Technical Consultants and Experts Group Inc., on its own behalf and its affiliates and/or wholly owned subsidiaries (collectively referred to as “TCE”, “we”, “us”, or “our”), provides a platform for patients outside of North America to obtain second medical opinions from North American and European doctors. The platform will assist in matching patients to specialist doctors. Once a match is made the platform can assist in scheduling and can provide a platform for the consultation (“Estechart Services”); accordingly the platform has the possibility of making certain telehealth related information available to you and/or facilitates your access to telemedicine and expert medical second opinions.
This Disclaimer applies to visitors to www.estechart.com/2MDopinion.com and its associated domains and mobile applications that are owned and operated by TCE and publicly available (collectively, the “Websites“). For the purposes of this Disclaimer, “you” and “your” means you as the visitor or user of the Websites.
By using the Websites, you expressly agree to the terms and conditions set out in this Disclaimer. If you do not agree to this Disclaimer, you should immediately cease all use of and access to the Websites.
NATURE OF THE ESTECHART SERVICES
The Websites and the Estechart Services are intended as convenience tools and the data collected to provide the Estechart Services does not replace the medical advice of the healthcare provider or professional related to the individual whose data has been collected. This information, in the absence of review in a treatment and diagnosis consultation by a healthcare professional, is general, educational information only.
Your interactions through the Websites and the Estechart Services are not intended to take the place of your relationship with your regular healthcare practitioners
TCE is not an insurance provider nor do we provide any medical services. TCE’s role is limited to assisting you in obtaining second medical opinions and to facilitate your access to Estechart Services. TCE is independent from healthcare providers who provide telemedicine services; TCE is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. TCE does not engage in the practice of medicine.
The Websites do not provide medical advice , nor do not create a healthcare provider/patient relationship between you and TCE or otherwise. Any services provided by or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your primary healthcare providers. You must consult your doctor or other qualified healthcare provider in your jurisdiction if you have any questions about a medical condition. TCE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITES.
By using the Websites, you agree to comply with all laws applicable to your use of the Websites, you will not interfere with a third party’s use and enjoyment of the Websites, and you will not interfere with or disrupt TCE or its vendors’ security measures. You agree not to:
a. Send or otherwise transmit to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
b. restrict or inhibit any person from using the Websites;
c. reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt to do any of the foregoing;
– Gain unauthorized access to the Websites, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites;
– launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
– post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
– alter or modify any part of the content or services offered on or through the Websites;
– purposefully misrepresent your identity or affiliation;
– collect any information from the Websites for any purpose other than individual personal use;
– attempt, assist or permit any persons in engaging in any of the activities described above.
You hereby certify that you are physically located in the place you have chosen as your current location; you also certify that the laws of your current location do not consider your obtaining information (provided that is no treatment and no medication is prescribed) as you having received medical treatment. You acknowledge that your ability to access and use the Estechart Services is conditioned upon the truthfulness of this certification and that the persons you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify TCE and the persons you interact with from any resulting damages, costs or claims.
You acknowledge that the opinions provided by the registered specialists on Websites are for informational purposes only and should not replace an in-person examination or consultation with a (or primary) healthcare professional. You further acknowledge that the opinions provided through the Websites are based solely on the information you provide and that we do not undertake any responsibility for the accuracy or completeness of the information provided by you.
You acknowledge and confirm that Websites nor any professional you are contact with through the Websites not establish a doctor-patient relationship through Websites. In particular the opinions provided are not to be considered as a diagnosis or treatment plan, and you are solely responsible for consulting with your primary healthcare provider and for seeking appropriate local medical care.
INTELLECTUAL PROPERTY RIGHTS AND CONTENT
TCE is the sole and exclusive owner of the Websites and their content, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and any related materials and documentation. No title or ownership of the Websites or any portion thereof is transferred to you hereunder. TCE reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites.
Please note that some jurisdictions may not allow the exclusion of implied warranties, and therefore some of the below exclusions may not apply to you.
THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TCE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITION OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TCE DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TCE MAKES NO GUARANTEES AND DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, RELEVANCE, TIMELINESS, COMPLETENESS, OR APPROPRIATENESS OF ANY CONTENT POSTED ON THE WEBSITE FOR A PARTICULAR PURPOSE. TCE ASSUMES NO LIABILITY ARISING FROM OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITES.
TCE is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Websites or phishing emails designed to appear to be sent from TCE.
The Estechart Services provided through the Wesites are considered educational virtual second opinion services and are different from the diagnostic services provided by a traditional in-person encounter with a healthcare provider. The Providers providing these Services will not have the benefit of information that would be obtained by examining you in-person and observing your physical condition first hand. Therefore, the professional providing advice may not be aware of facts or information that would affect their opinion of your condition. In some cases, the missing facts may be critical to the accuracy of the professionals understanding and opinion.
TO REDUCE THE RISK TO YOU OF THIS LIMITATION, WE STRONGLY ENCOURAGES YOU TO DISCUSS THE RESULTS OF YOUR CONSULTATION WITH YOUR HEALTHCARE PROVIDER. BY REQUESTING AN EDUCATIONAL VIRTUAL SECOND OPINION THROUGH THE ESTECHART SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
– You are aware of the limitations of these services, a type of telemedicine service, and agree to solely assume the risk of such limitations;
– the opinion that you will receive is limited and provisional, is not a diagnosis or treatment of your condition, and does not include the ordering of diagnostic tests or prescribing of any medication;
– the remote consultation is not intended to replace a full medical or an in-person medical evaluation with your healthcare provider;
– the provider does not have important information about you that is usually obtained through a physical examination;
– the absence of a physical examination may affect accuracy of the provider’s opinion about your condition, disease, or injury;
– the Estechart Service does not include any emergency care you may require;
– the company may cancel the services at any time in its sole discretion prior to the completion of the services.
– the services are intended for personal information only and may not be used in litigation against any third-party healthcare provider as an expert opinion or otherwise;
– no warranty or guarantee has been made to you concerning any particular result, outcome, or treatment of your condition
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless TCE, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to either or both of (i) your violation of this Disclaimer, (ii) your use, or misuse, of the Websites or Estechart Services.
TCE IS NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITES.
This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of this Disclaimer. You agree that the limitations of liabilities are fair and reasonable in the circumstances.
We may collect, use and disclose personal information about you through your use of the Website. Please review l to find out how we collect, use and disclose your personal information that is collected.
MODIFICATIONS TO THIS DISCLAIMER
We may, at any time and from time to time, amend this Disclaimer. Any changes will be effective immediately upon posting. You agree to review the Disclaimer periodically and your use of the Estechart Services following any such change constitutes your agreement to follow and be bound by this Disclaimer as amended.
CHOICE OF LAW AND JURISDICTION
This Disclaimer shall be governed by the laws of the Province of Ontario, Canada. We and You related to this Agreement shall be resolved exclusively by the courts of the Province of Ontario.
You will not use any of the Websites, in a manner inconsistent with (i) this Disclaimer, or (ii) any applicable laws and regulations.
If any provision of this Disclaimer is determined to be invalid, illegal or unenforceable, the remaining provisions of the Disclaimer remain in full force. Nothing in this Disclaimer creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
This Disclaimer is personal to you, and is not assignable, transferable, or sublicensable by you except with TCE’s prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.