Terms of Use Agreement

Last updated June 16, 2023

Welcome to My Compass Clinic Inc. ("the Clinic" also known under the operating name “My Compass Health: ADHD and Mental Health Services”). This Terms of Use Agreement ("Agreement") sets forth the terms and conditions for accessing and using our website and patient portal. By accessing and using the website and patient portal, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms, please refrain from using the website and/or the patient portal.

Accessing the website, patient portal or any other associated forms of content under the Clinic do not constitute, and are not a substitute for, medical advice or the services of a regulated health professional and no advice is given unless and until you are connected with a professional for health services. The Clinic should not be used if you are experiencing a medical emergency. If you have a medical emergency, you should call 911 immediately or attend the emergency room of the nearest hospital. Under no circumstances should you attempt self-treatment based on the Content of the website or portal.

Eligibility:

  1. Users must be at least 18 years old to access and use the website.
  2. Users must be residents of Ontario, Canada, and physically located in Ontario while using the website, portal or services.
  3. The website is not to be used for medical emergencies. In case of a medical emergency, please contact emergency services immediately.

Services Provided:

  1. The Clinic provides virtual medical services, including consultations, assessments, and treatments, through Nurse Practitioners, Registered Nurses, and Registered Psychotherapists.
  2. The services provided are subject to the terms and conditions set forth in separate agreements and applicable laws.

User Obligations:

  1. Users agree to use the website solely for lawful purposes and in compliance with all applicable laws and regulations.
  2. Users must not engage in any activity that may disrupt the website's functionality, compromise its security, or interfere with other users' access or use.

Patient portal:

  1. To access certain features of The Clinic, you may be required to successfully sign up for a patient portal account and establish a username and password login credentials (the “User ID”). If you establish a User ID, you will keep your User ID and password secure and will not grant access to or otherwise share your User ID and/or password with any other person. You must provide us with true, accurate, current, and complete information for your patient portal. If we believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your access to The Clinic.
  2. We reserve the right to disable any Patient portal access issued to you at any time at our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing The Clinic (or any portion thereof).
  3. The Clinic is entitled to act on instructions received through your account. The Clinic is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of The Clinic and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access The Clinic under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.

Electronic communications:

  1. When you use or view the patient portal or send emails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We may communicate with you by email, by text message or by requesting form completion through the patient portal. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
  2. If you elect to receive text messages through the Clinic, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Clinic
  3. By creating an account to access the patient portal, you acknowledge and agree that The Clinic will send you service-related emails and text messages relating to your account, including service updates. These communications can be managed through user features made available through the patient portal from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in writing. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward your patient portal access will be deleted. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.

Intellectual Property:

  1. All intellectual property rights related to the website, including trademarks, copyrights, and proprietary materials, belong to the Clinic.
  2. Users may not use, reproduce, or distribute any of the Clinic's intellectual property without prior written consent.

Disclaimer of Warranties:

  1. The website and its content are provided on an "as is" basis, without warranties of any kind, including accuracy, reliability, or completeness.
  2. The Clinic does not guarantee the availability, functionality, or uninterrupted access to the website.
  3. The website does not provide medical advice. The information provided on the website is for general informational purposes only and should not be considered a substitute for professional medical advice. Users should consult with qualified healthcare providers for specific medical concerns or advice.

Limitation of Liability:

  1. To the fullest extent permitted by applicable law, in no event will My Compass Clinic: ADHD and Mental Health Services Inc. or our affiliates or our or their respective officers, directors, shareholders, employees, contractors, agents, licensors, licensees and services providers and any successors be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any direct, indirect, incidental, consequential, special, exemplary or punitive damages; or lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, in each case, whether or not we were advised or should have known of the possibility of such damages, resulting from or related to the Clinic or the inability to make use of the Clinic, or these terms of use. If you are dissatisfied with any portion of the Clinic, your sole and exclusive remedy is to discontinue use of the Clinic.

Modification and Termination:

  1. The Clinic reserves the right to modify, suspend, or terminate the website or any part thereof at any time without prior notice.
  2. The Clinic may modify this Agreement at its discretion, and continued use of the website after modifications constitutes acceptance of the updated terms.

Payment:

  1. To pay for services, you will need to provide The Clinic or, if applicable, a third-party payment processor, Stripe, (the “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested in the patient portal or the applicable Payment Processor’s platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, if any, in addition to these Terms of Use. To the fullest extent permitted by applicable law, we are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay for your services via credit card or any other manner then available from the Clinic or applicable Payment Processor’s platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience (but within thirty (30) days of credit card authorization). You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We and any Payment Processor are not liable in the event persons acting with or without your permission use your credit card or other means of payment to pay for services received through the Clinic or the Payment Processor’s platform; however, you may report any unauthorized use to us or the Payment Processor, and we and/or the Payment Processor will use reasonable measures within our control to help prevent future unauthorized use of your card. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your chosen payment provider and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, either through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
  2. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or, where applicable, the Payment Processor if your payment method is cancelled for any reason or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your patient portal. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services in accordance with these Terms of Use.

Governing Law and Jurisdiction:

  1. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, Canada.
  2. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario.

Entire Agreement:

This Agreement constitutes the entire agreement between the user and the Clinic, superseding any prior agreements or understandings.

Privacy and Data Protection:

  1. The Clinic is committed to protecting the privacy and confidentiality of user information. The collection, use, and disclosure of personal information are governed by the Clinic's Privacy Policy, which can be found on the website.
  2. Users understand and agree that the transmission of information over the internet is not completely secure, and the Clinic cannot guarantee the absolute security of data transmitted through the website.

Third-Party Websites and Content:

  1. The website may contain links to third-party websites or content for informational or reference purposes. The Clinic does not endorse or assume responsibility for the accuracy, reliability, or content of such third-party websites or content.
  2. Users acknowledge and agree that their access and use of third-party websites or content are at their own risk, and the Clinic shall not be liable for any damages or losses arising from such access or use.

Indemnification:

Users agree to indemnify, defend, and hold the Clinic, its employees, and affiliates harmless from any claims, liabilities, damages, costs, or expenses arising out of or related to the user's access or use of the website, violation of this Agreement, or infringement of any intellectual property or other rights.

Severability:

If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver:

The failure of the Clinic to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it in the future.

Assignment:

Users may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Clinic. The Clinic may freely assign or transfer this Agreement without user consent.

Headings:

The section headings in this Agreement are provided for convenience only and shall not affect the interpretation or construction of the Agreement.

Language:

This Agreement may be drafted in multiple languages for reference purposes. In case of any discrepancies or conflicts, the English version shall prevail.

Juvonno: Terms of use and privacy policy

https://www.juvonno.com/legal/terms-of-service

Stripe terms of use Canada:

https://stripe.com/en-ca/legal/ssa

Contact Information:

For any questions or concerns regarding this Agreement, please contact us info@mycompasschealth.ca