Last updated April 20, 2022
These Terms of Service (“Terms”) are a legally binding Agreement between you and TelehealthMD, a company
incorporated according to the laws of Saskatchewan, Canada, and its parent companies, holdings, affiliates, and
subsidiaries (hereinafter, jointly, “TelehealthMD”) that governs the use of the website https://www.TelehealthMD.ca,
mobile apps that are at any time developed, and other websites, developments, and/or additional programs that, directly
or indirectly, are used by TelehealthMD to allow the Users to publish, offer, search, and schedule services within the
platform called TelehealthMD (jointly, the “Platform”). When used in these Terms, “TelehealthMD”, “us”, or “ours” refers
to the entity TelehealthMD.
TelehealthMD only undertakes the handling and operation of the Platform https://www.TelehealthMD.ca with the sole
purpose that Patients are able to get in contact with Health Professionals. For purposes of clarity, TelehealthMD does not
provide services nor medical or health attention of any kind. TelehealthMD is not an insurance company and does not
provide any insurance products or recommendations. As the supplier of the Platform, TelehealthMD does not possess,
control, offer, or manage any advertisement or service of the Health Professionals. TelehealthMD is not a part of the
services provided by Health Professionals to Patients. TelehealthMD does not act as an agent of any User, except as
specified in the Payment Service Terms (“Payment Terms”).
When accessing the Platform, you (hereinafter the “User”) are accepting the terms and conditions contained in this
Agreement as well as notices, information published, general and particular use conditions, and instructions published,
since they are part of this agreement. All Users must accept, and be bound by, these Terms of Service and TelehealthMD’s
Privacy Policy before being allowed to register. If the User does not fully and completely accept these Terms, he/she/they
must not access or use the Platform; in the event the User continues to use the Platform, said action will be considered as
an absolute and express acceptance of these Terms, as soon as the User accesses it.
The User accepts that he/she/they is/are an individual, in full use of his/her/their mental capacity and has the legal
capacity to oblige according to these Terms, and that the information registered in the Platform is true, valid, precise, and
corresponds to his/her/their identity.
If you are a Health Professional, it is your responsibility to understand and fulfill all laws, rules, regulations, and agreements
with third parties that apply to the provision of Health Services.
TelehealthMD may revise and update these Terms of Service at any time and without notice to you. You are cautioned
and encouraged to review the Terms of Service posted on this website periodically. Your continued use of the website will
constitute a deemed acceptance of any changes.
TelehealthMD may terminate these Terms of Service and/or its practitioner referral service at any time and for any reason.
TelehealthMD may also deny anyone access to its practitioner referral service at any time and for any reason. Please note
that TelehealthMD’s medical referral service is limited to those over eighteen (18) years of age; TelehealthMD does not
allow minors to participate in the TelehealthMD’s practitioner referral service without parental consent and participation.
This agreement is valid despite errors, fraud, bad faith, or any other conditions relevant to its validity; therefore, you and
TelehealthMD agree to this document.
CLAUSES
1. Definitions
Health Professional Type of User, a professional, who uses the website, being a doctor, odontologist,
psychologist, psychiatrist, physiotherapist, nurse, nutritionist, therapist, or other person
not previously mentioned, that undertakes activities in the health services field and
provides health, medical, or paramedical services.
Patient Type of User who accesses the Platform to seek medical or mental health treatment or
advice from Health Professionals.
Platform The software, applications, website, and content composing TelehealthMD.ca.
User Jointly includes Patients, Health Professionals, and any other person that directly or
indirectly uses and/or accesses the Platform.
2. Rules of Interpretation
In these Terms, the plural includes the singular and the singular the plural.
The words “includes” or “including” shall be understood as “including, but not limited to”.
References to any Person or entity, for purposes of these Terms means an individual, a company, a partnership,
association, trust, or other entity or organization, includes its successors and assignees.
3. Purpose
These Terms govern the Platform where Patients can connect with Health Professionals through a directory. The creation
and management of this directory allows Patients to find information regarding the various Health Professionals who may
treat their ailments or provide medical advice (the “Service”).
Users acknowledge that the Service is limited to facilitating contact between Users. Users accept that TelehealthMD does
not recommend, nor is an agent for, any Health Professional; TelehealthMD also does not verify the suitability or
investigate the extent of the knowledge of Health Professionals. TelehealthMD only works as a platform, with the sole
purpose to put Patients in contact with Health Professionals. The information set out in this website should not be used
for making medical decisions or taking action regarding your health.
4. Service Details
TelehealthMD’s practitioner referral service is the delivery of medical services, information, and advice using interactive
text, audio, and video technology where the client and the practitioner are not in the same physical location.
TelehealthMD is not a service for medical emergencies, nor is it an insurance company or representative of any insurance
organizations.
The type of medical services and advice available to you depends on the Province or Territory and the location you are in
at the time the medical services and advice are provided. This is because the provision of medical services and advice, and
the regulation of practitioners, is regulated by the Provinces and Territories, and the rules and regulations may differ
among the various Provinces and Territories.
TelehealthMD is not liable for any Patient who does not attend at the agreed time he/she/they booked through the
Schedule Calendar. TelehealthMD is also not liable for any Health Professional who does not appear for an appointment
booked through his/her/their Schedule Calendar. If it is necessary to cancel the appointment, the interested parties must
cancel the reservation through the Platform.
TelehealthMD will use reasonable means to ensure the Platform is constantly and consistently available, and up-to-date
at the time information is posted, but does not guarantee the accuracy of any content on the site. There may be
typographical errors, inaccuracies, or other errors; Users are encouraged to report errors to the TelehealthMD Support
Centre so the appropriate corrections can be made. TelehealthMD is not liable for any issues that arise from technical
difficulties, Internet failures, telecommunication networks failures, power surges, power failures, or any other
circumstances unconnected to TelehealthMD.
Additionally, it will adopt several protection measures to protect the Platform against third party computer attacks and to
mitigate any virus and/or other elements introduced by unconnected third parties. Nevertheless, the Users acknowledge
that the Platform may not be available due to technical difficulties.
5. Prescriptions
TelehealthMD’s Health Professionals may be limited to the types and amounts of medication they can prescribe. All
Patients must agree that any prescriptions requested will be solely for the personal use of the individual named on the
prescription. Any adverse reactions to medication should be reported to your family physician; if the reaction becomes
life-threatening call 911 or seek immediate medical aid from the nearest emergency room. Contact a physician or
pharmacist with any questions regarding your prescriptions; do not report them to TelehealthMD, as TelehealthMD only
provides the Platform, and is not a practitioner or healthcare firm and DOES NOT provide medical advice or information,
or medical services.
6. Health Professionals Account Verification
User account verification for Health Professionals is subject to the following guidelines:
I. A Health Professional must provide valid, legal personal and professional information, as well as the information
and documentation that credits him as a Health Professional. The information includes:
full legal name;
email address;
phone number;
licence and/or professional identification number;
name and address of practice;
practice website URL;
years of experience;
specialty or specialties.
II. A Health Professional may only have one User Account; no one is allowed to create a common User Account for
several health specialists. Repeated profiles will be deleted.
III. Profile verification is made based on the professional identification validation of Health Professionals.
IV. A Health Professional may only publish his/her/their own photo. It is forbidden to publish images of another
person, as well as all types of graphic works (for example, logos). It is allowed, due to the characteristics of the
digital format, to retouch photos, as long as it is a global correction that improves quality (for example, saturation,
contrast). Nevertheless, it is not allowed to use selective treatments to add or remove elements, combine several
photos, or change their original composition. It is also forbidden to publish pornographic, obscene, offensive,
immoral, or unprofessional photos.
V. TelehealthMD has a right to request a Health Professional to correct information it deems inexact.
VI. TelehealthMD has a right to validate through third parties the information and documentation provided by the
Health Professional, only with the purpose of confirming he/she/they has/have the required governmental
authorizations for his/her/their professional practice. If the information is false or inexact, TelehealthMD may
suspend the profile of the Health Professional.
7. Users Agreements
Users that wish to use the Platform shall have the following obligations:
I. Register with the Platform, setting up an account (the “User Account”).
II. Provide information that is truthful, valid, and precise (the “Registry Information”).
III. Keep the Registry Information updated. TelehealthMD reserves the right to:
request, at any time, specific information or documentation of the Users with the purpose of verifying the
truthfulness and validity of the Registry Information; and
temporarily suspend User Accounts where Registry Information could not be corroborated, or those
accounts that, at TelehealthMD’s judgment, are deemed to be created with fraudulent purposes.
IV. Keep their password private; in not doing so, the User will assume any damages and/or loss of profits that could
derive from misuse.
V. Legally use the Platform according to applicable legislation, generally accepted moral codes, norms of good
behavior, and public order.
VI. Accept full and exclusive liability for opinions posted regarding a Health Professional on TelehealthMD.ca
(“Patient’s Opinion”).
VII. Regarding a Patient’s Opinion, Patients must:
Refer only to the professional activity of a Health Professional;
Base their opinion only on the personal experience of the Patient regarding a specific Health Professional
(doctor-patient experience) and it must be related to a medical consultation or visit that took place.
*Users acknowledge and agree that TelehealthMD is not liable for the content of Patient’s Opinions.
VIII. In the event that for any reason Health Professionals cease to have a Professional Identification for providing
services, they must notify TelehealthMD immediately so their account can be deleted from the Platform.
8. Users “Don’ts”
TelehealthMD’s Platform Users must refrain from the following activities:
I. Sharing their password or allowing access to their User Account to any third party. In case they forget their
password, or in any other circumstance that involves an access risk and/or use by unauthorized third parties, the
User will immediately notify the Support Centre of TelehealthMD, so that it can immediately block and substitute
the password. All Users recognize the personal and non-transferable quality of their passwords.
II. Uploading information, publicity, and/or contents of Third Parties.
III. Using the Platform in an illegal, or fraudulent manner.
IV. Accessing or attempting to access restricted or unauthorized resources within the Platform.
V. Using the Platform for illegal purposes, damaging the rights or interests of third parties, or in any other manner
harming the Service.
VI. Damaging the Platform or systems of suppliers or third parties.
VII. Introducing, circulating, or undertaking acts with the purpose of distributing computer viruses, or any other
physical or logical systems that are susceptible to causing damages to TelehealthMD’s systems, its suppliers, or
third parties; attempting, accessing, and/or manipulating data of TelehealthMD, third-party suppliers, or other
Users.
VIII. Reproducing, copying, or distributing any elements inserted in the Platform, without the corresponding written
authorization of a legal representative of TelehealthMD.
IX. Undertaking or attempting reverse engineering, decompiling, or undertaking inverse compilation, disassembling,
listing, printing, or showing the software, firmware, middleware, or any other part of the source or compiled code
that forms the Platform and any of its programs and components, or by any other means obtain the source code
or other proprietary information of the Platform.
X. Undertaking fraudulent operations on the Platform. For purposes of this document, fraudulent operations are any
act made by a User to obtain undue gain or benefit, including, but not limited to, identity theft, creation of false
accounts or double user accounts; input of false financial or banking information, or that was previously extracted
from third parties; collusion with any other User or personnel of TelehealthMD for fraudulent behavior; and/or in
general, any isolated or repeated act that has asits purpose to deceive the Platform or TelehealthMD for an undue
gain.
XI. Regarding the Patient’s Opinion, Patients agree and acknowledge that they must abstain from:
Publishing opinions that may be considered pornographic, obscene, offensive, and immoral.
Attempting to manipulate opinions, information, and evaluations.
Violating public order rules, through information, opinions, and comments, notwithstanding that a Patient’s
Opinions will not be public. In particular, they must abstain from vulgar, offensive, or abusive expressions,
use of nicknames in reference to the private and family sphere, accusation of a crime, call to violence or
racial, religious or ethnic hatred, or any other expression that results in offense by or among Users.
Adding opinions with the purpose of slandering the Health Professional, that question the content published
by the professional on the Platform, or that question the professional qualifications of the professional.
9. Duration, Termination, Suspension, and Other Measures
Duration. The agreement between you and TelehealthMD reflected in these Terms is in effect when you access the
Platform (for example, to create an account) and remains in effect until you or TelehealthMD rescind the agreement
according to these Terms.
Termination. You may rescind this agreement at any time by deleting your account. TelehealthMD may rescind this
agreement and your account for any reason by notifying you 30 (thirty) calendar days in advance via email or using any
other contact information you provided in your account. TelehealthMD may also rescind this agreement immediately and
without previous notice and cease to provide access to the Platform if you breach these Terms, our Policies, applicable
laws, or if it is considered that the rescission is necessary to protect TelehealthMD, its Users, or third parties. If your
account is inactive for more than two years, TelehealthMD may cancel it without prior notice.
Infractions Committed by Users. If you i) breach these Terms, the Policies, or Rules; ii) breach laws, applicable regulations,
or rights of third parties; or iii) TelehealthMD considers it reasonably necessary to protect TelehealthMD, the Platform, its
Users or third parties, TelehealthMD may, with or without previous notice:
• Suspend or limit your access or use of the Platform and/or your account;
• Suspend or delete advertisements, evaluations, or other content;
• Cancel bookings or pending or confirmed appointments; or
• Suspend or revoke any special status associated to your account.
In the event of minor infractions, or when appropriate, as determined by TelehealthMD at its sole discretion,
TelehealthMD will notify you of any measure it takes, and you will be given a chance to solve the problem. You may appeal
the actions taken as a result of this Clause by contacting the Support Centre.
10. Search and Booking of Consultations on the Platform
Search. You may search for the Services of a Health Professional by using criteria such as the type of Service from the
Health Professional or the area of specialty. You may also use filters to refine your search results. Search results are based
on the relevance of your search; relevance takes into consideration factors such as price, availability, evaluations, client
service, cancellation history, popularity, Health Professional requisites, and more.
Reservations. By reserving an appointment in the Scheduling Calendar of a Health Professional, you accept the cost of all
charges for the Consultation, including the Consultation, applicable fees, the Service Fee of the Platform, offline fees,
taxes, and other elements identified during the payment process (jointly, the “Total Price”). You also accept that the
payment provider appointed by TelehealthMD may charge and collect any security deposit identified during the
appointment booking process and payment. When you receive confirmation of your booking, you and the Health
Professional will directly enter into an agreement for the Services of the Health Professional. The cancellation policy and
any other rules, standards, policies, or requisites identified in the Health Professional’s Profile or during the process of
booking and payment are part of your agreement with the Health Professional.
11. Changes
Patients and Health Professionals are responsible for any change in the reservation they accept via the Platform, or they
request via the Platform’s Support Centre (“Reservation Change”) and agree to pay any additional amount, commission,
or tax related to any Reservation Change.
12. Privacy Policy
By signing or accepting these Terms, Users state that they have read and accepted the Platform’s Privacy Policy that is
available on the Platform. For more information on treatment of personal data, Users must review the Privacy Policy.
13. Liability and Indemnity
By agreeing to these Terms, Users are informed of the Service, which is limited to putting Patients in contact with Health
Professionals. Additionally, Patients are advised that the Platform does not recommend Health Professionals nor verifies
their professional suitability, nor the authenticity of the documents that back their academic or professional history.
Likewise, they consent that neither TelehealthMD nor the Platform provide medical attention or services.
Additionally, Health Professionals agree to release and indemnify TelehealthMD, as well as its partners, shareholders,
investors, representatives, powers of attorney, agents, legal advisors, service providers, and employees of any expenses,
damages, and/or loss of profits (including reasonable lawyers’ fees) they suffer as a result of any claims, suits, litigations,
inspections, verifications, or in general, judicial, administrative, or extrajudicial proceedings filed against TelehealthMD or
the aforementioned persons.
Health Professionals acknowledge that if there is any expense, expenditure, liability, or obligation, binding and enforceable
for the Health Professional, including, but not limited to, tax or labour obligations, TelehealthMD or the person designated
shall not be liable, and is released in this act against any obligation or liability that, if applicable, could be caused for the
Health Professional. Additionally, they agree to release it of any claim, of any nature, made by Patients against the Health
Professional and, as applicable, to reimburse each and every expense TelehealthMD makes for the aforementioned
concepts (including, without limit, lawyers’ fees and expenses), such as legal representation in trial, negotiations, and
other legal acts for individual labour conflicts, union negotiation expenses, or any other related to collective conflicts,
employer substitution expenses, if applicable, and any other that could be caused according to this Clause.
In certain cases, the Platform allows Patients to describe to Health Professionals the ailment(s) that specifically motivate
the request for a professional appointment or medical consultation through an online meeting. Said functionality has, as
sole purpose, to provide information for Health Professionals but does not constitute the keeping or creation of a clinical
history, since they are isolated and specific data, which treatment is subject to the terms of the Platform’s Privacy Policy.
In this regard, it is the sole and exclusive responsibility of Health Professionals to undertake the reviews and medical
research that apply, as well as order clinical studies necessary for diagnosis. TelehealthMD does not assume liability for
the truthfulness or reliability of the information contained in an online meeting.
TelehealthMD shall not be liable to the Users, according to this document, in case they may not use the Platform, or the
Service may not be provided for Force Majeure (unforeseeable circumstances that prevent services from being provided),
including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, seism, telluric movements, strikes,
wars, insurrections, riots, rebellions, shut down, hackers’ cyber-attacks, acts of God, or other causes similar or different in
nature.
14. Intellectual Property
Users acknowledge and accept that all intellectual and industrial property rights over the Platform and over all contents
and elements included in the Platform (such as, but not limited to, trademarks, patents, copyright, logos, figures,
commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, and audio
and video elements) belong to TelehealthMD (“Intellectual Property”).
Any reproduction, distribution, transmission, copying, alteration, exploitation, publication, diffusion, or disposition of the
Intellectual Property is strictly forbidden without the previous written consent of a legal representative of TelehealthMD.
Any use or exploitation of the Intellectual Property that is not authorized by a legal representative of TelehealthMD
previously and in writing shall be sufficient reason to cancel the User Account, notwithstanding the administrative, civil,
and criminal penalties the breacher may incur.
Health Professionals may upload various content (the “Content”) to the Platform via their User Account (i.e., photographs
of the Health Professional). It is forbidden for Health Professionals to upload advertising or content of third parties.
TelehealthMD does not ensure the truthfulness or reliability of all Content.
Content published or shared by Users may be visible to members and visitors to the Platform. When there is an
opportunity to select settings, we will respect the choices the User makes on who may see the content or the information
(for example, sharing content only with subscribers, restricting visibility of the User’s profile in search engines, and
choosing not to notify or publish data through any means).
User’s consent will be required in case of granting to other persons the right to publish their Content. Notwithstanding, if
the User decides to share his/her/their information, we will allow search engines to show said Content in their servers.
Users grant TelehealthMD a non-exclusive, time unlimited, royalty-free licence for using the Content for purposes of
providing the Service.
15. Independent Relation
Nothing of what has been established in these Terms shall constitute or be construed as creating an association,
partnership, co-investment, consortium, or anything similar between the Parties. The Parties shall always be considered
as independent contractors. None of the Parties shall have control or authority to manage the operations or personnel of
the other Party.
It is clearly agreed between the parties that TelehealthMD is an independent contractor and, as a result, nothing of what
is contained in this Agreement must be construed in a manner that assumes that the Users are employees of TelehealthMD
and vice versa. It is understood that the Services will be provided by the personnel that will be hired and paid by
TelehealthMD, and will work under its management, supervision, subordination, and dependency, without there being a
contractual relation, whether labor or of any other nature, between TelehealthMD’s personnel with which it provides the
Services, subject matter of this Agreement, and the Users.
All practitioners providing medical advice or information through TelehealthMD’s practitioner referral service are
independent, regulated practitioners licensed to practice healthcare in a Province or Territory of Canada. TelehealthMD
is not a practitioner or healthcare firm and DOES NOT provide medical advice or information, or medical services.
The individual practitioners alone are responsible for the medical services and advice that they provide through
TelehealthMD’s website and the practitioner referral service. If you want more information about the practitioner
providing you with advice, please consult their profile on TelehealthMD’s website or the governing body of the Province
or Territory of Canada where the practitioner is licensed to practise healthcare (in most Province and Territories the
“College of Physicians and Surgeons”).
TelehealthMD may provide for-party links as a convenience only, and is not responsible for the content of any linked
website or any link contained in a website. Inclusion of links does not imply endorsement, investigation, or verification by
TelehealthMD of the linked website or the information contained therein. Use of such third-party websites is solely at
your own risk, and TelehealthMD will not be liable for any claims, losses, or damages suffered resulting from interpretation
of, reliance on, or use of, such website information.
16. Assignment
Users may not assign their rights and obligations assumed when subscribing to these Terms, without the previous written
consent of a legal representative of TelehealthMD. TelehealthMD may assign these Terms to any third party that succeeds
it in the exercise of its business, or assumes the ownership of the Platform, or is within the same corporate group.
17. Notifications
Any notification, request, or other communication to be delivered to any Party under or regarding these Terms must be
made by the Users to TelehealthMD in writing, and signed by or on behalf of the User. Any notification of the Users to
TelehealthMD must be sent via i) email; ii) courier service; and/or (iii) personally, at the office established for the Support
Centre.
Unless otherwise stated, any notice and other communication intended for Users, necessary or allowed according to these
Terms, shall be made electronically and delivered by TelehealthMD via email, notification on the Platform, or message
(including SMS), or any other contact method that you provide and authorize when registering your User Account.
18. Amendments
These Terms may be amended, added to, or changed by TelehealthMD; in which case the date of the latest update will be
changed at the top of this document. The User expressly acknowledges TelehealthMD’s right to amend this Agreement at
any time, having to periodically review the Terms in effect.
19. Term
These Terms shall be in effect and mandatory and binding for all Users who have an active User Account on the Platform
and do not request the cancellation of the account.
20. Taxes
Each Party shall be liable for payment of all taxes and/or contribution that are caused as a result of the obligations agreed
in these Terms.
None of the Parties make any representation or guarantee to the other Parties regarding tax treatment of these Terms,
and each of said Parties must be based solely on the recommendations of their tax advisors regarding tax consequences
of these Terms.
Conclusion
These Terms of Service shall be governed by the laws of the Province of Saskatchewan and the Federal laws of Canada
applicable therein. Any disputes shall be governed by the Courts of the Province of Saskatchewan without reference to
conflict of laws principles.
By using the TelehealthMD’s website and its practitioner referral service, you acknowledge that you have read these Terms
of Service and agree to be bound by them.
The effective date of this Privacy and Confidentiality Policy is April 20, 2022