Terms of Service (February 23-2021)
- These Terms of Service are entered into by and between You and Heal@Home (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service“), govern your access to and use of https://healathome.ca/, including any content, functionality, and services (“Services”) offered on or through https://healathome.ca/ (“H@H” or the “App”), whether as a guest or a registered user.
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you do not meet all of these requirements, you must not access or use the App.
- This App is offered and available to users in Canada and the United States.
Nature of Service
What is Telehealth?
- Telehealth is the remote delivery of services, achieved using technology, and typically occurs when the provider and client are not in the same physical location. User information is transmitted electronically and may be used for diagnosis, treatment, follow-up, and/or client education. Any and all client records, including but not limited to, client medical records, medical images, interactive audio, interactive video, data communications, output data from medical devices, sound and video files can be included.
- H@H is a telehealth platform designed to work with you in a more accessible and efficient way to treat Alcohol Use Disorder using a combination of live therapies, tools and medication prescriptions when needed.
- H@H employs a high level of network and software security protocols to protect the confidentiality of patient information and data. Measures to safeguard patient data and to aid in protecting against intentional or unintentional corruption of health information are in place. All existing laws regarding privacy and security of your health information and copies of your medical records apply to this telemedicine health service, as well as the audio and video information transmitted and received.
- There are some risks associated with telehealth, such as:
- Information transmitted to your provider(s) may not be sufficient to allow for appropriate decision making by the provider(s).
- The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.
- Delays in evaluation/treatment could occur due to failures of the technology.
- Security protocols or safeguards could fail causing a breach of privacy.
- Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions, may be limited.
- You consent to telehealth by H@H after reviewing and understanding the above. By this consent, you acknowledge your understanding and agreement to the following:
- You have read these Terms of Service carefully, and understand the risks and benefits of the use of telehealth in the treatment provided to you through H@H’s platform.
- You give your informed consent to the use of telehealth with H@H.
- You understand that the delivery of services via telehealth is an evolving field and that the use of telehealth in your treatment may include uses of technology not specifically described in this consent.
- You understand that while the use of telehealth may provide potential benefits to you, as with any care service, no such benefits or specific results can be guaranteed. Your condition may not be improved, and in some cases, may get worse.
- You understand that providers affiliated with H@H may determine in their sole discretion that your condition is not suitable for treatment using telehealth, and that you may need to seek treatment in-person or from an alternative source.
- You understand that the same confidentiality and privacy protections that apply to your other health care services also apply to these telehealth services.
- You understand that you have access to all of your health and wellness information pertaining to telehealth services in accordance with applicable laws and regulations.
- You may withhold or withdraw consent to a telehealth service at any time before or during the consult without affecting the right to future care or treatment. The request to revoke consent must be in writing and received by H@H, otherwise, this consent will be considered renewed upon each new telemedicine consultation through H@H.
Not Medical Care
- The telehealth Services you receive on the App are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
- You should advise your primary care physician of your care with H@H and all medication you may be prescribed over H@H, and also advise your health care provider on the H@H digital health platform of all medications you are taking and all medical conditions you have to optimize care and reduce the risk of contraindicated drug interactions or treatments. In other words, be transparent with all of your health care providers, including those on the H@H digital health platform regarding all medications, whether prescribed or over-the-counter, legal or illegal and all medical conditions you have for your safety.
- H@H is not covered by any public insurance plan in Canada. It is an entirely private sector service.
- All providers on H@H are independent contractors and are not employees of H@H. The H@H digital health platform treats Alcohol Use Disorder using pharmaceutical extinction (also called pharmacological extinction or the Sinclair Method). It is not an all-purpose digital health platform and does not treat other physical ailments except those related directly to pharmaceutical extinction which includes, but are not limited to, primarily potential side-effects of the medication we prescribe.
- All of the treating providers who deliver Services through H@H are independent professionals solely responsible for the Services each provides to you. Each provider on H@H is responsible for his or her practice and compliance with the requirements applicable to his or her profession and license.
- Any prescriptions and lab orders are issued solely by H@H providers. H@H is not a lab or a pharmacy and your purchases of medications and lab tests are not included in the Services on the App.
Reliance on Information on App
- The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
- This App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Heal@Home does not provide urgent medical advice or services through its digital health platform. Heal@Home does not treat crisis or withdrawal.
- If you or someone you are with is in crisis, call 911 immediately or go to the nearest hospital emergency room.
Accessing the App
- H@H is a mobile application. All of the Services offered on the App are provided over mobile devices only.
- If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
- In no event and under no circumstances shall Heal@Home be held liable to you for any liabilities or damages resulting from or arising out of your use of the App, your use of your account information or your release of the account information to a third party. You may not use anyone else’s account at any time.
- You shall be responsible for obtaining access to the App and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the App. It is your responsibility to ascertain whether any information or materials downloaded from the App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Subject to the foregoing, H@H hereby grants to you a limited, non-exclusive, nontransferable right to access the App solely for your personal non-commercial use and only as permitted under these Terms of Service and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion, to deny or suspend use of the App to anyone for any reason.
- You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the App to violate any local, provincial, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App; (d) distribute viruses or other harmful computer code through the App or (e) otherwise use the App in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with the providers through the App and to refrain from contacting treating providers for telehealth services outside of the App.
- The App is not available for use by minors under the age of 18.
- All bookings for Services must be made through the App.
- Additional terms and conditions may also apply to specific portions, services, or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
- Prices for our Services are subject to change without notice.
- You agree to provide current, complete, and accurate purchase and account information for all bookings. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Fees and Payment
- H@H reserves the right to change its price list and adopt new charges at any time upon prior notice to you, which may be sent by email or posted on the App. Use of the App by you following such notification constitutes your acceptance of any new or increased charges.
- In the event that you need to cancel or reschedule a booking on the App, H@H requires a minimum of twenty-four (24) hours’ advance written notice. The following rules apply:
- A cancellation with 24+ hours’ notice shall be rescheduled to a new booking to be determined by H@H.
- A cancellation with less than 24 hours’ written notice, or no written notice at all, will be considered a “missed appointment”. Missed appointments cannot be rescheduled, made up, or refunded.
- Services are purchased as a single package of bookings that cannot be unbundled or broken up.
- While individual bookings may be rescheduled as per the Cancellation policy above, there are absolutely no refunds for any packages sold or any parts thereof. The providers have pre-booked your bookings in their calendars.
Prohibited Uses of App
- You may use the App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the App in any of the following ways:
- In any way that violates any applicable laws or regulations of Canada, the United States or any European Union member state, or any state or province within them, or other federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the User Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.
- Additionally, you agree not to do any of the following:
- Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
- Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the App.
Termination of Registration
- You may deactivate your H@H account and end your registration at any time, for any reason by sending an email to email@example.com
- H@H may suspend or terminate your use of the App, your account and/or registration for any reason at any time. Subject to applicable law, H@H reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, H@H will have no further obligation to provide the Services.
Third Party Links
- The App may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- You acknowledge and agree that the App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that H@H shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
- The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App.
- You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Service and the User Content Standards (defined below).
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.
- All User Contributions must comply with the User Content Standards (defined below) set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
- However, we cannot/do not undertake to review all material before it is posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Content Standards
- These content standards (“User Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
- Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Service.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action any of the foregoing parties during, or taken as a consequence of, investigations by either the such parties or law enforcement authorities.
- The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian, United State and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- These Terms of Service permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- You must not:
- Modify copies of any materials from the App.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the App or any services or materials available through the App. If you wish to make any use of material on the App other than that set out in this section, please address your request to: firstname.lastname@example.org
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Service, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
- The Company name, the term Heal@Home, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
- Your use of the App, its content, and any services or items obtained through the App is at your own risk. The App, its content, and any services or items obtained through the App are provided on an “As is” and “As available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the App. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the App, its content, or any services or items obtained through the App will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the App or any services or items obtained through the App will otherwise meet your needs or expectations.
- CLIENTS USE THE SERVICES ON THIS PLATFORM AT THEIR OWN RISK. You should not rely on the information on this channel as professional medical advice or use it to replace any relationship with your physician or other licensed healthcare provider. For medical concerns and/or decision making, including decisions about medication and other treatments, always consult a physician or, in serious cases, seek immediate assistance from emergency personnel.
- It is your responsibility to evaluate the information provided through the Services. If you are a client, you should evaluate the information together with your physician and/or another qualified healthcare professional.
- WE DO NOT MAKE REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR PLATFORM, APP, WEBSITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- You are responsible for privacy around where you use the App or app. H@H is not responsible for any interactions with treating providers that are not conducted through the App.
- Information sent or received over the Internet is generally unsecure and H@H cannot and does not make any representation or warranty concerning security of any communication to or from the App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. H@H will not be liable for any loss or damage arising from your failure to comply with these requirements.
- As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and H@H. H@H cannot ensure the security or confidentiality of messages sent by email.
- To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App or Services, any Apps linked to it, any content on the App or such other Apps, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
- You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the App.
App Discontinuance / Changes
- We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.
Place of Law & Forum Selection
- H@H operates from its offices within the Province of Ontario, Canada. The platform and App can be accessed from Canada, the United States, and from other countries worldwide.
- Since the laws of each state or country able to access the App and platform may differ, by accessing both you and H@H agree that the laws and regulations in effect are those in the Province of Ontario and Canada, without giving effect to any principles of conflict of law and will apply to all matters relating to use of our App and Services. The federal or provincial courts of Ontario shall have exclusive jurisdiction over any disputes arising out of these Terms.
- This App, platform and its contents are intended to comply with the laws and regulations of Canada and the United States. Although the information is accessible to users outside of Canada and the United States, the information pertaining to H@H products or services is intended for use only by residents of Canada and the United States. Other countries may have laws, rules and regulatory requirements that differ from those in Canada and the United States. Heal@Home makes no representation that materials on its App and platform are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App and platform from other locations do so on their own initiative and are responsible for compliance with local laws. H@H reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this app is void where prohibited.
Waiver and Severability
- No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
- If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Changes to Terms of Service
- We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.
- Your continued use of the App following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this App so you are aware of any changes, as they are binding on you.
Your Comments and Concerns
- All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: email@example.com.