Terms and Conditions
Last Revised: July 7th,2023
IF THIS IS AN EMERGENCY, DO NOT USE THIS SERVICE – SEEK IMMEDIATE MEDICAL ASSISTANCE BY DIALING 9-1-11. GENERAL1.1. These terms and conditions of use (the "Terms") constitute an agreement between You (the individual who created an account at ORO Health’s DermSmart website OR uses the ORO Health DermSmart website account on behalf of another individual and who will be described in these Terms as either a User OR a client, OR You OR Your; and ORO HEALTH INC. (" ORO Health") regarding ORO Health’s DermSmart website (the "Site") and Service (as defined hereunder). By using the Site or subscribing to the Service, You acknowledge You read and understand the provisions and You fully agree to be bound by the Terms. If You do not have the authority required or disagree with any of the Terms, do not use the Site or the Service.1.2. These Terms may be changed at the discretion of ORO Health. All changes to the Terms will become effective within thirty (30) days of the same being posted online. Reasonable notice will be made to You to advise of any changes; however, it is Your responsibility to review the Terms from time to time in the event You no longer agree with subsequent versions and wish to cease Your use of the Services.1.3. You must consent to these Terms prior to using the Services, by reading these Terms and checking the box to indicate Your acknowledgment and agreement, then click on “Login” or “Sign Up”. If You have any questions about the Terms please contact us by email: [email protected]2. Description of the service2.1. The service is a dermatology focused chabot trained by licensed dermatologist, altogether provided through electronic communication (the “Service”) to You.2.2. The Service, the Site and its content are intended for residents of Canada only.2.3. Subject to the dermatology evaluation done through the Service, general information provided on the Site is not intended to constitute or replace advice, diagnosis, treatment or professional medical care. You may at any time obtain the opinion of Your doctor or of any other qualified health care practitioner, duly licensed and authorized to practice medicine or general health care under the applicable laws of Canada or under the applicable laws of Your province or territory regarding the information available on the Site and on any medical problem which from Your perspective, could affect You or a third-party. You must never
machine learning or artificial intelligence use are anonymized which means Your personal identity is removed from being associated with the photographs. Additional security protocols are also in place to ensure internal, non-medical staff do not have access to Your photographs prior to anonymization. You may withdraw Your consent for Your photographs to be used for ongoing machine learning or artificial purposes at any time either by emailing [email protected] or by checking this box after You have created an account.3.8. You are entirely responsible for maintaining the confidentiality of Your username and password
image or slogan are the marks of their respective owners. Use of any such property without written consent, shall constitute an infringement or violation of the rights of ORO Health or the property owner and may be a violation of federal laws which may subject the infringer to legal action.6.3. The Site content is protected by the Canadian Copyright Act and the Trademarks Act, and is the property of ORO Health, of third-party owners having agreed upon a license in favor of ORO Health, or of an accredited party as a content provider, as the case may be. Except as granted in the limited licenses herein, any use of the content, including change, transmission, presentation, distribution, new publication or any other use of the Site or its content, in full or in part, is prohibited without the prior written consent of ORO Health.6.4. Subject to the Terms, a limited, non-transferable and non-exclusive license is granted to You in order to access the Site and use its content for personal purposes and non-commercial use. You may download, keep and/or print one copy of the content for Your personal use, as long as all copyrights and other proprietary notices are kept. You are not allowed to copy or rebroadcast online articles of the Site, reproduce, compile for an internal database, distribute, modify, create derivative works, publicly display, store or transmit any of the material from Our Site. In the event of a conflict between the terms of a license governing specific content and the Terms, the terms of such specific license shall prevail.7. Hypertext Links - Third-party Websites7.1. The Site may contain hyperlinks to third-party websites such as but not limited to pharmacy related websites and geo-location websites. These links are meant for convenience only and do not imply endorsement or approval by ORO Health. ORO Health does not operate third-party websites, is not responsible for the content of these websites and makes no representation or warranty, nor any commitment of any kind regarding third-party websites, including, without restricting the generality of the foregoing: i) any commitment concerning the legality, accuracy, reliability, completeness, currency or relevance of the content of third-party websites; ii) any commitment concerning the quality and/or adequacy for a particular purpose of third-party websites or material, content, software, products or services offered on third-party websites or available through these websites; iii) any commitment indicating the operation of these websites will be uninterrupted and free of errors; and iv) any commitment defaults or errors will be corrected or whether these third-party websites will be free of viruses or of any other harmful element.
7.2. ORO Health is not related to any third-party website containing, displaying or transmitting illegal or indecent information of any kind, including, without restricting the generality of the foregoing: i) any content constituting or encouraging conduct which would constitute a criminal offense, which would incur civil liability or which would otherwise breach laws or regulations which could damage or harm ORO Health’s activities, exploitation, credibility and integrity; or ii) any website posting, publishing or transmitting material or information of any kind which violates the rights of others, including material which infringes the privacy or publicity rights of others, or protected by copyright, trademarks or other exclusivity rights. ORO Health reserves the right to prohibit or refuse to accept, at any time, any link to the Site, including links containing
information or content of the foregoing nature or which allow to have access to this content or information. Users who insert a hyperlink to the Site on a third-party website in violation of the Terms will have to remove without delay the link, upon notice by ORO Health. ORO Health reserves the right to claim damages or to initiate any legal and injunctive proceedings.8. No warranties or representations8.1. While ORO Health attempts to provide accurate, precise and current information, no representation or warranty, express or implied, concerning the Site and its content, is made to You about: i) the Site’s content or any other available articles on the Site or available through the Site, can be trusted and be used for a particular purpose, ii) the accuracy, completeness and reliability of the Site and its content for a particular purpose, iii) the operation of the Site will be error free or uninterrupted, iv) the fault or error contained on the Site or its content, due to human or computer error, will be corrected, v) the Site is free of viruses and harmful elements, and vi) the communications to or from the Site will not be accessible to third-parties and/or will not be intercepted.8.2. Although efforts are made by the employees of ORO Health and doctors using ORO Health, to read and promptly answer electronic communications, no guarantee is made about the response time.8.3. Using the Site is at Your own risk and everything provided on the Site is “as is”.9. Limitation of liability9.1. ORO HEALTH, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS AND THE DOCTORS USING ORO HEALTH, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES SHALL NEVER BE HELD RESPONSIBLE FOR DAMAGES OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE RESULTING IN MATERIAL LOSS, PHYSICAL INJURY, MEDICAL DAMAGE, INAPPROPRIATE DIAGNOSIS, INCORRECT INFORMATION, INAPPROPRIATE TREATMENT OR OTHER DAMAGE CAUSED AS THE RESULT OF YOUR USE OF THE SITE, YOUR ACTIONS, ANY OMISSIONS OR YOUR CONDUCT WHEN USING THE SITE, YOUR BREACH OF THE TERMS DURING THE USE OF THE SITE, FROM THE CONTENT ON THE SITE INLCUDING ANY ADVERTISING BY A THIRD PARTY OR YOUR INABILITY TO USE THE SITE, WHATEVER THE CAUSE OF THE DAMAGE. ORO HEALTH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL.9.2. Applicable law may not allow the exclusion of certain warranties or limitations of liability, depending on the circumstances. In these specific situations, ORO Health limits the scope of its liability to the fullest extent provided for by applicable law.10. Indemnification10.1. You hereby agree to indemnify, defend and release ORO Health, its directors, employees, agents, licensors and the doctors using ORO Health, their respective successors and beneficiaries from all claims, actions, proceedings, damages, penalties and expenses of any kind whatsoever, including legal expenses and fees of its legal counsel, related directly or indirectly to Your use of
the Site, arising from Your breach of the Terms, or resulting from Your trust of the information contained on the Site, Your inability to access the Site, including other websites available through the Site.10.2. If Your information is used for research purposes, the limitation of liability provisions at section 9 and the indemnification provisions at section 10.1 in these Terms are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.11. Force Majeure11.1. In no event shall ORO Health be held liable for any default or delay in the performance of the Service caused by war, act of hostility or computer sabotage, natural disaster, failure of an electrical grid, Internet network or telecommunications system, limits imposed by public health or government authorities, or any other event beyond its control. ORO Health is committed to make all reasonable efforts in order to mitigate the effects of any such events.12. Assignment and Subcontracting12.1. ORO Health reserves the right to assign or transfer the Terms, in full or in part, without limitation as part of a sale of substantially all or all of its assets, or as part of a merger or as part of an acquisition to a third party without requiring individual consent of its Users. ORO Health may assign its rights or obligations, in full or in part, to subcontractors, at any time, without limitation or obligation to obtain any consent. ORO Health shall ensure any assignment of rights or obligations to subcontractors is done in a secure and confidential manner and said subcontractors shall be bound to maintain the appropriate levels of security and data privacy protection standards as undertaken by ORO Health.13. Applicable Law13.1. The Terms and the relationship between You and ORO Health pursuant to the Terms shall be governed by and construed in accordance with the laws of the Province of Quebec (Canada) without regard to conflicts of law principles. You expressly agree to be subject to the jurisdiction of the courts of law of the Province of Quebec (judicial district of Quebec) for litigation resolution purposes relating to the Terms. Notwithstanding the above, You agree ORO Health is allowed to initiate proceedings for an injunction (or any other equivalent emergency measures) before any competent authority.13.2. If a court of competent jurisdiction holds any provision or part of the Terms to be invalid, the particular provision will be removed from the Terms without amending any other provision. All the other Terms will remain in full force and effect.14. AssistanceThe following e-mail address is dedicated to support and technical assistance: [email protected]
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