Last update : October 13th 2021.
1.1. The Website is intended to provide information on the mission, structure, members, strategic initiatives and solutions of the QPRN, as well as information on the activities and events of the Members of the QPRN and information about competitions and grant and/or scholarship programs for the Members of the QPRN and to disseminate member publications and informational resources on pain management education and training (hereinafter our “Publications”). Additionally, the Website contains various modules to allow Members of the QPRN to share their research projects via the recruitment portal (hereinafter the “Recruitment Portal”) and through the research projects mailing list of the QPRN (hereinafter the “Mailing List”) to which people living with pain can subscribe. By accessing the Website, you agree to do so on a voluntary basis, without any external obligation or constraint.
1.2. By using the Website, you acknowledge that although the information provided through the Website and the QPRN Content (as defined in section 3.1 below) may have been prepared and/or reviewed by the QPRN and, more particularly, by qualified resources who may hold a professional qualification in the field of health, the content of such information and the QPRN Content do not create any professional relationship between a professional and a patient and do not in any way constitute an opinion, medical advice, diagnosis or treatment of a particular pathology, and is provided exclusively for the purpose of providing you with information on pain management, through the Website and its pages, modules and features including, without limitation, the “QUESTION OF THE MONTH” module.
1.4. Due to the nature of the Internet, the QPRN cannot guarantee the continuous, uninterrupted availability and accessibility of the Website. The QPRN may temporarily suspend the availability of the Website or certain parts or modules thereof if the QPRN deems, in its sole discretion, that modifications should be made to the Website, to protect the security or integrity of its servers or to maintain or improve the Website. You acknowledge and agree that QPRN may improve, enhance or modify the Website or introduce or withdraw new QPRN Services from time to time.
1.5. The Website does not offer any medical advice, nor does it claim to replace in any way services offered by duly qualified professionals such as psychologists, psychiatrists, doctors, physiotherapists, nurses and/or any other healthcare professional. We recommend that you always seek the advice of a healthcare professional for any questions regarding your health. You should never dismiss, avoid or delay following the recommendations made by your healthcare professional because of information provided through the Website and its pages, modules and features including, without limitation, the “QUESTION OF THE MONTH” module.
1.6. The QPRN Services including, without limitation, the information provided in the QPRN Content (as defined in section 3.1 below), should not be used if you need immediate help (e.g., acute pain, sudden severe pain, etc.) or in case of emergency. If you have a problem that requires immediate help or urgent assistance, you can :
i) call the Info-Santé 811 telephone line by dialling 811 to communicate with a nurse;
ii) call the information and support line of the Québec Association of Chronic Pain by dialling 1-855-368-5387 and;
iii) for all emergencies, immediately call the emergency services by dialling 911 or go quickly to the emergency room of the nearest health institution
IF YOU ARE CONSIDERING SUICIDE OR MAY BE DANGEROUS TO YOURSELF OR OTHERS, YOU MUST STOP USING THE QPRN SERVICES AND CONTACT EMERGENCY SERVICES BY DIALLING 911 OR GETTING TO THE EMERGENCY ROOM OF THE NEAREST HEALTH INSTITUTION IMMEDIATELY.
2. WEbsite eligibility
2.2. More specifically, to access some content on the Website and/or obtain certain QPRN Services, you may have to be admitted as a member of the QPRN according to the membership categories (hereinafter the “Members”) provided for in the membership charter of the QPRN available on the Website (hereinafter the “Membership Charter”).
2.3. Each Member must respect and comply with the provisions of the Membership Charter, which contains all the information relating to the mission and objectives of the QPRN, its direction, its governance structure, the membership and renewal of its members, its membership categories, the privileges and responsibilities of members, the scientific structure of the QPRN, its financing rules and conflict resolution.
2.4. When completing the membership form, you must provide accurate, up-to-date and complete information at all times.
2.5. The QPRN reserves the right to accept and refuse any request to become a Member, to terminate it or not to process it (including an accepted application) if any information provided in the membership form is inaccurate or not updated or if it does not comply with the Membership Charter.
2.6. Each Member acknowledges that the mere fact of being admitted as a Member of the QPRN does not create any promise or commitment from the QPRN to provide such Member with QPRN Services; all QPRN Services remain subject to the effective rules and regulations adopted by the QPRN, as available on the Website. For example, any participation in an activity, an event, a grant program, the dissemination of a Member’s research project through the Recruitment Portal and/or the Mailing List remains subject to the effective rules and regulations adopted by the QPRN, as available on the Website.
3. user content
3.1. The QPRN may, in its sole and absolute discretion and from time to time, allow Users to (i) create, upload, publish, transmit, receive or exchange content such as texts, photos, videos or other material and information on or through the Website (the “User Content”); (ii) access and display User Content and any content that QPRN may make available on or through the Website, including content owned by the QPRN, including our Publications, and any content licensed or authorized for use through the QPRN by a third party (hereinafter the “QPRN Content” and collectively together with the User Content, the “Content”).
3.2. The Website, the QPRN Content and the User Content may, in whole or in part, be protected by copyright, trademark and/or other applicable laws of Canada and other countries. You acknowledge and agree that the QPRN Website and Content, including all intellectual property rights associated therewith, are and shall remain the exclusive property of the QPRN and/or its licensors or third parties permitting such use. You will not remove or otherwise alter any copyright, trademark or other proprietary right notice incorporated in or accompanying the Website, the QPRN Content or the User Content. You acknowledge and agree that the trademarks, service marks, logos, trade names and other intellectual property rights of third parties used or in connection with the Website and/or the Content are used for identification purposes only and may be the property of their respective owners.
3.6. You are solely responsible for all User Content that you make available on or through the Website. Consequently, you represent and warrant that (i) you are the sole owner of the User Content that you make available on or through the Website and that you have all the necessary rights, titles and interests, licences and consents to grant the rights in such User Content to the QPRN as contemplated herein, and (ii) neither the User Content nor your posting, uploading, submission or transmission of any User Content or use by the QPRN of the User Content or any part of the User Content as contemplated herein shall infringe any third party intellectual property rights such as copyrights, trademarks, trade secrets, moral rights or other intellectual property rights or shall result in the violation of any applicable law or regulation.
3.7. 3.7. The QPRN complies with all copyright laws and expects its Users to comply with them as well. If you believe that any content on the Website violates any intellectual property rights you own, please notify us at the following email address: email@example.com.
4. intellectual property
4.1. The QPRN allows Users to access and display any content that the QPRN may make available on or through the Website such as texts, photos, videos or other material and information, including the content owned by the QPRN and any content licensed or authorized for use by or through the QPRN by a third party (hereinafter the “QPRN Content”).
4.2. The QPRN Website and Content may, in whole or in part, be protected by copyright, trademark and/or other applicable laws of Canada and other countries. You acknowledge and agree that the QPRN Website and Content, including all intellectual property rights associated therewith, are and remain the exclusive property of the QPRN and/or its licensors or third parties permitting such use. You will not remove or otherwise alter any copyright, trademark or other intellectual property rights incorporated in or accompanying the Website or the QPRN Content. All the QPRN trademarks, brands, logos, trade names and any other intellectual property, if any, used or related to the Website and the QPRN Content are trademarks or registered trademarks of the QPRN in Canada. You acknowledge and agree that the trademarks, service marks, logos, trade names and other intellectual property rights of third parties used or in connection with the Website and/or the QPRN Content are used for identification purposes only and may be the property of their respective owners.
i) use the Website; and
ii) access and view any content made available to you on or through the Website, including the QPRN Content and accessible to you for your personal, non-commercial use.
4.4. The QPRN complies with all copyright laws and expects its Users to comply with them as well. If you believe that any content on the Website infringes any third party intellectual property rights, please notify us at the following email address: firstname.lastname@example.org.
5. Special conditions governing specific modules of the Website
5.1. Each User, more specifically a Member or a person living with pain, must provide accurate, up-to-date and complete information at all times when registering for or using any module of the Website including, without limitation, the Recruitment Portal, the Mailing list or to the “QUESTION OF THE MONTH” module.
5.2. The QPRN namely reserves the right to accept, refuse, cancel or not process any request for information from a User or any registration to any module of the Website including, without limitation, the Recruitment Portal or the Mailing list, at its sole discretion, if any information provided as part of the registration to the Recruitment Portal or the Mailing List is inaccurate or not updated.
5.3. By providing the information required for the purposes of using or registering for any module of the Website including, without limitation, the Recruitment Portal or the Mailing List, you agree to do so on a voluntary basis, without payment of any consideration, without any obligation or consequence in the event of refusal on your part.
5.4. More specifically, in relation to the Recruitment Portal and the Mailing List, depending on the research projects registered in the Recruitment Portal and the information provided when registering for the Mailing List, the QPRN scientific team will analyze everything and transmit by email to the people who subscribed to the Mailing List, free of charge, the name of the QPRN Members’ research projects that may interest them as well as the name and details of the persons to contact to participate.
5.5. Moreover, each User remains free to contact the persons responsible for the research projects for which they have received information and the QPRN shall not take any action on behalf of any Member or people living with pain. The only people who will have access to the information provided are members of the QPRN scientific team.
5.6. Each User acknowledges that the mere fact of being duly registered or using a module of the Website including, without limitation, the Recruitment Portal or the Mailing List, does not in itself create any promise or commitment from the QPRN. For example, any information provided to a User in relation to a research project following their registration to the Mailing List is at the sole discretion of the QPRN and is subject to the availability of research projects registered in the Recruitment Portal. Similarly, the QPRN is in no way required to provide information in relation to research projects, particularly in the event of their non-availability, for any reason. Also, in any case, information provided in relation to research projects is for your personal use only and resale or use in a commercial context is not permitted.
5.8. More specifically, in relation to the Recruitment Portal and the Mailing List, any research project for which information is transmitted to people living with pain through the Mailing List remains the Member’s research project for which that Member alone and solely assumes responsibility and all accountability together with their institution. Likewise, any provision and condition of a research project can in no way be attributable to the QPRN whether in terms of form or substance; for example, the QPRN has no control over any eligibility criteria for a research project.
5.9. More specifically, in relation to the Recruitment Portal and the Mailing List, following the transmission of information in relation to a research project, all exchanges, negotiations, writings and other contractual terms that may be entered between Users are part of their unique and exclusive contractual relationship and do not concern the QPRN nor do they result from any initiative of the latter.
5.10. In any case, that fact that people living with pain register for or use a module of the Website including, without limitation, the Mailing List and that the QPRN send them information especially in relation to research projects shall not create any professional relationship between a professional and a patient and shall not in any way constitute an opinion, medical advice, a diagnosis or treatment for a particular pathology, and is provided exclusively for information purposes namely in relation to research projects of the QPRN Members.
6. Prohibited activities and appropriate conduct
6.1. As a User of the Website, you acknowledge that you are solely responsible for complying with all laws, rules, regulations and obligations that may apply to you in connection with your use of the Website.
6.2. As part of your use of the Website, you agree not to :
d) use, display the Website or the QPRN Content or any other individual element found within the Website, the name of the QPRN, any trademark of the QPRN, the logo or any other intellectual property rights or the design of any page contained on the Website, without having obtained the prior written consent of the QPRN;
e) dilute, affect or otherwise violate any trademark owned by the QPRN in any way including unauthorized use of the QPRN Content by registering and/or using the QPRN name or derived terms within domain names, trade names, trademarks or others or by registering and/or using domain names, trademarks or other identifiers which closely imitate or cause confusion with the domain name or trademark of the QPRN;
f) use any malware to access and/or collect any data about any User of the Website and/or the QPRN Content found on the Website;
g) attempt to decipher, compile or reverse engineer or perform any similar action with respect to any software used to provide the Website;
h) take any action that could cause damage or affect the performance or proper functioning of the Website; or
i) violate or infringe the rights of any person or otherwise cause harm to any person.
7. Warranty disclaimers
7.1. The QPRN makes no representation and gives no warranty regarding the proper functioning of the Website, its suitability for use or the absence of errors or interruptions during its use. The QRPN makes no representation and gives no warranty as to the accuracy, veracity and representativeness, if any, of the QPRN Content or any other content that the QPRN may make available on or through the Website.
7.2. The QPRN does not provide any warranty or statement concerning the skills or representations of researchers and/or healthcare professionals who have contributed to the development of the QPRN Content, including in particular our Publications, nor the quality or accuracy of the information provided. It is your responsibility to consult the healthcare professionals of your choice for any pain management issue as well as to validate their qualifications and experience.
7.3. More specifically, in relation to the Recruitment Portal and the Mailing List, the QPRN makes no representation and gives no warranty to the Member that people living with pain registered on the Mailing List will actually participate in their research projects or that these people will actually receive information on research projects for which the Member has registered on the Recruitment Portal. These persons also acknowledge that the information transmitted in relation to research projects is provided for informational purposes only and that it is their sole responsibility to inquire about the research projects concerned and that the choice to participate in them or not is a personal decision which belongs to them, it being understood that the QPRN shall not be held responsible in any way, in particular in the event that the research projects concerned do not suit the needs of the User or in the event that these people, for any reason, do not meet the eligibility criteria of the targeted research projects.
7.4. Without limiting the generality of the foregoing, considering that the Website contains hyperlinks leading to Third Party Websites and that the QPRN has no control over the content of these Third Party Websites, the QPRN does not provide any warranty nor can it be held responsible for the validity of the content, products and services offered, as the case may be, on the Third Party Websites, of any problem of compatibility of the Third Party Websites with your devices and computer systems, of the contamination by computer viruses attributable to the use of Third Party Websites or the lack of data protection of the Third Party Websites, of the collection of your personal information and its use and communication on these Third Party Websites.
7.5. THE COMPONENTS OF THE WEBSITE, ITS CONTENT AND/OR THE QPRN SERVICES (IF ANY) ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE QPRN DECLINES ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR VERBAL, LEGAL OR CONVENTIONAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.6. The QPRN cannot be held responsible for any damage resulting from your use of the Website, the QPRN Content and/or the QPRN Services offered on the Website. The QPRN makes no representations or warranties and hereby expressly excludes any liability for any processing or action based on the information offered, or submitted directly or indirectly, as the case may be, through the Website.
7.7. Use of the QPRN Website and Services is at your own risk.
8. Limitation of liability
9.1. To the maximum extent permitted by any applicable law, you agree to release, defend (at the option of the QPRN), indemnify and hold the QPRN including, without limitation, its officers, directors, employees and agents, harmless from and against any claim, liability, damage, loss and expense including, without limitation, all legal and accounting costs, resulting from or being in any way related to:
ii) your inappropriate use of the Website or the QPRN Services,
iii) your violation of any law, regulation or third party rights.
10.2. The QPRN may provide hyperlinks to Third Party Websites on the Website. These Third Party Websites may contain terms and conditions and privacy policies that are different from those of the QPRN. The QPRN is not responsible for the personal information that is collected, used or disclosed by any Third Party Website and the QPRN expressly disclaims any liability related to such collection, use or disclosure.
12.5. Failure of a Party to act because of a violation by another Party does not constitute a waiver of that Party’s rights to act in connection with subsequent or similar violations.