Terms of Use

These Terms of Use (the “Terms”) govern the access and/or use by individuals who have registered with iHealthOX and have a User Account (“you”, “your”, “user, “member”) for the use of (the term “use” of: (a) iHealthOX Technologies Inc. (“iHealthOX”, “iHealthOX”, “us”, “we” or “our”) website located at www.ihealthox.com (the “Website”); platform, private portal, content, product and all other services provided by iHealthOX collectively, the “Platform”). These Terms of Use form an agreement between iHealthOX and you.

BY ACCESSING AND USING THE PLATFORM, OR PARTICIPATING IN ANY IHEALTHOX PROGRAMS, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AT ANY POINT, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR PARTICIPATE IN ANY OF THE IHEALTHOX PROGRAMS.

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

Except where prohibited by applicable law, iHealthOX reserves the right, at its sole discretion, to change, modify or update these Terms at any time without notice. Your continued access to or use of the platform after any changes constitutes acceptance to any such changes of these Terms. It is your responsibility to review these Terms regularly.

Health Providers on the iHealthOX Platform

A Practitioner (“Practitioner”, “Therapist”) is an independent consultant and regulated professional who is permitted to provide mental health therapy services and is registered as a Health Provider on the iHealthOX Platform. A “Practitioner” may include, but are not limited to, psychiatrists, psychologists, social workers, occupational therapists, and psychotherapists.

A “Care Coordinator” (“Care Coordinator”, “Treatment Provider”) may include employees, agents, or independent contractors who are regulated professionals who are permitted to provide mental health therapy services and are registered to provide healthcare services in a Province or Territory of Canada and provide support on the Platform. iHealthOX is not a healthcare provider.

A “Primary Care Provider” is an independent consultant and regulated health professional who is registered to practice medicine in a Province or Territory of Canada who is permitted to provide health care services as a Primary Care Provider on the iHealthOX Platform. Primary Care Providers may include, but are not limited to, physicians and nurse practitioners.

iHealthOX is not a healthcare provider. All Health Providers (“Practitioners”, “therapist”, “Care Coordinators”, “Treatment Provider”, “Primary Care Providers”) are responsible for their own healthcare services and other services they provide on the iHealthOX Platform. To the extent permitted by the law in the Province or Territory in which you reside, Health Providers may be located in your Province or Territory or another Province or Territory of Canada.

User Account

In order to access the Platform and access the use of Services you will be required to create an account (“Account”) and become a registered user of the iHealthOX Platform. You must be at least 16 years of age to create an Account, unless you are associated with a Third Party that permits individuals under the age of 16 to create an Account. You are only permitted to request Health or Primary Care Services for you or for Registered Dependents you have added to your Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by iHealthOX in writing, you may only possess one User Account. You will use the Platform in accordance with these Terms, and that all information supplied by you on the Platform is true, accurate, current and complete.

Upon registration, you will choose a username and password. You are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Platform under such password or username. You agree to immediately notify iHealthOX of any unauthorized use of your password or username or any other breach of security.

By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services which may include Personal Health Information (“PHI”). iHealthOX cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms. The Terms set out above under “Consent to Services, Use and Disclosure of Personal Information” apply to minors who access the Platform and receive Services with necessary changes to points of detail. Minors may only use the Platform and/or receive Services in the presence of their parent or legal guardian.

Employer Assistance Programs (EAP) or other Network Benefit Programs

In addition to the registration described above, access to the Services through an EAP or an Employer sponsored benefit plan or other insurance backed plans may require you to provide additional registration information. This information is collected to confirm your eligibility with the EAP or network benefit administrator and is not shared with your Provider (who will collect your contact information separately). Further, your Employer or the Employer of the subscriber of your benefits will not be provided this information and your employer will not be told you or your family member are using the Services unless such information is shared by you or part of a pre-arranged special program. This information is required to confirm program or benefit eligibility, your specific benefits, and to prevent insurance and benefit fraud.

Services

The Services as permitted by the iHealthOX Platform and these Terms is provided to assist you in gathering information about the various services offered by iHealthOX and enable you to use the Platform to access and receive any services offered to you through the Platform, including Mental Health Services offered by a Health Provider, access to a Primary Care Provider, Group Therapy and other Services by secure text and video for such services, Support Services offered by our one of our Care Coordinators or Technical Support team to receive related administrative support services via online communication tools and products as applicable, facilitate any payments from you to iHealthOX in respect of your use of the Platform or the receipt of any Services through the Platform and to provide feedback and otherwise communicate with iHealthOX in connection with any other products or Services.

We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the iHealthOX Platform or any other iHealthOX sites and services. We may also do so if we reasonably believe you are in breach of these Terms or your Account has been or may be being used or may be used by an unauthorized person(s).

Type of Services

The type of Services that are available to you through the iHealthOX Platform depends on your province of residence.

Practitioner Provider Services.
1. Are mental health therapy services provided by independent regulatory professionals who are permitted to provide mental health therapy services in a Province or Territory of Canada. The relationship between you and a Treatment Provider is a practitioner-patient relationship. iHealthOX is not a party to that relationship.
Primary Healthcare Services.
1. Are Primary Healthcare service providers who are independent, regulated Primary Care health professionals registered to practice medicine in a Province or Territory of Canada. Primary health care services are available to you if you are a temporary or permanent resident of a Canadian Province or Territory, whether or not physically in the Province or Territory at the time that you request the Primary Health Services (“Residency Requirements”). The relationship between you and an Primary Care Provider (i.e. Physician) providing health care services is a physician-patient relationship. iHealthOX is not a party to that relationship.

All Practitioner and Primary Care Providers are independent contractors of the iHealthOX Platform and are solely responsible for the provision of Services to you and are governed by a regulatory body. All non clinical Support Staff are employees or contractors of iHealthOX and only provide Support Services that do not fall within the scope of practice of any regulated health profession.

For greater clarity, iHealthOX is not a provider of telemedicine or telemedicine services, does not provide healthcare or mental health, social or psychotherapy or any other professional services. iHealthOX is simply a technology service provider that facilitates the Services through the Platform. Your medical and mental health care are solely the responsibility of you.

While the Platform and the Services may provide access to certain general medical information, the Platform and the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your physician or other regulated health professional because of something you have read on the Platform. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.

YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED TREATMENT OR PRIMARY HEALTHCARE 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.

You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.

All Health and Primary Care Providers have the discretion to refuse or discontinue the provision of Services to any Member at any time, including for actual or potential misuse of the Services by a Member.

The duration of a session shall be presented to you at the time of booking. In scheduling your sessions, you must also comply with our booking and cancelation policy set out in these Terms, as such policy may be amended by us from time to time. You may end your relationship with a Health Provider at any time, subject to our termination policy. You agree that you may interact with your Health Provider virtually through the iHealthOX Platform and potentially in person if such services apply.

iHealthOX does not mandate any specific treatment method nor do we recommend any procedure over another. This decision is solely based on the discretion between you and your iHealthOX Care Coordinator and Health Providers. iHealthOX supports Health Providers by providing them with access to the Platform however, exclusive control and responsibility for the delivery of the sessions are reserved to Health Providers.

All Health Providers available through the Platform self-identify the areas in which they are competent and represent that they are permitted to provide services in such areas and are a member in good standing with the regulatory body of their jurisdiction. iHealthOX requires Health Providers to represent and warrant that they are in good standing with their respective regulatory college and to immediately apprise iHealthOX of any changes to such status. Although iHealthOX interviews Health Providers, we have no means to guarantee that such Providers specialize in their claimed fields. While we do our best to ensure the qualifications of Health Providers who deliver Services on the Platform, you agree that iHealthOX shall not be liable for the quality of the service provided by Health Providers. Unless otherwise agreed by iHealthOX, the Services described in these Terms are solely offered within Canada.

You agree that you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service.

You agree to refrain from doing anything which is fraudulent, negligent or which we reasonably believe to be disreputable or capable of damaging the iHealthOX Platform (or iHealthOX Technologies Inc) and Health Providers reputation.

You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Platform and Services including, but not limited to, any content provided by Health Providers. If you have a complaint about another user or a Health Provider please contact us at support@ihealthox.com.

Group therapy

By engaging in group therapy, you agree that the information discussed in the applicable group sessions are confidential. Anything said between any two or more group members at any time is part of the group and are strictly confidential. You agree there is an exception to this confidentiality which applies to the iHealthOX Care Coordinator and Health Providers who have a professional obligation to take direct action as required by law. You understand that you are bound by the full Terms of this entire agreement and if you violate this confidentiality or any part of this agreement you could be removed from the group and the iHealthOX Platform and programs.

Consent, Use and Disclosure of Personal Information

By accessing and using the Platform to receive Services and access various products and services you consent to be consulted by a iHealthOX Care Coordinator, Support Staff and one or more Health Providers. Health Providers may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Support Staff only provide Support Services that are informational in nature. You may withdraw your consent to receive Services or Support Services at any time by ending your communication with the Health Provider or iHealthOX Care Coordinator.

Neither the Health Providers on the Platform nor the services provided by Care Coordinator or Support Staff are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly or as needed or recommended by them.

You acknowledge that iHealthOX is only responsible for providing the software required for the transmission of personal information through the Platform and, in light of the foregoing, iHealthOX cannot be responsible for other purposes for which the Platform is used by Health Providers, nor for the privacy practices of Health Providers. You acknowledge and agree that iHealthOX is not responsible for a breach of your personal information if you use the Platform in a public or unsecure environment where a session may be viewed or overheard (e.g. coffee shop) and such personal information is overheard by others in your vicinity.

iHealthOX disclaims any and all liability related to your interaction with Health Providers that occurs on the Platform or elsewhere.

Only the Health Providers and iHealthOX Care Coordinators will have access to your personal information and neither iHealthOX nor any other party associated with iHealthOX will disclose your personal information to any third party except as may be required by law or as set forth in our Privacy Policy. Your personal information will be securely and digitally stored on servers physically located in North America. Although iHealthOX uses advanced encryption technology and other security protocols to protect your personal information and the privacy of your online consultations with Health Providers, you acknowledge by using the Platform that there are inherent risks to any technology, however remote, that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your personal information. iHealthOX will notify you to the extent required by law of any security protocol failure or breach that has resulted in the unauthorized collection, use or disclosure of your personal information. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.

There are potential material risks that are specifically associated with using online communication tools and which may adversely impact the ability of the Health Providers, Care Coordinator or Support Staff to provide Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Provider to appropriately conduct the session or otherwise obtain sufficient personal information from you to properly conduct the session, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in judgment errors, and (d) unauthorized collection, use or disclosure of your personal information due to a security protocol breach or failure.

iHealthOX is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the iHealthOX Platform.

Fees

Fees to users (Members)

iHealthOX allows you to purchase various types of Membership (“Membership”) access to attain certain specific Programs and Services during a fixed membership term for a flat fee (“Membership Fee”). The Membership Fee is processed to your credit card at the time you initiate your membership. For the duration of your membership, you will not be charged additional fees unless they are specifically covered by your membership. The only additional fees would be for additional services such as Health Provider Services that are outside of your membership and accordingly not covered by your Membership Fee. For access to additional and Health Provider Services not covered by your membership, you must use the pay-per-service-option which can be activated by speaking with your Care Coordinator. Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings or by contacting a Care Coordinator. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fees are non-refundable, except where iHealthOX terminates your access to the Platform. In this instance a refund would be issued based on the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.

iHealthOX uses a third-party Payment Processor. The processing of payments or credits, as applicable, in connection with your use of the Platform, product and additional services as provided by Service Providers will be subject to the Terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this.

You understand that you will be charged a fee for any additional Health Provider Services you receive from the Platform, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. For services that are covered by provincial health plans or personal paramedical spend, you will be provided with a receipt which you may use for reimbursement. Where you have questions about fees charged for Provider Services, please contact a Care Coordinator.

iHealthOX requires you to submit credit card information as part of your membership fees and prior to accessing any additional Health Provider Services. You will not be able to begin accessing Platform after your trial period 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 iHealthOX, on behalf of Health Providers, may validate your credit card and put a hold on it in the amount of the Fees. iHealthOX will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Services. iHealthOX will provide you with a receipt for the Fees you pay.

By engaging our Services, including registering for an Account, you further agree to receive emails and push notifications relating to our Services. If you consent during registration, you also agree to receive text messages. By engaging our Services you may be sent text message(s), e-mails and/or push notifications which provide you with important and useful information regarding our Services. Your mobile telephone network provider’s standard rate may apply for receiving these SMS messages and standard wireless and data charges will apply to any e-mails or push notifications. iHealthOX does not charge you for this correspondence. Your mobile telephone network provider may impose message, standard wireless and/or data charges or charge limitations which are beyond our control and for which you will be solely responsible. You warrant that you are the owner of the mobile telephone to which you have requested the SMS message(s), e-mails and push notifications should be sent to and that you have full authority to authorize such charges and will be solely responsible for charges, if any, to be incurred by the relevant mobile telephone network provider. We are not liable for any delays or failures in your receipt of any SMS message(s), e-mails or push notifications as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device. We reserve the right to suspend or terminate the SMS service without notice to you.

All fees for the iHealthOX Platform membership fees and additional Services are in Canadian dollars and inclusive of all applicable taxes.

Fees to providers

We charge Health Providers a service fee for using the iHealthOX Platform which we deduct from the fees paid for Services. iHealthOX facilitates payment of the fees to Providers. Payment of the fees through the credit card validation and processing arrangement described above shall be considered the same as payment made directly to the Provider.

Cancellation and Refund Policy

By booking a session through the iHealthOX Platform, you agree that you will be responsible for the following Terms of Use of Use as described in our cancellation policy.

Cancelling a booked session – We require at least 24 hours notice prior to cancelling your appointment. You will lose the cost of a half-hour session every time you cancel late (i.e. if under 24 hours).
Arriving late – If the Health Provider is more than 15 minutes late for a session, you have the right to request a full refund for the scheduled service. You agree that such refund will only occur if you cancel the session and that by proceeding with a late session you agree to forego any refund.
Missed sessions – You are responsible for the full amount of any missed session as described in the cancellation policy.
Concluded group 1:1 or therapy/coaching – Refunds are not awarded after a session.

In the event of an emergency requiring late cancellation of a session, please email us at support@ihealthox.com.

Limitation Liability

UNDER NO CIRCUMSTANCE SHALL IHEALTHOX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE IHEALTHOX PLATFORM AND/OR TREATMENT/PRIMARY CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY THE PLATFORM. IHEALTHOX ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE IHEALTHOX PLATFORM AND/OR TREATMENT/PRIMARY CARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE IHEALTHOX PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER. IHEALTHOX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND IHEALTHOX REASONABLE CONTROL. YOU AGREE THAT IHEALTHOX HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE IHEALTHOX SITE OR THE TREATMENT/PRIMARY CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED HEALTH PROVIDERS.

Force Majeure

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages blackouts, earthquakes or floods, civil disorder, unexpected legislation, lockouts, strikes, fire or other disaster.

Indemnification

You agree to indemnify and hold iHealthOX (iHealthOX Technologies Inc.), its directors, officers, employees, agents and shareholders harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use or misuse of the iHealthOX Platform, Services obtained through your use of the iHealthOX Platform; (ii) your breach or violation of any of these Terms of Use of Use or Privacy Policy; or (iii) your violation of the rights of any third party, including Providers, other Users, any person on whose behalf you request such Services and/or referred friends. To the extent that a service is not provided by iHealthOX, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not iHealthOX.

Termination

These Terms will commence on the day you first use the Platform and will continue in force until terminated by either party as described as (the “Term”).

As set out above, iHealthOX reserves the right to terminate any User’s access or use of the iHealthOX Platform at any time, for any reason. If your User Account is terminated, iHealthOX will have no further obligation to provide access to the iHealthOX Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Health Provider in connection with his or her professional obligations to you.

You may deactivate your User Account at any time, for any reason, by contacting a Care Coordinator or sending an email to support@ihealthox.com.

We are not liable to you or any other party for any termination of your Account or access to the Platform. Termination of your User Account will not modify, change or void any payment obligations you may have incurred through your use of the Platform, whether such obligations are to us, a Health Provider or a third party.

We reserve the right to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate any Terms, including suspending or terminating your User Account and/or reporting you to law enforcement authorities.

Ownership

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 Platform are owned or licensed by iHealthOX and are protected by copyright, trade-mark and other intellectual property laws. All other rights therein, except PHI, are and shall remain iHealthOX property or the property of iHealthOX licensors. Neither these Terms nor your use of the iHealthOX Platform convey or grant to you any rights to use or reference in any manner iHealthOX brand elements, company name, logo, product and service names, trademarks or services marks or those of iHealthOX licensors. Content on the Platform and Services is provided to you as is for your information and personal use only and may not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms of Use of Use for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners.

Privacy Policy

Please review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.

Restrictions

While using the iHealthOX Platform, you may not without iHealthOX Technologies Inc. prior written permission, use the Platform, the Services and/or 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:

Link to, frame, mirror or otherwise incorporate any portion of the iHealthOX Platform, the Services and the Content.
Access, monitor, record or copy any part of the Platform, the Services and the Content including, but not limited to, any sessions with Providers, using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the iHealthOX Platform.
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 Platform, the Services and the Content; copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform, the Services and the Content; create derivative works based on the Platform, the Services and the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content;
Attempt to gain unauthorized access to or impair any aspect of the iHealthOX Platform or its related systems or networks.
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Use the iHealthOX Platform in a manner that violates any laws.

In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the iHealthOX Platform, including Health Providers, Care Coordinators and Support Staff. You agree that you will not contact Health Providers in respect of Services outside the Platform unless unrelated to the iHealthOX Platform.

Intellectual Property

Copyright ©2020 iHealthOX Technologies Inc. All rights reserved. All files and information contained in this Site or the iHealthOX Platform are copyright by iHealthOX Technologies Inc., and may not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any content received through the Platform and its Services to any third party, in any way without our written permission. Our Site or the iHealthOX Platform may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Site, iHealthOX Platform or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of iHealthOX Technologies Inc.

Disclaimer of Warranties

The iHealthOX Site, Platform and Services is provided “as is” and “available”. To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, express, implied or collateral, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant the accuracy or completeness of any content accessed through the Site. Information that is periodically updated may not be current at the moment you visit the Site and may contain errors.

We make no representation, warranty or guarantee that the iHealthOX Site, Platform and Services will meet your requirements; that these services will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the Site is free of viruses or other harmful components.

Your use of the Site and its content is at your sole risk. You are responsible for verifying any content before relying on it. For greater certainty, you agree that all risk associated with the use of, or reliance on, any content of the iHealthOX Site, Platform and Services rests with you. You further agree that iHealthOX will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content of the Site.

Not all of the products and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the 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 products, services and/or material described on the iHealthOX Site, Platform and Services available through the Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.

Governing Law

The Site and its contents are designed to comply with Canadian laws and regulations and those of the province in which you live or in which the service is provided.You hereby agree that (a) all aspects of the relationship between you and iHealthOX (as well as its agents, delegates, employees, and any Providers or Support Staff), including without limitation any Services provided to you shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the choice or conflicts of law rules. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum for any dispute arising from your use of the iHealthOX Site, Platform and Services.

General

iHealthOX reserves the right, in its sole discretion, to terminate your access to all or part of this Site or Platform, with or without cause, and with or without notice. iHealthOX reserves the right to modify these Terms at any time. iHealthOX failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You agree to review the Terms each time you access Site or Platform so that you may be aware of any changes to these Terms. These Terms constitute the entire Agreement between iHealthOX and yourself regarding the Service, and supersede and replace any prior agreements you and iHealthOX might have regarding the Service. No joint venture, partnership, employment or agency relationship exists between you, iHealthOX or any third party provider as a result of this Agreement or use of the Services. iHealthOX may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound.

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these Terms.

The Platform may provide links to third party websites. iHealthOX 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 web site is not under iHealthOX control, and if you choose to access any such website, you do so entirely at your own risk. By accessing and using the Platform, the Services and the Content, you expressly release and discharge us from any and all liability arising from your use of any third party website.

You agree that it is the express wish of the parties that these Terms 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 rédigés en anglais.

Contact Us

If you have questions about the iHealthOX Platform or its use, you can contact Support by sending an email to support@ihealthox.com