scope and application
The present terms of use (the "Conditions"), as well as the other documents mentioned and hyperlinked below (collectively, the "Agreement"), constitute a legally binding agreement between you and ExcelleMD Phlebology & Aesthetics ("ExcelleMD") regarding your rights and responsibilities as a user ("User") of the website excellemd.com (the "Site"). In this agreement, the terms "we", "our" and "ours" refer to ExcelleMD and the terms "you" and "your" refer to a User.
Your visit to the Site constitutes your acceptance of the Agreement. Therefore, please take the time to read it carefully. You should also read ExcelleMD's privacy policy ("Privacy Policy"), which is mentioned in the Terms of Use.
If you do not agree with all or part of these conditions, do not access the site and do not use it.
use and scope of information
The Site is provided for general information purposes only. While ExcelleMD makes reasonable commercial efforts to ensure that the information contained on the Site is accurate, ExcelleMD does not guarantee and makes no representation as to the accuracy or completeness of the information or data provided on the Site.
medical information
The site is intended to provide you with information about ExcelleMD clinics and to give you the opportunity to make an appointment, in person or online, with a healthcare professional. No blog, information, or other media on the site is intended to convey medical advice, and no information should be considered as medical advice for any reason. If you have any questions relating to a medical issue, please contact a healthcare professional. Please contact the nearest emergency service in case of emergency or if you require immediate assistance.
privacy policy and other policies
You understand and acknowledge that your use of the Site is also governed by our Privacy Policy, which you have read and understood, and to which you agree. You consent to the collection, use, and disclosure of your personal information by us and/or by third parties, in accordance with the terms and purposes set forth in our Privacy Policy. Furthermore, you also agree that your use of the Site is subject to other policies and procedures that we may communicate to you from time to time.
Property
Any use of any of the elements (in whole or in part) is strictly prohibited, except only and to the extent expressly authorized above.
These Conditions provide only a limited license to access and use the Site. As a result, ExcelleMD does not transfer any ownership rights or intellectual property interest or title in the Site to you or any other person in connection with your use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, look and feel and arrangement of any content on the Site or available through it (collectively, the “Content”) are exclusively owned, controlled or licensed by ExcelleMD. ExcelleMD and all other names, logos, trademarks and icons identifying ExcelleMD and its parent company WELL Health Technologies Corp (“WELL”), as well as their products or services, are the exclusive property of ExcelleMD and WELL, and any use of these marks without prior written authorization from WELL is expressly prohibited. Other trademarks or service marks identified on the Site or through it may be trademarks or service marks of third parties. No part of the Site may be construed as granting a license or right to use a mark (whether impliedly or otherwise), including our marks, except with our express written permission or that of the other party who may be the owner. The Content may be protected by copyright, trademark and other laws of Canada and other countries, and WELL holds all copyrights in the selection, coordination, arrangement and enhancement of the Content. Any use of any of the elements (in whole or in part) is strictly prohibited, except only and to the extent expressly authorized above.
submissions
For any documentation you submit on the Site, by email, or on any social media platform, you grant ExcelleMD and WELL a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works and/or sell and/or distribute this documentation and/or incorporate this documentation into any form, medium, or technology worldwide, without any compensation to you.
Any documentation you submit on or through the Site (or any social media platform) may be used at the sole discretion of ExcelleMD. ExcelleMD reserves the right to modify, condense, or remove any documentation from the Site (or any social media platform) that WELL deems, at its sole discretion, to violate any provision of these Terms. ExcelleMD reserves the right to remove or refuse to publish any submission for any reason. You acknowledge that you, and not ExcelleMD, are responsible for the documentation included in your submission. No portion of the documentation you submit will be subject to any confidentiality obligation on the part of ExcelleMD, its agents, subsidiaries, affiliates, partners or third-party service providers, as well as their respective administrators, directors, and employees.
By submitting documentation on the Site or through social media, you declare and warrant that you are the sole author and owner of the intellectual property rights in this documentation and that you waive any moral rights to it. You must not submit, post, or otherwise transmit to ExcelleMD or WELL or through the Site (or a social media platform) anything that: (a) defames, slanders, or invades the privacy of any person; (b) is obscene, pornographic, abusive, or threatening; (c) infringes on the intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e., malware); (e) violates a law; (f) advocates or describes illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with law enforcement authorities or any court order requesting or directing us to disclose the identity of any person posting such information or documents. If you violate any of these terms and conditions, we may enforce our rights to the fullest extent permitted by law.
links
The Site may contain links to other websites. These links are provided solely for convenience and the inclusion of a link does not imply that ExcelleMD endorses, verifies, or investigates the linked website or the information it contains. Your use of these sites and your relationship with their owners or operators is at your own risk.
errors and inaccuracies; corrections
The Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The Site and Content are provided 'as is', 'where is', 'as available', without representation or warranty of any kind by ExcelleMD. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELLEMD AND ALL DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS OF WELL DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM A TRANSACTION OR COMMERCIAL USE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not represent or warrant that the Site and Content are accurate, complete, reliable, useful, timely or current, or that the Site will operate without interruption or error. We assume no responsibility and are not liable for any damage to your computer equipment, data or other property as a result of your access to the Site, use of the Site, browsing the Site, or your inability to do any of the foregoing.
Limitation of liability
Use of the Site and Content is at your own risk. In no event shall ExcelleMD or WELL, nor any of their directors, officers, shareholders, employees, agents, contractors, and suppliers, be liable for any direct, incidental, indirect, or punitive damages resulting from your access to the Site and Content or their use, your reliance on the Site and Content, or any consequences thereof. ExcelleMD is not responsible for late, lost, incomplete, illegible, misdirected, or stolen messages, unavailable network connections, failed, incomplete, distorted, or delayed computer transmissions, online failures, software malfunctions or other technical failures or disruptions, or any other communication failures or circumstances affecting, disrupting, or corrupting communications. THIS IS A COMPLETE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, OR PROFITS, OR THE INABILITY TO REALIZE EXPECTED PROFITS), WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
If you are not satisfied with the Site, Content, or this Agreement, your sole and exclusive remedy is to discontinue use of the Site or Content, as applicable.
compensation
You agree to indemnify and hold harmless ExcelleMD, WELL and all officers, directors, employees, shareholders, agents, contractors and suppliers of ExcelleMD and WELL (in this section, "we" and "our") against any claim, cause of action, demand, cost, loss, expense, or liability (including, without limitation, reasonable professional fees) brought against us or suffered or incurred by us as a result of your use of the Site or Content or your breach of this Agreement. When we are threatened with litigation or sued by a third party, we may seek written assurances from you regarding your promise to indemnify us; your failure to provide such assurances may be considered by us as a material breach of this Agreement. In addition, in the event that we are the subject of a claim, suit or action arising out of or related to any service provided by us, which is: (a) initiated by you, which does not succeed; or (b) initiated by a third party, who sues you; you will reimburse us at a reasonable rate for all personnel time and expenses we have spent in response to such claim, suit or action, including, but not limited to, all attorney's fees and expenses we incurred for such response. This defense and indemnification obligation will survive termination of this Agreement and your cessation of use of the Site.
applicable law and courts
The present Agreement and your use of the Site shall be governed and construed exclusively in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all international private laws. You also agree that, although it is accessible from various territories, the Site will be deemed to be solely based in the province of British Columbia, Canada, and that the Site will be deemed to be passive and not give rise to personal jurisdiction over ExcelleMD in territories other than the province of British Columbia. You hereby consent and submit to the exclusive jurisdiction of the courts located in the province of British Columbia for any dispute arising from your use or inability to use the Site or the present Agreement, or relating to it. However, you agree that nothing herein shall prevent WELL from seeking injunctive relief or other urgent legal remedies in any territory.
divisibility; renunciation
The provisions of this Agreement are severable. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent permitted by applicable law, and that decision will not affect the validity and enforceability of the other provisions. No consent or waiver by any party to a breach or default by the other party in the performance of its obligations under this Agreement will be deemed or interpreted to be a consent or waiver to any continuing or subsequent breach or default of those obligations or any other obligations of that party. No consent or waiver will be effective unless it is in writing and signed by both parties.
survival
All provisions which, by their nature, require survival in order to give effect to their terms, will survive the termination of this Agreement.
non-cession
The present Agreement is entered into between you and ExcelleMD and is not assignable or transferable, except with the express written consent of ExcelleMD, which may be refused without valid reason. ExcelleMD may assign or transfer any of its rights or obligations under this Agreement without your consent.
third-party beneficiary
Except for WELL, who has the right to enforce any provision of this Agreement on behalf of ExcelleMD for itself, there are no other third-party beneficiaries under this Agreement.
force majeure
We will not be liable to you, and will not be deemed to have failed to fulfill our obligations or to have breached this Agreement, in the event of any failure or delay in the performance of this Agreement, when and to the extent that such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, but not limited to, force majeure, floods, fires, pandemics, earthquakes, tsunamis, explosions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil disturbances, national emergencies, revolutions, insurrections, epidemics, lockouts, strikes or other labor disputes (whether involving our personnel or not), or restrictions or delays affecting carriers, or the inability or delays in obtaining adequate or appropriate content supplies, transmission failures of content or telecommunications, or power outages.
entirety of the agreement
This Agreement, as well as the documents incorporated or referred to herein, constitute the entire agreement between you and us regarding your use of the Site and Content, and replace any prior agreements or arrangements (whether electronic, oral, or written) on this subject, and cannot be amended or modified, except with our express and explicit consent to modify this Agreement in writing, or by making such amendments or modifications available to you in accordance with a modification of this Agreement, which we may do unilaterally and at any time. In the event of a conflict between the provisions of the Agreements and the provisions of any other document or agreement incorporated or referred to herein, these conditions will prevail in case of inconsistency. We reserve the right to unilaterally update or modify (collectively,
terms of service
• Although ExcelleMD's medical staff strives to read and respond promptly to electronic communications sent, among other methods, by email, text message, or instant message, it cannot guarantee that they will read or respond within a specific timeframe. Therefore, the Services should not be used in cases of medical emergencies or other situations requiring swift attention.
• If an electronic communication requires or requests a response from a member of the medical staff and no response is received within a reasonable timeframe, it is the responsibility of the patient to follow up to determine if the intended recipient received the communication and when they will respond.
• Virtual care cannot substitute for in-person or telephone communication, clinical examinations, if applicable, or emergency consultation as needed. It is the patient's responsibility to follow up on electronic communications and make necessary appointments.
• Electronic communications or recordings of virtual consultations regarding a diagnosis or treatment may be fully printed or transcribed and become part of the medical record. Other individuals with access rights to the medical record, such as billing and administrative personnel, may also have access to these communications and recordings.
• The physician may forward electronic communications or recordings to their staff or other individuals involved in care provision and administration. The physician may use one or more Services to communicate with these individuals. However, they may not forward electronic communications or recordings to third parties, including family members, without obtaining the patient's prior written consent, except in cases authorized or required by law.
• In addition to the matters mentioned in the previous point, the undersigned agrees to inform the physician of any information they do not wish to be addressed using the Services. The patient may modify this list at any time by notifying the physician in writing.
Some Services may not be used in certain therapeutic situations or to communicate clinical information. Where applicable, the use of these services will be limited to communications for educational, informational, or administrative purposes.
• ExcelleMD is not responsible for the loss of information caused by technical failures related to the patient's software or Internet service provider.