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Dialogue Terms of Use

Effective October 11, 2016

Introduction

Welcome to Dialogue! Dialogue is a secure telemedicine platform provided and made available to you by Dialogue Technologies Inc ("Dialogue", "we", "us" or "our") through the Dialogue mobile phone application (the "App") and the Dialogue website located at www.dialogue.co (collectively, the "Platform").

The following terms and conditions (the "Terms of Use") are the terms and conditions for the Platform.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

These Terms of Use constitute a legally binding agreement between you and Dialogue regarding your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use. You should also read our Privacy Policy, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use the Platform.

You must read and complete the Patient Consent Form before using the Platform. The consent form describes the risks and limitations of telemedicine and obtains your consent to care via telemedicine.

These Terms of Use are effective as of October 11, 2016. Dialogue may update or revise these Terms of Use from time to time. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of this agreement, your sole recourse is to terminate your use of the Platform. If you breach any of these Terms of Use, your authorization to use the Platform automatically terminates and you must discontinue all use of the Platform.

Provision of the Platform

We hereby grant you permission to access and use the Platform solely for your personal non-commercial purposes and only as permitted by these Terms of Use or any Additional Terms (defined below).

You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.

Telemedicine Consultations

Telemedicine refers to healthcare services provided at a distance using information and communications technologies, such as interactive audio and video technology. The Platform allows you to access quality medical and healthcare services (the "Healthcare Services") from licensed or accredited healthcare professionals, including but not limited to physicians, nurses, psychologists, dietician/nutritionists (each, for the purposes of these Terms of Use, a "Healthcare Professional") via an on-demand telemedicine consultation ("Consultation").

During a Consultation on the Platform, you and Healthcare Professional will discuss your medical history, your symptoms, and any treatment that may be required. The Healthcare Professional may use the communication and interactive features of the Platform to examine and assess your condition and may prescribe medication to you or refer you to another healthcare provider for examination, treatment or follow-up care.

Telemedicine is convenient and promotes access to healthcare. However, there are certain limitations and potential risks associated with telemedicine, including, but not limited to, the following:

  • Telemedicine is dependent on broadband infrastructure and Consultations are susceptible to degradation or loss of connection;
  • Not all health conditions can be diagnosed through telemedicine due to technological limitations;
  • A healthcare professional may not have access to your up-to-date medical records, which may result in inaccurate diagnosis and treatment; and
  • Although Dialogue protects your personal information and personal health information through integrated physical, technological and administrative safeguards, 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 replace your existing healthcare providers, such as your family doctor.

Do not use the Platform for medical emergencies. If you have a medical emergency you must contact emergency services in your area or go to the nearest hospital or healthcare center.

Healthcare Professionals and Healthcare Services

Healthcare Services on the Platform are provided by Healthcare Professionals. All Healthcare Professionals on the Platform are licensed or accredited to practise by the applicable regulatory authority in the province or territory of Canada where they practise.

Healthcare Professionals (other than Dialogue's staff Healthcare Professionals) on the Platform are independent contractors, not employees or agents of Dialogue.

DIALOGUE PROVIDES A TECHNOLOGY PLATFORM THAT CONNECTS YOU WITH STAFF HEALTHCARE PROFESSIONALS AND INDEPENDENT THIRD PARTY HEALTHCARE PROFESSIONALS. THE INDEPENDENT THIRD PARTY HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL HEALTHCARE SERVICES PROVIDED TO YOU ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND ANY MEDICAL PROCEDURES PERFORMED. DIALOGUE DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER THE PROVISION OF HEALTHCARE SERVICES BY THE INDEPENDENT THIRD PARTY HEALTHCARE PROFESSIONALS, THE MATERIALS, TOOLS OR METHODS USED BY A THIRD PARTY HEALTHCARE PROFESSIONAL, THE TREATMENT PROVIDED BY A THIRD PARTY HEALTHCARE PROFESSIONAL OR THE CONDUCT OF A THIRD PARTY HEALTHCARE PROFESSIONAL. NEITHER DIALOGUE NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY HEALTHCARE SERVICES PROVIDED TO YOU BY A THIRD PARTY HEALTHCARE PROFESSIONAL.

No Guarantee

Although we take careful steps to verify the credentials and quality of Healthcare Professionals, we do not confirm their competency or their proficiency in the practice area in which they offer their services. We make no guarantees or representations regarding the skills or representations of Healthcare Professionals or the quality or accuracy of the Healthcare Services that such Healthcare Professionals may provide. It is entirely up to you to: (i) evaluate a Healthcare Professional's credentials, qualifications and experience; and (ii) determine whether a particular Healthcare Professional's Healthcare Services will meet your requirements. DIALOGUE DOES NOT GUARANTEE OR WARRANT ANY THIRD PARTY HEALTHCARE PROFESSIONAL'S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE HEALTHCARE SERVICES PROVIDED BY A THIRD PARTY HEALTHCARE PROFESSIONAL.

Accounts

In order to use the Platform, you must register for an account ("Account"). You must be over the age of 14 to register for an Account. You are solely responsible for ensuring that the use of the Platform in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Platform.

As part of the registration process, you will be required to provide us with certain information, such as your full name, email address, mailing address, a copy of your provincial health card and a password that is unique to the Account. You may also be required to provide us with payment and banking information to facilitate payments to and from your Account. 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 unauthorized person with access to your Account.

Account Confidentiality

You are responsible for maintaining the confidentiality of your password. 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 we 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.

Dependent's Account

A person under the age of 14 (a "Minor") or a person who lacks the necessary capacity to give valid consent to his or her medical treatment (each being a "Dependent") is permitted to use the Platform. In order for a Dependent to use the Platform, the Dependent's parent or lawful guardian must register for an Account on behalf of the Dependent. If you register for an Account on behalf of a Dependent, you are responsible for complying with these Terms of Use. You must also complete a Patient Consent Form on behalf of the Dependent.

A Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her medical treatment on a case-by-case basis. If the Healthcare Professional determines that a person is a Dependent, the Dependent's parent or lawful guardian must complete the steps described immediately above in this section 6.2 prior to the Dependent receiving Healthcare Services.

Covered Person

A person who is covered by or may become eligible for coverage under the terms of an insurance plan for Healthcare Services provided on the Platform is a "Covered Person". Each Covered Person must register for an Account and use the Platform in accordance with these Terms of Service. For clarity, Dialogue refers to a covered person as "Family" in the Platform. For greater certainty, a Dependent that is a Covered Person is subject to the requirements in section 6.2 above.

Account Termination and Cancellation

We may terminate, suspend or otherwise restrict or prohibit your access to and use of your Account or the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

You have the right to close your Account at any time once all obligations associated with the Account have been completed. Please see Section 16, Termination and Cancellation, for more details.

You acknowledge and agree that if we disable access to your Account, you may be prevented from accessing the Platform, your Account details or any files which are contained in your Account. For information on how to access your health records, please contact us at hello@dialogue.co

Privacy and Personal Health Information

By accessing or using the Platform, you understand that we will collect and use certain information about you, including your personal information and personal health information.

When you use the Platform, we will collect and store personal health information, such as symptoms, medical history, Consultation history, diagnosis and treatment information.

All information collected is encrypted and stored securely in accordance with Canadian laws and guidelines regarding personal health information storage and telemedicine.

We will collect your physical address for any Consultation regarding mental health at the time of the Consultation. This is to ensure that appropriate resources can be sent to you if necessary and required by law (e.g., if you are deemed to be a potential danger to yourself or others).

Dialogue does not record or store recordings of Consultations. Data obtained from Consultations will be anonymized and de-identified before being analyzed and used by Dialogue for product development and research purposes.

For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy. Questions or requests with respect to your personal information may be sent via email to privacy@dialogue.co.

Communications

We may send you certain communications in connection with your use of the Platform. For example, we may send you reminders of your Consultations, administrative notices and other information about your use of the Platform. We prefer to send you communications containing your personal health information through our secure Platform or from our secure Electronic Medical Records software. However, under certain circumstances, we may be required to send you communications containing your personal health information by email and in these cases we cannot guarantee the security or confidentiality of such communications.

Use of the Platform by You

Your use of the Platform is subject to all applicable local, provincial, state and federal laws and regulations.

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose.

You agree that you will not record and/or distribute in any way, manner or form any Consultation without our prior written authorization.

In addition, you agree that you will not use the Platform to:

  • promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;

  • promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another's privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;

  • upload, post or otherwise make available any material that contains viruses, malware or other malicious software;

  • upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;

  • make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;

  • engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;

  • engage in any activity that attempts to extract any proprietary software used to maintain the Platform; or

  • track, trace or harvest any information on any Account or any other person who visits the Platform.

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 of Use and for the consequences (including any loss or damage which we may suffer) of any such breach. In addition, Dialogue reserves the right to investigate, suspend and/or terminate and deactivate your Account if you engage in any of the above activities, misuse the Platform or otherwise engage in acts that Dialogue regards as inappropriate or unlawful.

Use of the Platform through Mobile Devices

You may access and use the Platform through a mobile device, including through the App. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.

Dependents

All Dependents must be supervised by their parent or lawful guardian at all times when using the Platform, including during the entire duration of a Consultation.

Geographic Limitations

You acknowledge and agree that the Platform is not intended to be accessed or used outside of Canada and may not be available outside of Canada. The Platform also may not be available in all locations within Canada. Please contact us at hello@dialogue.co for further information regarding the availability of the Platform.

Payments

When you select a Healthcare Professional to provide you with Healthcare Services, you and the Healthcare Professional are entering into a business relationship directly with each other.

You are responsible for paying any fees or charges ("Charges") for a Consultation, unless a third-party has arranged with us to pay the Charges on your behalf.

We will facilitate and process the payment of the applicable Charges for a Consultation on behalf of a Healthcare Professional. The payment of the Charges in this manner is considered to be the same as you directly making the payment to the Healthcare Professional.

If you are paying the Charges for a Consultation, you must provide us with a valid form of payment, such as a valid credit card or debit card.

We are not responsible for exchange rate fluctuations or for any processing fees charged by your payment provider or financial institution.

YOU AGREE THAT YOU WILL PAY A HEALTHCARE PROFESSIONAL FOR A CONSULTATION THROUGH OUR PLATFORM AND THAT YOU WILL NOT PAY ANY HEALTHCARE PROFESSIONAL DIRECTLY FOR A CONSULTATION. ALL PAYMENTS MUST BE MADE THROUGH US.

Cancelling a Consultation

You may cancel a Consultation in accordance with the cancellation policy established by the Healthcare Professional, including any applicable cancellation fees. You may cancel any scheduled consultation with a 24-hour notice without incurring any cancellation fees.

Disputes

All disputes between you and a third party Healthcare Professional are between you and such Healthcare Professional and not with us. However, if you are unhappy with the quality of the Healthcare Services provided by a third party Healthcare Professional, please contact us at hello@dialogue.co. We will investigate and review all complaints within a reasonable period of time. Upon review, we may, in our sole discretion, decide to provide a refund to you. Under no circumstances do we have an obligation to resolve any dispute or provide a refund to you.

Neither you nor a third party Healthcare Professional shall have any claim against us arising from a dispute or our resolution of a dispute. You release us from all claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Accepting the Terms of Use and Additional Terms

By accessing and using the Platform in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Platform, please read these Terms of Use and contact us if you have any questions.

We reserve the right to amend, modify and supplement these Terms of Use from time to time as we see fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Platform ("Additional Terms"). By accessing and using the Platform, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and the Privacy Policy are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Platform and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.

Links to Third-Party Sites

Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites, you do so entirely at your own risk. You acknowledge and agree that we 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 use of or reliance on any such third party websites.

Ownership of Intellectual Property Rights

The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the "Contents") and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term "Platform" includes all of the Contents.

The Platform together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Platform, is the exclusive property of Diagram, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms of Use gives you a right to use any of the Contents, our trade-marks or other intellectual property of Diagram. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.

No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Dialogue or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

Termination and Cancellation

We may terminate your use of the Platform and/or 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 closing your Account, where we have made this option available to you. 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 Healthcare Professional(s) providing Healthcare 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.

For information on how to access your health records, please contact us at privacy@dialogue.co

Third-Party Information

Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Healthcare Professionals, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

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. 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.

Limitation of Liability

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 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.

Connectivity

WE SHALL NOT BE 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.

Indemnification

You agree to indemnify and hold us, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and expenses (including reasonable lawyer's fees) due to or arising out of: (i) your use of the Platform; (ii) your violation of this Terms of Use; (iii) any misrepresentations made by you; or (iv) your violation of any rights of another. You also agree to indemnify and hold harmless any Healthcare Professional that provides you with Healthcare Services from any claim or demand, cause of action, liabilities and expenses (including reasonable lawyer's fees) due to or arising from your failure to abide by the advice provided to you by the Healthcare Professional.

General

These Terms of Use, together with any Additional Terms, including the Privacy Policy, constitute the entire agreement between you and Dialogue relating to your use and our provision of the Platform.

You agree that we may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Platform.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Quebec and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

The parties confirm that it is their wish that these Terms of Use and any other documents delivered or given pursuant to these Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même tous les documents, y compris tout avis s'y rattachant, soient rédigés en anglais seulement.

No email address found on the Platform may be harvested or otherwise used for purposes of solicitation.

Obtaining Consent

To request our consent for any of the actions for which such consent is required under these Terms of Use, please send an email to hello@dialogue.co. We reserve the right to refuse any such requests in our sole discretion.