Terms of Use

These Terms of Use form a legally binding contract between mccQbank Inc. ("we", "us" or "mccQbank") and you to access our website located at https://www.mccqbank.com or any related website (the “Website”) or use any mobile application controlled by us (the “App”) and, if applicable, to access our Services.

Please read these Terms of Use carefully. You must agree to these Terms of Use in order to use or access our Content (defined below) or pay for and access our Services through our Website or App. By using or accessing any part of our Content or Services, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use.

These Terms of Use must be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website or App. In the event these Terms of Use conflict with terms found in a policy or guideline available on the Website or App, the conflicting provision in these Terms of Use prevail.

1. Use or Access to The Website and App

a)The Website and App
The “Content” refers to all intellectual property, data, documentation, reports, text, images, videos, sounds, computer code, software, along with the design and arrangement of such content owned by or licensed to mccQbank. The Content includes both Content provided free-of-charge and Content provided for a fee. The Content is protected by applicable law.

Free-of-Charge Content: Unless you obtain our or our licensor’s prior written consent, you receive no rights or licenses to the Content provided free-of-charge other than, through our Website or App, the privilege to access the free Content or the limited revocable right to reproduce such Content in the form made available by us for your educational purposes in accordance with these Terms of Use.

Subscription Content: Provided you subscribe to the Subscription Services and pay the Subscription Fee(s), you will, through our Website or App, receive the privilege to access certain paid Content or the limited revocable right to reproduce such Content in the form made available by us for your educational purposes in accordance with these Terms of Use.

Any rights not expressly granted within these Terms are reserved to us, and any unauthorized use of or access to such Content is strictly prohibited. Please note that we retain all right, title, and interest in any Content, including without limitation all software and Content included in and used to provide the Services (defined below).

The Content is provided "as-is" on an “as available” basis without any warranty or condition, express, implied or statutory. Your use of or access to such Content is at your sole risk, and we are not liable for your use of or access to the Content. We do not warrant that your use of or access to the Website or App will be uninterrupted, secure, or error-free.

We reserve the right to alter the Content at any time.

b)The Services

Depending on the specific Services listed on the Website or App that you pay for or someone else pays for you (see Payment section below), we may provide you the following Services:

• The Application Services, which require the purchase of a subscription of a defined duration (see Payment section below), where you will receive the privilege to access or a limited revocable license to reproduce certain paid Content for your own educational purposes; or,

• The Mentorship Services, which require the prepayment of the applicable appointment fee, where we will facilitate either a virtual video meeting or phone call between you and a mentor for the purposes of providing you advice on the Medical Council of Canada Qualifying Examinations (collectively, the “Services”).

By accessing the Services, you are confirming that you have determined that the Services are appropriate for your needs. We do not guarantee that the Services meet your needs or that they are suitable for your specific purposes. In addition, we do not guarantee that you will achieve successful results from following any advice, instructions, or recommendations from us or any of our mentors. You agree that you are not at any time obliged to act on any advice, instructions, or recommendations that we or our mentors provide, and that to the extent that you act on any such advice, instructions, or recommendations, you do so at your own risk. We will provide you access to the Services in a professional and workmanlike manner. We will analyze the code used in and to provide access to the Application Services and the Content therein with industry standard antivirus software and debuggers and will not knowingly deliver to you any virus, bug, malware, software lock, or other disabling devices or any undisclosed code or mechanism for gaining unauthorized access to your systems. We reserve the right to update the Content or the Services at any time. We warrant that our updates to the either will not materially reduce the level of performance, functionality, or security of the Content or the Services during the period in which you pay for the Services. Otherwise, we hereby disclaim all other warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Content and the Services.

c) Your Account for the Services
In order to access the Services, you must create an account. Information you submit to create an account is subject to our Privacy Policy, which is available for review on our Website and App, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can access, amend, or delete your personal information from our servers. Additionally, the features and capabilities of your account are described on the Website and App.

d) Access and Use Limitations You agree to use or access the Content and Services in compliance with these Terms of Use, applicable law, and any requirements, procedures, policies, or community guidelines described by us on our Website or App. Additionally, you shall not directly or indirectly, and will cause each person under your direct or indirect control not to:
(i) copy, use, post, publish, display, transmit or duplicate the Content or the Services without our express written consent;
(ii) sell, rent, lease, host, sub-license or make the Content or the Services available under any consulting, time sharing, outsourcing, service bureau, loan, rental, lease or any other arrangement;
(iii) use, modify, copy, link, translate or attempt to reverse engineer or decompile the Content or the Services or any related software code;
(iv) use the Content or Services in any manner for spamming, sending chain letters, junk mail, or using a distribution list to communicate with a person who has not given you specific permission to contact them in such a manner;
(v) use or access the Content or the Services for illegal purposes;
(vi) use or access the Content or the Services to display, transmit, or otherwise provide access to any unlawful, infringing, libelous, obscene or harassing content of any kind;
(vii) send or store any data containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(viii) interfere with or disrupt the integrity or performance of the Content or the Services or the data contained therein;
(ix) attempt to gain unauthorized use or access or disable any software locks or access control measures to the Content or the Services or their related systems or networks; or,
(x) make account login IDs or passwords available to any third party.

e) Age Restrictions
If you are under the age of 18, you are permitted to use or access the Content that is provided free-of-charge, but you are not permitted to pay for access to the Services. Regardless of your age, you shall not submit to us the personal information of anyone under the age of 18.

2. Payment

a) Application Services
If you wish to access our Application Services, you will be required to prepay fees pursuant to a Subscription Plan. The terms governing the fee, including how it is to be paid, its amount, and its duration are to be found on the Website and App (the “Subscription Plan”) or are available upon request. The Subscription Plan does not auto-renew after it expires. You agree to pay mccQbank the fees specified in the Subscription Plan in accordance with the terms of such Subscription Plan and these Terms of Use. You hereby authorize us to bill your credit card or other payment instrument on a periodic basis in accordance with such Plan and these Terms of Use until you terminate such Plan, and you further agree to pay any charges so incurred. You represent and warrant to mccQbank that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly inform mccQbank with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges, you must let mccQbank know in writing within 60 days after the date that mccQbank invoices you. Your failure to provide payment in accordance with your Subscription Plan on a timely basis shall afford mccQbank the right to terminate your access to the Application Services. All fees are non-refundable and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees mccQbank incurs collecting late amounts.

b) Mentorship Services
If you wish to access our Mentorship Services, you will be required to prepay fees for a pre-defined, available block of time (e.g., $ X amount for 30 minutes) (the “Appointment Fee”). The Appointment Fee’s amount and the details in regard to the date and time of the appointment between you and the mentor will be found on the Website and App or are available upon request. When booking an appointment for Mentorship Services, you agree to pay mccQbank the Appointment Fee in accordance with its terms found on the Website and App and these Terms of Use. You represent and warrant to mccQbank that any payment information you provide is true and that you are authorized to use the payment instrument. If you dispute any charges, you must let mccQbank know in writing within 60 days after the date that mccQbank invoices you. All fees are non-refundable and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees mccQbank incurs collecting late amounts.

c) Change of Subscription Plan or fees
The details of the Subscription Plan(s) and the Appointment Fee(s) pursuant to these Terms of Use may be amended from time to time. If we change any material term of our Subscription Plan(s) or Mentorship Services, we will:
• provide notice of the change on the Website and the App; and,
• provide notice of the change to the subscribers of the Subscription Plan or those who have paid for unused Mentorship Services, at least 30 days before the change is to take effect for subscribers of a Subscription Plan or as soon as practical for those who have paid for such Mentorship Services. Importantly, we will not change an Appointment Fee you have already paid for. Your continued access to the Application Services after the price change becomes effective constitutes your agreement to pay the changed amount. You may terminate your Subscription Plan within 30 days of any increase to the price of such Subscription Plan.

3. Termination of Service

You may cancel access to the Services at any time in accordance with the terms and policies posted on the Website and App.

4. Exclusion and Limitation of Liability

In no event will we have any liability to you for any lost profits or revenues or for any indirect, special, incidental, consequential, aggravated, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable. Our cumulative liability to you for all claims arising from these Terms of Use, including, without limitation, any cause of action sounding in contract, tort (including without limitation, negligence or strict liability), by statute, other legal theory, or otherwise howsoever arising, will not exceed $100 CDN.

5. Indemnification

You must defend and indemnify us and our respective officers, directors, employees, contractors, agents, representatives, successors and assigns for any losses, costs (including reasonable legal fees) or damages incurred for:
(a) any claim by any third party that arises from or is related to (i) your breach of these Terms of Use or any policy on our Website or App; (ii) your use of or access to the Content; (ii) your access to the Services in combination with other technology not provided or recommended by us; or (iii) our compliance with your requests; and,
(b) any loss of data, security breach, fraud or introduction of malware, viruses or malicious code to the Website or App arising from your use of or access to the Content or Services.

6. Information Security Program and Security Breaches

In order to protect your security, we have implemented appropriate technical and organizational measures to protect the personal information you give us against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. We encrypt the personal information using industry standard encryption tools, whether in transit or at rest, and we will safeguard the security and confidentiality of all encryption keys associated with encrypted personal information.
However, please note that your security may be compromised if you share your username or password. It is your sole responsibility to ensure that all usernames and passwords used to access the Services are kept confidential. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will investigate all breaches of security of our Website or App, and in the event of a breach and in the event we are obliged by applicable law to notify you, we will notify you in writing in accordance with such law, and we will provide information regarding the nature and scope of the data security breach.

7. Compliance With Laws

You represent and warrant that:
(a) You have the authority to bind yourself to these Terms of Use;
(b) Your use of or access to the Content or the Services will be solely for purposes that are permitted by these Terms of Use;
(c) Your use of or access to the Content or the Services will not infringe or misappropriate the confidentiality or intellectual property rights of any third party; and,
(d) Your use of or access to the Content or the Services will comply with all applicable laws, rules and regulations, and with all policies posted on the Website or App.
You must only use or access the Content or the Services for your own lawful, educational purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website or App.

8. Governing Law and Dispute Resolution

These Terms of Use and any use of or access to the Content or the Services shall be governed by, and construed in accordance with, Ontario law, excluding any conflicts of law rules. As the exclusive means of commencing and maintaining adversarial proceedings to resolve any dispute related to these Terms of Use or the subject matter of these Terms of Use, you must commence and maintain your proceeding in a court of competent jurisdiction in Windsor, Ontario, Canada.

General Terms

a) Amending these Terms of Use
These Terms of Use may be amended from time to time. We reserve the right to amend these Terms of Use and any fees at any time, and any amended Terms of Use are effective upon posting to the Website and App. We will notify you of amendments to these Terms of Use through click-through notifications on the Website and App. Your continued use of or access to the Content or the Services will be deemed to be immediate and unconditional acceptance of any amended Terms of Use.
b) Assignment
Neither these Terms of Use nor any obligations or rights arising under it may be assigned or transferred by either you or us, by operation of law, merger or otherwise, to any third party without the other’s prior written consent, which will not be unreasonably withheld, except that we may freely assign our rights under these Terms of Use in connection with a merger, acquisition, or sale of all or substantially all of our assets or business.
c) No Waiver No waiver of a provision, right or remedy of these Terms of Use shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
d)Survival Any provisions of these Terms of Use, which by their nature are intended to survive termination, will continue after termination
e) No Agency The parties to these Terms of Use are independent contractors and are not partners or agents. We have no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use.
f) Severability In the event that any provision or part of these Terms of Use is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
g) Entire Agreement These Terms of Use, in conjunction with all policies and guidelines available on the Website or App (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and us and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

Question on these Terms of Use

We welcome you to contact us with any questions on these Terms of Use. You can send your questions to: marketing@mccqbank.com