Terms of use

 
 

VOLYSE – TERMS OF USE

 

Effective as of: October 18th, 2017

By “Volyse”, ‘we’, ‘our’ or ‘us’, we mean Volyse Inc., a company registered in Canada. Volyse provides a proprietary platform and related services, including a mobile application, which provides users who have created an account with services in pre-travel consultations and travel health assistance (the “Services”).

By ‘you’, ‘your’, ‘member’ or ‘User’, we mean individuals using our Services (“User” or “Users”). These Terms together with the Volyse Privacy Policyare the entire agreement between you and us.

If you do not agree to our terms and conditions of use, please do not use our Services.

When you sign up to become a User, you will have to register by creating an account (“Account”). We collect your email address and password to create your User Account, and to authenticate when you sign in. We also require you to pick a user name which we use to identify you in the Services and which will appear beside comments and posts. 

You provide content by submitting, displaying, posting and otherwise sharing or using the Services (“Content”). Your Content might include text, files, documents, reports, results, information, bulletins, images, photos, video, works, works of authorship, applications, or any other materials. You own your Content and you also control what Content you choose to share with other Users of the Services. Your use of the Services, including what Content you share, is always voluntary.

All Content submitted to or available through the Services is the sole responsibility of the User who submitted the Content. Content posted or shared by other Users does not necessarily reflect the opinions or policies of Volyse. We assume no responsibility for the Content posted by any User and no responsibility for the conduct of the User with respect to any such Content. Volyse assumes no responsibility for monitoring the Services for inappropriate Content or conduct, but we reserve the right, in our sole discretion, to investigate use of the Services and take appropriate action in accordance with these Terms. Other Users may alert us to inappropriate use of the Services, including inappropriate Content or conduct.

You agree to ensure that any Content you share using the Services is yours to share, and that you are not violating the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Keep this in mind because you are responsible for any rights clearance for any Content you post or otherwise share.

The Services could include functionality that allows Users to upload Content to social feeds, blogs, message boards and other public areas (collectively “Public Areas”). Please remember that the Content you choose to share in Public Areas will be available to the other Users who may view, share, distribute, access, copy, download, and use the Content without restriction. Accordingly, please consider carefully what Content you choose to share while using the Public Areas. Do not share private health information in Public Areas. By submitting Content to Public Areas, you agree that submissions to Public Areas are non-confidential for all purposes.

We need your agreement so that we can share your Content with other Users with whom you choose to share access to your Content. This does not give Volyse the right to sell or otherwise distribute your Content apart from in connection with providing you with the Services. The license you grant to Volyse is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that Volyse is not required to pay you or anyone else deriving rights from you for the use on the Services of the Content that you post), sublicensable (so that Volyse is able to use affiliates, subcontractors and other partners such as third party providers or Internet content delivery networks and wireless carriers to provide the Services), and worldwide (because the Internet and the Services are global in reach).You can delete any or all of your Content from the Services at any time. After you affirmatively delete your Content from the Services, we will cease distribution as soon as we practically can do so. This may take some time due to the technical measures we use to deliver the services. All of the content is property of Volyse or its owners, as the case may be, and is protected by Canadian and international copyright, trademark, patent, and other applicable laws. By using the Services, you do not acquire any ownership rights or any implied rights to the content obtained, accessed or viewed using the Services, and the posting of information and materials on the Services does not mean the owner has waived any rights to the content. You can however use the content solely for your personal, non-commercial use in connection with and while using the Services unless you have specific instructions otherwise.

Volyse may delete any Content for any or no reason, including, but not limited to, Content that violates these Terms. In addition, Volyse reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Services.

All Content supplied by you through the Services is true, accurate, current and complete and if you are accessing or using the Services on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms.

Health Services

The Services may enable you to obtain on-demand access to authorized physicians and to pharmacists (collectively “Healthcare Providers”) by secure text and video for telemedicine, telepharmacy and telehealth services, and to receive related healthcare and administrative support services via telemedicine and telehealth (collectively “Healthcare Services”). All Healthcare Providers are independent of Volyse and are solely responsible for the provision of Health Services to you. 

Volyse is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between you and the Healthcare Provider. You understand and agree that Volyse will not be liable for:

·       User interactions and associated issues User has with the Healthcare Provider;

·       The ability or intent of the Healthcare Provider or the lack of it, in fulfilling their obligations towards Users;

·       Any wrong medication or quality of treatment being given by the Healthcare Provider, or any medical negligence on part of the Healthcare Provider;

·       Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Healthcare Provider to provide agreed Healthcare Services;

·       Any misconduct or inappropriate behaviour by the Healthcare Provider or the Healthcare Provider’s staff.

None of the content (except as may be directly communicated to you by Healthcare Providers) is medical advice or an endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular treatment or medication for you. 

All Healthcare Providers hold professional licenses issued by the professional regulatory college(s) in the province(s) of Canada where they practice and hold doctoral degrees. You can report a complaint relating to Health Services provided by a Healthcare Providers by contacting the professional regulatory college(s) in the province(s) where the Health Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee. 

You acknowledge and agree that the more information you provide, the better the Healthcare Providers will be able to assist you. You certify that the information provided through the Services is accurate. You understand that withholding of information or giving false information will result in an inappropriate assessment and risks for your health. In the latest, Volyse will not be held liable for any damage caused by false or incomplete information.   

Health Services provided by Healthcare Providers are not intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly or as needed or recommended by them. Healthcare Providers  may also refer you to other consultants or specialists for in-person consultations. Healthcare Providers  may also prescribe medication to you and can direct prescriptions to the pharmacy or other dispensing location of your choosing. Healthcare Providers are also available to you to follow-up on the results of any treatment, including any reactions to medication, side effects or other adverse events. Healthcare Providers  could also send reports regarding the care provided to you to your family physician or other primary care health professional after consultations with you.   

Volyse is specialized in travel health services and is not responsible in providing any other health care services. In the case that a Healthcare Providers recognizes an important issue, Healthcare Providers will refer patient to another health care provider in order to assure a continuation of services. Volyse is NOT responsible for any emergency situation and does not offer any emergency support or assistance. Volyse does not guarantee the delay of response to any request, question, message or video call within the APP.  

If you have a medical emergency, call your doctor, 911 or your medical emergency number immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Services.

Order of medicines placed via Volyse

Among other things, Volyse provides services to facilitate the purchase of drugs and other pharmaceutical products, and services offered by pharmacies, diagnostic labs, and all other service providers (“Service Providers”). You understand and agree that all terms with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Service Providers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Services by the Service Providers shall strictly be a bipartite contract between the Service Provider and the User. Volyse nor Healthcare Providers working for Volyse shall be responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and the Service Provider for purchase and sale of goods or services offered by such Service Providers via the Services. Volyse shall not and is not required to mediate or resolve any dispute or disagreement between Users and Service Providers. 

You finally understand and agree that any drugs and other pharmaceutical products mentioned or offered via the Services are limited to generic and trade names (without trademark symbols) for your convenience. Therefore, the use of trade names and commercial sources is for identification only and does not imply endorsement by any third party. 

Ability to enter into these Terms

The Services are not meant for children and minors. In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the Terms and be able to abide by and comply with these Terms. If you accept these Terms, you represent that you have the capacity to be bound by them.

What you can’t do with the Services

We are very proud of our Services and truly hope that you will enjoy using them. You agree that you are solely responsible for any activity that occurs on your Account, including information you transmit to other Users and for your interactions with other Users, and are responsible for taking all reasonable steps to ensure that nobody else has access to your passwords or accounts. Volyse grants you a limited, revocable and non-exclusive license to access and make personal use of the Services.

The following activities are specifically prohibited: 

·       Downloading the Services to modify it or any portion of it. 

·       Using the Services or its contents for resale or commercial use, including advertising a product or service or the use of the Services for any other commercial use. 

·       You may not upload commercial Content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization. 

·       Sharing any Personal Information about another individual unless that person has given you explicit permission to share it. 

·       Posting any defamatory, abusive, harassing, bullying, mean-spirited, slanderous, threatening, offensive, sexually explicit or illegal material or any material containing blatant expressions of bigotry, racism or hatred or that is otherwise offensive or illegal. 

You also agree not to:

·      Reverse engineer, reproduce, modify, translate, de-compile, disable, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services. 

·       Modify, translate, or create derivative works based on any portion of the Services and/or the Services. 

·       Access or use the Services in order to build a competitive product or service or copy any features, functions or graphics of the Services. 

·       Access or use the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. 

·       Create any link to the Services or frame or mirror any Content contained or accessible from the Services. 

·       Access, tamper with or use areas of the Services not intended for you, areas of the Services you haven’t been invited to, or content or data on or available through the same. 

·       Probe, scan or test the vulnerability of any portion of the Services or to breach, circumvent, modify or wilfully tamper with security or authentication measures. 

·       Provide or use “tracking” or monitoring functionality in connection with the Services, including, without limitation, to identify any other person’s actions or other activities on the Services. 

·       Use the account, username, or password of another User of the Services at any time or disclose your password to any third party or permit any third party to access your Account. 

·       Collect usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, or employing third party promotional sites or software to promote profiles for money. 

Volyse will delete or request the removal of any Content, and even terminate Accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

User conduct

You must not use the Services in any way that causes, or is likely to cause, the Services or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and Content sent from your computer to us and you must use the Services for lawful purposes only. Certain features of the Services may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to Volyse that you have the consent of all recipients to send such communications.

If you submit, post or upload Content through the Services, you will ensure the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Services, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Volyse employee, host, or representative, or other members or visitors on the Services is prohibited. You must not upload to, distribute, or otherwise publish through the Services any Content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.

Protecting yourself

We work really hard to protect your privacy and keep the Services secure, but you play an important role as well:

·       Consider where in the Services and with whom you want to share your Content before you share it. Make sure you understand how your Content will be shared with other social networking pages or sites or any other websites linked to the Services where this functionality is available. 

·       Register with an email address that only you can access. 

·       Choose a password that isn’t easy to guess and keep it secret. 

·       Change your password immediately if you suspect someone else knows it or has gotten into your account. 

·       Be careful when you use the Services, for example by logging out every time if you use a shared or public computer or other device. 

·       Secure the computer or other device you use to access the Services, for example by requiring a password to access your mobile phone. 

·       Protect yourself from phishing scams: never click on links or open attachments from unknown senders, beware of popups and look for a sign that the site you are using is secure, such as a lock icon on the browser’s status bar. 

We cannot and will not be liable for any loss or damage arising from your failure to comply with your responsibilities.

If you believe that your Account has been compromised, you can change your password through the Services. If you need help to deactivate a password or account, contact us at info@volyse.com and we’ll help you.

Accessing the Services

There may be a charge to access the Services or some part of the Services. You will be informed in advance of using the Services as to whether there will be a charge. You will have a chance to review and accept the fees that you will be charged. New services may be added for additional fees and charges, or fees may be amended proactively and charged for existing services, at our sole discretion.

In the event that fees are payable, you consent to the collection, use and disclosure of your Personal Information by and to the billing provider for the purpose of processing the fees. Billing providers are subject to very strict regulations regarding what they can and can’t do with your Personal Information.

Rights to your data

You own your Content. In accordance with the Volyse Privacy Statement, you agree that Volyse owns any data or information derived from or generated by your use of the Services and/or information about you that has been collected by us on an aggregate basis (“Anonymized Data”). In this Agreement, “Anonymized Data” means that Volyse combines Your Data and/or parts of information collected or processed from you in a manner that does not contain or disclose any information that can identify you and/or where such data has otherwise been anonymized. Volyse shall own exclusive rights, including all intellectual property rights, in and to all Anonymized Data. 

Protecting Copyrights and Other Intellectual Property

We respect the intellectual property of others, and require that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is our policy to terminate, in appropriate circumstances, access to Services for Users who violate this prohibition.

The Services and all contents of the Services, including logos, graphics, images, software, icons and other elements (but excluding User Content) are the exclusive property of Volyse or as applicable, its suppliers and partners, and are protected under the copyright laws of Canada and other countries. The core technology platform and all of the related software code remains the sole property of Volyse. All rights not explicitly granted herein are reserved. Any infringement of our rights will result in appropriate legal action.

If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, you may request removal of those materials (or access to them) from the Services. Please contact us at info@volyse.com for more information.

Linked sites and services

Volyse is not responsible for the practices employed by websites linked to or from the Services or for their information or content. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites and mobile apps or the activities of the people, organizations and/or businesses responsible for those websites and mobile apps.

When you use a link to go from the Services to another website, your browsing and interaction is subject to that website’s own rules and policies, not Volyse’s. Make sure you read over their rules and policies before proceeding.

Carrier Fees

Volyse has no control over standard messaging, data, and other fees that may be charged by your carrier to participate in features and services that are available to you via devices used to access the Services. Please contact your carrier directly regarding their fees and services. 

Interactions with other Users and third parties

Volyse is not responsible for your correspondence or interactions with any third parties that you interact with through the Services, including any Users. You agree that Volyse will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any interaction between you and any other party. Volyse reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or that is in connection with the Services. Volyse is not responsible for the conduct, whether online or offline, of any User of the Services.

Termination

As long as you use the Services, these Terms will be in effect. You can stop using the Services at any time by uninstalling the Services from your device or by deleting your Account.

Your Account will terminate if you have a subscription that expires or if Volyse ends your right to use the Services for breaches of these Terms.

Upon termination or expiration, Volyse reserves the right, in its sole discretion, to reject or to refuse to post any Content (including private messages, comments and instant messages) submitted or sent by you. In addition, upon termination or expiration Volyse reserves the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Services. We will retain rights to any Anonymized Data.

If you previously agreed to receiving messages related to the Services or promotional emails, Volyse may retain your email address to send those, but you can opt out of the messages at any time by using the unsubscribe link in those email messages.

Please contact us at info@volyse.com if you require assistance terminating your Account.

No warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOLYSE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND/OR ANY CONTENT, PRODUCTS OR FEATURES PROVIDED, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. VOLYSE IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. VOLYSE ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICES.

Limitation of liability

IN NO EVENT SHALL VOLYSE, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOLYSE, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL AND STOP USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT VOLYSE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS STRICTLY A TECHNOLOGY PLATFORM AND INFRASTRUCTURE FOR CONNECTING PATIENTS WITH INDEPENDENT THIRD PARTY HEALTHCARE PROVIDERS, INCLUDING PHYSICIANS AND OTHER HEALTHCARE PROVIDERS IN VOLYSE’S NETWORK. YOU ACKNOWLEDGES AND AGREE THAT THE HEALTHCARE PROVIDERS USING THE SERVICES ARE SOLELY RESPONSIBLE FOR AND WILL HAVE COMPLETE AUTHORITY, RESPONSIBILITY, SUPERVISION, AND CONTROL OVER THE PROVISION OF ALL MEDICAL SERVICES, ADVICE, INSTRUCTIONS, TREATMENT DECISIONS, AND OTHER PROFESSIONAL HEALTH CARE SERVICES PERFORMED, AND THAT ALL DIAGNOSES, TREATMENTS, PROCEDURES, AND OTHER PROFESSIONAL HEALTH CARE SERVICES WILL BE PROVIDED AND PERFORMED EXCLUSIVELY BY OR UNDER THE SUPERVISION OF HEALTHCARE PROVIDERS, IN THEIR SOLE DISCRETION, AS THEY DEEM APPROPRIATE.

Indemnification

You agree to indemnify, defend, and hold harmless Volyse and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any Content or materials provided by you.

Applicable laws

These Terms and your use of the Services shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the district of Montréal, Province of Quebec, with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms or Services, provided always that Volyse may seek and obtain injunctive relief in any jurisdiction.

General

The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Volyse’s right to require strict observance of each of the terms herein. The Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. Volyse may assign its rights and obligations under these Terms. These Terms will ensure to the benefit of Volyse’s successors, assigns and licensees.

Changes to the Terms

Volyse may make small, inconsequential changes to the Terms with or without notice to you, so please come back and visit this page regularly. Changes Volyse considers significant will be communicated through the Services, on our corporate website at volyse.com, or through emails to Users. By continuing to use the Services after changes become effective, you agree to the changes. Remember that at any time if you don’t agree to the Terms, you can stop using the Services.

Contacting us

We always look forward to hearing from Users! When you give us feedback or advice about the Services or our business, it helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to the Public Areas or to Volyse by email.

We are excited to have you with us and hope you find our Services helpful and easy to use! If you have any questions or comments about what we do or how we do it, please let us know at info@volyse.com.