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The Essential Clinic Terms of Service was updated on January 21, 2021.
These Terms of Service (" Terms") govern the access and/or use, by individuals who have requested services from Essential Clinic ( "you", " your", " User"), of applications, websites, content, products and services (collectively referred to as the " Essential Clinic Platform"), owned and operated by Pixineers Inc. doing business as Essential Clinic.ca (" Essential Clinic", " we", " us"). For clarity, these Terms set out circumstances in which you may use the Essential Clinic Platform on behalf of another individual, and where you are doing so (as permitted), references to " you" and " your" in these Terms any other individual listed in your account for whom you have the legal authority to seek Healthcare Services as defined below (each a "Registered Dependent"). You represent and warrant that you have the legal capacity to act on behalf of a Registered Dependent.
By accessing and using the Essential Clinic Platform you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Essential Clinic. If you do not agree to these Terms at any point, you must immediately cease accessing the Essential Clinic Platform.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Essential Clinic Platform after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
On notice to you, Essential Clinic may immediately terminate these Terms and/or access to the Essential Clinic Platform, or generally cease offering or deny access to the Essential Clinic Platform or any portion thereof, at any time, for any reason.
All physicians and nurse practitioners providing Healthcare Services or Informational Services, as defined below, (each an " Authorized Clinicians") are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada. Essential Clinic is not a healthcare provider. Authorized Clinicians alone are responsible for the Healthcare Services and Informational Services they provide through the Essential Clinic Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Clinicians may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Clinician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the "College of Physicians and Surgeons" or "College of Nurses" of the Province), in the Province or Territory in which the Clinician Practices.
Clinicians may provide two kinds of services through the Essential Clinic Platform: health care services (" Healthcare Services") and/or general information about diseases and conditions and how they are treated in Canada (" Informational Services").
Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the clinician are not in the same physical location. During your telemedicine consultation with an Authorized Clinician, you will be asked to provide the Authorized Clinician certain Personal Information including Personal Health Information (collectively referred to together as " Personal Information"). When discussing Healthcare Services, information typically refers to Personal Health Information (" PHI"), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The type of services that are available to you through the Essential Clinic Platform depends on your province of residence and the location you are in at the time you request the services. Currently, the Healthcare Services are available to Canadian residents (excluding those located in Prince Edward Island). This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
Healthcare Services will only be made available to you if you are a temporary or permanent resident of Canada, whether or not physically in the Country at the time that you request the Healthcare Services (" Residency Requirements"). The relationship between you and an Authorized Clinician providing Healthcare Services is a provider-patient relationship. Essential Clinic is not a party to that relationship.
There are restrictions on the Healthcare Services that can be provided through the Essential Clinic Platform. YOU MUST NOT USE THE ESSENTIAL CLINIC PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
In addition to the limitations set out above, Authorized Clinicians are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED CLINICIAN ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN, NURSE PRACTITIONER, OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
If you experience any side effects after taking the medication and would like to talk to one of our Authorized Clinicians about it, go to https://health.essentialclinic.ca and click "Submit a request". Your pharmacist can also answer any questions you have on side effects. You should also report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.
Authorized Clinicians have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.
Not a Replacement for Primary Care. Please note that interaction with an Authorized Clinician through the Essential Clinic Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Clinician. Unless otherwise specified on the Platform, we do not provide your family physician with a report about the Healthcare Services that you receive through the Essential Clinic Platform. So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them.
Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone in radio show), and are not Healthcare Services. The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment. Essential Clinic is not a party to your relationship with an Authorized Clinician providing Informational Services.
Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Essential Clinic and Authorized Clinicians providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Essential Clinic or an Authorized Clinician directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.
Authorized Clinicians have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.
The Essential Clinic Platform and Healthcare Services
The Essential Clinic Platform enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, for you. The Essential Clinic Platform and Healthcare Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Healthcare Services. By using the Essential Clinic Platform and Healthcare Services, you represent and warrant that you, or any Registered Dependent, meets the Residency Requirements at the time that the Healthcare Services are provided. You agree that the Essential Clinic Platform is made available solely for your personal and non-commercial use.
The Essential Clinic Platform also enables you to: store Information (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Clinicians; and receive and store prescriptions among other documents, from Authorized Clinicians electronically. The Essential Clinic Platform may offer optional services that Essential Clinic will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a clinician of your choice; and fax securely your prescription to a third-party pharmacy partner of Essential Clinic (or your chosen pharmacy).
The Essential Clinic Platform and Healthcare Services
The Essential Clinic Platform enables you to access the online provision of general medical information from Authorized Clinicians. You acknowledge and agree that the Essential Clinic Platform and Informational Services are made available solely for your personal and non-commercial use.
BY REGISTERING TO USE THE Essential Clinic PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
None of the information or materials (collectively, excluding Healthcare Services, ("Content")) available through the Essential Clinic Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with an Authorized Clinician, your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.
The Essential Clinic Platform, all Contents and rights therein, except PHI, are and shall remain Essential Clinic's property or the property of Essential Clinic's licensors. Neither these Terms nor your use of the Essential Clinic Platform convey or grant to you any rights to use or reference in any manner Essential Clinic's brand elements, company name, logo, product and service names, trademarks or services marks or those of Essential Clinic's licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.
You hereby grant to Essential Clinic a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right to access, use, process, store, collect, disclose, and transmit anonymized data, information or other materials, which are generated from your use of the Services (such data, information and materials, the " Aggregated Data"). This information shall not include any personal information or Personal Health Information. Company shall own this Aggregated Data and may use Aggregated Data for any purpose and without restriction or obligation.
In order to use the Essential Clinic Platform, including obtaining Healthcare Services or Informational Services, you may have to register for and maintain an active personal account ("User Account"). You must be at least 18 years of age to create a User Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your User Account. You may have to create a separate "profile" for each Registered Dependent, which will include the person's name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Essential Clinic in writing, you may only possess one User Account.
While using the Essential Clinic Platform, you may not, and represent and promise that you will not:
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Essential Clinic Platform, including Authorized Clinicians. You agree that you will not contact Authorized Clinicians in respect of Healthcare Services or Informational Services except through the Essential Clinic Platform. For clarity, Essential Clinic has no interest in or control over any interaction that you may have with Authorized Clinicians outside the Essential Clinic Platform and unrelated to Healthcare Services or Informational Services.
As set out above, Essential Clinic reserves the right to terminate any User's access or use of the Essential Clinic Platform at any time, for any reason. If your User Account is terminated, Essential Clinic will have no further obligation to provide access to the Essential Clinic Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Clinicians in connection with his or her professional obligations to you.
Like certain other health professional services, Healthcare Services are provided for a fee. Fees for consultation with Authorized Clinicians and purchase of medications are published on our Website. Some or all of the fees may be covered by the provincial health plan in your Province or Territory of residence or may be reimbursable under a private health plan. Where you have questions about fees charged for Healthcare Services, please contact us.
You understand that you will be charged a fee for any Healthcare Services and/or Informational Services you receive from an Authorized Clinicians, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms.
Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Authorized Clinician. All fees for Healthcare Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.
Unless otherwise indicated, fees for Healthcare Services and Informational Services (" Fees") are payable at the time you request Healthcare Services and/or Informational Services. Essential Clinic requires you to submit credit card information prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services or Informational Services through the Essential Clinic Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Essential Clinic, on behalf of Authorized Clinicians, may validate your credit card and charge it in the amount of the Fees. Essential Clinic will notify you of any applicable Fees and provide you with a receipt for the Fees you pay.
If you opt in to have your prescription auto-renewed by Essential Clinic (and its pharmacy partners), then Essential Clinic will charge your credit card on a recurring basis, in accordance with your subscription term, until you cancel the subscription. Notwithstanding the foregoing, Essential Clinic may require you to provide annual medical history updates before renewing prescriptions beyond a year.
THE ESSENTIAL CLINIC PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." ESSENTIAL CLINIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ESSENTIAL CLINIC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE ESSENTIAL CLINIC PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ESSENTIAL CLINIC DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE ESSENTIAL CLINIC PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES PROVIDED BY ESSENTIAL CLINIC OR AN AUTHORIZED CLINICIAN.
UNDER NO CIRCUMSTANCE SHALL ESSENTIAL CLINIC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE ESSENTIAL CLINIC PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED CLINICIANS. ESSENTIAL CLINIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE ESSENTIAL CLINIC PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE ESSENTIAL CLINIC PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED CLINICIAN. ESSENTIAL CLINIC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ESSENTIAL CLINIC 'S REASONABLE CONTROL. YOU AGREE THAT ESSENTIAL CLINIC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE ESSENTIAL CLINIC SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED CLINICIANS, ANY MEDICAL ADVICE PROVIDED BY AN AUTHORIZED CLINICIAN, OR ANY PERSCRIPTION MEDICATION TAKEN BY YOU.
No liability for computers or networks used to access your account
Essential Clinic is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Essential Clinic Platform.
You agree to indemnify and hold Essential Clinic (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Essential Clinic Platform, Healthcare Services and/or Informational Services obtained through your use of the Essential Clinic Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Clinicians, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the Essential Clinic Platform, you may use certain services that are not provided by Essential Clinic and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by Essential Clinic, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Essential Clinic.
Entire Agreement. These Terms constitute the entire agreement and understanding of Essential Clinic and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Essential Clinic Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Essential Clinic's prior written consent. Essential Clinic may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Language: The parties acknowledge that they have expressly required that this agreement and all related documents be drafted in the English language. Les parties reconnaissent avoir expressément exigé que le présent convention et tous les documents connexes soient rédigés en langue anglaise.