Terms & Conditions | Virtual Walk-In Clinic

Terms and Conditions

General

Eden Telemed Inc. (“Eden Telemed”, “we”, “us” or “our”) is a company providing a technology platform (the “Platform” or “Website”) that enables our users (the “Users” or “Members”), to directly access virtual healthcare provided by healthcare providers registered to practice in a province or territory of Canada, and benefit from other concierge medical services, such as blood and lab tests, a prescription delivery service, a specialist referral service, and other optional services at a User’s discretion (collectively the “Services”). Our wide range of services are offered to our Users through the Website with the help of standard forms and questionnaires developed by us or by our healthcare professionals, working as partners, contractors and employees whether by video, phone or chat (the “Consultations”). Our Platform is accessible on mobile devices or through an internet browser. Eden Telemed may make additional services available to Users from time to time.

The website edentelemed.ca (the “Website”) is the property of Eden Telemed Inc. (the “Owner”). This User Agreement constitutes a legal agreement between Eden Telemed Inc. and the user (“User” or “You”) of the Website, which is owned and operated by the Owner. It sets forth the terms and conditions under which you may access, use and view the Website and its content. Please read this agreement carefully and in its entirety. This agreement, which is valid for an indefinite period of time, takes effect at the moment the User accesses the Website.

Acceptance of this Agreement

By accessing or using the Website, or by scheduling any of our services, you agree to be bound by the terms and conditions of this Agreement without limitation or reserve. Your use of the Website must comply with this Agreement and all applicable laws. If for any reason, you do not agree to the terms and conditions of this Agreement, you must not access or use the Website.

Eden Telemed Inc. reserves the right to modify and update this Agreement at any time, in its sole discretion, and without notice. It is the User’s responsibility to review these terms and conditions periodically in the event that they are changed. The access and use of the Website following the modifications made constitutes an acknowledgment by the User and a new acceptance of the contract as modified. In the event of a dispute, the version of the terms and conditions in effect at the time the disputed acts took place shall prevail.

Medical Emergencies

The Platform is not intended to be used and shall NOT be used for medical emergencies. If you have a medical emergency, or if you are concerned that you are a danger to yourself or to others, you must IMMEDIATELY contact the emergency services in your area or go to the nearest hospital or clinic.

The Website is the official website of Eden Telemed Inc. No other website that claims to represent Eden Telemed Inc. is authorized to do so, and Eden Telemed Inc. shall not be held responsible in any way for such a website.

You should not use the Website to treat a medical emergency, nor should you use the information on the Website to self-treat, self-prescribe medication, or treat or diagnose any health problem or disease. All information on the Website is provided for general and informational purposes only. It does not in any way represent personalized medical advice, diagnosis, treatment, medical or pharmaceutical care. The content of the Website is not intended to replace the advice of a physician or a consultation with a health care professional. The User may not base his transactions and/or decisions of any nature whatsoever on this information. It is always recommended that you consult your physician, pharmacist, or any other health care professional duly authorized to practice medicine, pharmacy, or practice general health care in your area, for any question relating to your health condition, and any medical condition that you consider relevant to yourself or to another person. In addition, the User should always consult a healthcare professional before starting any new treatment, diet, or exercise program or before acting on any information obtained from the Website. Never ignore the advice of a health care professional or delay a consultation with a health care professional because of information obtained from the Website, unless the information has been provided expressly by a duly authorized and qualified health care provider and is specifically intended for the User. The content of the Website is not exhaustive and does not cover all health problems, disorders, or physical conditions, nor their treatment.

Under no circumstances should the User act, or refrain from acting, on the basis of any information provided on the Website. The User who relies upon and acts upon any information provided on the Website does so at his or her own risk. Eden Telemed Inc. shall not be held liable for any injury or death caused by the User’s application of the information provided on the Website, or the User’s misuse of the Website and/or it’s content.

Eden Telemed Inc. does not endorse or promote any brand of products, services, methods, or other information presented on the Website.

The presentation of general information and the use of the Website does not establish a doctor-patient relationship between the User and Eden Telemed Inc. or any health care professional employed by Eden Telemed Inc. or solicit anyone to become a patient or client of Eden Telemed Inc. However, a doctor-patient relationship may be established as a result of communication between the User and a doctor through the Website.

Permitted Use

Subject to the terms and conditions set forth in this Agreement, we hereby grant you permission to access and use the Eden Telemed Platform, its services, and its contents for personal, informational purposes only.

The User may not :
-Copy, include, use, reproduce, republish, post, transmit or upload content from the Website in any manner whatsoever without the prior written consent of Eden Telemed Inc.
-Record and/or distribute any content from the Website or any consultations to any third party
-Misuse or abuse the Website, its content, features, or accounts, including, without limitation :
     -Use the website in any manner that could negatively affect the functionality, compromise the security, or overload the Website
     -Transmit viruses, files, computer software, or other harmful elements on the Website
     -Post or transmit spam, junk mail, or unsolicited mass mail
     -Use any program, automatic device, or manual process to monitor, copy, or extract any content of the Website
     -Use the website in any manner that violates or infringes upon the legal rights, privacy, and interests of a third party (for example, privacy rights, personality rights, copyright, trademarks, publicity rights, moral rights, and other intellectual property rights)
     -Use the website in any illegal or unethical manner, including posting or transmitting any illegal information, or in any way that could constitute or incite a crime, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national or international law or regulation
     -Use the website in any manner that violates a right of Eden Telemed Inc., its employees, or suppliers and that could taint or depreciate their name and reputation
     -Use the website in any manner that is offensive, violent, defamatory, fraudulent, misleading, harmful, threatening, harassing, blasphemous, obscene, sexist, racist, or discriminatory against an individual, a group, or animals
     -Use the Website for commercial purposes (excluding commercial agreements made with Eden Telemed Inc.) including, but not limited to posting, uploading, or transmitting any advertising that involves commercial activities, solicitations, or sales, including contests, sweepstakes, advertising, and pyramid schemes
     -Use the Website for any data matching or data mining activities, including collecting or using information about other users without their consent, such as their email
     -Use the website in any manner that could adversely affect the use and enjoyment by any other user of the Website
     -Any violation of user authentication, password or Website security measures
Impersonating another user or misrepresenting the author of a communication or an affiliation with another person
     -Disclosing any person’s personal information without consent
     -Use the Website in any manner that violates these terms and conditions of use, including posting any material that infringes upon these terms
     -We will also not tolerate any abuse or offensive discourse or behavior towards our employees or healthcare professionals

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which we may suffer) as a result of any such breach. You agree that no email address found on our Website may be used for purposes of solicitation.

Eden Telemed reserves the right to limit, suspend or terminate your access to the Platform or your membership with us if you engage in any of the above, misuse the Platform, or if you directly or indirectly breach any of the Terms and Conditions of this agreement. In addition, we may withdraw, suspend, or discontinue any functionality or feature of the Platform or Services for any reason whatsoever. We cannot be held responsible for technical issues or security threats that affect the platform and/or its functionality.

Telemedicine Services

Telemedicine services refer to healthcare services provided remotely using information and communications technologies, including but not limited to audio, video, and chat technology. The Eden Telemed Website allows you to access healthcare services (the “Telemedicine Services”) from licensed healthcare professionals (the “Health Professionals”), such as doctors, nurses, dieticians/nutritionists, podiatrists, osteopaths, physiotherapists, and several other allied health professionals via online consultation, either by audio or video (“Telemedicine Consultation”). Our Telemedicine Services are provided using Health Professionals licensed in Canada in their province and/or territory of practice.

During a Telemedicine Consultation made accessible to you by the Platform, you and the Health Professional may speak about your medical history, and symptoms, as well as any tests or treatment that you may need. Health Professionals may use audio or video communication tools made accessible to you by the Platform to evaluate your condition and may prescribe medication to you, lab tests, or refer you to another healthcare provider for an in-person visit, treatment, or follow-up care.

Telemedicine is convenient and offers easier and faster access to healthcare. However, there are limitations and potential risks associated with telemedicine, including, but not limited to:

-Telemedicine is dependent on broadband and internet telecommunications and therefore, Telemedicine Consultations are subject to loss of connection;
-Not all health conditions can be properly evaluated via telemedicine due to technological limitations. Therefore, you should always seek advice from a healthcare provider in person if you are unsure about whether you have been able to adequately explain or communicate your medical needs through our -Telemedicine Services, or if you have any concerns about the advice you receive from one of our healthcare professionals;
-The Platform and any of our Telemedicine -Services are not intended to replace your current healthcare providers, such as your family doctor
-All our Health Professionals are licensed within their province and/or territory of practice and are dedicated to providing the highest quality of medical services in accordance with best standards of practice, however, they may not always have access to your up-to-date medical records, which may result in an inaccurate evaluation and/or treatment plan;
-Although Eden Telemed strives to protect your personal information through physical, technological, and administrative means, there is no guarantee against data breaches, which may result in the unauthorized collection, use, and/or disclosure of your personal health information.
-The Platform is not intended to be used and shall NOT be used for medical emergencies. If you have a medical emergency, you must immediately contact the emergency services in your area or go to the nearest hospital or clinic.

Healthcare Services do not replace appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Eden Telemed does not automatically provide your primary care provider with a report of the Healthcare Services that you receive. We highly recommend that you at least notify your primary care provider that you received, and the reason for which you received Healthcare Services so that your primary care provider can take them into account, including any medications prescribed to you.

The Eden Telemed Platform is a technology platform that facilitates connecting Users with Authorized Healthcare Professionals for the provision of Healthcare Services. While Eden Telemed facilitates access to Healthcare Services provided by Authorized Healthcare Professionals, it is not registered to provide Healthcare Services and does not do so as more particularly described below.

a)Authorized Healthcare Professionals are independent contractors who have chosen to use the Eden Telemed Platform to provide Healthcare Services.

b)Authorized Healthcare Professionals are not employees or otherwise acting on behalf of Eden Telemed in providing Healthcare Services. The relationship between you and an Authorized Healthcare Professional providing you with Healthcare Services is a health professional-patient relationship to which Eden Telemed is not a party.
Authorized Healthcare Professionals ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW.

c) As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Healthcare Professional may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may decide not to provide Healthcare Services to you. Authorized Healthcare Professionals also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.

d) You are responsible for providing the Authorized Healthcare Professional with the information that he or she requires in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Healthcare Professional may not be able or willing to provide you with Healthcare Services.

e) The following symptoms are NOT eligible to be treated through the Healthcare Services: chest pains; difficulty breathing; fever in children under the age of 3 months; blackouts or feeling like you may blackout; any impairment in the level of consciousness; stroke-like symptoms such as impaired sensation or paralysis to one side of your body; inability to speak or comprehend language; any abdominal pain severe enough that you are unable to comfortably walk.

f) Unless they have an ongoing treating relationship with you, Authorized Healthcare Professionals are NOT allowed to prescribe certain types 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.

g) ANY PRESCRIPTIONS YOU ACQUIRE FROM AN Authorized Healthcare Professionals ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.

h) You will not report drug reactions, side effects, or adverse events through the Platform. You will report any medication reactions, side effects, or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.

i) You agree to seek emergency help or follow-up care when recommended by an Authorized Healthcare Professional

PLEASE ALSO NOTE THAT EDEN TELEMED ONLY PROVIDES THE PLATFORM (AND RELATED TECHNOLOGY) THAT CONNECTS THE USER WITH HEALTH PROFESSIONALS. THE HEALTH PROFESSIONALS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY, AND SUPERVISION OVER ALL TELEMEDICINE SERVICES PROVIDED TO YOU VIA THE PLATFORM, INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PRESCRIPTIONS, AND ANY OTHER MEDICAL SERVICES THAT COULD BE PROVIDED THROUGH THE PLATFORM OR THE CONSULTATIONS. EDEN TELEMED DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER THE PROVISION OF HEALTHCARE SERVICES BY THE HEALTH PROFESSIONALS, THE MATERIALS, TOOLS, OR METHODS USED BY A HEALTH PROFESSIONAL, THE TREATMENT PROVIDED BY A HEALTH PROFESSIONAL, THE CONDUCT OF A HEALTH PROFESSIONAL, OR DECISIONS MADE BY A HEALTH PROFESSIONAL. NEITHER EDEN TELEMED NOR ANY OF ITS AFFILIATED COMPANIES, OWNERS, EMPLOYEES, OR PARTNERS SHALL BE HELD LIABLE FOR ANY TELEMEDICINE SERVICES PROVIDED TO YOU BY A HEALTH PROFESSIONAL.

Limited License

Eden Telemed Inc. grants the User a non-exclusive, non-transferable, revocable and limited license to access, copy, download, view, print and use the contents of the Website for informational and personal, non-commercial purposes only. The User agrees to maintain any copyright or other proprietary rights notices displayed in the Content.

Except as expressly stated herein, no other use is permitted and no portion of the content of the Website, including the trademarks, may be copied, modified, resold, reproduced, distributed, republished, downloaded, displayed, posted, used, or transmitted in any way whatsoever, without the prior express and written consent of Eden Telemed Inc.

Quality of Services

All medical and telemedicine services that are made accessible to you via Eden Telemed are provided by qualified and registered Health Professionals. If you are not satisfied with the services provided or should you wish to raise a concern about our services or Platform,  you may do so at any time by contacting us via the Platform or by email at info@edentelemed.ca.  All your concerns will be handled with respect and our team will maintain the confidentiality of your information. Where applicable, your concerns may also need to be addressed by the Health Professionals’ regulatory body.

All disputes between you and a Health Professional are between you and such professional and not with Eden Telemed. Under no circumstances do we have an obligation to resolve any dispute or provide a refund to you for consultations that were paid for by you.

Links

The Website may contain links to other websites operated by third parties as a convenience to you in order to provide you with access to more information. Eden Telemed Inc. makes no representations or warranties to the User regarding the security, legality, timeliness, reliability, accuracy, completeness, or pertinence of any third-party websites. Eden Telemed Inc. disclaims all responsibility regarding third-party websites, their content and information, and any damages that may result from their use. The possible visit to any other website from the Website does not constitute a recommendation, promotion, or endorsement by Eden Telemed Inc. of the content of the third-party website. It is the User’s responsibility to verify whether he or she is browsing the Website or a third-party website.

Eden Telemed Inc. makes no warranties, commitments, representations, or conditions with respect to any third-party website and disclaims all warranties, commitments, representations, and conditions, including but not limited to those regarding:

-merchantability and/or fitness for any particular purpose, access to any content, materials, software, products, or services offered by or available through third-party websites
– The availability of third-party websites and the presence of errors, viruses, or any other harmful elements
– Any third-party website with content that constitutes or incites a crime or any other illegal activity or that violates the rights of others or invades privacy, including the transmission of confidential information to or from a third-party website

Online Accounts

The User must at all times preserve the confidentiality of his or her account information, including his or her user name, password and access to his or her Membership Plan or Online Health Profile that is part of the Website. The User is fully and solely responsible for all use of his or her account and all activities that occur under his or her username and password, whether or not such activities have been carried out with or without express authorization. The User is responsible for maintaining the protection and security, and controlling the distribution of his or her account information. Eden Telemed Inc. shall not be held liable for any loss or damage arising from its failure or your failure to protect your password or account information, and also disclaims all liability related to User activities.

All information that the User provides in any way whatsoever through the Website must be true, accurate, complete and up-to-date. In addition, it is the User’s responsibility to maintain and update his or her personal information periodically, as required, to ensure it remains true, accurate, complete and up-to-date.

Eden Telemed Inc. and its personnel will rely on the information provided by the User and therefore shall not be held liable for any loss, damage or additional costs that they, the User, or others incur as a result of false, inaccurate, incomplete or out-dated information provided by the User via the Website.

Membership Plans

If you enroll in a membership plan, you must register for a user account (“Account”) in order to use the Platform and be provided with the Services. To register for an Account, you must be aged 14 years or older and agree to the Terms and Conditions herein and Privacy Policy.

Two types of accounts are possible depending on the membership plan you select, a “Primary Account Holder” or “Covered Person,” which includes your spouse or an eligible child living in the same household. 

To get access to the services offered by the Platform, you will be required to provide us with certain information about you, your spouse, or your eligible children, such as full name, date of birth, email address, phone number, home address, your health insurance card or a government-issued ID, a password that is unique to the Account and payment information such as a credit card.

You agree that you will provide accurate, current, and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current, and complete. You may update or change your Account settings at any time.

You are not permitted to transfer or sell your Account to any other person nor provide any other person with access to your Account.

Minors and Dependents

A child under 14 years of age (a “Minor”) or an individual who lacks the necessary capacity to give clear and informed consent to his or her medical treatment (a “Dependent”) is not permitted to register for a membership plan or account. However, Minors and Dependents may receive Services via the Platform through their parent’s or legal guardian’s Account or membership plans, provided that the parent or legal guardian is physically present with them when the Minor or Dependent is using the Account and that the parent or legal guardian have given their consent. If you use your Account or membership plan to obtain Services for a Minor or Dependent, you are responsible for complying with these Terms and Conditions.

All Health Professionals reserve their right to assess whether a person has the capacity to provide consent to his or her medical treatment on an individual basis.

Confidentiality

All information collected or used by Eden Telemed Inc. in order to provide you with the access to the Platform and Services and provided by the User by accessing or using the Platform are subject to and must comply with the Privacy Policy.

You agree that the Account that you use to access the Platform can only be used by you and that you will not share your password with anyone. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that Eden Telemed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.

Furthermore, you agree that except as otherwise disclosed or scheduled with the Eden Telemed Health Professional before services or consultations are rendered or as provided in these Terms and Conditions, you will only use the Services for your benefit and will not use the Services for the benefit of a third party. Notably, you agree that any prescriptions you may receive from one of our Health Professionals are solely for the personal use of the individual named on the prescription and that you will keep confidential any and all discussions held during your Consultations as directed by Eden Telemed’s Health Professionals.

Communications

From time to time, we may send you communications in connection with your use of the Platform and your request for Services. For example, we may send you reminders of your Consultations, administrative notices and other communications that may contain your personal health information, either through our Platform or from a third party secure electronic medical records software. We will always strive to communicate with you via secure channels. However, when we are unable to reach you via secure channels, we may be required to use an unsecured message or contact a family member in order to get in touch with you and provide safe care.

Access to Services

Except as otherwise mentioned, the Services are for use in Quebec only. We do not take responsibility for laws outside of Quebec governing access to our Services. If you use the Platform to access our services elsewhere it is your responsibility to verify that it is appropriate and within the applicable laws of the country or region you are located. We provide our services in compliance with Quebec law and regulation, and cannot take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else.

You are solely and entirely responsible for ensuring that you use the Platform in accordance with these Terms and Conditions in the jurisdiction where you are located at the time of a Consultation and as permitted by that jurisdiction’s law or regulation. If such use is not permitted by the laws or regulations applicable where you are located at the time of a Consultation, we prohibit all access to and use of the Platform. Our Health Professionals have the right to refuse or discontinue the provision of Services to any Users at any time, at their sole discretion.

Communicating with Eden Telemed Professionals

You hereby acknowledge and accept to refrain from inappropriate language or conduct when communicating with Eden Telemed employees and Health Professionals, including but not limited to speech that is abusive, harassing, vulgar, hateful, defamatory, or which discriminates against other people on the basis of gender, race, religion, ethnicity, sexual orientation, family status or disability. You also agree that you will not attempt to communicate with any Eden Telemed employees or Health Professionals through any means other than the Platform, except when mutually agreed or instructed to do so.

Price Policy

Prices and availability of products offered on the Website are subject to change without notice.

While Eden Telemed Inc. makes every effort to ensure that the information on the Website is complete and accurate, it is possible for there to be typographical errors, illustrations,s or pricing inaccuracies on the Website. In such cases, Eden Telemed Inc. reserves the right to correct these errors and/or inaccuracies and shall not be held liable for such errors.
All prices displayed on the Website are expressed in Canadian dollars. Consultation and Service Fees are generally inclusive of all applicable taxes, including GST/QST.

Certain healthcare services are not covered or insured by the health plan of your province or territory of residence, also known as private Healthcare Services. You will be charged a fee for any private Consultations or Healthcare Services you receive from an Authorized Healthcare Professional (the “Provider Fee”) as well as a service fee for your related use of the Eden Telemed Platform (the “Service Fee”, and together with the Provider Fee, the “Fees”). Sometimes, these fees are paid by a third-party payer (for example, your employer) that has entered into an agreement with Eden Telemed or for corporate membership plans.

Users of the Platform and Private Healthcare Services may choose to pay using individual consultations or membership options.

-Individual Consultations: You may pay the Fees for Private Healthcare Services at the time you schedule a Consultation or book a service. Eden Telemed requires you to submit credit card information prior to the provision of any Healthcare Services in order to validate the card. You will not be able to access Healthcare Services through the Eden Telemed 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 Eden Telemed, on behalf of Authorized Healthcare Professionals, may validate your credit card and put a hold on it in the amount of the Fees. Eden Telemed will notify you of any applicable Fees via the Platform and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. We will also issue a receipt for the Fees you pay.

-Membership options. Eden Telemed may allow you to purchase access to certain specified Healthcare Services during a fixed membership term for a flat fee (“Membership Fee”). Eden Telemed will notify you of the applicable Membership Fees based on the membership plans as we; as the Healthcare Services that are included in the Membership Fee in any given year and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services covered by your membership. The only additional fees that would be charged to you would be the Fees for additional Private Healthcare Services that are not covered under your membership fee and are accordingly included as part of your Membership. For access to additional private Healthcare Services not covered by your membership, you must use the individual consultations option. However, your membership will provide you with access to special discounts based on the type of membership you select. Memberships will automatically renew and you will accordingly process the monthly or annual payment until the membership is canceled by you. In the event of an increase in Membership Fees, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fee is typically non-refundable even if you do not use or access Healthcare Services included in your plan for that given period.

-Third-Party Payment. Eden Telemed may permit a third party (for example, an employer) to pay the Fees and/or Membership Fees, for Healthcare Services provided to a User or group of Users. In these circumstances, Eden Telemed has a contract with the third party or corporate membership plan under which the third party discloses personal information including the name, email address, and other contact information of the User(s) for whom they will pay the Fees or Membership Fees for Healthcare Services. Please consult our privacy policy to learn more about the personal information we collect from third-party payers. Eden Telemed is not a party to and has no control over the agreement between any User and third-party payer. Coverage by a third party does not release a User from the obligation to comply with these Terms and conditions except the Terms related to his or her direct payment of the Fees or Membership Fee being paid by such third party payer. Eden Telemed will inform Users of any changes to or termination of their third-party coverage. Users whose third-party coverage is terminated may be given the option of continuing to use the Eden Telemed Platform under their existing account if they pay the Fees or Membership Fees required.

Other Charges and Fees

You may access and use the Platform on a mobile device or via a web browser. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform.

As part of our membership plans, Eden Telemed provides you with a wide range of Services. However, there are some Services that are not included in your plan and you are responsible for paying any fees or charges for those additional services (such as blood or lab tests, covid-19 testing, medication fees, in-person visits with affiliated specialists, etc.). We will always inform you when a Service is not included in your plan so that you may choose whether or not you wish to pay for that Service. 

Generally, when you are looking to obtain a Service or Consultation with any Eden Telemed Health Professional, you and the Health Professional or Provider of the Service or Consultation are entering into a direct business relationship with each other. We will facilitate and process the payment of the applicable fees for a Consultation or Service on behalf of such Health Professional. In this respect, the payment of the fees is considered to be the same as you directly making payment to the Health Professional.  When paying fees for a service or consultation, it is your responsibility to provide us with a valid credit card as the method of payment. Upon your request, if you would like an insurance receipt, we will provide it to you.

Eden Telemed cannot be held responsible for any exchange rate fluctuations, if applicable, or for any processing fees charged by your payment provider or financial institution.

YOU AGREE THAT YOU WILL PAY THE EDEN TELEMED HEALTH PROFESSIONAL FOR A CONSULTATION THROUGH OUR PLATFORM AND THAT YOU WILL NOT PAY ANY EDEN TELEMED HEALTH PROFESSIONAL DIRECTLY FOR A CONSULTATION. ALL PAYMENTS MUST BE MADE THROUGH EDEN TELEMED, FOR ANY SERVICE OR CONSULTATION.

Cancellation Fees

If you would like to cancel or reschedule an appointment you made with any of our healthcare providers or for any of our medical services, you may do so by providing a minimum of 24 hours notice. There will no refund issued if your appointment is under 24 hours notice. If you want to cancel an appointment within 24-72 hours notice, there will be a cancelation fee of $75 CAD.  You may be eligible for a full refund as long as you cancel more than 72 hours prior to your appointment. All requests must be sent by email to info@edentelemed.ca

In the event that you do not show up for your scheduled appointment or you are late by over 5 minutes, you will not be entitled to a refund and your order will be considered fulfilled. Eden Telemed also reserves the right to cancel your appointment if your environment is not safe or confidential or if communication is not secure.

In addition, there will be no refunds for any consultation that was rendered by our healthcare providers.

Termination

Eden Telemed Inc. reserves the right to control usage and to prohibit access to the Website and/or its content at any time. Eden Telemed Inc. may terminate your right to use the Website and/or its content without notice and without cause. Certain provisions of these terms and conditions, including but not limited to those relating to content downloaded from the Website, intellectual property, restrictions on use of the content, and limitations on warranties and liability will continue to take effect even following the termination or expiration of this agreement. Eden Telemed Inc. shall not be held liable to the User and/or any third party for such termination.

We may terminate your use of the Platform, notably in case of any breach, misuse, or non-compliance by you of these Terms and Conditions. We may also terminate access to the Contents, features, functionality, products, and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you, and without any liability.

If you want to terminate your Account with us, you may do so by contacting us to close your Account or cancel your membership plan. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.

Subject to any applicable laws and the ethical and professional obligations of the Health Professionals providing Services to you, we will have no further obligation of any kind whatsoever to you or any other party. We reserve the right to preserve, retain or delete your information, including personal information, in accordance with the Privacy Policy and any applicable laws and regulations.

Please note that if we terminate access to your Account, you will still be able to access records of your past Consultations but you will be unable to schedule any new Consultations with Eden Telemed. For information on how to access the past records of your consultations, please contact us at info@edentelemed.ca

Warranty Disclaimer

SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW. IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM  IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. In no event shall Eden Telemed be liable for any damages (including, without limitation, incidental, special, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Platform or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Eden Telemed is advised of the possibility of such damages. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.

Liability Disclaimer

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.

IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY BUSINESS LOSSES, LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Eden Telemed Inc. makes no, and disclaims all warranties and representations regarding the availability of the Website and/or its content and reserves the right to terminate the Website or to modify, interrupt, or delete any aspect of the Website at any time, in its sole discretion and without notice. The Website and its content are accessible “as is” when available and cannot be modified by the User.

Eden Telemed Inc. assumes no responsibility for the use of the Website and/or its contents, and shall not be held liable for any damage or injury, of any kind whatsoever, that may arise or occur as a result of such use. Any browsing or use of the Website and/or its content is done under the full and sole responsibility of the User and at his or her own risk.

In accordance with the law, Eden Telemed Inc. and its directors, administrators, employees, licensors, representatives, and service providers make no guarantees and shall not be held liable for any representations, guarantees, covenants, and conditions, express or implied, with respect to the Website and/or its content, including but without limitation to:
– The guarantee that the Website and/or its contents meet the requirements and/or needs of the User or are compatible with his computer equipment
– The guarantee that the Website and/or its content are accurate, valid, error-free, appropriate, reliable, truthful, current, complete, and available from any location
– The guarantee that the Website will continue to operate or that it will operate without interruption or errors
Warranties or conditions relating to merchantability and fitness for a particular purpose, non-infringement, legality, or any other warranty given in the ordinary course of business
– The guarantee that the products offered on the Website are always available

IN NO EVENT WILL EDEN TELEMED BE HELD LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE OUR REASONABLE CONTROL.

The User agrees that he or she must comply with local laws in the event that he or she accesses the Website and/or its content from a location other than Canada. Use of the Website in a jurisdiction where the content is illegal is prohibited. Any violation of this provision is entirely at your own risk.

No portion of the Website content shall be construed as constituting a representation, warranty, or advice of a medical, legal, or financial nature. The User understands and acknowledges that he or she must consult a duly qualified professional to verify any information and before acting on any content of the Website.

The User acknowledges that neither Eden Telemed Inc., nor its directors, administrators, employees, licensors, representatives, and service providers shall be held liable in any way regarding the Website and/or its content for any injury, damage, or loss whatsoever, including but without limitation to:

– Direct, indirect, consequential, punitive, exemplary, incidental, or special damages
Any medical or pharmaceutical injury, bodily injury, inappropriate treatment, or injury resulting from death that the User may suffer from as a result of the use or misuse of the Website and/or its content

– Any damage or loss resulting from acts, omissions, inaccuracies or conduct with respect to third-party websites

– Any damages for pain and suffering, emotional distress, harm to business or reputation, loss of data, software or computer resources, loss of profits, benefits or income, loss of salary or employment compensation, loss of savings or loss of opportunity

– Any damage or loss that results from inconvenience, delay, or inability to access or use the Website and/or its contents, or the contents of any related site

– Any damage resulting from viruses or other harmful elements, data corruption, problems or inaccessibility relating to telecommunication services, transmission problems, and/or interception of communications to or from the website

– Any damage caused by the User, his employees, representatives, or service providers

– Any damage related to events beyond the control of Eden Telemed Inc. and its personnel

These limitations apply regardless of the cause of such injury, damage, or loss and regardless of whether arising out of contractual responsibility, extra-contractual responsibility, breach of contract, tort, negligence, grave error, or otherwise, even if Eden Telemed Inc. or its personnel have been advised of the possibility of such injury, damage, or loss and even if it was reasonably foreseeable.

If the User incurs any prejudice whatsoever or does not accept the present terms and conditions, the User should leave the Website immediately.

Indemnity

The User agrees to indemnify and defend Eden Telemed Inc., our affiliated companies, and respective agents, employees, directors, and officers, from any legal proceedings, claims, damages, losses, liabilities, costs, and expenses (including judicial and extra-judicial fees) arising directly or indirectly from any information or content transmitted by email or other correspondence, as well as from the use or misuse of the Website and/or its content subject to the “permitted use” section of these terms and conditions, any misrepresentations made by you or your violation of any rights of a third party in connection with your use of the Platform or Services.

Complete Agreement

These terms and conditions constitute the entire agreement between Eden Telemed Inc. and you with respect to your access to and use of the Website and/or its content or services.

If terms and conditions other than those contained herein are communicated to you, such as any license to use software, such terms and conditions shall take precedence over the present terms and conditions.

Applicable Laws

The website is operated by Eden Telemed Inc. located in the province of Quebec, Canada.

The present terms and conditions, access to and use of the Website and/or its content and services are governed by the laws of the Province of Quebec, and the federal laws of Canada applicable therein, without regard to conflict of law principles. 

YOU HEREBY ACKNOWLEDGE THAT THE COURTS OF THE PROVINCE OR TERRITORY IN WHICH YOU ARE LOCATED AT THE TIME THE TELEMEDICINE SERVICES OR OTHER MEDICAL SERVICES THAT ARE PROVIDED TO YOU SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR ANY COMPLAINT, CLAIM, DEMAND, PROCEEDING OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO SUCH MEDICAL OR OTHER CARE AND TREATMENT OR ADVICE RECEIVED, OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE CORRESPONDING EDEN TELEMED HEALTH PROFESSIONAL. Any other dispute relating to these terms and conditions or the use of the Platform shall be submitted exclusively to a court of competent jurisdiction in Quebec, in the judicial district of Montreal.

The User agrees to waive any right to participate in any class action against Eden Telemed Inc. with respect to this website, its content, services or these terms and conditions.

In the event that any particular provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, such invalidity shall not affect in any way the validity or scope of these terms and conditions, all other provisions of which shall otherwise remain in full force and effect. Any invalid provision shall be deemed severable from the remainder of the Terms and Conditions.

The failure of Eden Telemed Inc. to exercise any of its rights shall not constitute a waiver by Eden Telemed Inc. of any subsequent exercise of such right or of any other right provided for in these terms and conditions.

Consent

You hereby acknowledge that you have given your express, free and informed consent to these terms and conditions.

Contact

We welcome your questions, comments, and requests regarding our terms and conditions or Platform. Please contact us at info@edentelemed.ca.

SimplyBook.me system

For your convenience we provide you with translations of the English language version of these Terms&Conditions and Privacy Policy (collectively “SimplyBook.me Ltd. Terms”).

Definitions

SimplyBook.me services or SimplyBook.me system — is a system provided by SimplyBook.me ltd that allows system users to get various business functionalities that help them to run their business. The SimplyBook.me system can run in Network of sites under various domain names, such as: SimplyBook.me, SimplyBook.it, SimplyBook.asia, 365bookings.cn, Booking.page, Timapantanir.is, BookingTroll.com, BookingTroll.eu and other names that offer the same services.

Service provider or user

Company or person that provides services, rents tools, equipment, space etc. and uses the SimplyBook.me system to accept and treat bookings online, send promotions, sell products and do other related things that helps them run their service business.

Clients or service buyer's

Clients can be any type of person that books an appointment or buys a product online with a service provider that has a user account with the SimplyBook.me system. This can for example be a patient, student, or client.

SimplyBook.me is the processor of data for the clients of the SimplyBook.me system. The user of the system, often same as service provider, is the controller of your data (the client data). You can ask the controller of your data for all personal information that he may hold on you, he can delete it and rectify by your requests.

Acceptable use policy

If you use the SimplyBook.me system or related sites, you agree to that you will not:

— violate any laws, third party rights or our policies;
— use our sites and tools if you are not able to form legally binding contracts, are under the age of 18;
— fail to deliver services ordered from you, unless the buyer gets a refund or can get similar or same service at a different time and date agreed by both parties;
— interfere with other users’ listings;
— post false, inaccurate, misleading, defamatory, libelous content (including personal information) or use the service and site for link building purposes;
— take any action that may undermine feedback and/or ratings systems;
— distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
— distribute viruses or any other technologies that may harm any visitors of the site;
— harvest or otherwise collect information about users, including email addresses, credit cards without their consent.

Client purchase protection

SimplyBook.me does not offer any purchase guarantees concerning client’s payments for appointment bookings or service purchases or other product purchases from service providers. SimplyBook.me offers service providers a way to sell their services, and buyers, clients, patients a method to book these services. Service providers can use our tools to offer their clients to pay for services online. Buyers and service providers share the responsibility for making sure purchases and service orders facilitated by SimplyBook.me are in good spirit, rewarding and hassle-free.

We encourage buyers to work with sellers before opening a complaint with SimplyBook.me. We take no responsibility for wrongful service orders, services provided by service providers or services not provided by service providers even if they are purchased and paid for.

It is strongly recommended that buyers inform themselves about the service provider before booking with them and before paying online and for the service providers to make sure buyers are for real.

If you agree to these terms and conditions, the agreement applies between you, the business you sign up and SimplyBook.me ltd, Cyprus.

Last updated on December 8, 2022.