MEDICAL COUNCIL OF CANADA - FILE ACCESS SERVICE TERMS AND CONDITIONS
All users (the “Recipient” or “I”) 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 File(s);
- the File(s) transferred to a Recipient by an MCC 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;
- the File(s) transferred and available to the Recipient for access are at the sole discretion of the Candidate;
- only medical credential Files that have been successfully source verified at the time the request is made can be transferred by the Candidate;
- Files that have not completed the source verification process cannot be transferred by the Candidate;
- Files transferred by the Candidate may not be the only source verified documents on the Candidate's account;
- only the Candidate can pay for a File transfer 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 File(s) changes;
- 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.
Disclaimer, Immunity and Release:
MCC ASSUMES NO LIABILITY AND MCC 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:
- 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,
(collectively known as the “MCC Group”), for or in respect of any Files, acts, communications, reports, records, diplomas, transcripts, 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:
MCC's liability for loss or damage under these File Access Terms and Conditions or in connection with the File Access Service whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if MCC has been advised of the possibility of such damages, shall not exceed the fees paid by the Candidate for the File transfer request regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if MCC has been advised of the possibility of such damages. In no event shall MCC be liable for any indirect, special, incidental, punitive, exemplary or consequential damages of any kind, any lost revenue or lost data, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if MCC has been advised of the possibility of such damages.
Amending of the Present Terms and Conditions:
The Recipient understands that MCC has the right to unilaterally amend these File Access Terms and Conditions.
Acknowledgement and Certification: