TERMS OF USE – THIRD PARTY REQUESTS

1. TERMS AND USER ACKNOWLEDGEMENT

1.1. 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 on the Website you are agreeing to the terms of this Agreement.

2. REQUEST FORM

2.1. In order to request the Records of a third party, you must be authorized to do so, by way of one of the following:

a. Letter of Authorization;
b. Release of Information Form;
c. Power of Attorney;
d. Court Order; or
e. Any other legal document granting you the authority to request the Records

(“Authorization Forms”).

A copy of the relevant Authorization Form must be provided before we will release the Records.

2.2. Patients sixteen (16) years of age and older must provide consent for the release of their own Records. We will not accept any of the above Authorization Forms that have been signed by a parent or guardian for a person over the age of sixteen (16).

2.3. MedRecords cannot and will not release partial Records. For greater certainty, all Requests will be made and authorization provided in relation to full medical records.

3. DELIVERY AND SHIPPING

3.1. The Records will be stored on a USB and delivered via Canada Post.

3.2. If you are registered for an account on rosenbridge.ca (the “App”) and have agreed to its terms and conditions, MedRecords may choose to electronically deliver the Records directly to you through the App.

4. FEES AND PAYMENT

4.1. You will pay a non-refundable request fee to submit the Request to MedRecords. This fee will not be refunded for any reason, including, without limitation, if a Request is cancelled or if no Records are found.

4.2. If MedRecords locates Records in relation to your Request, you will pay a non-refundable record fee to receive the Records.

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 delivered through Canada Post, you will be responsible for all shipping fees associated with fulfilling your Request.

4.4. Records will not be delivered until applicable fees under this Agreement have been paid in full.

4.5. If you fail to remit payment within 30 days from when any fees under this agreement become payable, you will be charged a late fee.

5. NO GUARANTEE

5.1. MedRecords does not guarantee that it will be able to find the Records, or any portion of them, and is not responsible for any Records that are lost, incomplete or otherwise insufficient.

5.2. MedRecords does not guarantee that the Records may be provided within a certain timeframe. If you need the Records for a particular date, you should submit a Request as far in advance as possible.

6. INDEMNIFICATION

6.1 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, the Records.

7. ASSIGNMENT

7.1 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.

8. ENTIRE AGREEMENT

8.1 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.