Terms and Conditions for Patient

MEDHOUSECALLUSER AGREEMENT

IF YOUTHINK YOU MAY HAVE A MEDICAL EMERGENCY OR IF YOU ARE EXPERIENCING CHEST PAINS, LOSS OF CONSCIOUSNESS, TROUBLE BREATHING, TROUBLE OR UNCONTROLLABLE BREATHING OR ANY OTHER SERIOUS MEDICAL ISSUE OR INJURY PLEASE CALL 911 IMMEDIATELY OR VISIT YOUR NEAREST EMERGENCY ROOM.

PLEASE REVIEW THE FOLLOWING USER AGREEMENT. USER AGREEMENT FORMS A LEGAL AGREEMENT BETWEEN YOU AND LEADSOPOLIS INC. LOCATED AT 219 LARKIN AVENUE, MARKHAM, ONTARIO CANADA L3P 4Y7 WITH FEDERAL INCORPORATION NUMBER 961590-3 FORMED PURSUANT TO THE CANADA BUSINESS CORPORATIONS ACT (DOING BUSINESS AS “MEDHOUSECALL:) WHICH GOVERNS YOUR ACCESS TO AND USE OF MEDHOUSECALL’S SEVICE AS A USER. PLEASE REVIEW THIS ENTIRE USER AGREEMENT BEFORE YOU DECIDE WHETHER TO ACCEPT IT AND CONTINUE WITH THE REGISTRATION PROCESS.

BY DOWNLOADING AND USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT AND THE MEDHOUSECALL USER PRIVACY POLICY [insert here]. SHOULD YOU NOT AGREE WITH THE FOLLOWING USER AGREEMENT, PLEASE DO NOT DOWLOAD AND USE THE APPLICATION

MEDHOUSECALL carries on the business of providing users (“Users”)with technology which allows them to request the attendance of a professional health care provider via a secureproprietary application software (the “Software”) and online ancillary services (“MedHouseCall Application”). Professional Providers are engaged in providing certain types of services to Users that the User is licensed, certified and/or credentialed to provide to Users as selected in the Registration Confirmation (“Professional Services”) in the jurisdiction in which the User has an applicable license, certification and/or credential to do so for Users (“Jurisdiction”).  Administrative Users access the MedHouseCall Application to perform administrative functions related to the offering of the Professional Services (“Administrative Services”) (Professional Services and Administrative Services are collectively, the “Services”).

THIS AGREEMENT SETS FORTH THE TERMS UNDER WHICH MEDHOUSECALL WILL PROVIDE THE SOFTWARE AND MEDHOUSECALL APPLICATION. USER’S ACCESS TO AND USE OF THE SOFTWARE ANDTHE MEDHOUSECALL APPLICATION IS GOVERNED SOLELY BY THE TERMS OF THIS AGREEMENT WHICH SUPERSEDES THE TERMS OF ANY OTHER PRIOR WRITING OR UNDERSTANDING BETWEEN THE PARTIES.

1.0INTRODUCTION

1.1 Term and Termination

This Agreement shall remain in full force and effect from the date hereof and shall continue unless and until terminated. This Agreement shall endure to the benefit of and be binding upon the parties and their respective legal or personal representatives, heirs, executors, administrators, successors or permitted assignees. MedHouseCall may terminate this Agreement at any time without cause by giving the other party written notice to User of one (1) business day after which MedHouseCall shall cease providing access to the MedHouseCall Application. The User may terminate their account at any time for any reason by emailing support@medhousecall.ca. MedHouseCallreserves the right to retain information associated with the User’s Account for a period of time (“Retention Period”) before deleting such information. This period of time may be a reasonable period of time, or a period of time in accordance with the law.

1.2 Disclaimer

The following disclaimers are made on behalf of MedHouseCall, MedHouseCall’saffiliates, subsidiaries, parents, successors and assigns, and each of MedHouseCall’s respective officers, directors, employees, agents, and shareholders.

MedHouseCall enables the User to obtain telephonic and in-person consultations and treatment for common medical conditions by facilitating the connection between the Userand nearby health care professionals through the use of the MedHouseCall Application.

MEDHOUSECALL DOES NOT PROVIDE MEDICAL SERVICES IN ANY MANNER WHATSOEVER, AND MEDHOUSECALL IS NOT A MEDICAL COMPANY. It is up to the User to decide whether or not to provide services to a User contacted through the MedHouseCall Platform, and it is up to the User to decide whether or not to accept the Services from any User contacted through the MedHouseCall Application. MedHouseCall cannot ensure that a User or User will complete an arranged service. MedHouseCall has no control over the quality or safety of the services.

The professional provider refers to an individual engaged in providing certain types of services to Users that the Provider is licensed, certified and/or credentialed to provide to Users as selected in the Registration Confirmation (“Professional Services”) in the jurisdiction in which the Provider has an applicable license, certification and/or credential to do so for Users. The professional provider with which the Userestablish a treatment relationship is solely responsible for providing the Userwith medical services. MedHouseCall only act as a technology platform to connect the Userwith health care professionals who may be interested in providing the Userwith medical services.

None of the MedHouseCall Application (other than information the Userreceives from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for the User.

MedHouseCall can be used only in areas whereMedHouseCall offers services. MedHouseCall is void where prohibited by law. MedHouseCall may modify the MedHouseCall application at any time without any notice and in its sole discretion. MedHouseCall may block or prevent access and use to any portion of the MedHouseCall application without any notice and in its sole discretion.

The MedHouseCall Application is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. MedHouseCall does not guarantee and do not promise any specific results from use of the MedHouseCall Application and/or the Services, including the ability to provide or receive Services at any given location or time. By using the MedHouseCall Application, the User acknowledges that MedHouseCall is not a medical organization, hospital or staffed by medically trained personnel.

2.0 USER’S USE OF THE SOFTWARE

2.1 Application and Use

To use the MedHouseCall Application the User is required to provide MedHouseCall with certain information including: their real name, address, email, telephone number, date of birth, and Ontario Health Insurance Plan (“OHIP”) number or comparable particulars relating to any other Canadian provincial or territorial health insurance plan coverage. The User must be 18 years of age or older and reside in Ontarioor another jurisdiction where MedHouseCall provides services to use the MedHouseCall Application. The User must also create an Account and have Wi-Fi or data plan internet access. The User also acknowledges that their wireless provider may have additional charges for text messages or data.

 Upon accepting the terms of this agreement, MedHouseCall hereby grants the User a non-exclusive, non-transferable limited license to use and access the MedHouseCall Application in strict accordance with the terms in this Agreement. The User agrees not to make any false or fraudulent statements as they use and access the MedHouseCall Application. The User acknowledges and agrees that all content and services available on this site are property of MedHouseCall and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Canada and internationally. All rights not expressly granted herein are fully reserved by MedHouseCall.

Except as may be explicitly permitted, the User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

2.2 Access and Security Guidelines.

When creating their accounts, the user will use his/her real name, real and valid phone number, and valid email address and create a password to use in association with User’s email address for access to and use of the Software and the MedHouseCall Application. The User shall use their best efforts to prevent access to MedHouseCall’s application through their Username and Password by anyone other than themselves, including but not limited to, keeping such information strictly confidential, notifying MedHouseCall immediately if the User discovers loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party. The User agrees that they shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the application.  The user also agreement to update their account information as soon as it changes. The User acknowledges that they are responsible for all activity linked to their Account.

Upon creating their Account, the User will receive a text message on their cell phone with a verification code. This code must be entered into the applicable screen during the Account Registration Process to proceed with the rest of the registration.

Upon creating their Account, the User will also receive an email asking for email verification. Unless the Userverifiestheir email within 24 hours, the User’s Account will be deactivated.

If the User forgetstheir Password, the User will be directed to a password recovery page to recover their password associated with the User’s email address.

2.3 User Conduct

User is responsible for all activities that occur under User’s account. User will not, and will not attempt to, do any of the following:

  1. upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
    2. infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  1. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  2. impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
  1. harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of the User’s own or a third party.
  2. solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.;
  3. use or access the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
  4. use the MedHouseCall Application in any way that, in the sole judgment of MedHouseCall, is objectionable or which restricts or inhibits any other person from using or enjoying the MedHouseCall Application, or which may expose MedHouseCall or its Users to any harm or liability of any type, or creates or imposes MedHouseCall inappropriate load or creates large bandwidth-consuming transactions on the MedHouseCall Application.

2.4 Suspension or Termination of Use

In addition to any other right or remedy that MedHouseCall may have under this Agreement or at law, MedHouseCall may suspend or terminate a User’s access to the MedHouseCall Application upon receipt of any notice which alleges that the Users has used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. The User is responsible for any claims, fees, fines, penalties, and other liability incurred by MedHouseCall or others caused by or arising out of User’s breach of this Agreement or its use of the MedHouseCall Application.

2.5 User Information

MedHouseCall will collect, use, store and disclose Personal Information of Users on behalf of User and subject to User’s instructions.

2.6 Errors and Corrections

The use of the MedHouseCall is at the User’s own risk. While MedHouseCall uses reasonable efforts to include accurate and current information on MedHouseCall’s Application, Products, and Services, MedHouseCall does not warrant or represent that the Site, Products, and Services will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. MedHouseCall reserves the right to correct any inaccuracies or typographical errors on MedHouseCall’s Site, Products, and Services, including pricing and availability of products and services, and shall have no liability for such errors. MedHouseCall does not represent or guarantee the truthfulness, accuracy, or reliability of and takes no responsibility and assumes no liability for any content posted, stored or uploaded by User, any user of the MedHouseCall Application or any third party on, in or to the MedHouseCall Application, or for any loss or damage arising therefrom, nor is MedHouseCall liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter.

2.7 Intellectual Property Rights

The MedHouseCall design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Application are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. The User does not acquire ownership rights to any such elements viewed through the Application. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without MedHouseCall’s prior written permission. MedHouseCall’s name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of MedHouseCall. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

2.8 MedHouseCall Consultation

The User acknowledges that Professional Provideris not meant to be a replacement for The User’s family doctor.If the Userhas a family doctor, the Useris encouraged to consult with them before using MedHouseCall,The User must consult with their family doctor as necessary and before seeking any new treatment or before the User alter, suspend or initiate any change in the User’s medical treatment, medication routine or health care related procedure or activity. The User must not disregard medical advice provided to the User by the User’s family doctor. When requesting a Consultation, the User must select their current location, the User’s symptoms, the User’s health coverage information, alternative payment information, and for which Professional Provider the Consultation request is for.

 3.0 PAYMENT

3.1 Fees

There is no charge to register with us or download the MedHouseCall Application on the User’s mobile device. The User agrees to pay all fees or charges to the User’s account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

The Consultation fee is shown in the MedHouseCall Application. MedHouseCall reserves the right to change the Consultation fee.

If the User’s health plan, employer, agency, OHIP, or other Canadian provincial or territorial health insurance plan coverage, has arranged with MedHouseCall to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Doctor MedHouseCall, that fee adjustment will be reflected in the fee that the Useris ultimately charged. Please check with the User’s employer, health plan, agency, OHIP, or other Canadian provincial or territorial health insurance plan coverage to determine if any services will be reimbursed.

If the User has OHIP or health coverage from any of the Canadian provinces or territories except Quebec, the User’sConsultation is covered by the User’s provincial or territorial health insurance. In order to make a Consultation request, the User’s health coverage must be valid and the User must enter the User’s health coverage information when prompted. The User’s health coverage information will be verified before the User’sConsultation request is sent to the Professional Provider.

If the User does not have insurance coverage for Services, or if their coverage is denied, the User acknowledges and agrees that the User shall be personally responsible for all incurred expenses. MedHouseCall offers no guarantee that the User shall receive any such reimbursement. MedHouseCall reserves the right to modify or implement a new pricing structure at any time prior to billing the Userfor the User’s initial payment or for future payments due pursuant to these Terms of Use. The User understands and agrees that for Services provided on an appointment basis, the User will be responsible for a missed appointment fee equal to all or a portion of the fees the User and the User’s insurer or other payor would have paid for the scheduled services if the User does not cancel a scheduled appointment at least 24 hours in advance, unless MedHouseCallnotifiesthe User in writing that a shorter cancellation window applies.

The User acknowledges that their Professional Provider may charge additional fees for letters, notes, forms, and other paperwork including but not limited to sick notes for work, insurance forms, maternity certificates, school/camp forms, fitness club forms, day care notes, jury duty notes, etc.

The User acknowledges and understands that if the Userhas paid the Consultation Fee, there are no refunds.

 4.0 PROFESSIONAL PROVIDERS ARE INDEPENDENT CONTRACTORS

4.1 Relationship of the MedHouseCall and User

This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture.

4.2 Professional Providers and User Relationship

The Professional Providersare not employees of MedHouseCall and are solely independent contractors. The Professional provider is solely responsible for the supervision and direction of the Services provided and shall be responsible for the manner in which the Services are performed, for the method employed in doing the same and for all acts and things done in the performance of the foregoing.

All Professional Providers have their own independent private practice and other than using the MedHouseCall application to receive and respond to User requests and other administrative agency services, are not in any other way associated with MedHouseCall.

MedHouseCall is not responsible for any issues the User may have with respect to the Professional Provider’s conduct, diagnosis, medical treatment, advice or information provided, or any other actions.

The User may be required to enter into a separate contract between them and the Professional Provider who provides the User with a service such as privacy policies or medical service consents.

The User acknowledges and understands that a service is a standalone consultation with a Physician and that the Physician will not follow up after the User’sConsultation.

4.3 Cancellation by Professional Provider

The User acknowledges that even after the Professional provider accepts the User’sConsultationrequest, the Physician may not be able to fulfill such Consultationrequest due to unforeseen circumstances. MedHouseCall makes no representation or warranty to the Userthat any Professional Provider will be available to provide the Userwith a Consultation. The User acknowledge that the User’s Consultation Request may be cancelled at any point in time before the Consultation occurs.

5.0 MEDHOUSECALL RESPONSIBILITIES

5.1 Access to Information

During the term of this Agreement, MEDHOUSECALL shall respond in a timely basis to all reasonable requests by User for relevant information in support of User accessing the MedHouseCall Application hereunder. On reasonable notice, the User may request MEDHOUSECALL to review the MedHouseCall Application in order monitor compliance with User’s obligations under this Agreement and Applicable Laws.

5.2 Software

To the extent applicable in the performance of any Services, MEDHOUSECALL shall provide User with the necessary access to use the Software to perform the Services, subject to the terms and conditions of this Agreement and the applicable terms of use. The User hereby acknowledges and agrees that (i) the Software and the MedHouseCall Application is provided from Canada notwithstanding the location of the User or any User at any time, including during the provision of Professional Services, and (ii) that the MedHouseCall Application is a communication system only.

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, MEDHOUSECALL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. THE SOFTWARE AND THE MEDHOUSECALL APPLICATION IS PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDHOUSECALL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SOFTWARE AND THE MEDHOUSECALL APPLICATION, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

5.3 Location Collection

The User consents to MedHouseCall will collect the precise location of the User’s device when the app is running in the foreground or background. If the User shall label certain locations, such as “home” and “work,” MedHouseCall receive that information.

MedHouseCall includes maps, geocoding, places and other content from Google, Inc. (“Google”) and also allows the Userto select the User’s current location. Because of this, the Usermust also agree to Google’s then current Terms of Use for their Google Maps/Google Earth Product (“Google Terms”), located here: https://www.google.com/intl/en-US_US/help/terms_maps.html. The Google Terms are incorporated within these Terms by reference. By using MEDHOUSECALL, the Useris agreeing to be bound by the Google Terms.

6.0 CONFIDENTIALITY AND NON-DISCLOSURE

6.1 Confidential Information

The User covenants and agrees that User shall not disclose to anyone any Confidential Information or use any Confidential Information provided by MedHouseCall for any purpose.

If the User decides to meet in a public place for the Consultation, the User acknowledges that it would be impossible to preserve any level of privacy, and the User hereby waives any expectations of privacy and confidentiality relating to the User’sConsultation. Even if the Userdecide to meet in a non-public place, maintaining a level of privacy that the User are comfortable with is still the User’s responsibility.

7.0 INDEMNITY AND LIMITATION OF LIABILITY

7.1 Indemnity

The User agrees to defend, indemnify, and hold harmless MedHouseCall, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including attorney’s fees, that arise from the provision of services by the Userin connection with the Application, or any services, information or products from this Application, or any violation of this Agreement. MedHouseCall reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with MedHouseCall in asserting any available defenses

7.2 LIMITATION OF MEDHOUSECALL’S LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL MEDHOUSECALL BE LIABLE TO THE USE OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT THE USER CONNECTS WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF MEDHOUSECALL IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF MEDHOUSECALL FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF MEDHOUSECALL WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.

For greater certainty, but not to limit the above in any manner, in no event will MedHouseCall, it’s respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out:

  • Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence;
  • The User’s access, use or inability to use MedHouseCall or the User’s use of any content on MedHouseCall;
  • Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of MedHouseCall);
  • Any unauthorized access to or use of MedHouseCall’s secure servers and/or any and all information stored therein;
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through MEDHOUSECALL by any third party;
  • Personal injury or property damage, of any nature whatsoever resulting from the User’s use of MedHouseCall or the Services of Professional Providers;
  • Statements, services or conduct of the Physicians or any third party; and
  • Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from registering, enrolling, or participating in MedHouseCall.

7.3Third Party Service Providers

The User acknowledge that some parts of MedHouseCall are reliant on third-party service providers. Because of this the User acknowledge that there may be interruptions in service or events that are beyond MedHouseCall’s control. The User understands and acknowledges that due to circumstances both within and outside of MedHouseCall’s control, MedHouseCall and the User’s access to it may be interrupted, suspended or terminated.

7.4 Waiver of Future Class Action

Except where prohibited by applicable law, the User waives any right the User may have to commence or participate in any class action against MedHouseCall related to any Claim, and where applicable, the User also agrees to opt out of any class proceedings against MedHouseCall.

8.0. GENERAL

8.1 Express Consent

By entering into this Agreement, theUser expressly consents to receiving electronic messages from MEDHOUSECALL which messages shall provide information related to the MedHouseCall Application.  If User wishes to use the MedHouseCall Application on a mobile device, such User further expressly consent to the installation of software (and any updates) required to use the MedHouseCall Application as an application on mobile devices.  Users may contact MEDHOUSECALL at the address, phone number and email located below in order to cancel their consent to receive electronic messages and/or software updates at any time.

8.2 Notices

All notices and communications required or permitted under this Agreement to MedHouseCall will be in writing and will be sent by registered or certified mail, with confirmation of receipt. User may send notices to:

LEADSOPOLIS INC.

219 LARKIN AVENUE

MARKHAM,ONTARIO, L3P 4Y7, CANADA

A notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.The User’s Email Address as documented in the Registration Confirmation. Notices will be deemed to have been given upon the next full business day in the Province of Ontario after being sent.

8.3 Time of the Essence

Time shall be of the essence in the performance of the User’s obligations under this Agreement and of every part thereof, and no extension or variation of this Agreement shall operate as a waiver of this provision.

8.4 Entire Agreement

This Agreement constitutes the entire agreement of the Parties, and no amendment to the terms of this Agreement will be effective unless in writing and signed by both parties hereto. MedHouseCall may at any time revise the terms of this Agreement by updating these terms and by providing notice the User of that change.

8.5 Assignment or Subcontract

This Agreement may not be assigned or subcontracted (in whole or in part) by User, and any assignment or subcontract is void ab initio.

8.6 Force Majeure

MedHouseCallshall not be liable for any delays or failure in performance due to causes beyond its reasonable control, including but not limited to, acts of God, acts of any government, war, natural disasters, strikes, civil disturbance, work refusal, fires, equipment failure or the software or systems of a third party. If such a delay occurs, performance obligations shall be deemed extended for a period equal to the delay.

8.7 Governing Law

The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the province of Ontario with respect to any dispute arising hereunder. This agreement and any sales thereunder shall be deemed to have been made in the province of Ontario and shall be construed and interpreted according to the laws of the province of Ontario and the applicable laws of Canada. MedHouseCall and the User expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.

8.8 Severability

The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.

8.9Waiver

The failure of MedHouseCall to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of MedHouseCall’s right to assert or rely upon any such provisions.

8.10 Survival

The terms and conditions of Section 6.0 (CONFIDENTIALITY AND NON-DISCLOSURE), Section 7.0(INDEMNITY AND LIMITATION OF LIABILITY) and Section 8.0 (GENERAL), as well as any indemnity specified in this Agreement, will survive any termination of this Agreement.