Last Revised: November 1, 2023
The website, https://mapflow.ca (the “Site”) is owned and operated by MAPflow, Inc. (“MAPflow”, “Company”, “we”, “us”, or “our”).These terms of use (“Terms”) are the legally binding terms andconditions for the use of this Site. Please read all these Terms carefully.
By accessing or using this Site you are deemed to have read and are indicating your acceptance of, your agreement to be bound by, and your legal capacity to be bound by, the Terms which shall govern your access and use of the Site. You are also deemed to have read and accepted the terms of the MAPflow Privacy Policy https://mapflow.ca/privacy which is hereby deemed to form part of theseTerms. In addition, when you use any current or future MAPflow services, including the MAPflow user platform (“Platform”), you will also be subject to the MAPflow Terms of Use Agreement or other agreement governing your use of our services as applicable.
MAPflow may at any time, in our sole discretion, modify or revise these Terms from time to time without notice and you agree to be bound by such modifications or revisions. Changes of our Terms are effective immediately. It is your responsibility to visit this page periodically to review these Terms. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes and your continued agreement to abide by these Terms.
IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SITE.
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
If you use the Site in conjunction with other products or services, then the applicable terms for those other products or services will also apply.
You agree to use the Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to these Terms, you represent and warrant that you are legally capable of entering into a binding contract.
Your use of the Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Site is in full compliance with the laws of the jurisdiction(s) to which you are subject.
You agree to not use the Site to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems.
The Site and any of MAPflow’s service offerings are not medical devices and are nota replacement for providers of health care related services, as defined by relevant legislation, (“Health Services”) qualified, licensed and authorized to do so (“Health Service Providers”), or professional expertise.
You acknowledge and agree that MAPflow does not provide any medical advice, diagnosis or treatment, and that no pharmacy-patient relationship nor physician-patient relationship exists between MAPflow and you as a result of your use of the Site or any of MAPflow’s service offerings. MAPflow neither performs nor employs individuals to perform Health Services. MAPflow encourages you to consult with your Health Service Provider regarding all health-related issues.
IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including terminating, changing, suspending or discontinuing any aspect of the Site at any time, without notice. We may impose additional rules or limits on the use of our Site. You agree to review these Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Site or for any of MAPflow’s service offerings offered through the Site.
Your use of the Site shall comply with all applicable laws. You acknowledge and agree that any breach of these Terms or Privacy Policy would cause irreparable harm to MAPflow for which damages might not be an adequate remedy, and you hereby agree that in the event of such breach, MAPflow will be entitled to seek, in addition to any other right accruing to MAPflow under these Terms or otherwise in law or equity, injunctive relief against you without the necessity of proving actual damages.
You acknowledge that MAPflow owns all right, title and interest in and to the copyright and all other intellectual property rights in the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, materials, questions, results, or other content that is displayed or provided by the Site, including any aggregated anonymized user data (“Intellectual Property”).
No rights, title or interest in or to any trademark or other Intellectual Property owned by MAPflow is granted to you under these Terms.
The Site may contain hyperlinks or references to third-party websites that are not owned by MAPflow. Even if MAPflow is affiliated with the third party who owns the linked website, MAPflow does not have control over and accepts no responsibility for any content, materials, or information contained therein, or for their operation or lack thereof. Hyperlinks or references are provided for your convenience only. Any hyperlink is the sole responsibility of the owner or operator of the linked website and MAPflow shall not be liable for any losses or damages arising out of your use of any such link.
Any third-party websites or services accessed from the Site are subject to the terms and conditions of those websites and/or services. You are responsible for identifying and understanding those terms and conditions and complying with them. Third party trademarks or other indicia appearing on the Site are owned by their respective owners. Any unauthorized use of such trademarks is strictly prohibited.
Personal Information and Personal Health Information, including certain Patient Data, will be used by MAPflow solely in accordance with these Terms and the Privacy Policy accessible at: https://mapflow.ca/privacy, which is hereby incorporated by reference into these Terms.
When you visit the Site, Platform, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to ensure you provide an up-to-date and accurate email address regarding electronic communications.
If you have opted-in to receive marketing communications from us, we may send you promotional offers from time to time. You may unsubscribe at any time by clicking the unsubscribe link at the bottom of the message. This prevents any promotional emails from being sent to you unless you explicitly request that we re-add you to a promotion list.
You expressly understand and agree that the Site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this Site are provided by MAPflow on an “AS IS”, “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, MAPflow disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, MAPflow makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Site, the accuracy, completeness or reliability of any information contained on the Site, that the Site will continue to operate uninterrupted and error-free, and that the Site, or server(s) that make them available are free from viruses or other harmful components. MAPflow does not guarantee the quality, suitability, safety or ability of Health Service Providers and third-party providers. MAPflow does not guarantee the continued availability of the Site and may cease providing the Site at any time without notice. Should MAPflow cease providing the Site., you acknowledge and agree that your access and use may cease immediately, without any forewarning or any notification to you.
You acknowledge and agree that the entire risk arising out of your use of the Site remains solely with you. We will not be liable for any damages of any kind related to the use of our website.
To the maximum extent permitted by applicable law, neither MAPflow nor its affiliates is responsible for the fitness or conduct of any Health Service Provider or third-party provider or for any Health Services provided by any Health Service Provider or third-party provider. Neither MAPflow nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Health Service Provider or third-party provider.
MAPflow will not be responsible for any damage to your computer system or loss of data that results from your use of the Site.
If you have a dispute with a Health Service Provider, Patient, or third-party provider, you agree to release MAPflow, including MAPflow’s affiliates, and each of their respective directors, officers, employees, shareholders, affiliates, agents and third party contractors, suppliers and licensors (collectively the “Company Parties”), from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
THIS SITE IS NOT INTENDED TO COMMUNICATE MEDICAL OR PHARMACEUTICAL ADVICE. The Site is provided solely and expressly for informational and educational purposes. We do not warrant or guarantee that the Site, or information contained therein, is correct or accurate. Errors, inaccuracies, omissions, or imprecision in the Site, or information contained therein, cannot be completely excluded. The information provided on the Site is NOT meant as a substitute for medical or pharmaceutical advice and should not deter or detract from the guidance, advice, diagnosis or treatment of a licensed medical or pharmaceutical professional or health care provider.
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY APPLICABLE LAW. Under no circumstances shall any of MAPflow or Company Parties, be liable to you, or to any other party, for any losses, costs or damages of any kind or nature whatsoever that are suffered or incurred in any connection with the use of (or the inability to use) the Site (regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of essential purpose) even if the Company Parties or any of them has been informed in advance or ought reasonably to have known of the possibility for such damages.
In no event whatsoever shall the Company Parties be liable for any special, exemplary, punitive, consequential, incidental or indirect damages of any kind or nature whatsoever, including without limitation any loss or damages in the nature of or relating to medical injury, personal injury, mental distress, wrongful death, improper diagnosis, inaccurate information, or improper treatment, that are suffered or incurred in any connection with the use of the Site(including in any connection with advice, programming, or any services rendered by MAPflow, the transmission or downloading or storage of any data or submissions to or from the Site or the use of, or reliance on, any information or data contained on or provided through the Site, or loss of or damage to files or data or any costs of recovering or reproducing any files or data or loss of use or lack of availability of services or any business interruption or loss of revenue or profit or any other economic loss whatsoever) however caused and regardless of the form or cause of action and whether or not foreseeable, even if the Company Parties or any of them has been informed in advance or ought reasonably to have known of the possibility for such damages.
THE ENTIRE RISK AS TO THE ACCESS AND USE OF THE SITE AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU. MAPFLOW DOES NOT ACCEPT ANY RESPONSIBILITY FOR YOUR USE OF THE SITE, NOR FOR ANY RELIANCE WHICH YOU MAY PLACE ON ANY INFORMATION GIVEN IN CONNECTION OR DERIVED FROM THE SITE.
MAPflow shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond MAPflow’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Accordingly, only those liability and other limitations which are lawful in the applicable jurisdiction will apply to you and our liability is limited to the maximum extent permitted by law.
THE TERMS AND CONDITIONS OF THESE TERMS THAT LIMIT LIABILITY REFLECT AN INFORMED VOLUNTARY ALLOCATION OF RISK; SUCH ALLOCATION REPRESENTS A MATERIAL PART OF THESE TERMS. YOU AGREE THAT THE LIMITATIONS OF LIABILITIES SET OUT IN THESE TERMS ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES AND THAT YOU AND MAPFLOW WOULD NOT HAVE ENTERED INTO THESE TERMS BUT FOR THE APPLICATION OF THE PROVISIONS OF THESE TERMS THAT LIMIT LIABILITY.
By using this Site, you agree to defend, indemnify and hold harmless Company Parties from and against any and all damages (whether direct, indirect, incidental, consequential, punitive, or otherwise), losses, liabilities, claims, costs and expenses (including, without limitation, legal and accounting fees), alleging or resulting from any and all claims, including without limitation all acts of negligence, infringement and malfeasance, actions, demands, suits, and proceedings (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party relating to or arising out of your: (a) breach of these Terms; (b) access to or use of the Site; and (c) er disclosure to MAPflow of any other information or data and the use of same by MAPflow as contemplated hereunder.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DECISION MADE IN CONCERT WITH THE USE OF THIS SITE AND THE INFORMATION AND CONTENT THEREON.
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. The laws of any other jurisdiction shall not apply to this these Terms or the subject matter thereof.
By agreeing to these Terms, you irrevocably consent to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to all disputes, actions or proceedings arising out of or in connection with these Terms or in respect of any legal relationship associated with or derived from these Terms and expressly waive any defense of personal and/or subject matter jurisdiction in those courts.
MAPflow shall not be liable for delays in or for failures to perform hereunder due to causes: a) beyond our reasonable control; b) that could not reasonably have been foreseen by MAPflow at the time of the effective date of these Terms and/or Privacy Policy (as applicable); and c) the effects of which could not have been commercially reasonably avoided or overcome by MAPflow, where such causes include acts of God, acts or omissions of you or a third party, service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or power outages, pandemics or epidemics, public health emergencies, climate change, flood, earthquakes, riot, or war.
Unless specifically stated otherwise, these Terms, together with any applicable policies and any documents incorporated by reference herein, constitute the entire agreement between you and MAPflow as it relates to the access to, and use of, the Site and the subject matter and purpose of these Terms, and supersede all prior or contemporaneous agreements, proposals, proof of concepts, understandings, letters of intent, representations, negotiations, and discussions, whether written or oral, between MAPflow and you. Unless superseded by subsequent written agreement, these Terms will continue to govern the relationship between you and MAPflow in respect of the matters contained herein.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.
You represent and warrant that you possess the legal authority to enter into these Terms and that you will be responsible for your access and/or use of the Site. You are responsible for supplying any hardware (e.g., mobile device, computer) or software (e.g., device OS) necessary to access and/or use the Site.
If you have any questions about these Terms, or need to provide notice to, or communicate with, MAPflow under these Terms, please contact MAPflow via email at the email address specified below:
MAPflow, Inc.
info@mapflow.ca
No delay or omission by MAPflow to exercise any right or power it has under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by MAPflow must be in writing and signed by an authorized representative of MAPflow.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities, and any other right and obligation in these Terms which, by its nature, is intended to survive termination of these Terms, shall survive any termination of these Terms.
If you have any questions, or comments about these Terms please contact MAPflow via email at info@mapflow.ca.
