Terms & Conditions
*Please read these terms and conditions and our privacy policy carefully before using Our Service*
Last updated: August 19th, 2022
Interpretation and Definitions
Interpretation
The words with an initial Capital have meanings that we will define. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity controlled by or under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
- Country refers to British Columbia, Canada.
- Company (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Canada Medical Exams Society
- Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Terms and Conditions Generator helped us create this Terms and Conditions Agreement.
- Third-party Social Media Service means any services or content (including data, information, products or services) that a third-party provider may display, include or make available by the Service.
- The Website refers to the Immigration Medical Exam, accessible from medicalexam.ca
- You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
You need to accept and comply with these Terms and Conditions to access and use the Service. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to the use of our Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that we do not own or control.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability has a limit to the greatest extent that the law permits
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and all faults and defects without any warranty. To the maximum extent permitted under applicable law, the Company, on its own behalf and behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. the exclusions and limitations in this section shall apply to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For the European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
Severability and Waiver
Severability
Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material. We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
The Website Privacy Policy in details
This Website Privacy Policy informs everyone of the Canada Medical Exams Society’s commitment to privacy as well as establishes the methods by which privacy is ensured. Therefore, this Website Privacy Policy applies to all personal information within Canada Medical Exams Society’s possession and control.
At Canada Medical Exams Society, we care about your privacy. This is why we collect and use your personal information only as needed to deliver our services and communicate with you effectively.
Your personal information includes information such as:
- Name
- Email address
- Phone Number
The only time we collect your information is when we ask you to complete a form in order to book your Medical Exams.
The information is collected directly from you when you complete the form.
Cookies and Similar Technologies
Cookies and similar technologies on our websites allow us to track information, such as your browsing behaviour, the links clicked, your device type, as well as to collect various data. This also includes analytics about how you use and interact with our Services. These technologies automatically collect data when you use and interact with our Services. It includes data such as:
- Metadata
- Log files
- Cookie/device IDs
- Page load time
- Server response time
- Approximate location information.
Thanks to all that data, we can measure website performance and improve our systems. Specifically:
- Interactions with the features
- Content and links (including those of third-parties, such as social media plugins) contained within the Services such as:
- Internet Protocol (IP) address
- Browser type and settings
- The date and time the Services were used
- Information about browser configuration and plugins
- Language preferences and cookie data
- Information about devices accessing the Services, including the type of device
- What operating system is used
- Device settings
- Application IDs
- Unique device identifiers
- Error data is collected.
Finally, all this allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, as well as to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services.
Sharing with trusted third-parties
We will also disclose your information to third parties:
- Accuro: medical software that we use for online bookings and with the doctors to book your appointment and record your medical information for medical exam purposes.
However, if we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. Therefore, we are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.
How we secure, store and retain your data.
We follow generally accepted standards to store and protect the personal information we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.
We retain personal information only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods.
Retention Periods:
- mandated by law, contract or similar obligations applicable to our business operations;
- for preserving, resolving, defending or enforcing our legal/contractual rights; or
- needed to maintain adequate and accurate business and financial records.
If you have any questions about the security or retention of your personal information, you can contact us at cmes@medicalexam.ca
Lastly, if you make a request to delete your personal information and that data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
Non-Discrimination
We will not discriminate against you for exercising any of your privacy rights. Unless permitted under applicable laws, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changing to the Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.
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