Do not use the Website for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 (or the applicable local emergency number) immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on the Website.
No physician-patient relationship
The presentation of Content on the Website does not establish a physician-patient relationship between you (or someone else) and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians).
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, business, or other information that appears or that may be advertised on the Website.
Due to the inherently non-secure nature of e-mail communication, the Owner does not wish to use this Website as a means of communication with the public or patients (i) regarding questions or issues of a medical nature; (ii) to establish physician/patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services or similar matters. E-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact the Owner or its physicians regarding medical questions or issues or with regard to appointments, accounts or other questions please do so by telephone, fax or regular mail in the manner set out in the Website.
Disclaimer of warranties
The Website and the Content are provided “AS IS”. While the Owner endeavours to provide Content that is correct, accurate, current and timely, the Owner makes no representations, warranties, conditions or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, condition or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose, (ii) the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (v) that the Website will be free from viruses or harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user, advertiser or sponsor of the Website (“Third-Party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any Third-Party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
You agree to indemnify, defend and hold harmless the Owner and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any Website to which the Website is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Website.
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Website and the Content for your personal, noncommercial use in Canada. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a specific licence governing specific Content and this Agreement, the terms of the specific licence shall govern.
Bayswater Family Practice is trademarks of the Owner. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Owner and the owner of the trademark or to imply that the Owner endorses the products, services, procedures, business or other information of the owner of the said trademark.
The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless expressly stated, the Owner does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, condition or covenant of any kind regarding any third-party Website or the content thereof including, without limitation, (i) any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites, or (iii) that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
While the Owner encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the Owner, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. The Owner reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the Owner.
Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.
Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Website.
Modification to Website
The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
The Website is operated by the Owner from its offices within the Province or Territory British Columbia, Canada. The doctors of Bayswater Family Practice: Drs. Colleen Kirkham, Stephen Kurdyak, Roberta Pauls, Diana Barrigar and Vivian Paul are licensed by the College of Physicians and Surgeons of British Columbia to practise medicine in British Columbia. You agree that all matters relating to your access, or use of the Website and its Content shall be governed by the laws of the Province or Territory of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of British Columbia with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the Province of British Columbia and of Canada.
Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Questions or comments regarding the Website should be directed by e-mail to firstname.lastname@example.org
The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.
This is the entire Agreement between you and the Owner relating to your access and use of the Website and Content.