Terms of service.
Last updated: April 4, 2024
The Circumcision Clinic’s websites, http://www.thecircumcisionclinic.ca/, www.TorontoCircumcision.com, and TorontoBris.org, applications, or other online resources provided by The Circumcision Clinic (collectively, the “Website”) provides services (the “Services”) connecting physicians, nurses and other healthcare professionals (the “Healthcare Professionals”) with members of the public (together with the Healthcare Professionals referred to as the “Users”). The Website contains profiles for Healthcare Professionals, including practice descriptions, qualifications and other information. Members of the public can view the Healthcare Professionals’ profiles and schedule consultations and/or procedures through the Website.
By accessing or using the Website, each User agrees to comply with and be legally bound by the terms and conditions stated herein, together with The Circumcision Clinic’s Privacy Policy, available at http://www.thecircumcisionclinic.ca/privacy and incorporated herein by reference (the “Terms”), as amended in the sole discretion of The Circumcision Clinic and published on the Website from time to time. These Terms govern the access to and use of the Website and Services.
Each User hereby acknowledges and agrees that by accessing and using the Website, the User shall be deemed to have read, fully understand, agree to be legally bound by, and comply with the terms contained herein. If a User does not agree to comply with and be legally bound by these Terms, the User must immediately cease using the Website and/or Services.
Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM.
The Services provided by The Circumcision Clinic and the Website are not applicable or appropriate for an emergency. In the event of an emergency, call 911 or go to your nearest hospital emergency room.
Eligibility to Use the Website and the Services
You must be at least 18 years of age to use the Services. If a User is between the ages of 16 and 18, the Services may only be used in conjunction with, and under the supervision of, a parent or guardian who has agreed to these Terms. A parent or legal guardian of a child under the age of 18 may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, the User represents and warrants that they are the parent or legal guardian of such child.
Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
By using the Website and/or the Services, each User representants and warrants that they have the right, authority, and capacity to abide by all of the Terms.
All Users acknowledge and agree that the Services are only available to Users who are Canadian residents.
Consent for Electronic Communications
Each User hereby consents to the exchange of information and documents between the User, The Circumcision Clinic, a Healthcare Professional selected by the User over the internet or by email. Each User hereby agrees and consents to receive all notices, prescriptions, disclosures, agreements and other communications from the Circumcision Clinic or the User’s Healthcare Professional through electronic means, and receipt of such communications by electronic means shall be deemed to satisfy any legal requirements that such communications be in writing. The User may withdraw consent to any electronic communications, however such withdrawal of consent shall not have retroactive effect and does not affect any communications prior to the withdrawal of consent. The User further acknowledges and agrees that any withdrawal of consent to electronic communications will limit the ability of the Circumcision Clinic to provide the Services and the ability of the User to access certain functions of the Website.
Right to Modify
The Circumcision Clinic reserves the right, at its sole discretion, to modify the Terms, the Privacy Policy, the Website, or any Services at any time and without prior notice. If the Terms are modified or amended, the “Last Updated” date at the top of the Terms will be updated. Users are responsible for regularly reviewing the Terms. The User hereby acknowledges and agrees that by continuing to access or use the Website or Services after a modification to the Terms has been made, the User shall be deemed to agree to comply with and be legally bound by the modified Terms. If the modified Terms are not acceptable, the User must immediately cease using the Website and Services.
Disclaimer of Liability
THE SERVICES ARE OFFERED FOR INFORMATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE MEDICAL ADVICE, MEDICAL CARE, OR A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE CIRCUMCISION CLINIC DOES NOT OFFER OR GIVE MEDICAL ADVICE, DIAGNOSTIC SERVICES, OR MEDICAL TREATMENT. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES.
ANY SERVICES OBTAINED BY A USER THROUGH THE WEBSITE SHALL BE USED AT SUCH USER’S OWN RISK.
EACH USER ACKNOWLEDGES AND AGREES THAT THE HEALTHCARE PROFESSIONAL, INCLUDING ALL INFORMATION, ADVISE OR CARE THEY PROVIDE, ARE INDEPDENT FROM THE CIRCUMCISION CLINIC AND THE HEALTHCARE PROFESSIONAL SHALL BE SOLELY RESPONSIBLE FOR ALL MEDICAL INTERACTIONS WITH MEMBERS OF THE PUBLIC.
EACH USER ACKNOWELDGES AND AGREES THAT THE CIRCUMCISION CLINIC SHALL HAVE NO LIABILITY WHATSOEVER HOWEVER ARISING UNDER ANY THEORY OF LAW FOR ANY INFORMATION, SERVICE, ADVICE, CARE, RESULT OR LACK OF RESULT FROM SUCH ADVICE OR CARE OBTAINED FROM ANY HEALTHCARE PROFESSIONAL TO WHOM MEMBERS OF THE PUBLIC ARE CONNECTED THROUGH THE WEBSITE.
The Users acknowledge and agree that the Healthcare Professionals are solely responsible for their interactions with Users and for any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by a member of the public as a result of their interactions with or visits to any such Healthcare Professional. Each User agrees not to impose or attempt to impose liability on or seek any legal remedy from The Circumcision Clinic with respect to any and all such Claims.
The User acknowledges and agrees that The Circumcision Clinic is not responsible for any content posted to the Website by a Healthcare Professional or a User, or any information or content communicated between a Healthcare Professional and a User using the Website.
The User acknowledges and agrees that the Services do not replace an in-person assessment with a licensed qualified healthcare professional. You should never rely on or make health or well-being decisions solely on use of the Website. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you received through the Website. Users should exercise a high level of care and caution in the use of the Website.
THE CIRCUMCUSION CLINIC SHALL NOT BE RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THE WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. ANY RELIANCE ON THE CONTENT OR INFORMATION ON THE WEBSITE SHALL BE AT THE USER’S OWN RISK. THE CIRCUMCISION CLINIC DOES NOT GUARANTEE THE AUTHENTICITY OR ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE, INCLUDING INFORMATION REGARDING THE QUALIFICATIONS OF HEALTHCARE PROFESSIONALS, SUCH AS THEIR DEGREES, LICENSES, CERTIFICATIONS, CREDENTIALS, OR BACKGROUND. THE CIRCUMCISION CLINIC DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR HEALTHCARE PROFESSIONAL, NOR DOES IT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY OF THE SERVICES ANY HEALTHCARE PROFESSIONAL MAY PROVIDE.
Users should investigate Healthcare Professionals thoroughly before contacting them, by reviewing public listing register for the applicable licensing authorities to verify listed credentials, education, and insurance coverage, and to further verify information about a particular Healthcare Professional. Users hereby acknowledge and agree that, notwithstanding the User’s use of the Services, the ultimate decision to engage the services of a Healthcare Professional remains solely with the User, and each User hereby agrees to assume any risk inherent in utilizing the Services and/or deciding to actually engage with, and use the services of, any Healthcare Professional listed on the Website.
The Circumcision Clinic has no control over and cannot guarantee the availability of any Healthcare Professional on any particular date or at any particular time. The Circumcision Clinic will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. We are not responsible for the functionality of any Healthcare Professional’s personal website, or a Healthcare Professional’s availability to respond to any form of communication, including, without limitation, email messages and phone messages.
Registration and User Information
Each User is required to complete an online registration form or enter information into data fields to access certain portions of the Website. Users agree to provide true, current, complete, and accurate information. Each User agrees to update their information as soon as possible if such information changes.
Each Healthcare Professional shall provide the Circumcisions Clinic with all information required to create an online profile, including their name, educational background, credentials, and professional statement. Each Healthcare Professional agrees to notify the Circumcision Clinic as soon as possible if there is a change to their information. The Healthcare Professionals’ profiles will be made publicly available on the Website.
Users understand and agree that their participation or use of the Website and Services may be terminated without warning if The Circumcision Clinic believes that any information provided is inaccurate or untrue.
Security of your Account
Users are solely responsible for ensuring the security and confidentiality of all password(s) and agree to not share or disclose password(s) with anyone at any time. Users agree to prevent unauthorized access to or use of the Services and to notify The Circumcision Clinic promptly of any such unauthorized use. To report any unauthorized use, contact The Circumcision Clinic by e-mail at: Admin@TheCircumcisionClinic.ca.
Users agree to immediately notify The Circumcision Clinic upon discovering any issue or problem that may pose a risk to the security or use of the Services by e-mail at: Admin@TheCircumcisionClinic.ca.
Personal Information and Privacy
To use all the features of the Website and the Services, such as messaging or booking consultations with Healthcare Professionals, Users will be required to provide Personal Information (as such term is defined in the Privacy Policy), such as first and last name, email address, phone number. Personal Information Users will only be disclosed to The Circumcision Clinic and the selected Healthcare Professional. Users understand that messaging and booking consultations through the Website may be sent by email or other insecure means of electronic communication. Users hereby agree to assume any risk associated with the use of the Website and the Services.
Each User acknowledges and confirms that they have reviewed and agree to the terms of the Privacy Policy.
Linking
The Circumcision Clinic may offer links on the Website to third-party sites, including social networking websites and government resources, which are owned and operated by third parties. Such links and sites are provided as a convenience to Users. The Circumcision Clinic does not review or endorse the content of such links and sites. The Circumcision Clinic is not responsible for any content, advertising, products, services or other materials on or available from such third-party links or sites. Users assume full responsibility for use of third-party links and sites. Such links and sites are governed by their respective terms and conditions and privacy policies. Users are encouraged to review the terms and conditions and privacy policies of those third-parties links and sites before using them.
Content standards
Users agree that all information and content publicly posted or uploaded by a User to the Website (the “Content”) including personal information, feedback, and reviews shall comply with all applicable federal, provincial, municipal and international laws and regulations. Additionally, without limiting the foregoing, Users agree that they shall not post of upload Content which
a) contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
b) is or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
c) infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
d) violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy;
e) is or could be deceptive to any person;
f) promotes any illegal activity, or advocates, promotes or assists any unlawful act;
g) causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person;
h) impersonates any person, or misrepresents the User’s or any other person’s identity or affiliation with any person or organization;
i) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
j) gives the impression that they affiliated or in partnership with or are endorsed by The Circumcision Clinic or any other person or entity if it us untrue.
Users acknowledge and agree that The Circumcision Clinic may, in its sole discretion, remove Content if it believes that the Content violates any of the foregoing conditions or the Content is otherwise harmful to The Circumcision Clinic or any other person or entity.
Users acknowledge and agree that by posting or uploading Content to the Website, such User grants The Circumcision Clinic an irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to use, view, copy, adapt, modify, distribute, licence, transfer, or otherwise access such Content. The Circumcision Clinic represents and warrants that all collection, use, and disclosure of Content under such licence will be effected in accordance with the Privacy Policy and Canadian privacy legislation.
Termination
The Circumcision Clinic may suspend a User’s ability to use all or any portion of the Website and Services or may terminate a User’s participation on the Website or use of the Services at any time, without providing any notice or explanation. Without limiting the foregoing, The Circumcision Clinic may suspend or terminate a User’s use and access of the Website and the Services if the Circumcision Clinic believes such User to be in violation of terms contained herein. The Circumcision Clinic shall not be liable to you for any termination of your access to the Website or the Services.
A User may cancel their profile at any time by sending an email to Admin@TheCircumcisionClinic.ca. Please note that, notwithstanding the deletion of a profile, The Circumcision Clinic has no obligation to delete or return any Content which was previously posted or submitted through the Website.
Disclaimer/Limitation of liability
ERRORS AND/OR OMISSIONS MAY OCCUR DESPITE OUR BEST EFFORTS TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE. AS SUCH, THE WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY ERRORS AND/OR OMISSIONS. THE CIRCUMCISION CLINIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE CIRCUMCISION CLINIC SHALL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS OF ANY COMMUNICATION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE CIRCUMCISION CLINIC.
THE CIRCUMCISION CLINIC IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY HEALTHCARE PROFFESIONAL LISTED ON THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE SERVICES OR THE WEBSITE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.
Miscellaneous
Governing law and jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein. Any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto in the Province of Ontario.
Severability. If any provision of the present Terms of Service shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Entire agreement. These Terms of Service, the Privacy Policy and any and all other legal notices or statements posted on the Website constitute the entire agreement between the Users and The Circumcision Clinic with respect to the use of the Website.
Dispute resolution. Any and all disputes, demands, claims, or causes of action (including the interpretation and scope of this clause) between a User and The Circumcision Clinic or their successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Arbitration Act, 1991, SO 1991. The arbitration shall be conducted before one arbitrator with substantial experience in resolving commercial contract disputes and duly certified by the Canadian Arbitration Association. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration shall be conducted pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc., in the English language, in which the decision of the arbitrator(s) shall be conclusively deemed to determine the rights and liabilities between the parties to the arbitration in respect of the matter in dispute. There shall be no appeal from the award of the arbitrator made in accordance with the provisions of this section.
Waiver. The failure by The Circumcision Clinic to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of The Circumcision Clinic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Force Majeure. The Circumcision Clinic will not be deemed to be in breach of the terms of this Agreement or liable for any breach of the terms of the Agreement or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, invasion, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
Contact. This Website is operated by The Circumcision Clinic. If you have any questions about these Terms or if you wish to report a problem regarding the Website or a Healthcare Professional listed on the Website, please contact Admin@TheCircumcisionClinic.ca.