limitation of Liability) , 10 (Intellectual Property) and 12 (General) shall survive termination of the Terms.

13.1. Applicable law and place of jurisdiction. The General Conditions and the use of the Mediq Mobile Platform are governed, interpreted and executed solely in accordance with the laws applicable in the Canadian province of Quebec. Any dispute relating to the Services or the General Conditions, in any way whatsoever, will be brought before the courts of the judicial district of Montreal, in the Canadian province of Quebec, and the Parties waive any objection as to the suitability or desirability of such jurisdiction.

13.2. Specific execution. Notwithstanding any other provision of the Terms and Conditions, a Party that does not breach the Terms and Conditions may, upon breach of the Terms and Conditions, immediately seek enforcement of the Terms and Conditions through specific enforcement or injunctive relief, without the need to post a deposit or other guarantee.

13.3. Force Majeure. Unless expressly provided otherwise in the General Conditions, Mobile Mediq will not be liable for any failure or delay in the performance of its obligations due to an unforeseeable and irresistible event, including external causes having the same characteristics, which may include denial of service attacks, failure of a third party host or energy supplier, strikes, shortages, riots, fires, act of God, war, terrorism and action governmental.

13.4. Assignment and successors. The General Conditions bind the parties and apply to the benefit of their respective successors and assigns.

13.5. Waiver. No waiver by either party of any failure to perform by the other party shall constitute a waiver of any subsequent breach or default by the defaulting party.

13.6. Divisibility. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any provision of the Terms and Conditions invalid or otherwise unenforceable in any respect. In the event that any provision of the Terms and Conditions is held to be invalid or otherwise unenforceable, that provision will be construed to serve its purpose to the maximum extent permitted by applicable law, and the remaining provisions of the Terms and Conditions will remain in full force and effect.

13.7. Amendments. Unless the User has a written agreement, which supersedes the agreement with Mobile Mediq, Mobile Mediq may modify the General Conditions from time to time on its website, as its activities evolve. Any revisions to the Terms and Conditions will become effective on the date Mobile Mediq posts the changes. Users may review the most recent version of the Terms and Conditions at any time by visiting this page at www.mobilemediq.ca/terms-and-conditions. If Users use the Services or access the website, as the case may be, after the effective date of the modifications, such use or access will constitute acceptance of the revised terms and conditions.