Secure Messaging

Terms and Conditions for Services

DSG Secure Messaging Inc. - Terms of Use

Last Updated: May 24th, 2021

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the dsgsecure.com website (the "Site") operated by DSG Secure Messaging Inc. (“DSG” "us", "we", or "our").

Your access to and use of the Site and the services made available by DSG through the Site (collectively “the Services”) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to you and all visitors, users and others who access or use the Services.

By using the Site and the Services you acknowledge that you have read, understand, accept and agree to be legally bound by these Terms. If you disagree with or do not accept any part of the Terms then you may not sign up for, access or use the Services. DSG reserves the right in its sole discretion to modify or update the Terms of Use at any time. When we do, we will revise the last updated date at the top of this page.

Your continued use of the Site following the posting of changes to these Terms will be deemed your acceptance of those changes.

You acknowledge and agree that it is your responsibility to review the Site periodically and become aware of any changes. You may only use the Site for purposes that are expressly permitted on the Site.

Description of Services

The Services include the provision of a private, encrypted online messaging and uninsured services billing platform (“DSG Secure”) for healthcare providers who have registered with DSG ("Healthcare Provider(s)”) to communicate online in a secure environment with their patients who are registered with DSG (“Patients”). In this context, DSG’s responsibilities are limited to facilitating the availability of and providing technical support for the Services. A minimum of 5 business days should be allowed to receive a reply through DSGSecure. Timeliness or accuracy of any messaging provided through DSGSecure cannot be guaranteed. In the event of an emergency or potentially serious medical condition, please call your doctor's office or go to your nearest hospital or emergency department. Do not rely solely on DSGSecure to schedule care.

Our Privacy Policy

We respect your privacy. Please refer to our Privacy Policy which explains how we collect, use, maintain, disclose and safeguard your personally identifiable information, which includes your personal health information (“Personal Information”). When you access or use the Services, you signify your agreement to our Privacy Policy.

Account Registration and Usage

In order to use the Services, you must register for an account (“Account”) and be a resident of Canada and at least 16 years of age. If your Healthcare Provider wishes you to have access to DSG Secure, we will ask them to provide certain Personal Information about you which we will collect and treat in accordance with our Privacy Policy. By accessing the Site or using the Services you represent and warrant that you are 16 years of age or older. If you register for an Account you must a) provide true, accurate, current and complete information about yourself; b) maintain confidentiality and security of your password; and c) promptly update your Account information to ensure it is accurate, current and complete. If you are registering an Account or are using the Site on behalf of an individual other than yourself, you represent that you are authorized in writing by such individual or by law to act on such individual’s behalf.

When you initially sign up, you will be prompted to finalize your Account registration, including selecting a password ("Password"). If you do not wish to proceed to use the Services, you can inform us and we will delete your Personal Information in accordance with DSG’s Privacy Policy.

If we have reasonable grounds to suspect that your Personal Information is inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and your access to any or all of the Services. If messages sent to an email address provided by you and associated with your Account are returned as undeliverable, we reserve the right to terminate your Account with or without notice to you immediately.

You are responsible for maintaining the confidentiality of your Account, for all activity on your Account and for all charges incurred by your Account. You agree to notify DSG immediately of any unauthorized use of your Account or any other security breach, and to ensure that you log-out of your Account when you finish a session. DSG will not be liable for any loss or damages arising from your failure to keep your Account confidential.

Warranties and Limitation of Liability

You agree that your use of the Services is on an “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Services, including without limitation as to the completeness, accuracy and currency of any text, image, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site (the “Content”). While we use our best efforts to make your access to and use of the Site safe, DSG does not represent or warrant that the Site or the Content are free of viruses.

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

DSG cannot and does not guarantee any results or the conduct of Healthcare Providers. You therefore acknowledge and agree that any engagement with a Healthcare Provider through your use of the Services is solely between you and the Healthcare Provider and that DSG will not be responsible or liable for any losses or damages that you may incur as a result of your engagement with a Healthcare Provider.

DSG and its directors, employees, agents and third party partners will not be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, and including without limitation any loss or damages caused by or as a result of i) your reliance on the Site, Services or Content, ii) reliance on the advice provided by Healthcare Providers through the Services, (iii) any error or inaccuracies in any Content, failure of performance or the unavailability of the Services for any reason, any representation or statement made on the Site, or any loss of data regardless of the cause and whether in an action arising in contract, tort (including negligence), or otherwise.

While we make commercially reasonable efforts to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability or uninterrupted use of the Services at all times.

These warranties and limitation of liability shall apply even if DSG knew of or ought to have known of the possibility of such damages.

Release

DSG does not monitor or oversee communications between Healthcare Providers and Patients, on the Site and cannot guarantee the security of Personal Information transmitted through email and over the Internet. You therefore agree that your use of the Services is at your own risk and you agree to release DSG, its directors, shareholders, agents, employees, and third party partners from any claims arising out of or in any way connected with your use of the Services except to the extent any injury is directly due to the negligence of DSG or its personnel. You further waive all rights and benefits conferred by the laws of any jurisdiction that may limit the scope of this release.

Indemnity

You agree to defend, indemnify and hold harmless DSG, its officers, directors, employees, agents, and third party contractors from and against any and all liabilities, claims, demands, losses and expenses whatsoever, including, without limitation, reasonable legal fees and disbursements, resulting directly or indirectly from your access to or use of the Site, Services or Content or your violation of these Terms.

Intellectual Property

All right, title, and interest in and to the Services (excluding Content and Personal Information provided by you) are and will remain our exclusive property. The Site is protected by copyright, trademark, and other laws of both Canada and foreign countries.

Nothing in these Terms grants you any rights in the Site, in DSG Secure or any right to use the DSG name or any DSG trade-marks, logos, domain names or branding. You agree not to adjust or circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within the Site.

The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

Any feedback, comments, or suggestions you may provide regarding the Site or Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or payment to you.

Restrictions and Termination

You may not use the Site or Services to engage in any illegal, offensive or unauthorized activities including tampering with our systems or transmitting harmful or offensive (e.g., violent, obscene, discriminatory, defamatory) communications or material.

Notwithstanding any provision of these Terms, DSG may at any time in its sole discretion suspend or terminate your Account or refuse to provide you with access to the Services. After any termination, you acknowledge that DSG will have no further obligation to provide access to the Site and all other rights granted to you by these Terms will immediately cease. DSG will not be liable to you or any third party for termination of the Site or termination of your use of the Site or Services. Any suspension or termination will not affect your obligations to DSG under these Terms which by their context are intended to and do survive such suspension or termination.

Communication

Unless otherwise expressly stated in these Terms, all notices that you send to us must be in writing and sent to our address below via registered mail or via our contact form. All notices that we send will be mailed or emailed to you at the contact information you provide to DSG.

General

Use of the Site is prohibited where contrary to law. Use of the Site is unauthorized in any jurisdiction where the Site or any of the Content may violate any laws or regulations. You agree not to access or use the Site or Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations.

If any provision of these Terms shall be deemed by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining Terms.

Governing law and Jurisdiction

The Site is operated by DSG from its offices within the Province of Ontario, Canada. You agree that all matters relating to this Agreement, or your access or use of the Site shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario on all matters relating to your access and use of the Site or Services, as well as any dispute that may arise therefrom.

Waiver and Severability

The failure of DSG to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement

This document and the Privacy Policy and any guidelines provided by DSG on use of the Site and Services from time to time constitute the entire Agreement between you and DSG relating to your access to and use of the Site or Services.

Questions and Contact

If you have any questions regarding these Terms of Use or your use of the Site or Services, please contact us at:

DSG Secure Messaging Inc.
42 Industrial St, Suite 106
Toronto, ON
M4G 1Y9
(416) 447-3666

Email: Please use our contact form.