TERMS OF USE – PATIENT REQUEST FORM
1. Terms and User Acknowledgement
This Agreement governs the request (a “Request”) for medical records (the “Records”) from MedRecords using the www.medrecords.ca website (the “Website”). This Agreement forms part of the Terms of Use for the Website. Please read this Agreement carefully. By completing a Request with MedRecords you are agreeing to the terms of this Agreement.
2. REQUEST FORM
2.1. To complete the Request form for yourself, or on behalf of someone for whom you are a legal guardian, you must provide:
(a) Patient’s full legal name, or the name that is associated with the medical records;
(b) Patient’s date of birth;
(c) Contact information, including a mailing address, phone number and email address; and Credit card information
(“Personal Information”).
It is your responsibility to ensure that the Personal Information provided in the Request is current, accurate, and consistent. MedRecords is not liable for failing to find or deliver Records if you have not provided current, accurate, and/or consistent Personal Information.
2.2. Patients sixteen (16) years of age and older must provide consent for the release of their own Records. Please do not complete this form on behalf of a patient over the age of sixteen (16) unless you are authorized to do so by law.
2.3. MedRecords cannot and will not release partial Records. For greater certainty, all Requests will be made and authorization forms will be provided in relation to full medical records.
3. DELIVERY AND SHIPPING
3.1. You may choose to have your Records delivered to you on a USB by Canada Post or electronically delivered directly to your clinic through rosenbridge.ca.
3.2. Once the Records are sent through rosenbridge.ca, your clinic have 14 days to download the Records before the transfer expires.
3.3. MedRecords is not responsible if your clinic does not accept the Records from Canada Post or if your clinic lets the rosenbridge.ca transfer expire.
3.4. MedRecords is not responsible for Records that are damaged, lost or stolen during shipping.
4. FEES AND PAYMENT
4.1. MedRecords will charge a delivery and shipping fee depending on the quantity, the type of records, and the method of shipping selected.
4.2. If you would like to receive a personal copy on a rush basis, MedRecords can ship a USB to your home address for an additional $75.00 per requested Record.
4.3. If the request is to be delivered electronically, each transfer incurs an additional $5.00 shipping fee. If the request is to be shipped through Canada Post, all associated shipping fees will be applied to your invoice.
4.4. Following the submission of a Request, MedRecords will conduct a search for your Records. If the Records are found, MedRecords will total and invoice you the delivery and shipping fee, additional services, and any applicable taxes (the “Total Fee”).
4.5. MedRecords cannot guarantee a set Total Fee, and the Total Fee may be different for each user of the Website.
4.6. If you provided credit card information with your Request, the invoiced amount will be billed automatically to your credit card. If you did not provide credit card information, you may pay by cheque, according to the instructions on the invoice. The invoice must be paid before MedRecords will deliver your Records.
4.7. If the Total Fee is not paid within thirty (30) days of the date of the invoice, MedRecords reserves the right to charge interest at the prevailing rate and the total amount due shall be billed to the credit card on file, if there is one.
5. CANCELLATION
5.1. You may not cancel a fulfilled Request. A Request is fulfilled once the Records have been shipped from MedRecords, whether or not they have arrived at their destination.
5.2. You may cancel any unfulfilled Request within twenty-four (24) hours of the time the Request was made and you will not be charged any fees.
5.3. Following the initial twenty-four (24) hour period, you may cancel an unfulfilled Request and you will receive a refund of 40% of the Total Fee. For greater certainty, after twenty-four (24) hours of the time the Request was made, you may cancel a Request that has not been shipped but you will still be responsible for 60% of the Total Fee.
6. NO GUARANTEE
6.1. MedRecords does not guarantee that it will be able to find your Records, or any portion of them, and is not responsible for any Records that are lost, incomplete or otherwise insufficient.
6.2. MedRecords does not guarantee that your Records may be provided within a certain timeframe. If you need your Records for a particular date, you should submit a Request as far in advance as possible.
7. INDEMNIFICATION
7.1. MedRecords has access only to those Records that have been provided by physicians. MedRecords is not responsible for any loss, damage, cost or expense that you may suffer relating to the inability to obtain, or insufficiency of, your Records.
8. ASSIGNMENT
8.1. You do not have the right to assign your rights under this Agreement. MedRecords has the right to assign any or all of its rights and obligations under this Agreement or to the Website to any third party. Provided such rights and obligations are assumed by such third party, MedRecords shall be relieved of any and all liability under this Agreement and in such event you hereby agree to release MedRecords of all liability, claims, charges, damages and causes of action.
9. ENTIRE AGREEMENT
9.1 This Agreement, the Terms of Use and Privacy Policy together from the entire agreement between us and supersede any previous understanding or agreement among the parties with respect to the subject matter herein.