Medical Council of Canada
File Access Service
Terms and Conditions
All users (the “Recipient” or “you”) who wish to access document files (each a “File”) using the Medical Council of Canada (“MCC”) File Access Service (“File Access Service”) are required to accept these MCC File Access Service Terms and Conditions (the “File Access Terms and Conditions”).
The Recipient acknowledges and agrees that:
- if more than one individual in a Recipient organization will use the File Access Service, each individual will be required to create an account, unless the Recipient wishes to have all File Access Service notifications go to one email address;
- the Recipient will need to log into his/her account to access the transferred File(s);
- the File(s) transferred to a Recipient by an MCC Candidate ("Candidate") will be available for access by the Recipient for a period of 30 days. If the Recipient does not access the File(s) within that 30-day period, only the Candidate can request that access to the File(s) be extended for one additional 30-day period; after the two 30-day periods, the Candidate will be required to request and pay for a new transfer of File(s);
- the File(s) transferred and available to the Recipient for access are at the sole discretion of the Candidate;
- Files available for transfer through the MCC's File Transfer-Access Service include medical credential Files that have been successfully source verified through the MCC, and examination results Files where the Candidate has obtained a Pass result.
- Medical credential Files that have not completed the source verification process cannot be transferred by the Candidate;
- Medical credential Files transferred by the Candidate may not be the only source verified documents on the Candidate's account;
- Examination results Files available for transfer are Statements of Results and Supplemental Feedback and/or Information Reports relating to the MCC Evaluating Examination, the MCC Qualifying Examination, the MCC Qualifying Examination Part I, the MCC Qualifying Examination Part II, and the National Assessment Collaboration (NAC) Examination;
- Where the Candidate has on account at least one examination result File with a Pass result, and/or has been awarded the Licentiate of the Medical Council of Canada (LMCC), the Registration and Examination Summary (“Summary”) is also available for transfer. The Summary provides the Candidate's name, date of birth, LMCC registration date and number (if applicable), and a list of the examinations, as listed above, on which the Candidate has obtained a Pass result;
- Examination results Files where the Candidate has obtained a result other than a Pass result (e.g. a Fail result) cannot be transferred by the Candidate;
- Examination results Files transferred by the Candidate may not be the only examination results Files available for transfer on the Candidate's account;
- only the Candidate can pay for a Request; no other payment arrangements can be made;
- MCC does not take any responsibility for notifying the Recipient if the source verification status of a Candidate's medical credentials File(s) changes, and/or if there is a result change relating to a transferred examination result File;
- the Recipient's account can be used only for purposes of accessing transferred File(s);
- the Recipient will use Files only for intended purposes, e.g. to process a Candidate's application, and not for any other purposes; and
- the Recipient will not share File(s) with any third party.
Privacy:
The Recipient will keep his/her username and password strictly confidential. The Recipient will advise MCC immediately of any breach of confidentiality or any improper access or use of his/her username or password. The Recipient understands that the Recipient's personal information and documentation will be used by MCC for the purpose of the File Access Service and pursuant to MCC's Privacy Policy and these File Access Terms and Conditions.
Disclaimer, Immunity and Release:
MCC ASSUMES NO LIABILITY AND DISCLAIMS ALL LIABILITY WITH RESPECT TO THE CONTENT OF ANY FILE TRANSFERRED BY A CANDIDATE.
The Recipient hereby extends absolute immunity to, and releases, discharges and holds harmless from any and all liability:
(1) MCC and its respective employees, agents, representatives, members, directors and officers; and
(2) any third parties and organizations and their respective employees, agents, representatives, members, directors and officers, service providers and contractors,
(collectively known as the “MCC Group”), for or in respect of any Files, acts, communications, reports, records, diplomas, transcripts, documents, statements, recommendations or disclosures involving the Candidate or the Recipient, made in good faith and without malice, sent, requested or received by any member of the MCC Group.
Limitation of Liability:
IN NO EVENT SHALL THE MCC OR THE MCC GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGE TO REPUTATION, LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFIT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MCC OR THE MCC GROUP BE LIABLE, IN THE AGGREGATE, FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF THE FEES PAID BY THE CANDIDATE FOR THE FILE TRANSFER REQUEST, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Online Services:
The Recipient agrees that, as a user of the File Access Service, the MCC Terms of Use, as indicated on the MCC website, also apply to the use of the File Access Service.
Amending of the Terms and Conditions:
The Recipient understands that MCC has the right to unilaterally amend these File Access Terms and Conditions, and that such amendments will apply retroactively.
General:
These File Access Terms and Conditions shall be governed by the laws in force in the Province of Ontario, Canada, without regard to conflict of laws. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
Agreement:
The Recipient acknowledges that he/she has read and understands the File Access Terms and Conditions (as may be amended from time to time), including the releases of liability, the MCC's Privacy Policy, as well as the MCC Terms of Use, as indicated on the MCC website, and hereby agrees to abide by them.
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