TERMS AND CONDITIONS
Terms and Conditions last updated on September 9, 2019
ABOUT THE TERMS
HealthCasa Ltd. and its predecessors, successors, licensors, beneficiaries, assigns, and/or affiliates are collectively referred to herein as, “HealthCasa,” “HealthCasa Platform,” “we,” “us,” “our,” and other similar terms. HealthCasa and the HealthCasa Platform encompass the following: (i) our website located at http://www.healthcasa.com (the “Website”) and all subdomains; (ii) any other web application versions of the App (the “Web App”); (iii) any other web or mobile applications that we have currently or at any point in the future; (iv) any additional software, services, or features provided by HealthCasa for use with the App or otherwise; and (v) our administrative and support services related to your use of the App, Website, Web App or any other software, web or mobile application offered.
Acceptance of the Terms
By using the HealthCasa Platform and/or downloading and/or using any of its Apps or software, you indicate your acceptance of the Terms and Conditions. If you do not agree to these Terms, you must stop using the HealthCasa Platform.
Interpretation of the Terms
All Terms are to be interpreted pursuant to the sole discretion of HealthCasa. If you have any questions about the interpretation of these Terms, please email us at email@example.com
Amendments of the Terms
HealthCasa reserves the right to amend any of these Terms at any time, in its sole discretion, with or without notice. The Terms will always include the “last-updated” date at the top of the document. It is recommended that you review the Terms from time to time as well as any other terms or policies incorporated into them. Changes to the Terms will take immediate effect upon being incorporated on the Website or the App. If, at any point, you do not agree with the amendments to the Terms, you must stop using the HealthCasa platform with no further obligation to us.
Requirements to use HealthCasa
You must meet the following minimum requirements to be an active user of the HealthCasa Platform:
You must have a valid mobile phone number with SMS messaging;
You must have a valid email address for which you can confirm your ownership;
You must have access to the internet through either a Wi-Fi connection or a data plan.
You acknowledge that your wireless provider may levy additional charges for data or SMS usage. HealthCasa is in no way responsible for such charges.
Minimum age and Eligibility
You are eligible to use the HealthCasa platform if:
You are at least 18 years of age;
You are in an area where we offer services;
You complete the registration process on the HealthCasa Website and provide true, accurate, current and complete information about yourself.
There is no fee to create a user account with HealthCasa. We reserve the right to introduce a fee for either the download of the App or the creation of an account at some point in the future. We will inform you and allow you either to continue or terminate your account if such a fee is introduced.
Patient Profile and Account Access
As part of the registration process, you will be asked to enter a valid email address, which will be used as your user name, and create a secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activity linked to your account. You must keep your password safe and not share it with any other party. You must activate a timed screen lock with a pattern or passcode on any personal device used to access your HealthCasa Account, as well as logout of the HealthCasa Website or App when not using it. You acknowledge that if you choose to keep any HealthCasa data or information on your device, HealthCasa is not and cannot be responsible for the security of that data or information. HealthCasa will not be responsible for any unauthorized use of your account by a third party. You agree to notify HealthCasa immediately of any unauthorized use of your account by third parties or any other breach of security.
HealthCasa allows you to create profiles for Minors to whom you are a legal guardian. You may not create profiles for any person who is 18 years of age or older (not a Minor).
HealthCasa has full and sole discretion over approving your account after it is created. HealthCasa may withdraw this approval at any time, with or without notification.
If you forget your password, you will be able to click on a link indicating “Forgot my password.” You will provide the email address associated with your account and be sent a link to that address. The email sent to your account of record will include a link that will direct you to a page where you can reset your password.
If you would like to terminate your account at any time, please contact us at firstname.lastname@example.org. HealthCasa reserves the right to retain the data associated with your account for a certain period of time before deleting such data. This period of time will be a reasonable period of time or a period of time that is in accordance with the law. HealthCasa reserves the right to terminate your use of the HealthCasa Platform at any time. These Terms will survive termination and your agreement with HealthCasa in accordance with these Terms will automatically terminate in the event that you violate any of the Terms and Conditions set forth herein. HealthCasa may prevent or block your access to any and all facets of its Services or Platform without any notice and in its sole discretion.
Consent to Electronic Communication
By creating a valid account with HealthCasa, you agree that HealthCasa may, from time to time, communicate with you electronically regarding security, privacy and administrative issues relating to your use of the HealthCasa Platform. We will also use your email address to send appointment confirmation and reminders associated with your appointment. These are to be considered administrative messages essential to the provision of the HealthCasa Services.
HealthCasa may also send you a text message on the phone number provided on your account to confirm or remind you about your appointment. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service.
We may also contact you by calling the telephone number in your Profile and/or posting a notice via your Patient Account Page on the HealthCasa Website. It is your sole responsibility to review your Patient Account Page for notices.
For emails and/or messages that are not administrative in nature, but include other messaging or information about HealthCasa and its related services, promotions and third-party messages, you must opt-in to receive them. Your opt-in will be considered your express consent. If you do opt-in for these communications, you may opt-out at any time. If you wish you remove yourself from any email list, please email us with “UNSUBSCRIBE”in the subject line.
Booking an appointment
HealthCasa allows you to book an appointment with a Practitioner in your area, for an in-home consultation. Appointments can also take place at your office, or any other suitable location. You can browse the profiles of available Practitioners and view their ratings. Alternately, you can search for a specific Practitioner by name. When you find a Practitioner that you feel suits your needs and your schedule, HealthCasa allows you to book and immediately confirm an appointment.
Location of Appointment
The Appointment location can be your home, office, or another suitable location. You acknowledge that the level of privacy you can expect during an Appointment is directly related to the location at which you request the Appointment to take place. As the Practitioner has little to no control over the location of the Appointment, you acknowledge that it is your responsibility to maintain a level of privacy with which you are comfortable.
Recurring bookings through HealthCasa
Patients registered with HealthCasa agree to continue to book all subsequent appointments with a HealthCasa Practitioner via the HealthCasa Platform. All payments for recurring bookings shall also take place via the HealthCasa Platform.
Availability of HealthCasa
HealthCasa is currently available in the Greater Toronto Area (GTA). Our Health Care Practitioners each choose their own service area and therefore, the services available in each area of the GTA will differ and grow as we add on more Practitioners. Please email us at email@example.com if you are interested in Services in your area.
HealthCasa is void where prohibited by law.
Fees and Payments
Each Practitioner has the same standard consultation fee, that varies according to the type of service provided. Due to the nature of health care, the Practitioner may not know what additional services a patient requires until the appointment is underway. If services and fees are to be added to the consultation fee, the Practitioner will inform you during the appointment. Your verbal acceptance of these services and fees will be considered your approval of the additional charges. You will be charged the consultation fee plus the fee for any additional products or services that are discussed with your Practitioner, plus HST as required by law. Charges paid by you are final and non-refundable. A receipt will be provided to you and can be accessed via your profile page, so that you can be reimbursed by your insurance provider, if you have one. Each insurance provider and plan has its own unique coverage. HealthCasa makes no guarantee regarding these reimbursements. The price list for additional services and products are available on the HealthCasa Website and may be changed at any time, at the sole discretion of HealthCasa.
Credit Card Payment Processing
Your credit card will be charged for the full consultation fee when you book an appointment. The consultation fee will be listed at the time of the booking and a full list of service fees can be found on the HealthCasa Website. When payment information is initially collected, a Stripe token is created so that we may not need to request your credit card details to process payment for future services and products.
Health Care Practitioners
All Practitioners listed on the HealthCasa Platform, use HealthCasa to make themselves available for in-home consultations. They also access HealthCasa’s related administrative services. All Practitioners have their own independent private practice and their relationship with HealthCasa is in no way a partnership, joint venture, one of an employer/employee, one of a franchisor/franchisee, nor are they considered a legal representative of HealthCasa.
HealthCasa is unable to guarantee and has no control over the professional qualifications of the Practitioner, expertise, quality of advice and Services provided. As such, HealthCasa will not be liable for any medical advice, treatment, or recommendation made by a Practitioner during, before, or after your visit. HealthCasa is not responsible for any issues that you may have or that may arise from the Practitioner’s diagnosis, medical treatment, advice, information provided, conduct, or any other actions or decisions arising from the Appointment. You acknowledge that Services performed by any Practitioner that is booked through the HealthCasa Platform or on any information that they give you is solely at your own risk and you assume full responsibility for all associated risk, as allowable by law.
All Practitioners on the HealthCasa Platform have confirmed that they are in good-standing with their respective college or association. By using the HealthCasa Platform, the Practitioner confirms that it understands and agrees to abide by the policies and regulations of their professional college or association, including and without limitation, those pertaining to patient record maintenance, standards of practice and code of ethics. Practitioners also agree to maintain their own appropriate insurance coverage in respect of the provision of the Services.
Although HealthCasa provides information about various HealthCasa Practitioners, HealthCasa does not recommend any of the Practitioners. HealthCasa may request copies of the Practitioners licenses and other background information, but HealthCasa does not and cannot guarantee the accuracy and completeness of any such information-gathering or that a HealthCasa Practitioner is qualified to perform any treatment.
No Doctor-Patient Relationship
HealthCasa is a technology information service provider that provides patients with a platform on which to book appointments with Practitioners who will provide consultations in the patient’s home, office or other suitable location.
HealthCasa is in no way a medical professional or medical service and does not directly provide medical services or healthcare. By using the Services, you agree that there is no doctor-patient relationship or other medical-patient relationship (or other variations of this type of relationship) between you and HealthCasa. We take no part in your treatment or diagnosis, nor do we endorse or recommend any form of treatment, type or brand of medication, specific tests, products, or procedures. As such, any employees, officers, directors, contractors, representatives, agents, successors and assigns of HealthCasa will also not provide medical or health care services.
HealthCasa uses maps, geocoding, geo-fencing, places, traffic information, and other relevant content from Google, Inc. (“Google”). This allows us to match your postal code with the postal code of the Practitioner. Therefore, you must also agree to Google’s most current Terms of Service for Google Maps/Google Earth located at https://www.google.com/intl/en_ca/help/terms_maps.html. The Google Terms of Service are incorporated into these Terms and Conditions by reference. By using HealthCasa, therefore, you are explicitly agreeing to also be bound by the Google Terms of Service.
Practitioner Appointment Cancellations
There are certain circumstances beyond the control of our Practitioners, that would cause them to cancel your booking. HealthCasa does not in any way guarantee, represent or warrant that any Practitioner will be able to provide you with an Appointment. You acknowledge that your Appointment may be cancelled any time before the Appointment occurs. In the event that a Practitioner is more than 30 minutes late for an Appointment, you have the opportunity to continue with the appointment or reschedule the appointment. If the appointment is rescheduled, you will not be charged for that session.
Patient Cancellation Policy
You may cancel an Appointment without penalty, 24 hours before the appointment time. Any payments will be refunded to the credit card used to book the appointment. Appointments cancelled with less than 24 hours prior to the scheduled session with be charged the full consultation amount, indicated at the time of booking.
HealthCasa reserves the right to make any modification of any part of the HealthCasa Platform at any time without notice and in its sole discretions.
LICENSE GRANT AND RESERVATION OF RIGHTS
Use of Site and Service
HealthCasa grants you a limited, non-exclusive, personal and non-transferrable license and right to use HealthCasa. You may not lease, resell or provide it in any other way to anyone else. HealthCasa is for your personal and noncommercial use only, unless specified otherwise in writing.
License Grant for Linking
HealthCasa grants you a limited and non-commercial, and non-exclusive right to create a text hyperlink to our website. This limited license is valid insofar as the link does not portray HealthCasa in any negative, slanderous, derogatory, defamatory, false or misleading manner and provided that the linking site does not include any material that is adult in nature, illegal, harassing, hateful, offensive or otherwise objectionable. You may not use HealthCasa’s proprietary graphics, logo, or other identifying mark without the express written permission of HealthCasa.
Restrictions on Use
HealthCasa’s rights in all its Proprietary Materials are expressly reserved. The Proprietary Materials include all protectable Intellectual Property (IP) comprising HealthCasa and available through it. This includes, but is not limited to, the software, code, data, metadata, design, structure, user-flow, written copy, content, imagery, and look and feel.
You agree not to modify, rearrange, or reverse engineer the Proprietary Materials or create any adapted or derivative work therefrom. You are not to scrape or display our content for any purpose and you agree not to post any content from HealthCasa to any other websites, blogs, etc. without HealthCasa’s express written consent. You agree not to sell, publish, copy, distribute, reproduce or provide access in any other manner to HealthCasa’s Proprietary Materials without express written consent from HealthCasa.
The HealthCasa logo and all other slogans, logos, product and service names, related or otherwise, displayed on the HealthCasa Platform are common law and/or registered trademarks of HealthCasa Ltd. As such, they may not be used, copied, or imitated without the prior written consent of HealthCasa.
Infringement of IP Rights
Any infringement of HealthCasa’s IP may subject you to civil and/or criminal proceedings and penalties.
DISCLAIMER AND LIMITATION OF LIABILITY
You acknowledge that your use of HealthCasa, as well as the Practitioner services booked through the HealthCasa Platform, is at your own risk. HealthCasa does not provide warranties of any kind, whether express or implied. All services are provided on an “as-available” and “as-is” basis. HealthCasa assumes no responsibility or liability to you (or any Minor for which you are the legal guardian) for any errors or inaccuracies in the HealthCasa Platform or services provided by the Practitioner. HealthCasa provides no warranty for the results of the use of HealthCasa or the Practitioner services. HealthCasa disclaims all warranties and representations, whether express or implied, that include but are not limited to: those regarding fitness for a particular purpose, title, non-infringement and merchantability.
Any opinions, statements, advice or information provided to you by a Practitioner are solely attributable to that individual and not to HealthCasa. HealthCasa does not expressly endorse any of the Practitioners on the platform. You acknowledge that your reliance on any Practitioner that is bookable through the HealthCasa Platform or on any information that they give you is solely at your own risk and you assume full responsibility for all associated risk, as allowable by law. Practitioners are solely responsible for complying with all relevant regulatory requirements for malpractice and liability insurance, licensing and professional conduct. You acknowledge that HealthCasa relies on representations and warranties from Practitioners related to their meeting these regulatory requirements.
You acknowledge that parts of HealthCasa rely on third-party service providers in order to function. Due to this, and other circumstances both within and beyond our control, you acknowledge that there may be service interruptions or that your access may be suspended or terminated.
Limitations on Use
HealthCasa reserves the right to block, suspend, or terminate your use of any or all parts of the HealthCasa platform without notice if, in HealthCasa’s sole opinion, you misuse or abuse HealthCasa or any of its privileges, or if you make misrepresentations or fail to follow these Terms. HealthCasa also reserves the right to block, suspend, or terminate any pending activity on your Account, or the Account itself if HealthCasa has a reasonable belief that your Account has been compromised or used to commit fraud, crimes, and the like.
Throughout your use of HealthCasa, you will be prompted to fill in information in various sections (“User Generated Fields”). You are responsible for the use of the User Generated Fields and you expressly agree that while you are using them you will not transmit, distribute, store, create, publish, post or upload any content that:
Is unlawful, libelous, defamatory, pornographic, indecent, lewd, obscene, harassing, threatening, abusive, fraudulent, invasive of privacy rights or is otherwise objectionable;
Is private information of any third party;
Contains viruses, corrupted data or other destructive or harmful files;
Includes unsolicited promotions, campaigning, advertising, or soliciting;
Is used to test the vulnerability of the App, Website or Platform, including networks and servers; and
May infringe any patent, trademark, copyright, or IP of any third party.
HealthCasa may in no way be used:
To violate the rights of others;
In a way that it was not intended;
To reverse engineer or disassemble the App, or in any other way that could harm HealthCasa or anyone’s use of it;
In any way that is unlawful or against regulation, governmental order or decree;
In a way that will cause nuisance, disruption or annoyance to any Practitioner;
By using wireless access points or data accounts which you are not authorized to use;
If using unauthorized operating systems on your device or devices;
To stalk or otherwise harass any person or entity;
To attempt to test the vulnerability of any HealthCasa network server or component of the HealthCasa Platform.
Limitation of Liability
In no event will HealthCasa’s totally liability to you or any Minor (for whom you are a legal guardian), for any and all causes of action, damages and losses exceed the amount paid by you to HealthCasa in the last 6 months.
You waive and covenant not to assert any claims or allegations of any nature whatsoever against HealthCasa, or their respective directors, officers, agents, contractors, partners, shareholders, advisors and employees arising out of or in any way relating to your use of the Site. You understand and agree that HealthCasa will not be liable in any manner for damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of the following:
Any form of electronic correspondence that is delayed, lost, misdirected, damaged or otherwise;
Any failure of performance, interruption, error, defect, omission or delay in operation or transmission, whether due to a computer virus, a line system failure or any other reason;
Any trojan horses, viruses, bugs, or the like that may be transmitted through HealthCasa by a third party;
Any printing, typographical or human error in or involving any online or real printed materials associated with HealthCasa;
Any ambiguities in or involving any online or real printed materials associated with HealthCasa;
Your use of, or inability to use HealthCasa;
Your access or lack of access to HealthCasa;
Any unauthorized access to or use of our secure servers and/or any information stored therein;
Property damage or personal injury of any nature resulting from your use of HealthCasa, or Practitioner’s services or the Appointment;
Any statements, conduct or services of any third party (including Practitioners);
Any malpractice or substandard treatment the Practitioner may give to you or any Minor for whom you are a legal guardian;
Your conduct during the visit (or the conduct of any Minor for whom you are a legal guardian, or anyone else present);
Your use of any information or advice provided by a Practitioner during an Appointment;
Any and all losses, damages, rights, cost of procurement of goods, claims and actions of any kind in connection with or resulting from registering on, enrolling in, or using HealthCasa.
If any part of this Limitation of Liability is found to be invalid, HealthCasa’s liability will be limited to the extent permitted by law.
You agree to indemnify and hold HealthCasa and each of HealthCasa’s directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: your violation of, or an allegation that you violated these terms; your access or lack of access to HealthCasa; your use of, or inability to use HealthCasa; your violation of any third party right; and, a claim that HealthCasa caused damage to you or any third party.
You explicitly agree that these Terms and all disputes, claims or other matters arising from your use of HealthCasa will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Your act of using HealthCasa and creating an account constitutes electronic signature to these Terms.
HealthCasa may assign any or all of its rights hereunder to any party without your consent. You may not assign or transfer any of your rights hereunder without prior written consent of HealthCasa.
These Terms will bind and enure to the benefit of you and HealthCasa and HealthCasa’s successors and assigns.
No amendment, waiver or modification to these Terms shall be valid unless in writing and signed by all Parties.
If any part of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms shall not be affected.
Questions and Comments
If you have any questions regarding your use of HealthCasa or these Terms and Conditions, please contact us at firstname.lastname@example.org