Terms and Conditions of Use

*Please read the following terms attentively.

1 - Application and acceptance

1. 1.1 - The terms and conditions of use hereof (the "Terms") constitute the user agreement between you and TeleDermato (" TeleDermato") of TeleDermato’s website and Service (as defined hereunder) (the "Site"). By using the Site or subscribing to the Service, you acknowledge that you read and understood the provisions and that you fully agree to be bound by the Terms. For the purposes of the Terms, a “user” refers to any person using the Site, a person who subscribes to the Service or uses it or, if such user of the Service is under fourteen (14) years old, the person who has parental authority. If you do not have the authority required or disagree with any of the Terms, do not use the Site and the Service.
2. 1.2 - TeleDermato reserves the right to modify all or part of the Terms at any time without notice. TeleDermato encourages users to review the Terms on a regular basis. These updated Terms will be effective at the time of their publication on the Site by TeleDermato. Therefore, the use of the Site or the Service after such modifications of the Terms will indicate your acceptance of the modified or revised Terms. If you consider the modified Terms unacceptable to you, your sole remedy is to stop using the Site and the Service.
3. 1.3 - TeleDermato reserves the right to modify and improve the Service within the limits of commercial reasonableness. TeleDermato is committed to inform the user of any important modification relating to the Service by any means, at its discretion, when being requested by the user.

2 - Description of the service

The service is a dermatology consultation service and an online communication service with a doctor, by a personal account created by the user who must be at least fourteen (14) years old, or by the person who has parental authority for the benefit of a person under the age of fourteen (14) years old (the "Service"). Any new functionality added or completing the Service will be subject to the Terms.

3 - General conditions and use of the site

1. 3.1 - TeleDermato provides the user full access and use of the Site for personal purposes only, in accordance with the Terms. You agree that the Site and its content are intended to residents of the Province of Quebec, Ontario and New-Brunswick (Canada) only. The user agree that it is strictly prohibited: (i) to grant licenses or sub-licenses, to sell, to resell, to rent, to lend, to transfer, to assign or operate the Site or to commercially exploit it by any means or to make it available to a third-party in any way other than those expressly authorized by the Terms; (ii) to use the Site for the purpose of data processing on behalf of a third-party; (iii) to use illegally or in a way that may disrupt or alter the integrity or efficiency of the Site. The Site must be used for legal purposes only.
2. 3.2 - The user acknowledges that it is strictly prohibited to change, alter, adapt, hack and obtain an unauthorized access to private sections and tabs of the Site and to systems or networks used by TeleDermato. Moreover, the user will not act in a way that would be likely to disrupt or alter the operation of the Site, including the Service, or any networks and servers relating to the Site.
3. 3.3 - The user takes full responsibility of the online information, databases, texts, messages and other content shared through the Service. The privacy of the connection data and the username remains the sole responsibility of the user, as well as any activity pursued under his username or user account.
4. 3.4 - TeleDermato reserves the right to access any user account to respond to requests of technical assistance. TeleDermato is committed to maintain appropriate administrative, material and technical protection measures to protect the security, privacy, accessibility and integrity of the user’s databases. TeleDermato will not disclose user’s data unless required by law or if the user expressly consents by writing. To that extent, please refer to the Privacy and Personal Information Protection Policy by clicking on the following hyperlink: Privacy and Personal Information Protection Policy.
5. 3.5 - The databases and the files delivered by the Service are kept in a browser and encrypted via the SSH protocol. The databases of the Site are encrypted via the SSL protocol (https). TeleDermato ensures that access to these databases is limited to its employees, doctors and the employees of the storage and hosting provider to whom an access is necessary to operate the Site. TeleDermato will make every reasonable effort to advertise users of disruptions of services on its Site.
6. 3.6 - Should TeleDermato fail to enforce or to insist on the enforcement of any of the Terms, it shall in no event be construed as a waiver by TeleDermato of any of its rights hereof. The user agrees that the Terms are a contract with TeleDermato, the Terms govern the use of the Site, including the Service, and that it supersedes any previous contract, agreement or arrangement concluded with TeleDermato.
7. 3.7 - Subject to a medical consultation done through the Service, general information provided on the Site is not intended to constitute or replace advice, diagnosis, treatment or professional medical care. The user must at any time obtain the opinion of his doctor or of any other qualified health care practitioner, duly licensed and authorized to practice medicine or general health care under the applicable laws of the Province of Quebec (Canada) or under the applicable laws of his elected domicile to answer any user’s question concerning the information available on the Site and on any medical problem that, from the user’s perspective, could affect him or a third-party. The user must never disregard professional medical advice or delay in seeking it because of something on the Site. The user must see his doctor or any other qualified health care practitioner before undertaking any new treatment, diet or physical exercise. The information available on the Site is not exhaustive and does not cover all diseases, pain, physical disorders and treatment.
8. 3.8 - It is strictly prohibited to use the Site or Service for medical emergencies. In case of an emergency, the user must contact a doctor, a qualified health care practitioner or dial immediately 911. Users shall never attempt to do self-care on the basis of the information available on the Site.
9. 3.9 - The general information available on the Site does not create a doctor-patient relationship between users and TeleDermato, and is not intended to encourage anyone to become the patient of TeleDermato’s doctors. This provision does not apply when users use the Service to contact a doctor with whom they already have a doctor-patient relationship.
10. 3.10 - Unless otherwise stipulated, TeleDermato will not make any recommendation or promotion of a specific brand of products, services, methods or information that appears on the Site.
11. 3.11 - With the exception of the Service, TeleDermato will not use the Site to communicate with the public: i) regarding questions or medical aspects; ii) to establish doctor-patient relationships, iii) to make or cancel an appointment, or iv) for requests about expenses, services or similar subjects. Email communications via the Site about these subjects will remain unanswered and will be deleted without being read. If a non-patient user wants to contact TeleDermato or its doctors about medical concerns or appointments, he is asked to contact TeleDermato by phone, fax or email at the following address: [email protected].
12. 3.12 - The Site allows a user that is already patient to contact TeleDermato or its doctors by email or directly via the Service. Any electronic communications other than those made under the Service may not be protected and a third-party could have access to these communications. All collection, use or disclosure of personal information provided by users must comply to the Privacy and Personal Information Protection Policy which can be consulted by clicking the following hyperlink: Privacy and Personal Information Protection Policy.
13. 3.13 - As part of the use of the Service, the user is responsible for providing clear information and, if so, pictures which the features resolution is sufficiently high to enable the Doctor to analyse such information or picture.

4 - User Collaboration

The user agrees to inform immediately TeleDermato after becoming aware of unauthorized use of the Site or the Service or of any breach of security. At the request of TeleDermato, as the case may be, the user agrees to collaborate in order to stop, prevent and resolve security problems or unauthorized use of the Site, including the Service.

5 - User profile

1. 5.1 - In order to access the Service, users have to create an account. By doing so, users agree to: i) the terms of the consent form for the use of electronic means of communication that comes to their knowledge while subscribing to the Service; ii) provide, in any subscription form, true, accurate, current and complete information, and iii) maintain and update without delay this information to ensure the information is true, accurate, current and complete. TeleDermato reserves the right to suspend or terminate access to the Site or parts of the Site if TeleDermato has reasonable grounds to believe that the information is false, incorrect, outdated or incomplete. TeleDermato’s use of personal information provided by users when subscribing is governed by TeleDermato’s Privacy and Personal Information Protection Policy which can be consulted by clicking the following hyperlink: Privacy and Personal Information Protection Policy.

6 - Intellectual property

1. 6.1 - All right, title and interest relating to the Site, including the Service, and its components, including intellectual property rights, are and remain the exclusive property of TeleDermato, subject only to the limited right of access and use expressly conferred pursuant to Terms.
2. 6.2 - The trademark "TeleDermato^TM" and TeleDermato’s logos used or illustrated on the Site are trademarks, which are the exclusive property of TeleDermato.
3. 6.3 - The Site content is protected by the Copyright Act and is the property of TeleDermato, of owners having agreed upon a license in favor of TeleDermato, or of an accredited party as a content provider, as the case may be. Except as granted in the limited license herein, any use of the content, including change, transmission, presentation, distribution, new publication or any other use of the Site or its content, in full or in part, is prohibited without the prior express consent of TeleDermato.
4. 6.4 - Subject to the Terms, a limited, non-transferable and non-exclusive license is granted to user in order for such user to access the Site and use its content for personal purposes and non-commercial use. Users can download, keep and/or print one copy of the content for their personal use, as long as all copyrights and other proprietary notices are kept. Users are not allowed to copy or rebroadcast online articles of the Site. They should also comply with any additional requirements governing the use of specific content which may be followed on the Site. In the event of a conflict between the terms of a license governing specific content and the Terms, the terms of such specific license prevail.

7 - Hypertext links - Third-party websites

1. 7.1 - The Site may contain hyperlinks to third-party websites. These links are meant for convenience only and do not imply endorsement or approval by TeleDermato. Unless specifically instructed, TeleDermato does not operate third-party websites, is not responsible for the content of these websites and makes no representation or warranty, nor any commitment of any kind regarding third-party websites, including, without restricting the generality of the foregoing: i) no representation or warranty, nor any commitment concerning the legality, accuracy, reliability, completeness, currency or relevance of the content of third-party websites, ii) no representation or warranty, nor any commitment concerning the quality and/or adequacy for a particular purpose of third-party websites or material, content, software, products or services offered on third-party websites or available through these websites, and iii) no representation or warranty, nor any commitment indicating that the operation of these websites will be uninterrupted and free of errors, that the defaults or errors will be corrected or that these websites will be free of viruses or of any other harmful element.
2. 7.2 - TeleDermato is not related to any third-party website that contains, displays or transmits illegal or indecent information of any kind, including, without restricting the generality of the foregoing: i) any content constituting or encouraging conduct that would constitute a criminal offense, that would incur civil liability or that would otherwise breach laws or regulations which could damage or harm TeleDermato’s activities, exploitation, credibility and integrity, or ii) any website posting, publishing or transmitting material or information of any kind that violates the rights of others, including material that infringes the privacy or publicity rights of others, or protected by copyright, trademarks or other exclusivity rights. TeleDermato reserves the right to prohibit or refuse to accept, at any time, any link to the Site, including links that contain information or content of the foregoing nature or which allow to have access to this content or information. Users whom insert a hyperlink to the Site on a third-party website in violation of the Terms will have to remove without delay the link, upon notice of TeleDermato. TeleDermato reserves the right to claim damages or to initiate any legal and injunctive proceedings.

8 - Payment

Users agree to comply at any time to the terms and payment conditions of the Service. The payment by the user to TeleDermato for the Service can be made by credit card, provided that the Site uses the online payment platform "Stripe". Users agree to comply to terms and payment conditions of such online payment platform used by TeleDermato and acknowledge that the Terms are subject to Stripe’s terms and conditions which can be consulted by users by clicking the following hyperlink: Stripe Privacy Policy. TeleDermato does not keep any nominal banking data of the user on its browser.

9 - Cancellation and termination

1. 9.1 - Users can cancel the Service and close their account at any time by written notice to that effect at the following address: [email protected]. Users must not use any procedure other than the one mentioned above in order to cancel their account. At the user’s request, TeleDermato is committed to provide a copy of the user’s databases in the event of the cancellation of the Service or the account closure. TeleDermato will comply with applicable laws of the Province of Quebec (Canada) concerning the retention of all personal information of the patient’s medical file.
2. 9.2 - TeleDermato reserves the right to: i) change or interrupt the Service (in full or in part), temporarily or permanently, ii) prohibit current or future use of the Site or close the account of users (in full or in part), and delete or remove the archived content of the Service for whatever reason in accordance with the appropriate laws and regulations, if TeleDermato considers that the user breaches the Terms. TeleDermato will make all necessary reasonable efforts to contact directly users before interrupting the Service or closing their account. Users agree that if TeleDermato interrupts their account access, access to the Site or Service may be blocked too, as well as access to their account information, files and databases, subject to any requirements of applicable laws. TeleDermato, at its own discretion, determines what constitutes a violation of this provision. Any illegal use of the Site, such as copyright infringement or use deemed inappropriate by TeleDermato, at its entire discretion, legal or illegal, is a direct violation of the Terms and will cause the immediate cancellation and termination of the Service.
3. 9.3 - TeleDermato does not have to act in a timely manner and any inaction on its part should not be interpreted as an acceptance of the prohibited use of the Site. TeleDermato will not be liable to the user or any third-party if the Site is modified, interrupted or terminated.

10 - Disclaimer of warranties

1. 10.1 - While TeleDermato attempts to provide accurate, precise and current information, no representation or warranty, express or implied, concerning the Site and its content, is made to the user about: i) the fact that Site’s content or accessible websites from the Site, or any other available articles on the Site or available through the Site, can be trusted and be used for a particular purpose, ii) the accuracy, completeness and reliability of the Site and its content for a particular purpose, iii) the fact that the operation of the Site will be error free or uninterrupted, iv) the fact that fault or error contained on the Site or its content, due to human or computer error, will be corrected, v) the fact that the Site is free of viruses and harmful elements, and vi) the fact that communications to or from the Site will not be accessible to third-party and/or will not be intercepted.
2. 10.2 - Although efforts are made by the employees and Doctors of TeleDermato to read and answer promptly to electronic communications, no guarantee is made about the response time.
3. 10.3 - Access to the Site is at the own risk of the user.

11 - Limitation of liability

1. 11.1 - TeleDermato, its Doctors, directors, officers, employees, agents, licensors and their respective successors and assignees shall never be held responsible for damages of any kind, including any loss or damage that results in material loss, physical injury, medical damage, inappropriate diagnosis, incorrect information, inappropriate treatment or other damage caused as the result of the use of the Site or the breach of the Terms during the use of the Site, from the content of the Site, the reliability given by the user, or his inability to use the Site, whatever the cause of the damage.
2. 11.2 - TeleDermato shall not be held responsible for user’s actions, omissions or conduct when using the Site, or for any advertisement of a third party appearing on the Site. TeleDermato, its Doctors, directors, officers, employees, agents, licensors and their respective successors and beneficiaries shall never be held responsible for damages or losses of any kind, direct or indirect.
3. 11.3 - TeleDermato limits its liability to the maximum extent permitted by applicable laws.

12 - Compensation

The user hereby agrees to indemnify, defend and release TeleDermato, its Doctors, directors, employees, agents, licensors and their respective successors and beneficiaries from all claims, actions, proceedings, damages, penalties and expenses of any kind whatsoever, including legal expenses and fees of its legal counsel, related directly or indirectly to his use of the Site, arising from his breach of the Terms, or resulting from his trust of the information that the Site contains, his inability to access the Site, including websites available through the Site.

13 - Act of god

In no event shall TeleDermato be held liable for any default or delay in the performance of the Service caused by war, act of hostility or computer sabotage, natural disaster, failure of an electrical grid, Internet network or telecommunications system or any other event beyond its control. TeleDermato is committed to make all reasonable efforts in order to mitigate the effects of any such events.

14 - Assignment and subcontracting

TeleDermato reserves the right to assign or transfer the Terms, in full or in part, without limitations. Hereby, TeleDermato may assign its rights or obligations, in full or in part, to subcontractors, at any time, without limitation or obligation to obtain any consent.

15 - Content published by users

1. 15.1 - The Site may offers functions that allow users to display messages or content in designated sections, to participate to discussion groups, to interact with TeleDermato and other users and to upload files, documents and other material (the "Publications"). TeleDermato does not monitor the Publications or does not have the duty to monitor such Publications. However, TeleDermato reserves the right, at any time, to disclose information to respect laws, regulations or government requests, or to edit, refuse to display or remove Publications, in full or in part, at its entire discretion, reprehensible or contrary to laws or violating the Terms. The user agrees that he is responsible for the content of his Publications and its consequences.
2. 15.2 - By posting, uploading or submitting Publications on the Site, the user freely grants TeleDermato a non-exclusive, perpetual, irrevocable, unlimited and international license allowing TeleDermato to: i) use, copy, keep, adapt, translate, change, transmit, distribute, execute or display these Publications, or make derivate works with it, for any purposes, and ii) consent to grant, by an under license of use to third-parties, the unlimited right to exercise the above rights. In addition to providing the license herein, the user waives to moral rights relating to his Publications in favor of TeleDermato, he agrees that TeleDermato’s name or email identifies TeleDermato as the author of the Publications and he consents to the disclosure or display of this information and to any other information that appears on his Publication. The user agrees and accepts to exempt TeleDermato from all liability concerning his Publications.
3. 15.3 - When the user uses features of the Site that allows him to display, upload or publish, this use must not:
   1. 15.3.1. reduce or hinder the use and enjoyment of the Site by another user or interfere or attempt to interfere the proper functioning of the Site or anything that, at the entire discretion of TeleDermato, imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
   2. 15.3.2. transmit or communicate material, information or data which violates laws and regulations, to display or transmit illegal, abusive, defamatory or obscene information, including Publications that constitute or promote criminal offence or give rise to civil liability or that violate local, state, provincial, territorial, national or international laws or regulations;
   3. 15.3.3. display or transmit Publications, including articles, pictures, stories, software or any other material, that violate or infringe the rights of third-parties, including material that infringes privacy or publicity rights of others, or protected by intellectual property rights such as copyright, patent, trade secret, trademark or any right related, without prior consent of rights holders;
   4. 15.3.4. display or transmit Publications containing virus or other harmful component;
   5. 15.3.5. display or transmit spam, chain letters, junk or unsolicited bulk email;
   6. 15.3.6. use the Site for commercial purposes, including displaying, uploading or transmitting Publications that contain advertising which causes activities, solicitation or commercial sales or that includes contests, lottery, advertising or pyramid schemes.

16 - Applicable law

1. 16.1 - The Terms and the relationship between the user and TeleDermato pursuant to the Terms shall be governed by and construed in accordance with the laws of the Province of Quebec (Canada) without regard to conflicts of law principles. The user hereby expressly agrees to be subject to the jurisdiction of the courts of law of the Province of Quebec (judicial district of Quebec) for litigation resolution purposes relating to the Terms. Notwithstanding the above, the user agrees that TeleDermato remains allowed to initiate proceedings in injunction (or any other equivalent emergency measures) before any competent authority.
2. 16.2 - If a court of competent jurisdiction holds any provision or part of the Terms to be invalid, this provision will be removed from the Terms without amending any other provision. All the other Terms will remain in full force and effect.

17 - Languages

The Terms, and any document incorporated herein by reference, constitute the entire agreement between the user and TeleDermato. In case of any discrepancy between the French and English versions of the Terms, the French version shall prevail.

18 - Assistance

The following e-mail address is dedicated to support and technical assistance: [email protected].