TaperMD™ Terms of Use

(Last modified September 17, 2017)

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET OUT BELOW, DO NOT USE THIS WEBSITE.

Introduction

1.1           The following Terms constitute a legal agreement between you and Data Based Medicine Americas Ltd. (“DBM”), which owns and operates the TaperMD Portal (“the Portal”), accessible through our website meds.tapermd.com (“the Website”).

1.2           These Terms govern your use of the Portal and the Website (“the Services”). Please read them carefully. By using the Services, you are indicating your agreement to these Terms and all revisions. If you disagree with these Terms, or any part of these Terms, you must not use the Services.

1.3           The Portal is a web-based tool that allows health care providers, including medical professionals such as doctors, nurses, and pharmacists, as well as hospital, nursing home administrators, and patients to interact online and access a common resource set to inform medication optimization.

The Portal is intended only to do the following:

  • Be used by health care providers and practitioners to review and possibly reduce the medication burden on Patients.
  • Allow Patients to seek general or specific information relevant to a Patient’s medications from health care providers and practitioners.
  • Allow Patients to initiate the creation of and access to a personal health record containing information about a Patient, such as health history, medications, allergies, suspected medication side effects, health priorities, and other relevant personal information in one place.

1.4           The Services use cookies. By using the Services and agreeing to these Terms, you consent to the use of cookies in accordance with the terms of our Privacy Policy.

1.5           Our Privacy Policy explains how we treat the personal information you provide and protect your privacy and the privacy of any other person for whom you provide personal information. By using the Services, you agree we can use the personal information you provide in accordance with our Privacy Policy.

1.6           We reserve the right to modify or discontinue, temporarily or permanently, at any time, the Services or any portion of them with or without notice to you. You agree that DBM will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any portion of them.

License to use the Services

2.1           Unless otherwise stated, we or our licensors own the intellectual property rights in the Services as well as the material, content and data you can access on the Portal (“Content”). Subject to the license below, all these intellectual property rights are reserved, and you do not acquire ownership of any intellectual property rights in either the Services or the Content that you access.

2.2           Some of the Content provided by DBM as part of the Services contains data that is the intellectual property of Wolters Kluwer Clinical Drug Information, Inc., and other data providers, and is protected by copyright and other intellectual property laws. This Content is provided under license from Wolters Kluwer Clinical Drug Information, Inc., and others.

2.3           Any unauthorized use of our intellectual property, and those of our affiliates, related companies, and their licensors is strictly prohibited.

2.4           You may view, download for caching purposes only, and print or store in an electronic medical record, pages or reports from the Services for your use in providing health care services, subject to the restrictions set out below and elsewhere in these Terms.

Restricted uses

3.1           The Services are for use in the provision of health care services. You must not at any time do any of the following:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, link to, mirror, frame, create derivative works from, transfer, or sell for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
  • Remove or alter any copyright, trademark, brand elements, or other proprietary notices.
  • Use any trademarks, logos, trade names, graphics, icons or designs (“marks”) accessed on this Website and you agree and acknowledge that all such marks are the property of DBM or our licensors and you have no license or right to use any such marks for any purpose.
  • Modify, reverse engineer, decompile, copy, create other works from or disassemble any part of the Services, nor will you in any way use any such part (or the concepts learned by you in using the Services) to compete, whether directly or indirectly, with DBM or the Services.
  • Use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services, or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • Use the Services to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
  • Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to the Services without our express written consent.
  • Attempt to gain unauthorized access to or impair any aspect of the Services, or its related systems or networks.
  • Attempt to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  • Use the Services to transmit or send unsolicited commercial communications.
  • Use the Services for any purposes related to marketing without our express written consent.

Confidentiality of personal information

4.1           To use the Services, you must be at least 16 years of age. If you or your Health Care Provider or Practitioner registers you to have access to the Portal, we will provide certain personal information about you, which will be collected and treated by us in accordance with our Privacy Policy. By using the Services, you will have access to your own personal Portal account (“Account”). You will be prompted to finalize your Account registration on initial login, including selecting a password. If you do not wish to proceed to use the Services, you can inform us (by sending an email to support@TaperMD.com), and your Account will be deleted in accordance with our Privacy Policy. You are the only individual who is permitted to access the Portal through your Account.

4.2           You must maintain the confidentiality of your Account, including not sharing your password with anyone. If we have reasonable grounds to suspect that the information we have about you is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and your access to all or part of the Services.

4.3           You are responsible for your use of the Services, including any information you make available to us through the Services. You acknowledge that information that is submitted, posted, or displayed on your Account may be viewed by your Health Care Provider or Practitioner and consent to such access. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security, and to ensure that you log out of your Account at the end of each session.

4.4           Although specific personal information entered by you into the Portal or provided by you as part of using the Services will at all times belong to you, we may use aggregated and non-identifiable information for our own purposes, so long as such aggregated and non-identifiable information cannot be associated with or traced back to specific individuals with any certainty.

Not providing medical advice

5.1           You expressly acknowledge and agree that the Services provided, including any Content you access via the Portal, such as the TaperMD Plan, and any other text, reports, photographs, images, illustrations, graphics, audio and video clips, and other materials, whether provided by us or by other Account holders or third parties, are not intended to be medical advice and are only intended and presented for general educational purposes.

5.2           The Content provided by DBM for the Services:

  • Are not intended as, and may not be used as, a substitute for the diagnosis, expertise, treatment, advice, and judgment of a physician, nurse, pharmacist, or other healthcare professional. A health care professional should be consulted before taking or discontinuing to take any medication described or mentioned as part of the Content or Services provided by this Website.
  • Should not be used in place of information contained or in any product packaging or label. You should not rely on the information on this Website without verifying it with a health care professional.
  • Are not comprehensive and do not cover all uses, precautions, side effects, warnings, and interactions related to pharmaceuticals or treatments.
  • Do not take into account personal circumstances and should not be relied upon or construed to indicate that use of a drug or treatment is safe, appropriate, or effective for a given individual.
  • Have not been reviewed for compliance with country, federal, state, or provincial pharmaceutical marketing, advertising, and disclosure statutes or regulations.

5.3           If you are a patient and have any health-related questions, please call or see your physician or other health care provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any Content presented as part of the Services on this Website, and you should not use the Content or Services for diagnosing or treating a health problem. The transmission and receipt of Content and/or Services, in whole or in part, or communication via the Internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and DBM.

Beta-tests

6.1           If you are using the Services as part of a beta-test procedure, the following additional terms apply to you:

  • We may charge you access fees prior to permitting you to use or access the Portal or the Services or Content.
  • You acknowledge and agree that, as a beta-test version, the Services you access may not operate correctly and may be substantially modified prior to official release to the public. The entire risk arising out of your use of the Services and the performance of the Services remains with you.
  • You agree to hold our technology, know-how, processes, functionality and software on this Website and the Content you access on this Website in strictest confidence and you will not disclose or use any of the above for any purpose other than evaluating the Services.
  • If you request training from us, or if you request modifications (customizations) to the Services or Content, we may provide those additional services to you upon payment of additional fees. Upon any such request, we will notify you of the amount and payment terms for such fees if we agree to provide such training or make such modifications (customizations).
  • Your obligations will survive the termination of this agreement and your use of the Services.

No warranties

7.1           We do not warrant the completeness or accuracy of the information published on the Services; nor do we commit to ensuring that the Services will remain available in future or that the Content and information conveyed as part of the Services will be kept up-to-date.

7.2           The Services are provided “as is”. To the maximum extent permitted by applicable law we exclude all representations, warranties, and conditions relating to the Services and the use of the Services (including, without limitation, any warranties implied by the law of merchantability, fitness for purpose, title, and/or the use of reasonable care and skill).

Limitations and exclusions of liability

  • We will not be liable to you for any loss or damage of any nature, including losses in respect of any of the following:
  • Those arising out of any event or events beyond our reasonable control.
  • Business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
  • Loss or corruption of any data, database, or software.
  • Any special, indirect, or consequential loss or damage.

8.2           Nothing in these Terms will limit or exclude our or your liability for fraud or fraudulent misrepresentation.

8.2           The foregoing governs all liabilities arising under these Terms or in relation to the Services, including liabilities arising in contract and/or in tort.

Indemnity

9.1           You hereby agree to indemnify, reimburse and hold harmless DBM (and our directors, officers, employees, licensors, contractors, agents, and shareholders) against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of the Services, any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Variation

10.1        We may revise these Terms from time to time. Revised Terms will apply to the use of the Services from the date of the publication of the revised Terms. Changes will not apply retroactively. If you do not agree to the revised Terms, you should discontinue your use of the Services.

Assignment

11.1        We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.

11.2        You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms without our express prior written consent, which may be withheld by us at our option.

Severability

12.1        If a provision of these Terms is determined by any court or other competent authority to be invalid, illegal, unlawful or unenforceable, the other provisions will continue in effect. If any invalid, illegal, unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third-party rights

13.1        These Terms are for the benefit of you and DBM, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

Entire agreement

14.1        These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Services, and supersedes all previous agreements in respect of your use of the Services.

Law and jurisdiction

15.1        These Terms and our Privacy Policy will be governed by and construed in accordance with the laws of the Province of Ontario (other than Ontario principles of conflicts of law) and the laws of Canada applicable therein. Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.

Breach of the Terms and termination

16.1        Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action, at any time, as we deem appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your Internet service provider to request that they block your access to the Services, and/or bringing court proceedings against you. We may also suspend your access to the Services while we are investigating any suspected misconduct by you.

16.2        We also reserve the right to terminate your Account, your access or use of the Services at any time and for any reason, regardless of whether a breach of these Terms has occurred or not. If your Account is so terminated, we will have no further obligation to provide you with access to the Services.

16.3        If you do not comply with these Terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have, such as taking action in the future.

You may deactivate your Account at any time, for any reason, by sending an email to support@TaperMD.com.

General

17.1        In these Terms:

  • The words “we”, “us” or “our” means and refers to DBM and its affiliates, licensors and agents.
  • The words “you” and “your” means and refers to any individual, healthcare professional, organization or institution using the Services, whether through an Account or otherwise.
  • The word “including” means “including, without limitation” and will not be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it.
  • Words importing the singular include the plural and vice-versa, words importing gender include both genders and words importing persons include corporations and vice-versa.
  • The division of these Terms into sections and the insertion of headings is for convenience of reference only and are not to be taken into account in interpreting these Terms or any part of it.

Our details

18.1        The full name of our company is Data Based Medicine Americas Ltd.

Our address is:

Data Based Medicine Americas Ltd.
Department of Family Medicine
McMaster University
100 Main Street West, 5th Floor
Hamilton ON L8P 1H6

Attn: Dr. Dee Mangin

You can contact us by email at: support@TaperMD.com

Agreement

19.1        By clicking “I Agree”, logging in, using the Services, or giving effect to any similar electronic acceptance hereof, you are agreeing to be bound by these Terms and agree that you are solely responsible for compliance with any and all laws and regulations applicable to you or to your use of the Services. If you do not accept these Terms, you should not sign up for, use, or access the Services. We reserve the right to revise these Terms at any time by posting the most recent version of the Terms on this Website. Use of the Services after such changes are posted will signify your acceptance of the revised Terms.