NOVEMBER 30, 2021
Welcome to WonderMD™
Please read the WonderMD Terms of Service carefully. The WonderMD Terms of Service affect your legal rights and impose obligations on you. By using WonderMD you agree to the WonderMD Terms of Service even if you do not take the time to read the WonderMD Terms of Service. In these Terms of Service, “WonderMD” refers to our website ( www.wondermd.ca), our mobile app, and the products and services offered through our website and mobile app. References to “we”, “us” or “our” means WonderMD Limited.
WONDERMD IS NOT A HEALTHCARE PROVIDER OR AN AGENT OF HEALTHCARE PROVIDERS. WONDERMD IS NOT RESPONSIBLE FOR THE HEALTHCARE SERVICES DELIVERED BY HEALTHCARE PROFESSIONALS. WONDERMD’S FUNCTION IS TO CONNECT REFERRING PROVIDERS AND YOU TO CONSULTING PROVIDERS AND TO FACILITATE VIRTUAL APPOINTMENTS IF YOUR CONSULTING PROVIDER WISHES TO USE WONDERMD FOR THAT PURPOSE. IF YOU ARE USING WONDERMD TO OBTAIN CARE FROM A CONSULTING PROVIDER, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF FAMILY MEMBERS TO COMPLETELY RELEASE WONDERMD FROM ANY LIABILITY FOR ANY ACT OR OMISSION OF YOUR HEALTHCARE PROFESSIONALS. PLEASE READ THE TERMS CAREFULLY.
THE CONSULTING PROVIDER AND THE REFERRING PROVIDER ARE SOLELY RESPONSIBLE FOR TRANSCRIBING ALL RELEVANT CLINICAL INFORMATION INTO THE PATIENT’S HEALTH RECORD MAINTAINED BY THEM. WONDERMD IS NOT AN ELECTRONIC MEDICAL RECORD OR AN APPLICATION DESIGNED FOR THE PURPOSES OF PATIENTS OR HEALTH CARE PROVIDERS STORING OR MANAGING PERSONAL HEALTH INFORMATION RECORDS. YOU UNDERSTAND THAT IF YOU DEACTIVATE YOUR ACCOUNT YOU WILL NO LONGER HAVE ACCESS TO INFORMATION YOU HAVE ENTERED INTO WONDERMD AND WONDERMD IS UNDER NO OBLIGATION TO RETAIN THAT DATA.
There are three parts to these Terms of Service.
1. Family Terms
The Family Terms apply to individuals who are using WonderMD to connect with Consulting Providers to obtain pediatric care for the child.
2. Professional Terms
The Professional Terms apply to Referring Providers who submit referrals for pediatric care for their clients and the Consulting Providers who provide pediatric care.
3. General Terms
The General Terms apply to all users of WonderMD.
1. Family Terms
These Family Terms and the General Terms apply to the use of WonderMD by individuals who are using WonderMD to connect with Consulting Providers to obtain pediatric care for their child. Please read these Family Terms and the General Terms carefully.
Referrals to Consulting Providers
WonderMD is not a provider of healthcare. WonderMD is a platform designed to help families with children connect with Consulting Providers for non-emergency health care.
Consulting Providers are practicing pediatric healthcare providers with an office in Ontario. WonderMD does not replace your primary care providers.
Normally, your primary care provider will refer you to WonderMD. However, you may also initiate a self-referral. You can self-refer to a dietician or therapist. However, other referrals must be made or completed by a physician, nurse or midwife in Ontario. This can be any physician, walk in clinic doctor, family doctor, midwife or nurse practitioner. These Referring Providers must register with WonderMD and complete the referral in the platform.
Not for Emergency Use
WonderMD is not designed for emergency medical consultations. PLEASE CALL 911 OR GO TO THE NEAREST HOSPITAL OR EMERGENCY CENTRE IF YOUR CHILD IS EXPERIENCING ANY HEALTH EMERGENCY, INCLUDING, BUT NOT LIMITED TO:
- Shortness of breath
- Difficulty breathing
- High fever
- Seizures or convulsions
- Sudden headaches or neck stiffness
- Painful and/or purplish rash
- Confusion, deliriousness, drowsiness or with sudden severe headache
- Sever allergic reactions
- Foreign body stuck inside body
- Injury, trauma, cut, abrasion, laceration, bleeding
- Animal bite
- Extensive burns
- Complications from surgery
- Decreased food or water intake and/or decreased urine output
- Suicidal ideation, hallucination or psychosis
Fees for Services
WonderMD supports Ontario’s public healthcare system. Consulting Providers will bill publicly funded services to the Ontario Health Insurance Plan (OHIP). Therefore, you must provide a valid OHIP number in order to use the Consulting Providers publicly funded services.
In some cases, services provided by the Consulting Provider will not be covered by OHIP. This includes services from healthcare professionals such as therapist and dieticians. You will be advised of the fee for those services before you receive them. You are responsible for all fees, including any applicable taxes, for non-OHIP funded services. If you contract for a non-OHIP funded service through WonderMD you agree that we may collect that fee on behalf of the Consulting Provider and we may charge your credit card on file at the time your appointment takes place for those services.
All sales are final. No refunds are permitted.
If your credit card is declined or there is a chargeback for any reason, you will be responsible for a service fee of $25.00 and will reimburse us or the Consulting Provider (if we have assigned the debt to the Consulting Provider) for all costs of collection, including legal fees and fees for collection agents. In addition, you will be charged interest of the lesser of 1.5% per month or the maximum interest permitted by applicable law on any amounts outstanding until they are paid in full.
Our Consulting Providers understand that you may need to cancel or reschedule an appointment. Cancellations or rescheduling must take place at least 24 hours before the time of your appointment.
If you booked your appointment through WonderMD, you will be changed $50.00 for each missed appointment or appointment that is cancelled or rescheduled less than 24 hours prior to your appointment.
You agree that we may charge your credit card on file for any missed appointment or appointment that is cancelled or rescheduled less than 24 hours prior to your appointment.
Disputes with Referring Providers and Consulting Providers
WonderMD is not responsible for the healthcare services provided by Referring Providers and Consulting Providers. WonderMD cannot assist you with and has no responsibility for any dispute about the healthcare services you have received by your Referring Provider or the Consulting Providers you have been connected to through WonderMD.
RELEASE OF LIABILITY
BY USING WONDERMD YOU AGREE, ON BEHALF OF YOURSELF, THE CHILD FOR WHOM HEALTHCARE IS SOUGHT THROUGH WONDERMD, AND ALL FAMILY MEMBERS OF THAT CHILD (COLLECTIVELY REFERRED TO AS THE RELEASORS), THAT:
A. WONDERMD IS NOT A HEALTHCARE PROVIDER AND IS NOT RESPONSIBLE FOR THE PROVISION OF HEALTHCARE SERVICES; AND
B. THE RELEASORS RELEASE WONDERMD LIMITED AND ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, LOSS OF WAGES, EXPENSES, HOSPITAL AND MEDICAL EXPENSES, LOSS OF CONSORTIUM, LOSS OF SERVICE, AND ANY OTHER DAMAGES OR COMPENSATION WHATSOEVER (INCLUDING FROM PERSONAL INJURY AND DEATH) ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF A HEALTHCARE PROVIDER (WHETHER A REFERRING PROVIDER, A CONSULTING PROVIDER OR OTHERWISE) CONNECTED WITH WONDERMD OR THE SERVICES OBTAINED THROUGH THE USE OF WONDERMD EVEN IF YOU DID NOT FORESEE THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF WONDERMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Professional Terms
These Professional Terms and the General Terms apply to the use of WonderMD by individuals who are using WonderMD to either connect with Consulting Providers to obtain pediatric advice or for Consulting Providers to connect with children and their families to provide pediatric advice within the platform. Please read these Professional Terms and the General Terms carefully.
There are no fees for Referring Providers using WonderMD.
Referring Providers must be a licensed physician, nurse practitioner or midwife in Ontario in good standing who have a patient they would like to refer to a Consulting Provider.
Referring Providers must be approved by our executive team before joining the platform. This process may take approximately 24 hours after submitting your registration application.
By submitting a referral, the Referring Provider represents and warrants that the Referring Provider has had a consultation with the patient and has made an independent judgment regarding the appropriateness of making a referral to the Consulting Provider.
Consulting Providers must have a professional license, malpractice insurance, be in good standing with their governing professional body, provide pediatric healthcare services, and have an office in Ontario. Consulting Providers must be approved by our executive team before joining the platform. This process may take up to 7 days from completion of the registration application.
Some of the services may involve the Consulting Provider providing services virtually through WonderMD or in person. The Consulting Provider represents and warrants that the Consulting Provider will follow all applicable laws and professional codes of conduct and best practices and exercise independent judgment regarding the appropriateness of providing healthcare services to the patient other than in-person.
WonderMD supports Ontario’s public healthcare system. Consulting Providers must bill publicly funded services to the Ontario Health Insurance Plan (OHIP). You are responsible for billing and collection of any amounts billed to OHIP.
Consulting Providers may set a fee for services not covered by OHIP. You hereby appoint WonderMD to collect fees, on your behalf, for services not covered by OHIP. Each month we will deposit the amounts successfully collected for services not covered by OHIP, less any chargebacks and the Platform Service Fee described below, to your bank account on file with us. You are responsible for ensuring the bank account information you have provided is correct and up-to-date. We are not responsible for misdirected funds if you have provided us with inaccurate or incomplete banking information.
Although WonderMD will use reasonable commercial efforts to collect the fee by charging the credit card for the user that is on file, you understand and agree that you (not WonderMD) assume the risk of any credit risk or chargeback risk. If we are unable to collect the fee, we agree to take such steps as may be required, including assigning the debt to you (if necessary) for you to collect your fee.
WonderMD Platform Service Fee
WonderMD charges a Platform Service Fee to Consulting Providers. There is no fee for Referring Providers to use WonderMD.
If a Consulting Provider decides only to use WonderMD to obtain referrals, the Platform Service Fee is $10.00 per accepted referral.
If a Consulting Provider, using the Ontario Health Insurance Plan (OHIP) to bill for health services, uses WonderMD to facilitate virtual appointments, the fee is based on the following scale:
|New consults ( 90 minutes or more).||$40.00|
|New consult ( 75 minutes to 90 minutes )||$30.00|
|New consult ( less than 75 minutes )||$20.00|
|First follow up appointment in a calendar year (other than a new consult).||$8.00|
|Second follow up appointment in a calendar year||$6.00|
|Third and subsequent appointments in a calendar year:||$4.00|
If a Consulting Provider, not using the Ontario Health Insurance Plan (OHIP) to bill for health services, uses WonderMD to facilitate virtual appointments, the fee is based on the amount set by the consulting provider X 10%.
Collection of Provincial and Federal Sales Tax
You agree that in addition to the platform service fee described above, WonderMD will collect and remit to the government harmonized sales tax (HST) on the amount charged to the provider for each service.
You agree that WonderMD’s records will be determinative as to the type of appointment and the length of the appointment.
WonderMD may change the Platform Service Fee at any time on ninety (90) days’ prior written notice. If you do not agree to the changes, you may terminate your use of WonderMD during the 90-day notice period.
You agree that we may automatically deduct the applicable Platform Service Fee from any amounts we collected on your behalf.
We will render our invoices monthly in arrears. Our invoices are due 30 days from the date of our invoice. You must notify WonderMD about any dispute with respect to an invoice within 30 days from the date of our invoice otherwise you are deemed to agree with the invoice. If you dispute an amount on an invoice, you must provide detailed reasons for your dispute and pay all undisputed amounts. If you notify WonderMD about a billing dispute, you will meet with representatives of WonderMD as soon as feasible at a mutually agreed date and time to resolve the dispute. If the dispute cannot be resolved within 30 days of the date of the original invoice, WonderMD may, without limiting any of WonderMD’s rights, suspend your use of WonderMD.
Set-off; Late Payment Interest
You agree to immediately reimburse WonderMD upon receipt of an invoice for any chargeback amounts. Notwithstanding the preceding sentence, WonderMD may set-off any chargebacks (including any chargeback fees) from any amounts WonderMD may owe you.
WonderMD may charge late payment interest of the lesser of 1.5% per month or the maximum amount permitted by applicable law on any amounts owing to WonderMD.
RELEASE OF LIABILITY
BY USING WONDERMD YOU AGREE, ON BEHALF OF YOURSELF AND THE CLINIC, PRACTICE OR OTHER ENTITY THROUGH WHICH YOU PROVIDE SERVICES (COLLECTIVELY REFERRED TO AS THE RELEASORS), THAT:
A. WONDERMD IS NOT A HEALTHCARE PROVIDER AND IS NOT RESPONSIBLE FOR THE PROVISION OF HEALTHCARE SERVICES; AND
B. THE RELEASORS RELEASE WONDERMD LIMITED AND ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, LOSS OF WAGES, EXPENSES, LOSS OF PROFIT, AND ANY OTHER DAMAGES OR COMPENSATION WHATSOEVER ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF YOU OR ANOTHER HEALTHCARE PROVIDER (WHETHER A REFERRING PROVIDER, A CONSULTING PROVIDER OR OTHERWISE) CONNECTED WITH WONDERMD OR THE SERVICES OBTAINED THROUGH THE USE OF WONDERMD EVEN IF YOU DID NOT FORESEE THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF WONDERMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes with Patients
WonderMD is not responsible for the healthcare services provided by Referring Providers and Consulting Providers. WonderMD cannot assist Referring Providers or Consulting Providers with and has no responsibility for any dispute about the healthcare services provided by a Referring Provider or a Consulting Provider.
YOU AGREE TO DEFEND, INDEMNITY AND HOLD HARMLESS WONDERMD LIMITED AND ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, REPRESENTATIVES AND AGENTS FROM ANY MATTER ARISING OUT OF OR RELATING TO YOUR OR YOUR EMPLOYEE’S OR CONTRACTOR’S ACTS OR OMISSIONS WHEN USING WONDERMD OR PROVIDING HEALTHCARE SERVICES INCLUDING ANY ALLEGATION THAT ANY SUCH ACT OR OMISSION WAS NEGLIGENT OR CAUSED PERSONAL INJURY OR DEATH.
3. General Terms
These General Terms apply to all users of WonderMD’s website and mobile app services.
To use WonderMD you must be at least 18 years of age and be:
- an individual resident in Ontario seeking pediatric care, or
- a physician, nurse practitioner or midwife in Ontario
- a practicing pediatric healthcare provider with an office in Ontario
WonderMD is not directed at minors. YOU MUST NOT CREATE A WONDERMD PROFILE IF YOU ARE UNDER 18 YEARS OF AGE.
In order to use WonderMD, you must register for an account. Your password for WonderMD must be unique. You are responsible for maintaining the confidentiality of your WonderMD account credentials.
You are responsible for all activities that occur under your WonderMD account. WonderMD does not have any responsibility if you lose or share access to your device.
You must immediately report any unauthorized use of your WonderMD account.
WonderMD may suspend or terminate your account if you violate these Terms of Service or it is necessary to do so to protect the security of WonderMD, another user of WonderMD, or any of our service providers.
YOU MAY DEACTIVITATE YOUR ACCOUNT. IF YOU DEACTIVATE YOUR ACCOUNT, YOUR DATA WILL BECOME INACCESSIBLE TO YOU AND WILL BE DELETED AFTER 120 DAYS. IF PLEASE TRANSCRIBE OR PRINT ANY DATA YOU WISH TO SAVE. IF YOU ARE A REFERRING PROVIDER OR A CONSULTING PROVIDER ARE SOLELY RESPONSIBLE FOR TRANSCRIBING ALL RELEVANT CLINICAL INFORMATION INTO THE PATIENT’S HEALTH RECORD MAINTAINED BY YOU. WONDERMD IS NOT AN ELECTRONIC MEDICAL RECORD OR AN APPLICATION DESIGNED FOR THE PURPOSES OF PATIENTS OR HEALTH CARE PROVIDERS STORING OR MANAGING PERSONAL HEALTH INFORMATION RECORDS.
YOU UNDERSTAND THAT IF YOU DEACTIVATE YOUR ACCOUNT YOU WILL NO LONGER HAVE ACCESS TO INFORMATION YOU HAVE ENTERED INTO WONDERMD AND WONDERMD IS UNDER NO OBLIGATION TO RETAIN THAT DATA.
You are responsible for knowing and obeying all laws applicable to your use of WonderMD.
You will not use WonderMD in any manner that:
- infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
- is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- is for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forges headers or otherwise manipulates identifiers in order to disguise the origin of any material transmitted through WonderMD;
- impersonates any person or entity, including, but not limited to, a WonderMD employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- causes the upload of any content that contains any form of destructive software;
- uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of WonderMD;
- copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to WonderMD;
- attempts to gain unauthorized access to WonderMD, other computer systems or networks connected to WonderMD;
- takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- interferes with or disrupt networks or servers connected to WonderMD; or
Availability of WonderMD
WonderMD may change, suspend or discontinue WonderMD or any features or functionality of WonderMD at any time in its sole discretion.
WonderMD or certain features and functionality of WonderMD may be unavailable from time to time for maintenance or due to the services of our third party service providers being unavailable.
Consent to Installation and Updates and Upgrades
You must use the most recent version of WonderMD to ensure you have the latest features, bug fixes and more.
By downloading or installing WonderMD, you consent to the installation of WonderMD and to future updates and upgrades. These updates and upgrades may occur for various reasons including adding or removing functionality, fixing bugs, and addressing issues relating to security or performance. Your mobile phone or other device may prompt you to accept the installation of the update or upgrade for WonderMD. You agree to use the most current version of WonderMD available in Apple App Store or Google Play, and understand that we may only support the most current version of WonderMD.
In some cases, an update or upgrade may be installed automatically. YOU AGREE TO THE AUTOMATIC INSTALLATION OF UPDATES AND UPGRADES. You can withdraw your consent at any time by uninstalling WonderMD. To request assistance with the removal or disabling of WonderMD, please contact us at WonderMD Suite 117- 3085 Kingston Road, Toronto Ontario M1M 1P1 email: email@example.com
YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that WonderMD (including any updates or upgrades) may (i) cause your device to automatically communicate with WonderMD’s or its third-party service provider’s servers to deliver the functionality described in these Terms of Service (and as described where you downloaded WonderMD) and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information and other information as described in the WonderMD Privacy Notice.
Your telecommunications services provider may impose data charges when you use WonderMD or for data charges for updating or upgrading WonderMD if you have not restricted updates and upgrades to wi-fi connections.
WonderMD may collect, use, retain, disclose and otherwise process your personal information in accordance with the WonderMD Privacy Notice. By using WonderMD you agree to the provisions of the WonderMD Privacy Notice. If you do not agree with the WonderMD Privacy Notice, you must discontinue your use of WonderMD and uninstall WonderMD. Please note that agreeing with the WonderMD Privacy Notice does not prevent you from opting out of certain uses of your personal information as described in the WonderMD Privacy Notice.
Ownership and Licence to Use the WonderMD
You may not use WonderMD for the purpose of conducting benchmarks, testing the WonderMD features and functions, or to develop a competing product or service.
The WonderMD app software (including source and object codes) is owned and operated by WonderIP and its licensors and third-party service providers. The WonderMD app software is licensed to you, not sold. We grant you a non-exclusive, non-transferable, limited licence to install the WonderMD app on any single mobile device, tablet, or similar technology and to cache and display the WonderMD content solely in connection with our services for your individual use.
The WonderMD content includes all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, and all other content or any description available on WonderMD.
The trademark “WonderMD” and the mobile application is owned by WonderIP Limited and used under license. All WonderMD Content is the sole property of WonderMD Limited and/or its licensors and is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.
You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble the WonderMD software in whole or in part, including any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of WonderMD. You may not use or export or re-export WonderMD except as permitted under the laws of Canada and the United States and the laws of the jurisdiction in which WonderMD was obtained. You may not copy, reproduce, perform, distribute, display, modify, translate, merge with other data, frame in another website, post on another website or create derivative works of the WonderMD app software or the WonderMD content, in whole or in part, for the purpose of creating a competing product or service or for resale or distribution.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WONDERMD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF WONDERMD IS AT YOUR OWN RISK. WONDERMD IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WE DO NOT REPRESENT OR WARRANT THAT: THE WONDERMD CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT WONDERMD WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO WONDERMD WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT WONDERMD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT WONDERMD OR THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, WONDERMD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF WONDERMD.
By using WonderMD you agree to defend, indemnify and hold WonderMD Limited and its employees, officers, directors, contractors, representatives and agents harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of WonderMD, including activities under your account, or any alleged violation by you of these WonderMD Terms of Service.
Intellectual Property Infringement Reporting
If you own copyright, trademark, patent, or other intellectual property rights or are the authorized agent for such an owner, and you have a good faith belief that content on WonderMD violates those intellectual property rights, you may report your concern by submitting a complaint to firstname.lastname@example.org
Governing Law and Disputes
These Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue.
These Terms of Service constitute the entire agreement between you and us with respect to your use of WonderMD. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.
Changes and Termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, WonderMD (or any part thereof) with or without notice even if you have created an account. If you wish to terminate your use of WonderMD, you may delete WonderMD or other software that you may have downloaded from us. If you delete WonderMD, you will no longer be able to access any previous activity.
We may amend these Terms of Service at any time by posting revisions in WonderMD with no additional notice to you. Please check back frequently to see the Terms of Service then in effect. Your continued access to and use of WonderMD will constitute acceptance of the amended Terms of Service. If you do not agree with these Terms of Service, or any future amendments, your sole recourse is to cease use of WonderMD.
If you have any questions regarding these WonderMD Terms of Service, please contact email@example.com
Apple / Google Terms and Conditions
If you download WonderMD from the Apple App Store, your use of WonderMD is also governed by Apple’s Terms and Conditions, including the Licensed Application End User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html).
If you download WonderMD from the Google Play Store, your use of WonderMD is also governed by the Google Play Terms of Service (available at https://play.google.com/about/play-terms.html