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Virtual Care Rehab Inc. – Terms of Service

 

Last Updated: January 2024

 

INTRODUCTION

 

Overview: Virtual Care Rehab Inc., a business incorporated under the Federal laws of Canada (referred to hereinafter as “VCR”, “our”, “we” and/or “us”) owns and operates the website www.virtualcarerehab.ca  and other related websites and mobile applications (collectively, the “Site”) through which VCR provides a digital communications platform (the “Services”) to facilitate virtual healthcare consultations and appointments between VCR’s associated health professionals (“Health Care Providers”) and you (a “User”).

 

These Terms of Service ("Terms") are made between each User, the Health Care Providers, and VCR and cover a User’s (also referred to hereinafter as “you” and “your” and collectively, “Users”) use and access to the Site and the terms and conditions applicable to your use of the Services.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE OR USING THE SERVICES.

 

Acceptance of Terms: By indicating your acceptance of these Terms, accessing our Site or using any of the Services, you agree to be bound by and abide by these Terms, as may be amended from time to time, including our Privacy Policy and any additional policies referenced herein.

 

Amendments to Terms. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms from time to time, and your continued use of our Site and the Services constitutes your agreement to all such changes. You can review the most current version of the Terms at any time on this page. It is your responsibility to check our Site periodically for changes. If you access any of our social media pages, these Terms are in addition to any terms and conditions governing such social media platforms.

 

Amendments to Site and Services. VCR reserves the right, in its sole discretion, without any obligation and without any notice requirement, to update, improve, change or discontinue the Site and its content and/or our Services, or any part thereof, including, without limitation, information, materials, descriptions and functionality and to suspend and/or deny access to the Site or Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections. VCR shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Site and/or our Services.

 

Correcting Errors: Occasionally there may be information on the Site or on our telecommunications platform that contains typographical errors, inaccuracies or omissions relating to product or service descriptions, pricing, promotions, offers, and other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in or on any related sites is inaccurate at any time without prior notice to you (including after you have submitted your order).

 

Privacy: By accessing our Services, you agree that we can collect and use your information in accordance with our Privacy Policy.

 

Site Content and Third-Party Links: The content of the Site is provided to you for informational purposes only. It is not intended to be and should not be taken as medical advice or an endorsement, representation or warranty regarding any particular medication or treatment. The Site may also contain links to third-party websites, which are provided for convenience only. We do not make any representations or warranties of any kind in connection with such third-party content. In no event shall VCR be responsible for the information contained on such sites or services, or your use of or inability to use such site or services. You should also be aware that the terms and conditions of such third-party site or services and their privacy policies may be different from those applicable to your use of our Site and Services. We have no liability or responsibility for the third-party content, products or services available on any third-party websites. We expressly disclaim all liability with respect to any reliance on any information and content found on our Site or third-party websites that are accessible from links on our website.

 

USER ACCOUNT 


In order to access the Services, you will be required to register for and maintain a user account (“User Account”). You may only possess one User Account at any time. As part of the process to set up your User Account, you will be required to submit to VCR personal information, such as your name and email. By setting up your User Account, you agree to maintain true, accurate, complete, and up-to-date information in your User Account. You are responsible to keep your User Account information, including your username and password secure and confidential, and not share that information with anyone else. You are also responsible for keeping your devices secure, to prevent unauthorized use and access of any passwords and account information, and for all activities that occur under your User Account.


VCR has the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof) if: (i) you provide, or VCR has reasonable grounds to believe you have provided, inaccurate, incomplete information or information that is not current; (ii) you breach any of these Terms; (iii) for any reason to protect the security of the Site and your User Account information; or (iv) otherwise in accordance with these Terms or for any other reason.

 

COMMUNICATIONS FROM VCR

 

When registering for a User Account, we may collect your phone number and email address. VCR and its agents may contact you by text message (SMS) and/or by email for a range of reasons. These messages may be administrative in nature, such as reminders of upcoming appointments. These messages may also be promotional in nature, alerting you about our products and services. Receiving such messages is optional, and should you wish to stop receiving administrative and/or promotional messages from VCR, please reach out to our customer service team, indicating your desire to unsubscribe. You will also have the option to unsubscribe from promotional messages directly in the promotional message.

USER CONTENT

In accessing the Services, you may have the opportunity to interact with other Users and Health Care Providers by submitting questions, comments, suggestions, service reviews or other information via the Site, outside of your appointments with Health Care Providers (the “User Content”). In submitting User Content, you agree not to share any personal information or personal health information.

 

In submitting any User Content you: (i) acknowledge and agree that any User Content that you provide to VCR is not confidential and you grant VCR a worldwide, perpetual, irrevocable, transferrable, royalty-free license to exploit, in any manner such User Content in all available formats without further notice or consent from you; (ii) agree that VCR will be entitled use and disseminate User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iii) grant VCR and those we work with  the right to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, publicly display, and distribute User Content; and (iv) represent and warrant that: (a) you own and control all of the rights to the User Content that you submit, or that you otherwise have the right to submit such User Content in connection with the use of the Services; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content will not violate any rights of or cause injury to any person or entity.

VCR further reserves the right in its sole discretion to investigate, delete, remove or disable access to any User Content, suspend or terminate your User Account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason.

In accessing the Services, you further acknowledge that VCR does not endorse, warrant or make any representations regarding any products or services, and any third-party reviews posted by others do not represent the views of VCR. VCR takes no responsibility and assumes no liability for any comments posted by you or any third-party.

 

SERVICES

 

Use of Services and Medical Decisions: In order to use the Services, Users must have the capacity to make medical decisions (as determined by the applicable Health Care Provider in their discretion) or be accompanied by a legal guardian (or power of attorney) who has the authority to make decisions for them.

 

VCR Not Responsible for Advice of Health Care Providers: VCR operates a platform that connects Health Care Providers with Users. All Services will be provided by Health Care Providers that operate independently from VCR. Such Health Care Providers are solely responsible for the quality of advice, care and/or services they provide to Users, and for adhering to their licensing requirements and professional standards. VCR does not deliver any health advice or services itself and does not make any warranty or representations regarding the quality, appropriateness, or suitability of any of the Services. VCR cannot guarantee any particular outcome for you and will not be responsible for any damages caused or suffered in connection with any information or advice obtained via the Services.  

 

Communications: Subject to applicable privacy laws and our Privacy Policy, your interactions with Health Care Providers may be monitored by VCR. However, VCR makes no representation that it moderates such interactions.

 

Patient-Provider Relationship: Health Care Providers are responsible for diagnosing and providing treatment and/or recommendations to a User within the scope of such Health Care Provider’s professional designation, and/or referring a User to third-parties for care (as may be applicable), and to establish the Health Care Provider-patient relationship with a User. No Health Care Provider-patient relationship is created between any User and VCR and VCR does not assume any responsibility in respect thereof.

 

Not Primary Care: Consulting with Health Care Providers via VCR is not intended to be a permanent healthcare service or a substitute for in-person care.  

 

Not for Emergency Situations: Services received through VCR are not appropriate for emergency situations. If you are experiencing a medical emergency, or any situation where time is of the essence, you should seek emergency services immediately.  

 

Confidentiality: When using the Services, the respective parties will communicate using online messaging, video calling, phone and other channels. The online messaging and video calling channels provided by VCR will encrypt communications while they are in transit from the User to the Health Care Provider, using industry standard practices. You are responsible for ensuring the security of your own device and understand that weaknesses in your device security may compromise the confidentiality of your information.

 

Physical Assessment: Due to the virtual nature of the Services, Health Care Providers are not able to perform a direct physical assessment as part of the Services they offer. Health Care Providers will rely on the User to provide accurate historical health information and may ask you to assist in performing some types of physical examinations, both of which may give rise to potential risks. These risks include, but are not limited to, falls or other physical injury and the possibility that the information received by Health Care Providers is inaccurate, insufficient or lacking historical health context. These risks as they relate to information may affect the Services in a number of ways, including, but not limited to: quality and appropriateness of care, diagnoses, recommendations, and/or advice from the Health Care Providers.

 

Health Care Provider Recommendations: Health Care Providers will use their best discretion to make recommendations given the information they have available to them. However, no results can be guaranteed. Due to the limitations of providing Services remotely, Health Care Providers, in many cases, may recommend you visit an in-person provider for further assessment. You acknowledge that you will not be entitled to a refund if a Health Care Provider is unable to provide a definite recommendation or if the ultimate recommendation is that you should seek an in-person follow-up. VCR does not provide in-person care at this time.

 

Healthcare Records: Subject to the terms of our Privacy Policy, we will forward your healthcare records related to Services rendered and any care or treatment received from Health Care Providers to your regular healthcare provider or such other person(s) as you may direct.

 

FEES

 

Agreement to Pay Fees: By placing an order for any Services through our Site, you agree to pay all applicable fees or charges associated with such Service. You authorize us to electronically store your credit card information and to bill your credit card on file for any and all fees and other amounts payable in connection with your use of our platform and services as and when due, including, without limitation, any fees for missed or cancelled appointments. If VCR is unable to collect payment through the payment method you provided or there are any abnormalities in the payment, VCR may withhold Service and/or access to the Site, until the issue has been resolved.

 

Late Cancellation/Missed Appointments: Your appointment time is reserved just for you. A late cancellation or missed visit leaves a hole in your health care provider’s day that could have been filled by another User. As such, we require at least 24 hours’ notice for any cancellations or changes to your appointment. If you provide us with less than 24 hours’ notice, or miss your appointment, you will be charged 50% of the fees which would have been payable had you attended your appointment.

Refund Entitlement: You are entitled to a refund if VCR or its Health Care Providers encounter a problem and are not able to provide you with the Services ordered. Unfortunately, we are unable to provide any refunds if you miss an appointment for Services, or any part thereof, as a result of technical difficulties on your end. In the event that VCR does not provide you with the Service you ordered, and you believe that you are entitled to a refund, please reach out to our customer service team.

 

Expenses: You agree that you are solely responsible for any charges or expenses you may incur as a result of accessing the Services, including, but not limited to, mobile data charges, bandwidth charges, and any other charge that may be incurred directly or indirectly by accessing the Site or Services.

 

INTELLECTUAL PROPERTY

 

All information and content transmitted over the Site, including but not limited to text, graphics, messages, video calls, phone calls, and code is copyrighted, and the property of VCR, its affiliates or its Health Care Providers. ALL RIGHTS ARE RESERVED. You may use the Site and Services solely for your own use. Any and all other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site, or altering any of the information or materials is strictly prohibited.

 

All trade-marks, service marks and trade names used on the Site or in connection with the Services, and other information and materials, are trade-marks of VCR. You are prohibited from using any such marks for any purpose without the written permission of VCR or such third party, which may own the marks. If you copy or download any information or content from the Site or while using the Services, you agree that you will not remove or obscure any copyright or trademark or other notices or legends contained in any such information.

 

PROHIBITED USES

 

You are prohibited from:

 

  • using the Services for any unlawful purpose or in any manner inconsistent with the rights granted herein;

  • infringing upon or violating our intellectual property rights or the intellectual property rights of others;

  • submitting false or misleading information;

  • uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services or any related websites;

  • selling, licensing, sublicensing, distributing, leasing or otherwise transferring or allowing the transfer of any information, communications or documentation provided to you in connection with your use of the Site or Services to third parties;

  • permitting access to the Services to any third party or unauthorized user;

  • for any reason that would violate these Terms; and

  • using the Services for the purpose of recruiting or otherwise soliciting Health Care Providers.

 

We reserve the right to terminate your use of any of our Services for breach of this provision.

 

JURISDICTION AND ACCESS TO CARE

 

The Services are controlled and operated from the province of Ontario and VCR presently engages Health Care Providers licensed to treat persons located in Ontario, Saskatchewan and British Columbia, Canada (which coverage is subject to change, without notice). VCR makes no representation as to the appropriateness or availability of Health Care Providers to provide care or advice to persons in any jurisdiction. In accessing VCR’s Site or Services, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.

 

DISCLAIMERS

 

You acknowledge that VCR operates the Site and provides the digital telehealth platform that connects Users with independent Health Care Providers. VCR does not provide any health care services. Our Site and Services are provided “AS IS” and “AS AVAILABLE”. You use the Site and the Services at your own risk. VCR does not review, approve, verify, endorse, or make any other warranties or representations about the accuracy, reliability, availability, suitability, completeness, appropriateness or timeliness of our Site or the Services provided by Health Care Providers. In no event will VCR be liable for any damages or liability resulting from the use of the Site or Services. You agree and acknowledge that any Health Care Provider you interact with through our Services is solely responsible for all aspects of the Services they may provide to you, including but not limited to, diagnoses, treatments, advice, recommendations, instructions, or other health care services they may provide.

Other than as may be expressly provided in writing by VCR in connection with your use of the Site and/or Services and to the fullest extent permitted by applicable law, VCR does not provide any warranties, either express or implied, for any particular purpose and expressly disclaims all representations and warranties whether express or implied, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Further, VCR does not represent or warrant to you that: (a) your use of the Site or Services will meet your requirements; (b) your use of the Site or Services will be uninterrupted, timely, secure or free from error; or (c) any information obtained by you as a result of your use of the Site or Services will meet any particular standards. VCR is not responsible for and disclaims all liability related to delays, delivery failures, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile and personal computing devices and third-party service providers.

 

In no event shall VCR be liable to you for any costs or damages resulting from your use of the Site or Services, your use of your User Account or your release of any account information to a third party.

 

WAIVER/RELEASE OF CLAIMS AND LIMITATION OF LIABILITY

 

Waiver: To the fullest extent permitted by applicable law, you hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against VCR, its affiliates, and their respective officers, directors, shareholders, employees, and agents (the “Releasees”) and you, on your own behalf and on behalf of those for whom in law you are responsible, hereby release and forever discharge the Releasees from any and all claims and liability for or in respect or arising out of your: (i) use of or reliance on our Site and/or Services, or your inability to access or use the Site and/or Services; or (ii) any information, advice, treatment or other care received or obtained from a Health Care Provider.

 

Limitation of Liability: In no event will VCR or any of the other Releasees be liable for indirect, special, incidental, consequential, exemplary, or punitive damages of any type or kind, including, without limitation, for professional negligence or damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site and/or Services, even if we have been advised of the possibility of such damages. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to breach of contract, negligence, tort or any other legal theory, and survives a fundamental breach or failure of the essential purpose of the terms.  

 

Further, to the fullest extent permitted by applicable law, the maximum aggregate liability, including but not limited to applicable legal fees and court costs, of VCR or any of the other Releasees to you concerning or in any way related to the Terms and your use of the Site or Services is limited to direct damages in an amount not to exceed fees, if any, you have paid to us for the most recent one (1) month period immediately preceding the event giving rise to such claim.

 

INDEMNITY

 

You agree to indemnify, hold harmless and defend VCR and the other Releasees (collectively, the “Indemnified Parties”) from and against any action, suit, claim, demand, liability, damage, loss, cost and/or expense (including, without limitation, legal fees) which may be made or brought against the Indemnified Parties or any of them or which any of them may suffer or incur as a result of, in respect of, or arising out of: (i) any breach by you of these Terms; (ii) any non-fulfillment by you of any covenant or agreement under these Terms; (iii) any breach by you, whether by commission or omission, of any of your obligations, representations or warranties under these Terms; (iv) any content you post, store or otherwise transmit on or through our Site or otherwise in connection with your use of the Services; and/or (v) any violation by you of any law or rights of any third party in the use of the Services.

 

LICENSE AND USE OF THE SERVICE

 

Subject to these Terms, upon creation of a User Account, VCR hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to access and use the Site and the Services for your own personal and non-commercial purposes. 

Any rights not expressly granted herein are reserved by VCR.

You shall not, directly or indirectly: (i) in any way modify, adapt or otherwise create derivative works of the content, information or related materials that are made available through the Site or Services; (ii) reproduce, reverse engineer, modify, license, sell, resell, transfer, publicly display, broadcast, remove, delete, alter or obscure or otherwise exploit any copyright, trademark or other intellectual property or proprietary rights notices made available through the Site or Services except as expressly permitted by VCR; (iii) reproduce, license, sell, resell, transfer, publicly display, broadcast, or otherwise exploit any information, advice or communications made available through the Site or Services, except as expressly permitted by VCR; (iv) distribute viruses or other harmful computer code through the Site; (v) impersonate any person or entity; or (vi) use the Site or Services in violation of any law.

 

You acknowledge and agree that the Services are provided under license of use only, and not for any other purpose.

 

TERM AND TERMINATION

 

These Terms will remain in effect so long as you access or use Site or Services, or until you cancel your Services or request your account be deleted. We reserve the right to maintain, delete or destroy any User Account and/or User Content in accordance with our record retention policies and applicable laws.

 

GENERAL

 

Applicable Law: These Terms will be governed by and construed under and pursuant to the laws of the Province of Ontario without giving effect to its conflict of law provisions and the parties hereby irrevocably submit to the jurisdiction of the courts of Ontario.

 

Interpretation: Section headings are included for convenience of reference only and shall not affect the construction or interpretation of these Terms. This Agreement shall not be construed against VCR by reason of the drafting or preparation of these Terms.

 

Severability: If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Survival of Terms: These Terms will remain in effect so long as is necessary to give full effect to your past, present and/or future use of the Site and Services.

 

Entire Agreement: These Terms and any further terms provided to you by VCR upon or in connection with your use of the Site and Services and constitute the entire agreement between you and VCR with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements.  

 

QUESTIONS

For questions regarding the Services please contact: admin@virtualcarerehab.com

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