BY CLICKING THE CHECKBOX NEXT TO THE LINK TO THESE TERMS, YOU:
- ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THAT THESE TERMS ESTABLISH A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND LUMECA;
- IF YOU ARE AN INDIVIDUAL, YOU ARE THE LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND
- IF THE USER IS A CORPORATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO AGREE TO OBSERVE THESE TERMS ON BEHALF OF THE USER AND BIND THE USER TO THESE TERMS; and
- IF YOU INTEND TO ACCESS HEALTHCARE SERVICES THROUGH THE LUMECA PLATFORM, YOU (OR YOUR REGISTERED DEPENDENT, IF APPLICABLE) RESIDE IN EITHER BRITISH COLUMBIA, ALBERTA, ONTARIO, OR SASKATCHEWAN.
IF YOU DO NOT AGREE TO THESE TERMS, LUMECA WILL NOT AND DOES NOT PROVIDE YOU WITH THE RIGHT TO USE THE LUMECA PLATFORM AND YOU MUST NOT USE, OR IMMEDIATELY CEASE USING, THE LUMECA PLATFORM AND PARTICIPATING IN THE REFERRAL PROGRAM AND/OR PURCHASING CREDIT PROGRAM.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THESE TERMS AT ANY TIME., BY USING THE LUMECA PLATFORM OR PARTICIPATING IN THE REFERRAL PROGRAM AFTER THE AMENDMENT OF THE TERMS, YOU ARE AGREEING TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES. THE DATE ON WHICH THESE TERMS WERE LAST AMENDED WILL APPEAR AT THE TOP.
ON NOTICE TO YOU, LUMECA MAY IMMEDIATELY TERMINATE THESE TERMS, AND/OR ACCESS TO THE LUMECA PLATFORM, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE LUMECA PLATFORM OR ANY PORTION THEREOF AT ANY TIME, FOR ANY REASON.
Authorized Physicians, Lumeca Telemedicine Platform
All physicians providing Healthcare Services or Informational Services, as defined below, (each an "Authorized Physician") are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada. Lumeca is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the Lumeca Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Physicians may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the "College of Physicians and Surgeons" of the Province), in the Province or Territory in which the Physician Practices.
Physicians may provide two kinds of services through the Lumeca Platform: health care services ("Healthcare Services") and/or general information about diseases and conditions and how they are treated in Canada ("Informational Services").
Telemedicine (also referred to as Virtual Care) is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location. During your telemedicine consultation with an Authorized Physician, you will be asked to provide the Authorized Physician certain Personal Information including Personal Health Information (collectively referred to together as "Information"). When discussing Healthcare Services, information typically refers to Personal Health Information ("PHI"), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The type of services that are available to you through the Lumeca Platform depends on your province of residence and the location you are in at the time you request the services. This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
1) Healthcare Services, Limits on Healthcare Services
Healthcare Services will only be made available to you if you are a temporary or permanent resident of British Columbia, Alberta, Ontario, or Saskatchewan, whether or not physically in the Province or Territory at the time that you request the Healthcare Services ("Residency Requirements"). The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship. Lumeca is not a party to that relationship.
There are restrictions on the Healthcare Services that can be provided through the Lumeca Platform. YOU MUST NOT USE THE LUMECA PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, or any abdominal pain severe enough that you are unable to comfortably walk.
In addition to the limitations set out above, Authorized Physicians are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the Lumeca Platform.
Authorized Physicians have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.
Not a Replacement for Primary Care. Please note that interaction with an Authorized Physician through the Lumeca Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician. We do not provide your family physician with a report about the Healthcare Services that you receive through the Lumeca Platform. Your family physician can take into consideration these Healthcare Services, including any prescriptions. It is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the Lumeca Platform enables you to send a summary of your Healthcare Services to a physician of your choice.
2) Informational Services. Limits on Informational Services
Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone in radio show), and are not Healthcare Services. The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment. Lumeca is not a party to your relationship with an Authorized Physician providing Informational Services.
Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Lumeca and Authorized Physicians providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Lumeca or an Authorized Physician directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.
Authorized Physicians have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.
By authorizing someone else (a "Third Party") to pay the fees for your Healthcare Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Lumeca, and Lumeca will rely on your representation, that:
a. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Lumeca Platform and Healthcare Services and/or Informational Services; b. disclosing the information that you have requested Healthcare Services to the Third Party to permit Lumeca to process payment for the Healthcare Services and/or Informational Services; and c. notifying the Third Party of any changes or termination of your access to the Lumeca Platform.
How It Works
The Lumeca Platform And Healthcare Services The Lumeca Platform enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, for you. The Lumeca Platform and Healthcare Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Healthcare Services. You agree that the Lumeca Platform is made available solely for your personal and non-commercial use.
The Lumeca Platform also enables you to: store Information (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Physicians; and receive and store prescriptions and sick notes, among other documents, from Authorized Physicians electronically. The Lumeca Platform offers optional services that Lumeca will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a physician of your choice; fax securely your prescription to your chosen pharmacy and receive notice when it is ready for pick-up; open an account for you with a prescription delivery service; and, where available, securely transmit your information to the prescription delivery service.
The Lumeca Platform and Informational Services The Lumeca Platform enables you to access the online provision of general medical information from Authorized Physicians. You acknowledge and agree that the Lumeca Platform and Informational Services are made available solely for your personal and non-commercial use.
BY REGISTERING TO USE THE LUMECA PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
- The Lumeca Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account or Corporate Account, as the case may be) with Authorized Physicians for the provision of Healthcare Services and/or Informational Services, that Lumeca is not a party to the relationship between you and any Authorized Physician providing Healthcare Services and/or Informational Services. Authorized Physicians are independent contractors who are not employed by Lumeca or otherwise affiliated with Lumeca.
- AUTHORIZED PHYSICIANS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
- As with any other medical consultation, no results can be guaranteed or assured: your Authorized Physician may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the Lumeca Platform.
- As with any other health care service, there are risks associated with the use of the Healthcare Services.
- There are risks associated with any inappropriate reliance on Informational Services.
- The Lumeca Platform may not permit the transmission of information in a way that allows the Authorized Physician to provide Healthcare Services or Informational Services (e.g., poor resolution of images).
- You are responsible for providing the Authorized Physician with the information that he or she advises is required in order to provide you with Healthcare Services or Informational Services.
- The content and material appearing on the Lumeca Platform could include technical, typographical or photographic errors. Lumeca does not warrant that any of the materials provided are accurate or current (see the Section on "Content" below).
None of the information or materials (collectively, excluding Healthcare Services, "Content") available through the Lumeca Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.
All right, title and interest in and to the Lumeca Platform, all Contents and rights therein, including all IP Rights, except PHI, are and shall remain Lumeca’s property or the property of Lumeca’s licensors. Neither these Terms nor your use of the Lumeca Platform convey or grant to you any rights to use or reference in any manner Lumeca’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Lumeca’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms. For the purposes of this paragraph, “IP Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trade-mark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world.
Notwithstanding anything to the contrary in these Terms, no license is granted (whether expressly, by implication or otherwise) under these Terms, and these Terms expressly exclude any right concerning any software that you did not acquire lawfully or that is not a legitimate, authorized use of the Lumeca Platform.
Preliminaries: Individual User Accounts
If you are an individual proposing to use the Lumeca Platform, including for obtaining Healthcare Services or Informational Services, you must register for and maintain an active personal account ("Individual Account"). You must be at least 18 years of age to create an Individual Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your Individual Account. You must create a separate "profile" for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.
You are responsible for all activity that occurs under your Individual Account, and you agree to maintain the security and secrecy of your Individual Account username and password at all times. Unless otherwise permitted by Lumeca in writing, you may only possess one Individual Account.
If your Individual Account is linked to a Corporate Account, your PHI will not be shared with the holder of that Corporate Account. However, your PHI may be used by Lumeca to create general usage statistics and customer feedback results, both of which Lumeca may share with the holder of that Corporate Account.
Preliminaries: Corporate User Accounts
If you are a corporation proposing to use the Lumeca Platform, you must register for and maintain an active corporate account (“Corporate Account”). Your Corporate Account will require you to provide information respecting individuals that your Corporate Account is to cover. Those individuals will be provided with information by the Lumeca Platform to set up Individual Accounts that will be linked to your Corporate Account.
You are responsible for all activity that occurs under your Corporate Account, including all activity on Individual Accounts linked to your Corporate Account, and you agree to maintain the security and secrecy of your Corporate Account username and password at all times. Unless otherwise permitted by Lumeca in writing, you may only possess one Corporate Account.
Any PHI related to Individual Accounts linked to your Corporate Account will not be shared with you. However, Lumeca may create de-identified general usage statistics and customer feedback results based on that PHI, both of which Lumeca may share with you.
While using the Lumeca Platform, 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 Lumeca Platform except as expressly permitted by Lumeca.
- Decompile, reverse engineer, decode, adapt, disassemble, or otherwise attempt to derive or gain access to the source code of the the Lumeca Platform, or any part thereof.
- Link to, mirror or frame any portion of the Lumeca Platform.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Lumeca Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Lumeca Platform.
- Attempt to gain unauthorized access to or impair any aspect of the Lumeca Platform, or its related systems or networks.
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- Access or use the Lumeca Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights of any person or that violates any laws.
- Access or use the Lumeca Platform for purposes of competitive analysis of the Lumeca Platform, the development, provision or use of a competing software service or product or any other purpose that is to Lumeca’s detriment or commercial disadvantage.
- Input, upload, transmit or otherwise provide to or through the Lumeca Platform any information or materials that are unlawful or injurious, or contain, transmit or activate any software, hardware or other technology, device or means, including any virus, trojan horse, worm, backdoor, malware or other malicious computer code, the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any: (i) computer, software, firmware, hardware, system or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby; or (b) prevent any user of the Lumeca Platform from accessing or using the Lumeca Platform as intended by these Terms.
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Lumeca Platform, including Authorized Physicians. You agree that you will not contact Authorized Physicians in respect of Healthcare Services or Informational Services except through the Lumeca Platform. For clarity, Lumeca has no interest in or control over any interaction that you may have with Authorized Physicians outside the Lumeca Platform and unrelated to Healthcare Services or Informational Services.
As set out above, Lumeca reserves the right to terminate any User’s access or use of the Lumeca Platform at any time, for any reason. If your Individual Account or Corporate Account is terminated, Lumeca will have no further obligation to provide access to the Lumeca Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Physician in connection with his or her professional obligations to you.
Fees/Physician Payment/ Payment Options
Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for those elements of Healthcare Services not covered by the provincial health plan in your Province or Territory of residence (e.g. a consult with a Psychologist). We do not charge for services that are covered by provincial health plans. Where you have questions about fees charged for Healthcare Services, please contact us at firstname.lastname@example.org.
You understand that you can choose from a variety of options for your frequency of use of Healthcare Services and/or Informational Services you receive from an Authorized Physician, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are three options available for payment: pay-as-you-go, membership, or corporate plan. These options are described below.
In jurisdictions where virtual care is an insured health service, we charge Authorized Physicians a service fee for using the Lumeca Platform. All fees for Healthcare Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.
Pay-As-You-Go option: You will be charged for Lumeca’s consultation rate (“Fees”) at the time you request Healthcare Services and/or Informational Services. This charge applies to any and all interactions between you and the health care provider until such time your consultation is archived. Lumeca requires you to submit credit card information prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services or Informational Services through the Lumeca Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Lumeca, may validate your credit card and put a hold on it in the amount of the Fees. Lumeca will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services or Informational Services. Lumeca will provide you with a receipt for the Fees you pay.
Membership option: Lumeca may allow you to purchase unlimited access to certain specified Healthcare Services or Informational Services during a fixed membership term for a flat fee ("Membership Fee"). Lumeca will notify you of the applicable Membership Fee and the Healthcare Services and Informational Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services or Informational Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services or Informational Services covered by your membership. The only additional fees would be for Healthcare Services or Informational Services you request that are outside of your membership and accordingly not covered by your Membership Fee (e.g. a scheduled session with a Psychologist). Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fees are non-refundable, except where Lumeca terminates your access to the Lumeca Platform, in which case Lumeca will give you a pro rata refund of your Membership Fee. For clarity, Lumeca will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.
Corporate option: If you have a Corporate Account, Lumeca will allow access to Healthcare Services and Informational Fees for Individual Accounts linked to your Corporate Account in accordance with the particular plan you choose (“Plan”), upon payment of the fee associated with that Plan (“Plan Fee”). Lumeca will notify you of the applicable Plan Fee and the Healthcare Services and Informational Services that are covered by your Plan in any given year, and will have the Plan Fee processed to your credit card before the first time you obtain Healthcare Services or Informational Services under your Plan. For the duration of your Plan, you will not be charged additional fees for any Healthcare Services or Informational Services covered by your Plan. The only additional fees would be for Healthcare Services or Informational Services you request that are outside of your Plan and accordingly not covered by your Plan Fee. Your Plan will automatically renew until cancelled by you in the Billing section of your Account Settings. In the event of an increase in the Plan Fee, we will notify you in advance, and ask whether you want to continue your Plan. Your Plan Fees are non-refundable, except where Lumeca terminates your access to the Lumeca Platform, in which case Lumeca will give you a pro rata refund of your Plan Fee. For clarity, Lumeca will refund the portion of your Plan Fee corresponding to the number of months remaining on your Plan on the date of termination.
Late Fees: If you fail to make any payment of Fees, Membership Fees, or Plan Fees when due, then, in addition to all other remedies that may be available to Lumeca:
- Lumeca may charge interest on the past due amount at any rate of interest, and compounded and calculated at such interval as Lumeca may decide, provided such rate of interest is not in excess of the prohibited interest rates set out in the Criminal Code (Canada);
- You will reimburse Lumeca for all costs incurred by Lumeca in collecting any late payments or interest; and
- Lumeca may immediately suspend your access to the Lumeca Platform (along with the access of any linked Individual Accounts to your Corporate Account, if applicable) until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to you or any person by reason of such suspension.
Third Party Payment/Coverage
Lumeca may permit a Third Party (e.g. employer) to pay the Fees and/or Membership Fees for some or all of the Healthcare Services or Informational Services provided to a User or group of Users. In these circumstances, Lumeca has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with Lumeca to obtain Healthcare Services and/or Informational Services, and for whom the Third Party will pay the Fees or Membership Fees for some or all of the Healthcare Services or Informational Services they receive. The payment option will be determined by the Third Party and Lumeca. Lumeca is not a party to and has no control over the agreement between any User and a Third Party payer. Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fees. Lumeca will inform Users of any changes to or termination of their Third Party coverage. Users whose Third Party coverage is terminated may be given the option of continuing to use the Lumeca Platform under their existing account so long as they pay the Fees or Membership Fees.
THE LUMECA PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." LUMECA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN ADDITION, LUMECA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE LUMECA PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LUMECA DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE LUMECA PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES.
Limitation of Lumeca’s Liability
UNDER NO CIRCUMSTANCE SHALL LUMECA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE LUMECA PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS. LUMECA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE LUMECA PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE LUMECA PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN. LUMECA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LUMECA’S REASONABLE CONTROL. YOU AGREE THAT LUMECA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE LUMECA SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF LUMECA IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE LUMECA PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE FEES, MEMBERSHIP FEES, OR PLAN FEES, AS APPLICABLE, PAYABLE BY YOU TO LUMECA. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
No Liability for Computers or Networks Used to Access Your Account
Lumeca is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Lumeca Platform.
You agree to indemnify and hold Lumeca (which in this paragraph includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Lumeca Platform, Healthcare Services and/or Informational Services obtained through your use of the Lumeca Platform; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Authorized Physicians, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends; or (iv) any other materials or information (including any documents, data, specifications, software, Content or technology) provided by or on behalf of Lumeca. Through the Lumeca Platform, you may use certain services that are not provided by Lumeca and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by Lumeca, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Lumeca.
Entire Agreement. These Terms, together with all information you provide to Lumeca as part of the setup of your Individual Account or Corporate Account (as the case may be), constitute the entire agreement and understanding of Lumeca and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms and all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. Any Action arising out of or related to these Terms shall be instituted exclusively in the courts of the Province of Saskatchewan, and you irrevocably submit to the exclusive jurisdiction of such courts in any such Action. Service of process, summons, notice or other document by mail to your address provided to Lumeca shall be effective service of process for any Action brought in any such court. You irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and you irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum. For the purposes of this paragraph, the term “Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, investigative, regulatory or other, whether at law, in equity or otherwise..
Non-assignment. You will not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Lumeca’s prior written consent, which consent Lumeca may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any amalgamation, arrangement or reorganization involving you will be deemed to be a transfer of rights, obligations or performance under these Terms for which Lumeca’s prior written consent is required. No delegation or other transfer will relieve you of any of your obligations or performance under this Agreement. Any purported assignment, delegation or transfer in violation of this paragraph is void. This Agreement is binding upon and enures to the benefit of you and Lumeca and your respective permitted successors and assigns.
Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Public Announcements: Where you have a Corporate Account, Lumeca may, without your consent, include your name in its lists of current or former customers of Lumeca in promotional and marketing materials.
Language: The parties confirm that it is their express wish that these Terms, as well as any other documents related to these Terms, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que ces conditions, de même que tous les documents s'y rattachant, y compris tous avis, annexes et autorisations s'y rattachant, soient rédigés en langue anglaise seulement
If you have questions about the Lumeca Platform or its use, you can contact Lumeca Support by sending an email to email@example.com.