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LAST UPDATED: February 2019
DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any Content (as defined below).
AKIRA RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE ‘CONTENT’) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.
Virtual care is both the practice of medicine and a way to provide or assist in the provision of patient care at a distance using information and communication technologies (‘Virtual Care’). By accessing and using the Platform to receive Health Services or Support Services virtually, you consent to be treated by Health Care Practitioners and consulted by PHAs. Health Care Practitioners and PHAs 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. Health Care Practitioners may also conduct a visual examination of you virtually and may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. PHAs do not provide any Health Services and only provide Support Services that are informational in nature. You may withdraw your consent to receive Health Services or Support Services at any time by ending your virtual consultation with the Health Care Practitioner or PHA.
Neither the Health Services provided by Health Care Practitioners nor the Support Services provided by PHAs 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. Health Care Practitioners may also refer you to other consultants or specialists for in-person consultations, and can report to you on the results of those consultations. Health Care Practitioners may also prescribe medication to you and can direct prescriptions to the pharmacy or other dispensing location of your choosing. Health Care Practitioners and PHAs are also available to you to follow-up on the results of any treatment, including any reactions to medication, side effects or other adverse events. With your consent, Health Care Practitioners will also send reports regarding the care provided to you to your family physician or other primary care health professional after consultations with you.
You may also authorize us to disclose your personal information including your PHI to third parties such as other health professionals, specialists, consultants or pharmacists, pharmacies and laboratories for the purpose of providing or assisting in the provision of Health Services or Support Services to you.
In prescribing or communicating any diagnosis, course of treatment or medication to you, the Health Care Practitioner will seek your informed consent which requires the Health Care Practitioner to explain the diagnosis, treatment and risks and side effects associated therewith. You are encouraged to ask questions of the Health Care Practitioner regarding any diagnosis, treatment or medication that is prescribed or recommended to you to ensure that you understand the diagnosis, treatment and risk of side effects associated therewith. If you are not satisfied with the explanation or information provided by the Health Care Practitioner regarding any course of treatment or medication that is prescribed or recommended for you, you should not follow it or you should seek a second opinion from a physician or other health care practitioner that is not affiliated with Akira. You have the right to refuse or withdraw consent to treatment or medication at any time. In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with Virtual Care and which may adversely impact the ability of the Health Care Practitioner to provide Health Services or the PHA to provide Support 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 Health Care Practitioner to conduct an appropriate assessment of you or otherwise obtain sufficient personal health information (‘PHI’) from you to support a diagnosis or prescription, (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 adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Health Care Practitioner and any dispensing pharmacists of all medications you are taking and any allergies you may have), and (d) unauthorized collection, use or disclosure of your personal health information due to a security protocol breach or failure. The Health Care Practitioner will assess these potential material risks. If the Health Care Practitioner forms the opinion that Virtual Care is not appropriate in the circumstances, the Health Care Practitioner will redirect you to appropriate care.
You may be required to successfully sign up for a user account (the ‘User Account’) using the available interfaces at the Platform and be issued with a username and password login credentials by Akira (‘User ID’) in order to use the Platform and receive any Platform Services. This sign-up process will include providing your consent for Akira to access your electronic medical record, as maintained by your primary care physician. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of Akira, including account names or login credentials. Akira reserves the right to disable any User Account issued to you at any time in Akira’s sole discretion. If Akira disables access to a User Account issued to you, you may be prevented from accessing the Platform, the Content, your account details or any User Content.
Note that a Health Care Practitioner reserves the right to assess whether a person has the capacity to provide consent to his or her Health Services treatment on a case-by-case basis.
Akira may, in its sole discretion, offer some of the Platform Services to you for free or charge subscription fees in accordance with its then-current fee schedule that can be found on the Website and is subject to change, from time to time (the ‘Fee Schedule’). You or a responsible third party will pay any such applicable fees in accordance with the Fee Schedule (the ‘Fees’). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or demand from Akira. You or a responsible third party will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save Akira harmless in respect of any such taxes. For clarity, however, Akira will not charge you any Fees for any Health Services that are insured under a provincial or territorial health insurance plan in Canada which you are entitled to receive at no cost to you as an insured person under any such plan.
Akira may require you to provide and keep updated during the Term the details of a current and valid credit card, debit card, PayPal account, Apple Pay, or other payment method (‘Payment Method’) that is acceptable to Akira in its sole discretion. You hereby authorize Akira to charge any and all Fees that become due and payable to the Payment Method. You agree to pay such fees, charges and penalties (including costs and expenses related to collection by Akira of overdue payments) as Akira may from time to time set out on the Website in respect of late or overdue payments, or declined or unsuccessful Payment Method transactions.
Akira takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Akira has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. You are fully responsible for the content of your Submissions, including reviews posted to the Platform. Without limiting the foregoing, you will not post or transmit to or from the Platform any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services). You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform.
If you do not agree WITH ANY OF THE ABOVE, please do not provide any Submissions.
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, including the App, are owned or licensed by Akira and are protected by copyright, trade-mark and other intellectual property laws.
You will not, without Akira’s prior written permission, use the Platform and 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: (1) ‘frame’, ‘mirror’ or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Akira’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or the Content; (8) use the Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Akira and only in the exact manner specified and enabled by Akira; (9) attempt to, assist, authorise 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 or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content; (11) create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use the Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content or Submissions that violate such third-party rights; or (13) upload to or transmit through the Platform any User Content or Submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Akira in its sole discretion.
The Platform may provide links to third party websites. Akira does not endorse the information contained on those web sites 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 Akira’s control, and if you choose to access any such website, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. Akira cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.
Akira does not guarantee the confidentiality of any communications made by you through the Platform. Although Akira generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Akira cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE PLATFORM AND THE CONTENT ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. AKIRA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. AKIRA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, AKIRA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.
REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND AKIRA DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. AKIRA MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, AKIRA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL AKIRA BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT AKIRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT.
You acknowledge and agree that Akira does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Health Care Practitioners, including nurse practitioners, physicians and other Health Care Practitioners in Akira’s network. You acknowledges and agree that the Health Care Practitioners using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment and medication decisions, and other professional health care services performed, and that all diagnoses, treatments, prescriptions and other professional health care services will be provided and performed exclusively by or under the supervision of Health Care Practitioners, in their sole discretion, as they deem appropriate.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless Akira and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
In particular, you agree to indemnify and hold harmless Akira, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content.
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 Platform, or the Health 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.
All Health Care Practitioners on the Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice.
You can report a complaint relating to Health Services provided by a Health Care Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Health Care Practitioner is licensed. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
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