Terms Of Use
Terms of Use (T of U)
1. ACCEPTANCE OF TERMS
Fitwell Hub (“FITWELL HUB, “us”, “we”, “our”) maintains the FITWELL HUB website located at www.FitwellHub.com (the FITWELL HUB Health Platform or the “Platform). Your access and use of the FITWELL HUB Health Platform is subject to these Terms of Use (“T of U”). These T of U form an agreement between FITWELL HUB and you. The term “you” refers to the person or entity visiting the FITWELL HUB Platform, browsing or otherwise using the FITWELL HUB Platform, or receiving any FITWELL HUB Platform Healthcare Services, as hereinafter defined. A copy of these T of U may be downloaded, saved and printed for your reference
BY ACCESSING AND USING THE FITWELL HUB PLATFORM, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE T of U. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE T of U, PLEASE DO NOT ACCESS OR USE THE FITWELL HUB PLATFORM.
DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANY CONTENT (AS DEFINED BELOW).
2. MODIFICATIONS TO THE T of U
Except where prohibited by the applicable law, FITWELL HUB reserves the right to change these T of U at any time without notice. Such modifications shall become effective immediately upon the posting thereof. Your continued access to or use of the FITWELL HUB platform after any changes to these T of U indicates your acceptance of such changes. It is your responsibility to review these T of U on a regular basis.
FITWELL HUB reserves the right to change any information, material or content (including, but not limited to, pricing, features and availability of platform services (as defined herein) contained on or provided through the platform (the “content”) at any time, and from time to time, without notice.
3. AVAILABILITY AND USE OF FITWELL HUB PLATFORM
The FITWELL HUB Platform is only available to you if you are a temporary or permanent resident of the province of Ontario, British Columbia, Manitoba, Prince Edward Island, Nova Scotia, and Quebec. As a condition of your use of the FITWELL HUB platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the platform in accordance with these T of U; (4) all information supplied by you on the platform is true, accurate, current and complete; and (5) if you are accessing or using the platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these T of U.
The FITWELL HUB Platform is provided solely (the “Permitted Use) to: (1) assist you in gathering information about the various services offered by FITWELL HUB through the FITWELL HUB Platform; (2) if and as permitted by FITWELL HUB and these T of U, enable you to use the FITWELL HUB Platform and receive any services offered to you through the FITWELL HUB Platform including the Healthcare Services (as defined below); (3) if applicable, facilitate any payments from you in respect of your use of the FITWELL HUB Platform or the receipt of any services through the FITWELL HUB Platform; and (4) if and as permitted by FITWELL HUB and these T of U, provide feedback and otherwise communicate with FITWELL HUB in connection with any of the foregoing ((1) through (4) collectively, in these Terms of Use defined as “Platform Services).
FITWELL HUB retains the right, at its sole discretion, to deny access to anyone to the FITWELL HUB Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these T of U. You will cease and desist from any such access or use immediately upon request by FITWELL HUB.
4. GRANT OF LICENSE
If you are a temporary or permanent resident of the province of Ontario, British Columbia, Manitoba, Prince Edward Island, Nova Scotia, or Quebec and subject to these T of U, FITWELL HUB grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable license to access the FITWELL HUB Platform for your own use in accordance with these T of U. Use of the FITWELL HUB Platform beyond the scope of the authorized access granted to you by FITWELL HUB immediately terminates this license.
Subject to these T of U and the terms of FITWELL HUB’s privacy policy, you grant to FITWELL HUB, a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sub-licensable license to access, collect, store and use any data, information, records and files that: (1) you load, transmit to or enter into the FITWELL HUB Platform, or (2) FITWELL HUB or the FITWELL HUB Platform collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (the User Content) including for the purpose of: (A) providing the FITWELL HUB Platform Services, (B) complying with applicable law, and (C) FITWELL HUB’s reasonable audit and data retention policies.
5. SERVICES
Authorized physicians and authorized non-physician providers such as registered practical nurses, nurse practitioners and pharmacists (collectively, “Authorized Healthcare Professionals) may provide healthcare services, including telemedicine services (Healthcare Services”) through the FITWELL HUB Platform.
You understand that telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; Interactions between a patient and healthcare provider via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files. The electronic systems used in the services will incorporate network and there are restrictions on the Healthcare Services that can be provided through the FITWELL HUB Platform.
YOU MUST NOT USE THE FITWELL HUB PLATFORM FOR EMERGENCY NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
By becoming a Registered User, you consent to Authorized Healthcare Professionals providing Healthcare Services through the FITWELL HUB Platform.
Authorized Healthcare Professionals 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 PHYSICIAN OR AN AUTHORIZED NON-PHYSICIAN PROVIDER, 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 OR PHARMACIST, IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
Authorized Healthcare Professionals have the discretion to refuse or discontinue the provision of Healthcare Services to any Registered User at any time, including for actual or potential misuse of the Healthcare Services by a Registered User.
6. DEALINGS WITH OTHER REGISTERED USERS
If there is a dispute between Registered Users of this site, or between Registered Users and any third party, you understand and agree that FITWELL HUB is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release FITWELL HUB and its representatives (and their respective officers, employees, agents and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the FITWELL HUB Platform.
7. PRIVACY AND INFORMATION DISCLOSURE
Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these T of U. Your use of the FITWELL HUB Platform signifies acknowledgement of and agreement to our Privacy Policy.
8. CONDUCT
You agree that a Registered User is not permitted to have more than one Registered User profile on the FITWELL HUB Platform. You further agree that you will not, in connection with you as a Registered User do anything in connection with the FITWELL HUB Platform that:
· is unlawful;
· is harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
· includes personal or identifying information about another person without that person’s explicit consent;
· impersonates any person or entity, including, but not limited to, a FITWELL HUB employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
· infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person, or that you do not have a right to make available under any law or under contractual or fiduciary relationships;
· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
9. LIMITATIONS ON SERVICE
You agree that FITWELL HUB has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the FITWELL HUB Platform. You acknowledge FITWELL HUB reserves the right at any time to modify or discontinue the FITWELL HUB Platform (or any part thereof) with or without notice, and that FITWELL HUB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FITWELL HUB Platform.
10. TERM AND TERMINATION OF SERVICE
These T of U will commence on the day you first use the FITWELL HUB Platform and will continue into force until terminated by either party as described below (the “Term). Either party may terminate these T of U as follows: (1) FITWELL HUB may terminate these T of U at any time and with immediate effect by giving notice to you, at FITWELL HUB’s discretion, by email (at your current email address on file with FITWELL HUB) or through the FITWELL HUB Platform; (2) you may terminate these T of U at any time and with immediate effect by requesting (by email or through any then-available interfaces on the FITWELL HUB Platform) that your User Account be deleted or deactivated and ceasing use of the FITWELL HUB Platform.
Further, you agree that FITWELL HUB shall not be liable to you or any third-party for any termination of your access to the FITWELL HUB Platform. Further, you agree not to attempt to use the FITWELL HUB Platform after said termination. The disclaimers, limitations on liability and indemnity clauses shall survive termination of the T of U, as shall any other provision which by its nature ought to survive termination.
11. OWNERSHIP AND PROPRIETARY RIGHTS
All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the FITWELL HUB Platform, are owned or licensed by FITWELL HUB and are protected by copyright, trade-mark and other intellectual property laws.
FITWELL HUB expressly reserves all rights in the FITWELL HUB Platform, and all materials provided by FITWELL HUB in connection with these T of U that are not specifically granted to you. You acknowledge that all right, title and interest in the FITWELL HUB Platform, all materials provided by FITWELL HUB in connection with these T of U (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with FITWELL HUB (or third party suppliers, if applicable), and that the FITWELL HUB Platform, and all materials provided by FITWELL HUB hereunder are licensed and not “sold to you.
OTHER THAN FOR YOUR PERSONAL CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY WHETHER BY PRINTING OR SAVING TO A DESKTOP, CONTENT FROM THE FITWELL HUB PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF FITWELL HUB, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE FITWELL HUB PLATFORM. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN THE FITWELL HUB PLATFORM.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the FITWELL HUB Platform.
12. NO UNLAWFUL OR PROHIBITED USE
You will not, without FITWELL HUB’s prior written permission, use the FITWELL HUB Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) frame’, ‘mirror’ or otherwise incorporate the FITWELL HUB Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the FITWELL HUB Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the FITWELL HUB Platform or bypass or circumvent other measures employed to prevent or limit access to the FITWELL HUB Platform; (4) take any action that imposes, or may impose, in FITWELL HUB’s discretion, an unreasonable or disproportionately large load on the FITWELL HUB Platform; (5) deep-link to any portion of the FITWELL HUB Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the FITWELL HUB Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the FITWELL HUB Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the FITWELL HUB Platform or the Content; (8) use the FITWELL HUB Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by FITWELL HUB and only in the exact manner specified and enabled by FITWELL HUB; (9) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the FITWELL HUB Platform or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the FITWELL HUB Platform or the Content; (11) create derivative works based on the FITWELL HUB Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the FITWELL HUB Platform or the Content; (12) use the FITWELL HUB Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the FITWELL HUB Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by FITWELL HUB in its sole discretion.
12. THIRD PARTY WEBSITES
The FITWELL HUB Platform may provide links to third party websites. FITWELL HUB does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under FITWELL HUB’s control, and if you choose to access any such website, you do so entirely at your own risk.
13. VIRUSES
The downloading and viewing of Content is done at your own risk. FITWELL HUB cannot and does not guarantee or warrant that the FITWELL HUB Platform or the Content are compatible with your computer system or that the FITWELL HUB Platform or the Content, or any links from the FITWELL HUB Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the FITWELL HUB Platform
14. COMMUNICATIONS NOT CONFIDENTIAL OR SECURE
FITWELL HUB does not guarantee the confidentiality of any communications made by you through the FITWELL HUB Platform. Although FITWELL HUB generally adheres to the accepted industry practices in securing the transmission of data to, from and through the FITWELL HUB Platform, you understand, agree and acknowledge that FITWELL HUB cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the FITWELL HUB Platform.
15. DISCLAIMER AND LIMITATION OF LIABILITY
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties, liability or certain damages or limitations of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you.
Although we strive to update and keep accurate as much as possible the Content contained on the website, errors and/or omissions may occur. Accordingly, the FITWELL HUB Platform and the Content are provided “as is” without warranty or condition of any kind. Use of the FITWELL HUB Platform or the Content is at your own risk. FITWELL HUB does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the FITWELL HUB Platform or the content. The Platform and the Content may include errors, omissions and inaccuracies, including, without limitation, pricing errors. FITWELL HUB does not assume any responsibility for any errors, omissions or inaccuracies in the FITWELL HUB Platform or the Content. In addition, FITWELL HUB expressly reserves the right to correct any pricing errors on the FITWELL HUB Platform.
To the fullest extent permitted by law, FITWELL HUB disclaims all warranties, representations and conditions of any kind with respect to the FITWELL HUB Platform and the content whether express, implied, statutory or collateral, including any implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose or non-infringement, that arise out of a course of dealing or trade, or that the FITWELL HUB Platform or the Content are or will be error-free or will operate without interruption. In no event will FITWELL HUB be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not FITWELL HUB is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the FITWELL HUB Platform or the Content.
You acknowledge and agree that FITWELL HUB does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third-party Authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in FITWELL HUB’s network. You acknowledge and agree that the Healthcare Practitioners using the FITWELL HUB Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment and medication decisions, and other professional healthcare services performed, and that all diagnoses, treatments, prescriptions and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate.
To the extent that the foregoing limitation does not apply, in no event will the total aggregate liability of FITWELL HUB in connection with or under these T of U or your use of, or inability to make use of, the FITWELL HUB platform or the content, or for any other claim related in any way to your use of, or inability to make use of, the FITWELL HUB platform or the Content exceed the aggregate amount of the fees paid by you for a one year period. For greater certainty, the existence of one or more claims under these T of U will not increase the maximum liability amount.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
16. INDEMNITY
You will defend, indemnify and hold harmless FITWELL HUB and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
· your breach of any of your warranties, representations or obligations under these T of U
· your violation of any applicable law or the rights of a third party (including intellectual property rights);
· your use of the FITWELL HUB Platform or the Content.
In particular, you agree to indemnify and hold harmless FITWELL HUB, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content.
17. GEOGRAPHIC APPLICATION OF THE FITWELL HUB PLATFORM
Not all of the services described on the FITWELL HUB Platform are available in all jurisdictions. Furthermore, nothing on the FITWELL HUB Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the services and/or material described on the FITWELL HUB Platform, or the Healthcare Services available through the FITWELL HUB Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
18. DISCLOSURES
All Authorized Healthcare Practitioners on the FITWELL HUB Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice.
You can report a complaint relating to Healthcare Services provided by a Healthcare Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
19. GOVERNING LAW AND JURISDICTION
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and FITWELL HUB (as well as its agents, delegates, employees, and any Authorized Healthcare Practitioners or PHAs), including without limitation any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these T of U, shall be governed by and construed in accordance with the laws of the province of Ontario, British Columbia, Manitoba, Prince Edward Island, Nova Scotia, and Quebec (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Ontario, British Columbia, Manitoba, Prince Edward Island, Nova Scotia, and Quebec shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and FITWELL HUB.
These laws apply to your access to or use of the FITWELL HUB Platform or the Content, notwithstanding your domicile, residency or physical location. The FITWELL HUB Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. If any provision of the present T of U shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these T of U and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these T of U and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.
20. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
These T of U constitute the entire agreement between FITWELL HUB and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FITWELL HUB with respect to the FITWELL HUB Platform. A printed version of these T of U and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these T of U to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these T of U. The word ‘including’ or includes’ means ‘including (or includes) without limitation’.
FITWELL HUB’s failure to insist upon or enforce strict performance of any provision of these T of U will not be construed as a waiver of any provisions or right.
If any of the provisions contained in these T of U are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.
You agree that it is the express wish of the parties that these T of U and all related documents be drawn up in English.
Vous êtes d’accord que c’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rdigs en anglais.
21. GENERAL PROVISIONS
The T of U constitutes the entire agreement between you and FITWELL HUB and govern your use of the FITWELL HUB Platform, superseding any prior agreements between you and FITWELL HUB in respect of the FITWELL HUB Platform. The T of U and the relationship between you and FITWELL HUB shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and FITWELL HUB agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of FITWELL HUB to exercise or enforce any right or provision of the T of U shall not constitute a waiver of such right or provision. If any provision of the T of U is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the T of U remain in full force and effect.