TaperMD™ Terms of Use

(Last modified February 10, 2017)

Introduction

1.1           The following Terms constitute a legal agreement between you and Data Based Medicine Americas Ltd. (DBM/we/us), which owns and operates the TaperMD™ Portal (the Portal), which is accessible through our website meds.tapermd.org (the Website, and collectively, with the Portal, the Services).

1.2           These Terms govern your use of the Services. Please read them carefully. By using the Services, you accept these Terms in full. If you disagree with these Terms, or any part of these Terms, you must not use the Services. By continuing to use the Services, you are indicating your agreement to the Terms and all revisions.

1.3           The Portal is web-based tool that allows health care providers, including medical professionals such as doctors, nurses, and pharmacists, as well as hospital and nursing home administrators, to interact online with Patients in a private, convenient environment.

The Portal is intended to:

  • 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.
  • Be used by Health Care Providers and Practitioners to review and possibly reduce the medication burden on Patients.

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           These Terms do not grant you the right to use any branding or logos from the Portal or the Services.

1.6           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. 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 and material on the Portal. Subject to the license below, all these intellectual property rights are reserved, and you do not acquire ownership of any intellectual property rights in the content and data (Content) that you access.

2.2           The Content provided by DBM for the Services:

  • Is intended and presented only for general educational purposes and is used solely at your own risk;
  • Is 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 a drug mentioned in the information presented or before relying on the information);
  • Is subject to change without notice;
  • Is not comprehensive and does not cover all uses, precautions, side effects, warnings, and interactions related to pharmaceuticals or treatments;
  • May not apply to any specific medical condition;
  • Does 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;
  • Does not constitute medical advice or professional advice of any kind;
  • Is offered “as is” with no warranty or guarantee of accuracy, completeness, or suitability for use by any individual;
  • Has not been reviewed for compliance with country, federal, state, or provincial pharmaceutical marketing, advertising, and disclosure statutes or regulations; and
  • Contains data that is the intellectual property of Wolters Kluwer Clinical Drug Information, Inc., and other data providers protected by copyright and other intellectual property laws, and is provided under license from Wolters Kluwer Clinical Drug Information, Inc., and others.

2.3           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.

2.4           You must not:

  • Republish material from the Services;
  • Sell, rent, or sub-license material from the Services;
  • Show any material from the Services in public;
  • Reproduce, duplicate, copy, or otherwise exploit material on the Services for a commercial purpose;
  • Edit or otherwise modify any material on the Services; or
  • Redistribute material from the Services.

Acceptable use

3.1           The Services are for use in the provision of health care services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, 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.

3.2           You must not 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.

3.3           You must not 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.

3.4           You must not 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.

3.5           You must not use the Services to transmit or send unsolicited commercial communications.

3.6           You must not use the Services for any purposes related to marketing without our express written consent.

Restricted access

4.1           To use the Services, you must be at least 16 years of age. If your Health Care Provider or Practitioner registers you to have access to the Portal, they will provide certain personal information about you, which will be collected and treated by us in accordance with our Privacy Policy. Through 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 such information 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 through the Services. Information that is submitted, posted, or displayed by your Account may be viewed by your Health Care Provider or Practitioner. 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.

Restrictions

5.1           While using the Services, you may not, and represent and promise that you will not:

  • Remove or alter any copyright, trademark, brand elements, or other proprietary notices.
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by DBM.
  • Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law.
  • Link to, mirror, or frame any portion of the Services.
  • Attempt to gain unauthorized access to or impair any aspect of the Services, or its related systems or networks.
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  • Use the Services in a manner that violates any laws.

 

Termination

6.1           As set out above, we reserve the right to terminate your access or use of the Services at any time, for any reason. If your Account is terminated, we will have no further obligation to provide access to the Services.

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

6.2       Certain names, words, titles, phrases, logos, designs, graphics, icons, and marks displayed in the Services or in the materials or information contained in the Services may constitute our trademarks or trade names, or those of related companies, their licensors, or other third parties. Nothing contained in the Services shall be construed as conferring by implication, estoppel, or otherwise any license or right to use any such marks or names or other intellectual property rights belonging to us or our licensors, or any other third party. Any unauthorized use of our trademarks or trade names, and those of our affiliates, related companies, and their licensors is strictly prohibited.

Not providing medical advice

7.1           You expressly agree that DBM is not providing medical advice via the Services. Services provided, including any Content, 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, is not intended to be medical advice, and should not be used in place of (a) the advice of a physician or other medical professionals, (b) a visit, call, or consultation with a physician or other medical professional, or (c) information contained on or in any product packaging or label.

7.2           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 in the Services, and you should not use the Services or any Content in the 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.

Limited warranties

8.1           We do not warrant the completeness or accuracy of the information published on the Services; nor do we commit to ensuring that the Services remain available or that the material in the Services is kept up-to-date.

8.2           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 law of merchantability, fitness for purpose, title, and/or the use of reasonable care and skill).

Limitations and exclusions of liability

9.1           Nothing in these Terms will: (a) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (b) limit any of our or your liability in any way that is not permitted under applicable law; or (c) exclude any of our or your liability that may not be excluded under applicable law.

9.2           The limitations and exclusions of liability set out in this Section and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract and/or in tort.

9.3           To the extent that the Services are provided free-of-charge or for a charge, we will not be liable for any loss or damage of any nature.

9.4           We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.5           We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

9.6           We will not be liable to you in respect of any loss or corruption of any data, database, or software.

9.7           We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

Indemnity

10.1        You hereby indemnify us (which in this Section includes our directors, officers, employees, contractors, agents, and shareholders) and undertake to keep us indemnified 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 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.

Breaches of these Terms

11.1        Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action 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 suspend your access to the Services while we are investigating suspected misconduct.

11.2        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.

Variation

12.1        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 retrospectively. If you do not agree to the revised Terms, you should discontinue your use of the Services.

Assignment

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

13.2        You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms.

Severability

14.1        If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/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

15.1        These Terms are for the benefit of you and us, 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

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

Law and jurisdiction

17.1        These Terms and our Privacy Policy will be governed by and construed in accordance with the laws of the Province of Ontario 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.

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, 3rd Floor
Hamilton ON L8P 1H6

Attn: Dr. Dee Mangin

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