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Termes et Conditions

TERMS AND CONDITIONS OF USE OF THE EFFICACITÉ M.D. APPLICATION SOFTWARE

Welcome to the Efficacité M.D. App

Important

Your use of the Efficacité M.D. Application Software (“Application”) is subject to this Agreement. Carefully read all of the following terms and conditions before using the Services, described below. By subscribing to the Application and by clicking the “I accept” button below, you indicate your acceptance of these terms and conditions and you agree that they legally bind you.

This is an agreement between you, as a Registered User, and Efficacité M.D. (“Agreement”). The effective date of this Agreement is when you accept the terms and conditions below by clicking the “I accept” button described above.


http://www.cmq.org/publications-pdf/p-1-2015-02-01-fr-medecin-telemedecine-et-tic.pdf


I. Definitions

Agreement refers to this agreement between the Registered User and Efficacité M.D. ;

Application refers to the Efficacité M.D. Application Software;

Efficacité M.D. refers to the company duly incorporated as 9292-9264 Quebec Inc. and having its head office at 1601 boul. St.-Regis, Dollard-des-Ormeaux, Quebec, H9B 3H7;

Personal Information has the meaning ascribed to it in applicable privacy legislation and furthermore includes, without limitation, all confidential physician and patient data;

Patient Personal Information includes the patient name, RAMQ number and Text Message input to the Application for the purposes of using the Services;

Personal Data and Information of the Registered User refers to the data and information described and set out at section IV;

Privacy Laws refers to the Personal Information Protection and Electronic Documents Act, (Canada) an Act Respecting the Protection of Personal Information in the Private Sector (Quebec), An Act Respecting Health Services and Social Services (Quebec), An Act to Establish a Legal Framework for Information Technology (Quebec), the Code of Ethics of Physicians (Quebec) and all other laws, regulations and guidelines, including those published by the Collège des médecins (Québec) or the Canadian equivalent, relating in whole or in part to the collection, use and disclosure of personal Information;

RAMQ refers to the Régie de l’assurance maladie du Québec;

Referring Physician refers to a physician i) registered with the Collège des médecins (Québec); ii) licensed to practice in Québec and iii) who has subscribed to the Application as a Referring Physician for the purposes of the Services;

Registered User refers to the Referring Physician and Subscribing Specialist;

Services refers to those described and set out at section III;

Subscribing Specialist refers to a specialist i) recognized under the Regulation respecting medical specialties (Québec); ii) who has a specialist’s certificate from the Collège des médecins (Quebec) or another provincial or federal licensing body recognized by Efficacité M.D. and iii) who has subscribed to the Application as a specialist for the purposes of the Services;

Text Message refers to the Referring Physician’s brief description of a patient’s condition and the medical question in 140 characters or less input to the Application for the purposes of the Services and any response to this message by the Subscribing Specialist.


II. Grant of Licence

This Agreement grants to the Registered User the rights to install, use, access, display, run, or otherwise interact (“Run”) with the Application on a computer, workstation, terminal, handheld PC, "smart phone," or other digital electronic device for the purposes of the Services.

The Registered User acknowledges and agrees that:

  1. it is a condition of this license that the Application may only be used in Quebec and only by physicians that are licensed to practice in Quebec, while fulfilling his/her duties as physician;
  2. should the Registered User at any time cease to be licensed to practice medecine in Quebec and/or Canada, then the Registered User shall no longer have any rights to Run the Application and must immediately cease Running the Application.
  3. The rights of the Registered User under this Agreement are non-exclusive.
  4. The Registered User may not rent, lease, license, lend, distribute, sell, transfer or assign the Application to others.
  5. The Registered User may not reverse engineer, decompile, or disassemble the Application.
  6. This Agreement does not grant the Registered User any rights in connection with any trademarks, service marks or other intellectual property rights of Efficacité M.D..
  7. All title and copyrights in and to the Application and any and all improvements, variations, updates, upgrades, modifications, enhancements to the Application or derivative works of the Application, if any (including but not limited to any images, photographs, text, and "applets" incorporated into the Application), any accompanying printed materials, and any copies of the Application are owned by Efficacité M.D. or its suppliers.
  8. If this Application contains documentation that is provided only in electronic form, the Registered User may print a copy or copies of such electronic documentation.

III. Description of Services

The Application provides Referring Physicians with the infrastructure and software necessary to direct requests for telephone or videoconderence consultation to Subscribing Specialists within a selected and defined geographical area in real time, one specialist at a time (“Services”). The Subscribing Specialist who receives a request has five (5) minutes to respond to the Referring Physician’s request for consultation. If the Referring Physician does not receive a response within five (5) minutes after sending the text message via the Application or if the Subscribing Specialist refuses the consultation via the Application, the Application will push the Referring Physician’s text message to the next Subscribing Specialist on the list within the selected and defined geographical area.

The means of communications chosen for the purposes of completing the consultation itself are outside the scope of the Services and remain the sole responsibility of the Registered Users.

The Application also provides the Registered Users with the necessary information, in electronic format, required for billing the RAMQ for the consultation (namely, patient name, RAMQ number, the license number of the Referring Physician and the Subscribing Specialist, and the initial Text Message query) once the consultation request has been accepted.


IV. Subscription

In order to use the Services, a Referring Physician or Subscribing Specialist must first subscribe to the Application to become a Registered User.

At the time of subscription:

  • The Registered User must provide identification data: name, username, professional and personal addresses, telephone number, mobile number, email address.
  • The Registered User must provide profile information: country and province of residence, language preference.
  • The Registered User must provide payment information: credit card information, Square or Paypal account information for the purposes of the Remuneration for Use described below.
  • The Referring Physician must provide his or her license number with the Collège des médecins (Québec) and a government issued photo I.D and a copy of any licence issued from a provincial college or a national licensing body (including, without limitation, the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians Canada or the Collège des médecins), if applicable and, in the case of Subscribing Specialists, a government issued photo I.D and evidence of their licensed speciality, notably a copy of a licence issued from a provincial college or a national licensing body (including, without limitation, the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians Canada or the Collège des médecins).
    (collectively, “Personal Data and Information of the Registered User”)

Efficacité M.D. will verify the Registered User’s credentials (inscription and specialty) with the Collège des médecins (Québec) or other provincial or national licensing body at the time of registration. Any change in the Registered User’s credentials shall be immediately reported by the Registered User to Efficacité M.D..

The Registered User can access and amend his or her account information at any time.


V. Remuneration for Use

At the present time, Éfficacité M.D. will be not be requiring remuneration for the download or use of its software. This may change upon further notice or upon future updates of the terms and conditions.


VI. Privacy of Registered User Information

Efficacité M.D. will use the same organizational and technical measures to protect the the Personal Data and Information of the Registered User as it uses to protect its own information..

Efficacité M.D. will not disclose to any third party, any Personal Data and Information of the Registered User provided without the Registered User’s prior consent, unless required or permitted by law or in response to a subpoena or an order of a competent body having the power to compel.

Authorized employees or suppliers of Efficacité M.D. may access the Personal Data and Information of the Registered User or Patient Personal Information in order to be able to fulfill their given duties in the course of performing the Services. Efficacité M.D. will ensure that these authorized employees or suppliers are informed of their obligations to respect the confidentiality of Personal Data and Information of the Registered User.

Efficacité M.D. will use Personal Data and Information of the Registered User for the purpose of providing the Services and to verify their credentials with the Collège des médecins (Québec) or other provincial or national licensing body.


VII. Privacy of Patient information

At the time of each use of the Appilcation for the purposes of the Services, a Referring Physician shall input into the Application:

  • the Patient RAMQ number;
  • the Text Message; and
  • The specialty from which the Referring Physician requests a consultation.

Only the Text Message will be sent to the Subscribing Specialists at the time of a request for a consultation. The RAMQ number only becomes available to the Subscribing Specialist once the invitation to consult is accepted and then, for billing purposes alone.

Efficacité M.D. will take reasonable and appropriate organizational and technical measures to protect the confidentiality of Patient Personal Information.

Efficacité M.D. will not disclose to any third party, any Patient Personal Information, unless required or permitted by law or in response to a subpoena or an order of a competent body with power to compel.

The Registered User agrees to comply with all applicable laws in connection with his or her use of the Application, including all Privacy Laws in connection with the Services.

The Registered User further agrees to refrain from communicating the patient name, RAMQ number or other personal characteristics that would allow the patient to be identified until such time as the Subscribing Specialist accepts the Referring Physician’s consultation request.

The Registered User agrees that his/her use of the Application and the Services shall respect the following guidelines of the Collège des médecins:

“Le Collège des médecins recommande que pour une demande de consultation, le médecin utilise uniquement les courriels sécurisés, car généralement le nom et le numéro d’assurance maladie du patient doivent y figurer.
En outre, le médecin doit:
Obtenir le consentement du patient.
Addresser le courriel à un seul destinataire.
Poser clairement ses questions au consultant et transmettre toute l’information requise afin de recevoir une réponse pertinente.
Demander un accusé de réception.
Demander au consultant un échéancier raisonnable pour donner sa réponse.
Si des photos sont prises avec un appareil photo ou un téléphone intélligent, s’assurer que toutes les images sont effacées après leur transfert au dossier du patient.
Informer le consultant que les échanges seront classés dans le dossier du patient.
Insérer l’opinion du consultant dans le dossier du patient.”

The use of this Application for the purposes of the Services does not exempt a Registered User’s obligations to his or her patients pursuant to Privacy Laws. It remains the sole responsibility of the Registered Users to obtain a patient’s consent to the consultation before using the Application, as recommended by the Collège des médecins (Québec), to proceed with a consultation via information technologies.


VIII. Retention & Destruction

Efficacité M.D. will retain the following Personal Information for as long as necessary to perform the Services and comply with its legal obligations, after which it shall be destroyed:

  • The names and licence numbers with the Collège des médecins (Québec) of Referring Physician and Subscribing Specialist having agreed to a specific consultation;
  • The patient RAMQ number;
  • The Text Message;
  • The date and time of the acceptance of the consultation by the Subscribing Specialist.

IX. Limitation of Liability

Efficacité M.D. makes no representation as to the quality or appropriateness of Subsccribing Specialists’ advice. It remains the responsibility of the Referring Physician to make his/her own assessment of the quality and appropriateness of the advice received.

The Registered User acknowledges and agrees that: (i) it is the sole responsibility of the Registered User to determine his/her use of the Application and Efficacité M.D. does not have any responsibility for the Registered User’s use of the Application; (ii) the Application is not intended as a replacement for the Registered User’s professional advice and individualized patient care; (iii) Efficacité M.D. will not be responsible for any errors, misstatements, inaccuracies or omissions in the use of the Application or any delays or interruptions in the use of the Application; and (iv) the Registered User assumes sole responsibility for any and all use of the Application.


X. Accessibility

The Registered User understands that from time to time the Services may be interrupted for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Efficacité M.D. may undertake from time to time without prior notice; (iii) problems with internet access; or (iv) causes beyond the control of Efficacité M.D. or which are not reasonably foreseeable by Efficacité M.D..


XI. Indemnification

The Registered User agrees to indemnify, hold harmless and defend Efficacité M.D. from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) the Registered User’s breach of the terms of this Agreement and (b) the Registered User’s use of the Services, including any Personal Information transmitted or received by the Registered User.


XII. Termination

Without prejudice to any other rights, Efficacité M.D. may terminate this Agreement if the Registered User fails to fulfill any obligation under this Agreement. In addition, Efficacité M.D. reserves the right to terminate this Agreement, at its sole discretion, if for any reason it is of the view that the use being made of the Application is inappropriate, improper, misleading or fraudulent.


XIII. Governing Law

This Agreement shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein. In the event of a dispute, the Registered User and Efficacité M.D. agree to submit to the exclusive jurisdiction of the Québec courts.

The parties have required that this Agreement and all documents relating thereto be drawn-up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

By registering to the Application and by clicking the “I accept” button below, the Registered User agrees to use the Application for the sole purpose for which it was designed and to abide by the terms of this Agreement.

Version Francaise disponible sur demande.