Support l’Actuel Foundation
Patient portal

TERMS OF USE OF THE WEBSITE

Effective date: September 22, 2023
Last update: September 22, 2023

L’Actuel welcomes you to its Website!

1. ACCEPTANCE OF TERMS OF USE

This is an agreement between CLINIQUE MÉDICALE L’ACTUEL (“l’Actuel”), owner and operator of the website accessible at the address www.cliniquelactuel.com (the “Website”), and you, a user of the Website (“you”). By using the Website, you acknowledge and agree to the terms of use (the “Terms of Use”) as well as l’Actuel’s privacy policy, which can be consulted at the address www.cliniquelactuel.com/privacy. If you do not accept any of these terms, you must refrain from using the Website.

2. MODIFICATION OF TERMS OF USE

  1. 2.1 Right to modify the Terms of Use. L’Actuel reserves the right, at its sole discretion, to modify the Terms of Use (the “Modified Terms”) from time to time.
  2. 2.2 Notice of modification of Terms of Use. Unless l’Actuel makes a change for legal or administrative reasons, l’Actuel will provide reasonable notice before the Modified Terms come into force. You agree that l’Actuel can inform you of modifications made to the Terms of Use by posting them on the Website.
  3. 2.3 Acceptance of Modified Terms. Your use of the Website after the effective date of the Modified Terms constitutes your acceptance of these Modified Terms. You should review the Terms of Use and the Modified Terms before using the Website.
  4. 2.4 Effective date of the Modified Terms. The Modified Terms will come into effect as soon as they are posted or at any later date that may be specified in the Modified Terms, and will apply to your use of the Website from that moment onward.

3. USE OF THE WEBSITE

  1. 3.1 Access and use. For the duration of this agreement, l’Actuel grants you a limited, nonexclusive, and nontransferable right to access and use the Website for your personal, noncommercial use in accordance with the Terms of Use.
  2. 3.2 User conduct. You may not engage in the following prohibited activities:
    • Copying, distributing, or disclosing any part of the Website in any medium, including through web scraping tools or techniques, whether automated or not.
    • Using automated systems, including crawlers and offline readers, to access the Website.
    • Transmitting spam, chain letters, or any other form of unsolicited email.
    • Attempting to interfere with the Website’s servers, compromise the integrity or security of their systems, or decrypt transmissions addressed to or coming from them.
    • Taking any action that, at our sole discretion, imposes or risks imposing an unreasonable or disproportionately heavy load on the Website’s infrastructure.
    • Uploading invalid data, viruses, worms, or other malicious software through the Website.
    • Collecting, extracting, or harvesting information from the Website that could be used to identify individuals.
    • Using the Website for commercial solicitation.
    • Usurping someone’s identity or otherwise misrepresenting your affiliation with a person or entity, committing fraud, or concealing your identity.
    • Interfering with the proper functioning of the Website.
    • Accessing any content on the Website using means or technologies other than those provided and authorized by the Website.
    • Circumventing any measures that l’Actuel may use to prevent or restrict access to the Website, including features that prevent or restrict the use or copying of content or impose limits on how content can be used.

4. INTELLECTUAL PROPERTY

  1. 4.1 Trademarks. All trademarks (including words, expressions, and logos) used by l’Actuel to distinguish its own products or services advertised or promoted on the Website are the property of l’Actuel or used under license. l’Actuel’s trade names and logos are trademarks of l’Actuel and may not be used, reproduced, or imitated, in whole or in part, without prior written consent from l’Actuel.
  2. 4.2 Copyright. All original works reproduced and posted on the Website are protected by copyright. The copyright holder reserves all related rights. You acknowledge that it is a violation for anyone to perform any act that, under applicable laws, only the copyright holder is entitled to perform, without the copyright holder’s consent.
  3. 4.3 Other rights. This Website, or any part of it, may be protected by industrial designs or patents. L’Actuel reserves all rights pertaining to the Website that are not expressly granted. You agree not to use, copy, or distribute any part of the content except as authorized.

5. CONTENT OF THE WEBSITE

  1. 5.1 Content ownership. You retain ownership of all content you upload to the Website.
  2. 5.2 Content license. When submitting content to the Website, you grant l’Actuel a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, assignable, and transferable license that allows it to perform any act that, under applicable laws, you alone would otherwise have the right to perform, including the right to authorize others with respect to this content, subject to l’Actuel’s privacy policy.
  3. 5.3 Personal information. To learn how l’Actuel may collect, use, and share personal information, please consult l’Actuel’s privacy policy.
  4. 5.4Content provided by third parties. Through the Website, you may have access to and/or use content provided by third parties. L’Actuel cannot guarantee that such content will be free of any material that you may find objectionable.
  5. L’Actuel does not verify or control the reliability, relevance or accuracy of any information or material transmitted by users of the website, its sponsors or its partners, nor does it endorse, in particular, any remarks, diagnoses or opinions contained in material or works transmitted by users of the website or published on the website.
  6. L’Actuel assumes no responsibility for the content of the documents, errors or omissions in the information or other documents recommended or linked to the website.

    L’Actuel makes no warranties or representations, express or implied, as to the suitability of the content for any purpose, the use to which this Web site is put, or the content of any Internet site linked to this Web site. L’Actuel makes no representations about the accuracy or completeness of any claims, assertions or information on this Web site or any Internet site to which it may be linked and disclaims all liability related to your access or use of content provided by third parties.

  7. 5.5 Hyperlinks. The Website may contain hyperlinks to third-party sites or resources. You acknowledge and agree that l’Actuel is not responsible for the availability or accuracy of these sites or resources, or for their content or for products and services offered through them. Hyperlinks to such sites or resources do not imply endorsement by l’Actuel. You acknowledge that you are solely responsible for, and assume all risks arising from your use of, those sites or resources.
  8. 5.6 References to products, services, and programs. This Website is accessible worldwide and may contain references to l’Actuel products, services, or programs not available in your country. These references do not imply that l’Actuel intends to make these products, services, or programs available worldwide.

6. DISCLAIMER

This Website is provided ‘as is,’ without any warranties of any kind. To the extent permitted by law, l’Actuel disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, error-free operation, suitability of content, and availability.

L’Actuel assumes no responsibility for any temporary or prolonged interruption of the Website. L’Actuel may suspend access to the Website at any time, either temporarily or otherwise, for the purpose of updating, modifying, correcting, improving, or changing the equipment used to provide access to the Website.

7. LIMITATION OF LIABILITY

To the extent permitted by law, l’Actuel shall not be liable for any direct or indirect damages, or for any other type of damage, including but not limited to loss of use, loss of profits, or loss of data, whether arising from a contractual, extra-contractual, or other claim, that results from or is in any way connected to your use or inability to use the Website. This includes damages caused by or arising from the user’s reliance on information obtained from the Website, or resulting from errors, omissions, interruptions, deletion of files or emails, mistakes, defects, viruses, delays in operation or transmission, or any other performance shortcomings.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless l’Actuel, its affiliates and related companies, as well as their officers, directors, employees, contractors, and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees and costs), as well as all amounts paid in settlement, arising from or related to your use of the Website. l’Actuel may assume exclusive defense and control over any matter for which users have agreed to indemnify it, and you agree to assist and cooperate with l’Actuel in the defense or settlement of any dispute.

9. TERMINATION

  1. 9.1 Termination with notice. Either party may terminate this agreement at any time by giving notice to the other.
  2. 9.2 Termination by l’Actuel. L’Actuel may terminate or suspend your access to the Website immediately, without notice and without liability, for any reason, including breach of this agreement.
  3. 9.3 Effect of termination. Once your access to, or ability to use, the Website is revoked, your right to use or access the Website will immediately cease. However, your right to receive health and social services will not be affected by your decision not to consent to the Website’s Terms of Use.
  4. 9.4 Survival of provisions. “The provisions of this agreement that, by their nature, should survive termination will remain in effect, including those related to ownership, disclaimers of warranties, and limitations of liability. Termination of your access to or use of the Website does not relieve you of any obligations incurred prior to termination, nor does it limit any liability you may have towards l’Actuel or any third-party.

10. DISPUTE

  1. 10.1 Claims procedure. For any dispute you may have with l’Actuel arising from, in connection with, or related to this agreement, you agree, in the first instance, to contact l’Actuel and attempt to resolve the dispute informally. If l’Actuel is unable to resolve the dispute informally, both parties agree to resolve the dispute by first resorting to mediation in accordance with the provisions of articles 605 and following of the Code of Civil Procedure (Quebec), unless mediation (i) is not initiated by either party within ten (10) days of the expiration of the time limit indicated in a notice of default sent by one party to the other, or (ii) is not resolved amicably within twenty (20) days of the start of mediation. If mediation fails to result in an amicable agreement, the dispute will then be resolved by binding arbitration in the City of Montreal, unless you and l’Actuel agree otherwise, in accordance with the provisions of articles 620 and following of the Code of Civil Procedure, except in cases where applicable laws prohibit referral to arbitration or restrict a consumer’s right to go to court.
  2. 10.2 Class action. Except in circumstances where applicable law prohibits restrictions on a party’s right to bring a class action, all claims must be brought by the parties on their own behalf and not as plaintiffs or class members in any representative action or class action. Unless the parties agree otherwise, an arbitrator may not consolidate the claims of more than one person.
  3. 10.3 Injunction. Nothing in this section prevents the parties from seeking interim relief or protective measures, such as an injunction or any other measure deemed fair, from a court of competent jurisdiction before or during arbitration proceedings.

11. APPLICABLE LAWS

This agreement is governed by and construed in accordance with the laws of the province of Quebec, without regard to its conflict of law principles.