Effective Date: March 1, 2025

 

1. Introduction and Acceptance of Terms

DefenseMD is an organization dedicated to safeguarding the careers, reputations, and well-being of doctors and healthcare professionals across Canada. DefenseMD currently provides a range of services, including Educational Resources, Legal Assistance, and Legal Expense Coverage through a group insurance policy underwritten by ICPEI. DefenseMD is not an insurance company or insurance broker. Instead, it arranges group Legal Expense Insurance coverage for its members through a broker and collaborates with third-party vendors to deliver other services. DefenseMD may expand its service offerings in the future, all with the same objective: safeguarding its members' careers, reputations, and well-being.

 

By registering for a DefenseMD membership or participating in any DefenseMD program (including the Referral Program), you ("Member") agree to these Terms and Conditions ("T&C"). These T&C constitute a binding agreement between you and DefenseMD. If you do not agree to these terms, you must not register or use any of DefenseMD's services.

 

2. Our Contact Information

For any inquiries or assistance, you may contact us at:

• Phone: 1-800-913-1463

• Email: support@defensemd.com

• Address: 1155 Metcalfe Street, Suite 1500, Montreal, QC, H3B 2V6

 

3. Membership Details

a. Eligibility:
Membership is available to doctors and healthcare professionals licensed or registered by a Canadian medical regulatory authority (e.g., College of Physicians).

b. Membership Structure:
DefenseMD memberships are open-ended and automatically renew each year unless canceled by the member. Services are provided in fixed annual terms, with payment due at the beginning of each term. Members may cancel their membership at any time; however, cancellation will only take effect at the end of their current annual term.

c. Renewal:
Membership renews automatically each year, starting from the date of registration (e.g., March 11, 2025), between 7 and 12 days prior to its expiration unless canceled by the Member via email (support@defensemd.com) or through the Account Section on the DefenseMD website. Renewal fees will be charged at the rates in effect on the renewal date.

d. Renewal Notices:
Members will receive written notice 60 days prior to their renewal date, reminding them of their upcoming renewal and providing instructions on how to cancel if they do not wish to continue their membership.

e. Membership Fees:

• The annual membership fee as of March 2025 is $719.99 (includes all applicable taxes).

• Members of the AJMQ benefit from a special annual membership fee of $539.99 (includes all applicable taxes).

• Quebec physicians who are not members of AJMQ will gain automatic membership to AJMQ for the same period as their DefenseMD membership. By registering with DefenseMD, you consent to the transfer of your personal information to AJMQ solely for enrollment purposes. For more details on how your personal information is handled, please refer to our Privacy Policy and AJMQ’s Privacy Policy.

f. Refund & Cancellation Policy:​​​

• Members may cancel their membership within ten (10) days of their initial registration and receive a full refund. After this period, no refunds will be issued.

• Members may cancel their membership at any time by providing written notice via email or through the Account Section on the DefenseMD website.

• Cancellation will take effect at the end of the current annual term.

• No refunds will be issued for unused portions of an annual term following cancellation.

• By checking the box agreeing to these Terms & Conditions during initial registration, members are also consenting to automatic annual renewals unless they cancel as per this cancellation policy.​

g. No Membership Tiers:

All members receive access to the same services, subject to these T&C.

 

4. Services Provided

DefenseMD offers the following services as part of its membership:

a. Legal Expense Coverage:
Legal Expense Insurance coverage is provided to all members through our group policy underwritten by ICPEI. This coverage provides financial assistance for specified legal disputes related to professional activities (e.g., disciplinary hearings) and private life (e.g., identity theft), subject to exclusions, conditions, and limits detailed in the Group Insurance Policy provided to members upon registration.

b. Legal Assistance:
Members have access to confidential legal assistance services provided by a third-party vendor. Lawyers are available during designated hours (Monday–Friday, 9 a.m.–6 p.m., EST) to answer questions about Canadian legal issues related to members' professional or private lives.

c. Educational Resources:
Access to webinars, workshops, eLearning modules, and conferences provided at DefenseMD's discretion without guarantees regarding availability or frequency.

 

5. Legal Assistance Terms

a. Unlimited Access:
Members have unlimited, confidential, and toll-free access to the Legal Helpline. Calls may be made as often as needed, with no restrictions on call duration, provided usage does not constitute abuse.

b. Scope of Services:

• General Legal Assistance: Members can receive general legal information on Canadian laws and their application to specific situations.

• Document Review: Members may submit legal documents of up to 8 single-sided pages in PDF format for review, subject to terms and conditions.

• Letter Drafting: Members can request simple legal letters (up to 2 pages) drafted by a lawyer for personal use.

c. Hours of Operation:

The Legal Helpline is available Monday to Friday from 9:00 a.m. to 6:00 p.m. Eastern Standard Time (excluding statutory holidays). Intake agents process requests during these hours, and lawyers will return calls within the same business hours.

d. Exclusions and Limitations:
The Legal Helpline does not provide assistance for drafting or reviewing complex legal documents or matters already subject to ongoing litigation or claims.

 

6. Referral Program

a. Eligibility:
The Referral Program is open exclusively to active DefenseMD members in good standing.

b. Rewards:
For every eligible healthcare professional referred who becomes a member using your referral link during the same session:​

• You will receive a one-year extension to your membership at no cost.

• Rewards are non-transferable and cannot be exchanged for cash or other benefits.

c. Tracking Referrals:

Referrals are tracked exclusively through your unique referral link provided by DefenseMD. Verbal referrals or referrals made without using this link cannot be tracked or rewarded.

d. Limitations:​​

• Referred individuals must complete registration during the same session after clicking your referral link.

• Fraudulent activity or misuse of the program may result in disqualification from participation.

 

For full details on our Referral Program policy, please refer to our Referral Program Terms & Conditions.

​

7. Limitations of Liability

a. DefenseMD acts solely as an organizer for group Legal Expense Insurance coverage underwritten by ICPEI and collaborates with third-party vendors (e.g., Legal Assistance).

b. DefenseMD is not responsible for:

• Any advice or outcomes resulting from services rendered by third-party vendors.

• Errors or omissions in legal advice provided through the Legal Assistance service.

• Claims denied under Legal Expense Coverage policies issued by ICPEI.

c. Educational Resources are provided "as-is" without warranties regarding their accuracy, completeness, or applicability to specific situations.

d. In no event shall DefenseMD's total liability exceed the amount paid by the member for the current annual membership.

e. Nothing in these T&C limits DefenseMD’s liability for damages caused directly by its own gross negligence or intentional misconduct.

f. DefenseMD is not liable for any actions, errors, or omissions of its third-party vendors, including the Legal Assistance Services provider and the insurance company providing Legal Expense Insurance coverage.

 

8. Member Obligations

a. Members must provide accurate information during registration and update their details promptly if changes occur.

b. Members must not misuse any services offered, including but not limited to:

• Excessive or frivolous use of the Legal Assistance service.

• Sharing membership benefits with non-members.

c. Violation of these obligations may result in suspension or termination of membership without refund.

 

9. Indemnification

Members agree to indemnify, defend, and hold harmless DefenseMD, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising from member's use of services, violation of these T&C, or infringement of any third-party rights.

 

10. Force Majeure

DefenseMD shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, public health emergencies, governmental actions, war, terrorism, labor disputes, power failures, or widespread technological disruptions affecting information technology (IT) systems.

 

11. Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions ("Dispute") that cannot be resolved through negotiation shall first be submitted to mediation in Quebec before pursuing litigation or arbitration.​​

a. Either party may initiate mediation by providing written notice specifying the nature of the Dispute.

b. A mediator shall be selected by mutual agreement within 30 days after notice is given or appointed by the Institut de médiation et d'arbitrage du Québec (IMAQ) if no agreement is reached.

c. All communications during mediation are confidential and inadmissible in subsequent proceedings unless agreed otherwise by both parties.

d. The costs of mediation shall be shared equally between both parties.

e. If mediation fails to resolve the Dispute within 90 days of commencement, either party may initiate binding arbitration under the rules of the Institut de médiation et d'arbitrage du Québec (IMAQ).

 

12. Privacy Policy

DefenseMD values your privacy and complies with applicable privacy laws, including PIPEDA (Personal Information Protection and Electronic Documents Act) and Quebec's Law 25 governing personal data protection. To facilitate certain benefits included in your membership, DefenseMD may share your personal information with third parties as outlined in our Privacy Policy. For full details on our data protection practices, please refer to our Privacy Policy.

 

13. Modifications to Terms

DefenseMD reserves the right to modify these T&C at any time but will provide prior notice before changes take effect via email or written communication. Members who do not agree with such changes may cancel their membership before they take effect without penalty.

 

14. Severability

If any provision of these T&C is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

 

15. No Waiver

DefenseMD's failure to enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of DefenseMD.

 

16. Assignment

Members may not assign or transfer their membership or any rights or obligations under these T&C without DefenseMD's prior written consent. DefenseMD may assign its rights and obligations under these T&C at its discretion.

 

17. Duty of Good Faith

Both parties agree to act in good faith in fulfilling their obligations under this agreement in accordance with Articles 6, 7, and 1375 of the Civil Code of Quebec.

 

18. Governing Law

This agreement is governed by the laws of Quebec and is subject to the Civil Code of Quebec and applicable consumer protection legislation.

 

19. Language Preference

These T&C are available in French in compliance with Quebec law requiring consumer contracts be provided in French unless otherwise requested by the consumer. In case of any discrepancy between the English and French versions, the French version shall prevail.

 

20. Intellectual Property

All educational resources and materials provided by DefenseMD are protected by copyright and other intellectual property laws. Members are granted a limited, non-exclusive, non-transferable license to use these resources for personal, non-commercial purposes only. Members are strictly prohibited from distributing, reproducing, or creating derivative works from any DefenseMD materials without express written consent.

 

21. Compliance with Laws

Members agree to comply with all applicable laws and regulations in their use of DefenseMD services.

 

22. Member Representations

By agreeing to these Terms and Conditions, members affirm that they are licensed healthcare professionals and will maintain their licensure throughout their membership with DefenseMD.

 

23. Entire Agreement

These T&C constitute the entire agreement between you and DefenseMD concerning your membership and supersede any prior agreements or understandings.