Terms of Use
Effective Date: July 31, 2024
Last updated: July 31, 2024
1. Introduction and Acceptance
Please read these terms and conditions carefully before using Our Service. These Terms and Conditions govern your use of rmaphysicians.ca, the Applications and Services available through it, including RMA Billing rmabilling.ca (the ‘Websites’). By using the Websites, you accept and agree to these conditions. Do not use these Websites if you do not agree with these Terms and Conditions.
rmaphysicians.ca is a service of Regional Medical Associates (hereafter, “RMA”, “we”, “us”, or “our”). As used herein, all references to “RMA” mean RMA and its related or affiliated entities, and their respective directors, officers, representatives, employees, consultants, agents, service providers, suppliers and licensors.
2. Interpretation and Definitions
Interpretation
The words listed below have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Applications means the software program customized and configured by RMA used or downloaded by you on any electronic device;
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Applications have been downloaded;
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to Canada;
Company (also referred to as either “RMA”, “We”, “Us” or “Our” in this Agreement) refers to Regional Medical Associates;
Device means any device that can access the Services such as a computer, a cellphone or a digital tablet;
Services refer to the Websites, Applications or both;
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and RMA regarding the use of the Services.
Websites refers to rmaphysicians.ca and rmabilling.ca
You means the individual accessing or using the Services, or RMA, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
3. Acknowledgement
These are the Terms and Conditions governing the use of the Services and the agreement that operates between you and RMA. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services. By using these Websites, you agree that these Terms and Conditions are reasonable. Do not use the Websites if you think that these Terms of Use are unreasonable.
Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Privacy Policy of RMA. Our Privacy Policy describes practices and procedures on the collection, use and disclosure of your personal information (PI) when you use the Applications or the Websites and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Services.
4. Links to Other Websites
Some hyperlinks (“link(s)”) on the Websites will connect the user to external domains/websites. Except explicitly stated as an RMA Service, such linked websites are independent from RMA and the existence of any link shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by RMA of any such site/domain or entity, or its respective information, publications, products or services.
RMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites or services. You further acknowledge and agree that RMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
5. Limitation of Liability
Subject to applicable law, in no event shall RMA, its officers, partners, employees, consultants, agents, or licensors be liable for damages of any kind – including any special, incidental, indirect, or consequential damages whatsoever. This includes, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms and Conditions), even if RMA or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
6. No Warranties "AS IS" and "AS AVAILABLE" Disclaimer
The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. RMA, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Applications and Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, RMA provides no warranty or undertaking, and makes no representation of any kind that the Applications and/or Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
While RMA endeavours to provide content, Applications and Services that are correct, accurate and timely, no representations or warranties are made regarding the Websites and/or the Applications and Services including, without limitation, no representation or warranty, express or implied: (i) as to the operation or availability of the Applications or Services, or the information, content, and materials or products included thereon; (ii) that the Applications or Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Applications or Services; or (iv) that the Applications and Services, its servers, the content, or communications sent from or on behalf of RMA are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Nothing on these Websites constitutes, or is meant to constitute, advice of any kind – including, but not limited to, legal, medical, or financial advice. Never disregard professional advice or delay in seeking professional advice because of something you have read on these Websites.
7. Governing Law
The laws of the Province of Ontario, Canada, and the laws of Canada applicable therein shall govern these Terms and Conditions and your use of the Applications and Services. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto.
8. Disputes Resolution
If you have any concern or dispute about the Applications or Services, you agree to first try to resolve the dispute informally by contacting RMA.
9. Severability
If any provision of these Terms and Conditions shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
10. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
11. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold RMA harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising from:
- any material breach of these Terms and Conditions by you;
- your use or misuse of the Websites, the content, or any Applications or Service available through the Websites; and
- content submitted by you and its inclusion on the Websites.
12. Security
You recognize and agree that:
- The internet is not a secure medium. Accordingly, the privacy of your communications, the privacy of your visits to these Websites, and the privacy of your use of content cannot be guaranteed.
- The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; the Websites and the content may include incomplete information, inaccuracies or typographical errors; and RMA and any other party involved in the management of the Websites may make changes to the Websites and the content thereof at any time without notice.
13. Registration
To initiate using RMA Services, including without limitation, to use the Websites or any of the RMA Applications, you will be asked to provide information on a standard form. You agree to provide true, current, complete and accurate information as requested on any form to which RMA might direct you, and to inform RMA of any information changes as soon as possible.
14. Survival
All the provisions of these Terms and Conditions (and any documents incorporated by reference) that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of your use of the Services and notwithstanding such termination, you agree to remain bound by these Terms and Conditions.
15. Changes and Termination
We reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice. Further, RMA reserves the right to change these Terms and Conditions at any time and to notify you by posting an updated version of the Terms and Conditions on the Websites. You are responsible for regularly reviewing the Terms and Conditions including, without limitation, by checking the date of “Last Update” at the top of this document. Continued use of the Websites after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Websites constituting consideration from RMA to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms and Conditions, (2) any policy or practice of RMA in operating the Websites or (3) any content or services available through the Websites, is to stop visiting and using the Websites.
If you have any questions or comments regarding these Terms and Conditions, please contact us at support@rmaphysicians.ca.