These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Credence Medicure Corporation. www.credencemedicure.com , https://portal.credencemedicure.com (hereinafter called as CMC, we or us). These Terms and Conditions represent the whole agreement and understanding between Credence Medicure Corporation and the individual or entity who subscribes to our services ("Subscriber" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. CMC may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that CMC believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
2. Services: We do not provide medical or healthcare advice
https://portal.credencemedicure.com is an online aggregator portal owned by Credence Medicure Corporation. Through this portal, patient connects with the doctor of his choice and the doctor provides medical advice. No information on this portal or on our website www.credencemedicure.com or what other users have written on our website is a medical or healthcare advice. The content contained in this site is for educational purposes and is an information that can lead you to the right healthcare provider but should not be solely relied on for seeking treatment. Relying on any information through our site by a doctor or hospital or healthcare company, is solely at their own risk. Relationship for medical advice is between a patient and the medical care provider and not between CMC and patient or doctor. Content for the purposes of this site includes but is not limited to videos, pictures, text and graphics.
3. Transparency: We do not work for any specific doctor or hospital
Credence Medicure Corporation or any of its websites do not recommend or suggest any specific treatment, doctor or hospital. User needs to understand and agree that CMC cannot realistically investigate all the information regarding doctors and hospitals in regard to their expertise, their educational credentials and their local accreditation. Also, this may change from time to time. It shall be the duty of the doctor or the service provider to make CMC aware of the change. CMC will make best efforts to reflect them on the portal but shall not be responsible if the information we are relying on is incorrectly given, knowingly or unknowingly.
4. Terms for the content/information provided by a user
As a user of this website, should you post, comment, leave a video, picture, graphics or in any way submit anything to our site, you assume all responsibility for that information. Further you understand that subject to our policy on privacy, CMC is not under any obligation to keep what you submit as confidential, in actual fact your submissions will be public and viewable by any users of our website, except confidential information such as the financial data. We can reject what you write or ask you to change it if we find the information does not meet our code of conduct, follow our rules and guidelines or is illegal, defamatory or libelous in nature. We assume no liability for acting or not acting regarding content that you are providing as a user. Further when you submit information to our site in the public or non-public area you are giving us a non-exclusive, indefinite, worldwide authorization to use that information for no compensation to you ever. CMC and/or its affiliates can use this information within its websites and other marketing material online or offline at any time whenever it chooses to in any medium that exists today or may exist in the future.
You cannot post on our website anything that violates any regional or international laws, is harassing to other people, supports a political position, is marketing a company or business, is an impersonation of another and any other such thing that CMC may choose to be a violation of our rules and regulations.
5. No Responsibility of any content that you rely on
6. Users obligations
Users are responsible for how they use this portal. The user is responsible for the decision to use this website, including any and all Services of CMC, and to separately seek any medical and/or other healthcare attention if required. Patients or other users may use the portal to post reviews based on personal experiences and to communicate with other users on the website or seek treatment from doctors and hospitals.
We shall encourage patients and other users to use our website to help others in selecting a healthcare provider, this is fundamental to our unique service. Unfortunately, other users may try to undermine the transparency in the industry that we are trying to foster and thus we take false/fraudulent reviews very seriously. Please note that users may not advertise products or exaggerate positive experiences or promote a specific doctor or hospital for money. Users may not promote someone they are related to, work for, work with, or a company they own. Nor can they market experiences with healthcare service providers for any form of compensation or fee. If these rules are not followed, then we understand that the customer experience transparency model that CMC has worked diligently to create is being undermined. CMC will suffer significant harm from these false/fraudulent reviews and CMC will impose a penalty amounting to a minimum of $10,000 USD for any such violation and pursue any and all legal recourse available to CMC.
Users also may not post anything that is obscene, defaming, libelous, disrespectful, racist, false, sexist or in any way harmful to anyone. We also do not allow you to post your personal contact details for confidential reasons. Users may also not market any medical advice or treatment procedures on our website to other users. Further, users may not use our website for their own commercial purposes by directing people to any online or offline non CMC related website. Users will not use any malicious software or files that is harmful to CMC or other users.
If you have a complaint about another user on the site, please contact us. CMC will take appropriate action.
A user is responsible for his/her password protection and other login details. If a user believes that someone is impersonating them or their security has been breached, please contact us immediately to rectify the situation.
A user acknowledges that use of the CMC site will be for non-commercial purposes and you will not use it to gather information or data for other businesses or as an agent for another business. Violation of this will be pursued through all and any legal means necessary by the management at CMC. A user upon submitting his email address for services offered by the CMC portal, consents to receive emails from CMC which may be commercial or promotional in nature. You may unsubscribe from these emails but if you are an account holder and have signed up, you may still get account related emails.
7. Service Fees / Payments / Invoices
All CMC Service fees and charges are quoted and billed in US Dollars unless otherwise noted. https://portal.credencemedicure.com uses an automated payment processing system which accepts credit card or PayPal payments at this time. In certain circumstances, payment can be made in the bank account of CMC through a wire transfer, direct or check deposit. All subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, CMC may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
CMC may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full. Billing inquiries and disputes should be brought to CMC's attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, CMC reserves the right to put your account into "Registrar Hold" status and deny any requests until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
CMC reserves the right to modify service fees and rates, effective upon posting on our website or on this Agreement. Current service charges include the following (non-exclusive list):
|Account Reactivation Fee||Chargeback Service Charge||Refund Processing Fee|
|US$ 35.00||US$ 50.00||US$ 50.00|
8. Subscriber Responsibility
When you apply to subscribe for CMC services, you will be asked to select a user ID and password. The user ID and password are the means through which you access our services. You acknowledge and agree that it is your responsibility to safeguard the user ID and Password you select from any unauthorized use. In no event shall CMC be liable for the unauthorized use or misuse of your user ID or password.
Subscribers are responsible for maintaining accurate account information at all times, including bank, credit card and contact information. This information can be updated in your account.
9. Links to/from other websites
At times, www.credencemedicure.com or https://portal.credencemedicure.com may have links to other sites and/or you may have come to the portal/website through another website. CMC takes no responsibility for these third party websites. CMC does not endorse them, nor does it take any liability for the content, links, data, information, etc. that a user may or may not rely on at the third party website. A user indemnifies CMC for any loss at a third party website, the user is visiting third party websites at their own discretion.
10. Warranty Disclaimer
The website is used on an as is, where is basis. This includes all faults, wherever you find them, as available. CMC will not make any warranties to the content or the CMC portal/website. CMC disclaims all warranties, guarantees that may be expressed or implied for any services whatsoever.
CMC will not be responsible to users or anyone for actions, treatments, decisions made by any party in reliance on the content or other information about healthcare service providers or treatments that are posted on the CMC portal/website or its affiliated websites or is available as a service through CMC.
11. Liability Limit
CMC limitation of liability means that CMC will not be liable to users or anyone for any damages which may be direct or indirect, punitive, special, incidental even if CMC was aware of the chance or likelihood of damages. The extent of any liability to CMC will be the amount the user has paid to CMC for any particular service for which and by which the damage may occur. CMC will not be liable for any attorney costs, expenses, injury, death and trauma arising from any treatment or procedure from any healthcare service provider. This waiver of liability extends to any negligent, intentional or unintentional, errors and/or omissions by any healthcare service provider and/or their related and nonrelated entities including but not limited to laboratories, pharmacies, pharmaceutical companies, mental health counselors, doctors, surgeons, nurses and administrative staff.
12. CMC’S INTELLECTUAL PROPERTY
CMC has worked hard on its intellectual property. CMC and its affiliated entities own all video, written text, photos, designs, unique website code and all other components of the CMC website and services. CMC is the owner of any/all trademarks and other intellectual property in every jurisdiction of the world associated with CMC including its content and services. No one is allowed to reverse engineer, replicate, copy, in whole or in part any intellectual property of CMC without our express written consent. You will be pursued to the fullest extent of the law if you try to reproduce, copy or try to create any work based on our unique proprietary concept or technology.
If a user believes that any item has infringed their copyright or any other intellectual property violation, please notify CMC immediately. CMC urges you to please provide in writing:
a) The work that you believe violates your intellectual property.
b) A statement as to how/why it infringes your intellectual property.
c) Swear/attest that the statement you are making is accurate as the owner or a representative of the owner of the intellectual property.
d) Provide contact information so we may correspond with you to rectify the situation immediately
14. Prohibited Conduct
CMC does not allow the use of unsolicited commercial email ("Spam") to promote products or services. Any Subscriber engaging in the sending of Spam through our network or promoting information on websites hosted by us will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity .
The following is a non-exclusive list of content, and behavior prohibited by CMC:
- Content that contains or contains links to nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any CMC service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
You agree that, unless other instructions are posted on any CMC website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for CMC posted on the CMC websites. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by CMC. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by CMC's designated customer review software provider for customer experience and service feedback.
17. Reservation of Rights
CMC reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against CMC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that CMC determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
- You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
18. Termination of service
If CMC believes or has reason to believe or has suspicion that a user is or will or might violate this agreement, CMC can unilaterally suspend or terminate the account of the user on the CMC website. If CMC does terminate a user’s account all the indemnity of the user remains and all obligations of the user shall survive. CMC reserves the right to terminate user services under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts CMC business operations or affects any other party
The user agrees to indemnify CMC and its affiliated companies, directors, shareholders, owners, management, staff and/or related entities from any and all liability, damages, demand claims and legal fees made by any party that comes from use of the CMC website/portal, the use of CMC’s services and/or contravening this agreement.
20. Force Majeure
CMC will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
21. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
22. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the state of Texas and the federal laws of United States of America.
User may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the City of Garland, County of Dallas, State of Texas, United States of America for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.