MVC Technologies Inc.
- YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you (or “user”, “your”) and MVC Technologies Inc. (or “MVC”, “we”, “us”, “our”). It governs your use of the website, www.sailcannabis.co, (the “Site”) and portal, www.mvcportal.ca/, (the “Portal”) (collectively, the “Site Services”) offered by MVC.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” BUTTON, OR ACCESSING OR USING THE SITE SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS (THE “TERMS”) CONTAINED BELOW, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR PORTAL. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO AGREE TO AND ACCEPT THIS AGREEMENT ON BEHALF OF YOURSELF. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES UNLESS YOU AGREE TO THESE TERMS.
PLEASE READ THIS DOCUMENT CAREFULLY.
- HOW MVC WORKS
2.1 About our Services
The Site Services provide an online communications tool and health information storage system. It allows health care providers who have a subscription to use the Site Services (“Health Care Providers”), to upload prescription information for dispensing Medical Marijuana (“MM”) as well as other personal health information such as their clinical notes, records, test results, charts, health card number, contact information, and other information they may collect or have been provided from you in the course of providing you medical care.
It also allows licensed producers of MM (“Licensed Producer”) to receive a record of personal health information containing your name, date of birth, medical diagnosis, quantity of marihuana to be used each day, and term of the use and registration forms containing your home address, telephone number, email address, gender, date of birth, and such other information as you provide, so that they may fill the request for MM issued by your Health Care Provider issues.
The Portal allows you to select and communicate with a Licensed Producer and a Health Care Provider of choice and view a portion of your personal health information. You agree to never use the Site Services to communicate urgent, emergency, nor any other communication which would result in injury or loss to you if it does not come to the attention of the Health Care Provider or Licensed Producer.
All of the personal information and personal health information referred to above is collectively referred to as “Personal Health Information” throughout these Terms.
MVC improves the workflow between Health Care Providers and Licensed Producers by allowing users to securely access and electronically verify medical documents and complete registration applications. All documents are stored electronically by MVC within a Service Organization Control (SOC) 2 Tier 3 data storage facility which limits unauthorized access and regulates transmission of the documentation. MVC assists Health Care Providers and Licensed Producers in creating traceable and auditable documentation to ensure compliance under the MMPR guidelines and applicable privacy legislation.
The Site Services provide an online venue where an individual (a “Patient”) can connect with a Health Care Provider and Licensed Producers offering their services. Patients are given the ability to manage appointments, access pre-populated forms, view patient history and track order activity to provide improved quality care.
Other Site Services that MVC provides include:
- a directory of Health Care Providers;
- a directory of Licensed Producers;
- platform to transmit a Medical Document;
- platform to verify a Medical Document;
- audit trail of submissions;
- a directory of products offered by Licensed Producers
- Limitations of our Services
MVC is not a party to any agreement between a Patient, Health Care Provider and/or Licensed Producer (“Members”). While our Site Services provide a platform to facilitate these relationships, MVC does not evaluate, interview, screen or perform background checks on Health Care Providers, Patients or Licensed Producers nor do we verify content posted to the Site by Health Care Providers, Patients or Licensed Producers.
You therefore acknowledge and agree that if you elect to engage with any Health Care Provider or Licensed Producer via the Site Services, such dealings are solely between you and Health Care Provider and/or Licensed Producer and MVC shall not have any responsibility or liability for any losses or damages that you may suffer as a result of any such dealings. MVC does not assume any responsibility for the accuracy or reliability of any information provided by Health Care Providers, Patients or Licensed Producers on or off its Site Services.
- ELIGIBILITY TO USE THE SITE SERVICES
To be eligible to use our Site Services, you must meet the following criteria:
- You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
- If you are a Patient, you must be a citizen or legal resident of Canada or hold a valid Canadian visa.
- You must provide your full legal name, current address, a valid email address, and any other information required in order to complete the registration process.
- You are responsible to maintain the confidentiality of your account (“Account”) and to keep your password secure. You must not provide your password to anyone or permit anyone to access your Account.
- You must take reasonable steps to ensure the security of the computer and internet connection you use to access the Site Services. MVC cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for any and all activity and content that is uploaded to your Account, including any transmission of viruses or any code of a harmful nature.
- You must not be, or work for, a competitor of MVC or use our Services for reasons that are in competition with MVC.
- A violation or breach of these Terms as determined in the sole discretion of MVC will result in an immediate termination of your Account and usage of Site Services.
- RULES FOR USER CONDUCT AND USE OF SERVICES
- Accuracy of Information
Health Care Providers and Licensed Producers rely on registration information you provide through the Site Services, which must be true, accurate, current and complete. You are required to update your information to maintain its truthfulness, accuracy and completeness. You must not provide misleading information about your location. You must not register for more than one Account. At the beginning of your Account application, and from time to time thereafter, your Account may be subject to verification.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if MVC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MVC has the right to suspend or terminate your Account and refuse any and all current or future use of the Site Services.
- Registration and Posting Restrictions
As noted, to access the Portal you must register for an MVC Account. By registering for an Account, you agree:
- to abide by this Agreement and the processes, procedures, and guidelines described throughout these Terms and on the Site Services;
- to register your Account in your own legal name;
- you are solely responsible for any information that you post or transmit through the Portal;
- that MVC may, in its sole discretion, review and delete any content, in each case in whole or in part, that in the sole judgment of MVC violates this Agreement or which MVC determines in its sole discretion might be offensive, illegal or otherwise violate these Terms or community standards;
- to use of the Site Services, including but not limited to the content you post on the Portal, in accordance with any and all applicable laws and regulations; and
- that MVC is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site Services.
You agree that MVC is not required to moderate, verify or remove any information posted on the Site about you or any other person or entity.
- Your Username and Password
When a Member registers an Account, the Member will be asked to choose a username and password for the Account. As a Member, you agree that you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access the Site.
The Site is protected by Canadian copyright, trade-mark and other laws. Your use of the Site Services does not transfer to you any ownership or other rights.
- Prohibited Uses
By using the Site Services of MVC, you agree that you will not under any circumstances:
- use the Site, Portal, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Services for any promotion of illegal activities, any unlawful or unauthorized purpose, nor in the use of the Site Services will you violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the Province of Ontario and Canada;
- copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalogue, mirror or distribute the Site Services in any way, in whole or in part, without the express prior written consent of MVC;
- use another user’s Account without permission;
- interfere or attempt to interfere with the proper functioning of MVC’s Services;
- provide false or inaccurate information when registering your Account, using our Site Services or communicating with other Members;
- attempt to re-register with MVC if we have terminated your Account for any or no reason; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
MVC reserves the right, at its sole discretion, to immediately terminate your use of the Site Services if it determines that you have violated the terms of this Section or the Terms or conditions set out here.
- TERMINATION OF REGISTRATION
MVC reserves the right in its sole discretion to refuse, suspend, or terminate service to you upon discovery that any information you provided on any form or posted on the Portal is not true, accurate, or complete, or otherwise violates the Terms of Service, or for any other reason or no reason in MVC’s sole discretion.
If you do not wish to proceed to use the Site Services, you may inform MVC by sending an email to firstname.lastname@example.org.
- Notification of cancellation of Account
We will notify you if we cancel your Account, unless in our judgment giving notice would cause a risk of further violation or damages. We will notify you that your Account will be canceled if the law requires such notification.
- WAIVER AND COMPLETE AGREEMENT
The failure of MVC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and MVC and govern your use of the Site Services, superseding any prior agreements between you and MVC (including, but not limited to, any prior versions of the Terms).
- DISPUTES WITH MVC
If a dispute arises between you and MVC, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, MVC and our Affiliates agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Site Services (a “Claim”) in accordance with this section titled “Disputes with MVC.”
Despite the foregoing, you and MVC retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below including any provisional relief required to prevent irreparable harm.
- DISPUTES AND COMPLAINTS
We want you to be highly satisfied with your experience with our Site Services. If you have any concerns or comments – please contact our Customer Care Team at email@example.com.
- DISCLAIMERS; RELEASE LIMITATION OF LIABILITY
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Portal, but not directly by MVC, are those of their respective authors. Such authors are solely responsible for such content. MVC does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any author that appears through the Portal. Under no circumstances will MVC or its Affiliates be responsible for any loss or damage resulting from your reliance on information transmitted to or by any Member of the Portal.
MVC DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A MEMBER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO MVC OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF MVC.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MVC DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY MEMBERS OF MVC.
YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD MVC HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE.
MVC does not warrant that the Site Services will be uninterrupted, timely or error-free.
In addition to the recognition that MVC is not a party to any agreement between the Members, you hereby release MVC (and our Affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Member, whether it be at law or in equity. This includes, for example and without limitation, any disputes regarding the performance, quality, functions, and quality of the Members’ services.
- Limitation of Liability
IN THE EVENT OF A DISPUTE BETWEEN YOU AND MVC AND/OR AN AFFILIATE, NEITHER YOU NOR MVC, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL OTHER CASES:
Incidental Damages and Aggregate Liability. In no event will MVC be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site Services, including without limitation damages related to any information received from the Site Services, removal of content from the Portal, including profile information, any email distributed to any Member or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MVC, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
No Liability for non-MVC Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MVC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PORTAL, OR TRANSMITTED TO OR BY ANY MEMBERS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Governing Law and Jurisdiction
Any dispute arising out of the Site Services shall be governed by the laws of the Province of Ontario and of Canada without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario and Canada.
- NOTICES AND COMMUNICATIONS
- Communications from MVC to you
Unless you otherwise indicate in writing to Customer Support, MVC and Affiliates will communicate with you by email or by posting communications on the Site Services. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.
You will be considered to have received a communication when MVC sends it to the email address you have provided to MVC or when MVC posts such communication on the Site Services. You must keep your email address updated, and you must regularly check the Site Services for postings. Without limiting MVC’s other rights under this Agreement, if you fail to respond to an email message from MVC regarding a violation, dispute or complaint within three (3) Business Days, MVC has the right to terminate or suspend, in our sole discretion, your Account.
- Communications from you to MVC
All notices to MVC intended to have a legal effect must be in writing and delivered either (i) by means evidenced by a delivery receipt, to the following address: MVC Technologies Inc., 200-4257 Sherwoodtowne Blvd., Mississauga ON, L4Z 1Y5 or (iii) in writing via email to firstname.lastname@example.org. All such notices are deemed effective upon documented receipt by MVC.