Last Revised: May 31, 2023
1. ACCEPTANCE OF TERMS
BY ACCESSING AND USING THE Foria Clinic PLATFORM, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TOU. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, PLEASE DO NOT ACCESS OR USE THE Foria Clinic PLATFORM.
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).
2. MODIFICATIONS TO THE TOU
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, Foria Clinic RESERVES THE RIGHT TO CHANGE THESE TOU AT ANY TIME WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. YOUR CONTINUED ACCESS TO OR USE OF THE Foria Clinic PLATFORM AFTER ANY CHANGES TO THESE TOU INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TOU REGULARLY.
Foria Clinic RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES (AS DEFINED HEREIN)) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.
The TOU is current as of the “last revised” date which appears at the top of this page. You can find the most recent version of the TOU at: ForiaClinic.com/terms-of-use
3. AVAILABILITY AND USE OF FORIA CLINIC PLATFORM
THE FORIA CLINIC PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT OF THE PROVINCE OF ONTARIO. AS A CONDITION OF YOUR USE OF THE FORIA CLINIC PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF AT LEAST 16 YEARS; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TOU; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TOU.
Foria Clinic retains the right, at its sole discretion, to deny access to anyone to the Foria Clinic Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these TOU. You will cease and desist from any such access or use immediately upon request by Foria Clinic.
4. GRANT OF LICENSE
If you are a temporary or permanent resident of the province of Ontario and subject to these TOU, Foria Clinic grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable license to access and use the Foria Clinic Platform for your own use in accordance with these TOU. Use of the Foria Clinic Platform beyond the scope of the authorized access granted to you by Foria Clinic immediately terminates this license.
5. SECURE LOG-IN
Although certain parts of the Foria Clinic Platform are accessible to the public, in order to access the Healthcare Services (as set out below) users must be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the Foria Clinic Platform (“Registered Users”). In order to do so, a Registered User must register for and maintain an active personal account (“User Account”). In order to qualify for a User Account, you must be at least 16 years old and a resident in Ontario. In some instances mature minors may conduct assessment with physicians. Once granted a User Account, a Registered User is only permitted to request Healthcare Services for themselves. Registered Users may include temporary or permanent residents of the province of Ontario, drug manufacturers and suppliers, healthcare professionals and healthcare decision makers. If you have been issued log-in credentials by Foria Clinic, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password.
You must not share your password with any other person. You agree to (a) immediately notify Foria Clinic of any unauthorized use of your password or account or any other breach of the security of the Foria Clinic Platform of which you reasonably suspect or become aware, and (b) ensure that you exit from your account at the end of each session. Foria Clinic cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify Foria Clinic in respect of any losses suffered by Foria Clinic or claims made against Foria Clinic that are attributable to any loss or damage arising from your failure to comply with this section.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Foria Clinic in writing, you may only possess one User Account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. You may not collect or harvest personal data of any other user of the Foria Clinic Platform, including user account names or login credentials. Foria Clinic explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Authorized physicians and authorized non-physician health care providers such as nurse practitioners (collectively, “Authorized Healthcare Professionals”) may provide healthcare services, including telehealth services (“Healthcare Services”) through the Foria Clinic Platform in accordance with applicable law. The rules regarding telehealth may differ among provinces, therefore the Healthcare Services that are available to you will depend on your province of residence and the location you are in at the time you request the services. As with any other healthcare consultation, no results can be guaranteed or assured in connection with the Healthcare Services. You are responsible for providing the Authorized Healthcare Professional with the information that they advise is required in order to provide you with Healthcare Services. Note that an Authorized Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her Healthcare Services on a case-by-case basis.
You understand that telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; (b) interactions between a patient and healthcare provider via audio, video, and/or data communications; and (c) use of output data from medical devices, sound, and video files.
By consenting to receive Healthcare Services using the Platform, you acknowledge and understand that there are potential material risks associated with telehealth, including but not limited to (a) poor quality audio-video connections, (b) delays in evaluation or treatment resulting from technology failures, and (c) limitations on 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 Authorized Healthcare Professional and any dispensing pharmacists of all medications you are taking and any allergies you may have).
The electronic systems used in the Healthcare Services will incorporate Foria Clinic’s network and there are restrictions on the Healthcare Services that can be provided through the Foria Clinic Platform. YOU MUST NOT USE THE Foria Clinic PLATFORM FOR EMERGENCY NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
By becoming a Registered User, you consent to Authorized Healthcare Professionals providing Healthcare Services that you request through the Foria Clinic Platform. Authorized Healthcare Professionals may prescribe medication to you through the Platform Services and direct prescriptions to the pharmacy or other dispensing location of your choosing.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED HEALTHCARE PROFESSIONAL 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 emergency 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.
We offer an online communication platform for Authorized Healthcare Professionals and their patients to connect via the Foria Clinic Platform through the use of synchronous and asynchronous telecommunications technologies. The Foria Clinic Platform facilitates communication between patients and Authorized Healthcare Professionals.
Foria Clinic does not provide medical advice or care. The Authorized Healthcare Professionals deliver Healthcare Services via the Foria Clinic Platform to their patients. The relationship between you and the Authorized Healthcare Professional providing Healthcare Services is a practitioner-patient relationship. Foria Clinic is not party to that relationship as it relates to the delivery of such Healthcare Services and is not engaged in the practice of medicine, the practice of nursing or the practice of any other regulated health profession, for the purpose of providing Healthcare Services in your use of the Platform. The Authorized Healthcare Professionals, and not Foria Clinic, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from an Authorized Healthcare Professional relating to Healthcare Services comes from them alone, and not from Foria Clinic. Neither Foria Clinic nor any other party associated with Foria Clinic (other than the applicable Authorized Healthcare Professional) are liable for any Healthcare Services provided to you by Authorized Healthcare Professional in your use of the Platform.
Your interactions with the Authorized Healthcare Professionals via the Foria Clinic Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Foria Clinic, nor any of its subsidiaries or affiliates or any third party who may promote the Foria Clinic Platform or Foria Clinic’s services or provide a link to the Foria Clinic Platform, shall be liable for any professional advice obtained from an Authorized Healthcare Professionals via the Foria Clinic Platform, nor any information obtained on the Foria Clinic Platform.
You acknowledge that your reliance on any Authorized Healthcare Professionals or information delivered by the Authorized Healthcare Professionals via the Foria Clinic Platform is solely at your own risk and you assume full responsibility for all risks associated herewith. Foria Clinic does not make any representations or warranties about the training or skill of any Authorized Healthcare Professionals who deliver services via the Platform or the Platform Services . You will be connected with available Authorized Healthcare Professionals based solely on the information you submit to the Platform.
The Content, including, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind (except as may communicated to you by the Authorized Healthcare Professionals). You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Foria Clinic is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship (as defined by provincial or federal law) between Foria Clinic and you. While Foria Clinic facilitates your communications with, Authorized Healthcare Professionals, Foria Clinic does not provide medical services, and the practitioner-patient relationship is between you and the Authorized Healthcare Professionals.
7. DEALINGS WITH OTHER REGISTERED USERS
If there is a dispute between Registered Users, or between Registered Users and any third party, you understand and agree that Foria Clinic is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release Foria Clinic, Foria Clinic affiliates, their representatives (and their respective officers, employees, agents and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Foria Clinic Platform.
8. PRIVACY AND INFORMATION DISCLOSURE
You agree that a Registered User is not permitted to have more than one Registered User profile on the Foria Clinic Platform. You further agree that you will not, in connection with you as a Registered User, do anything in connection with the Foria Clinic Platform that:
is harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
includes personal or identifying information about another person without that person’s explicit consent;
impersonates any person or entity, including, but not limited to, a Foria Clinic employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10. LIMITATIONS ON SERVICE
You agree that Foria Clinic has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the Foria Clinic Platform. You acknowledge Foria Clinic reserves the right at any time to modify or discontinue the Foria Clinic Platform (or any part thereof) with or without notice, and that Foria Clinic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Foria Clinic Platform.
11. FEES AND PAYMENT
Foria Clinic may, in its sole discretion but subject to applicable laws, offer some of the Healthcare Services or Platform Services (collectively, the “Services”) to you at no cost to you or charge you fees in accordance with then-current fee rate(s) applicable to such Services. Unless otherwise expressly indicated, all fees are quoted in Canadian dollars.
The fees payable by you to obtain the Healthcare Services are available on our website (genderaffirmingcare.as.me).
None of the Fees paid by you for any of the Services are paid for physician services or are required to be paid in order to access physician services.
You will be able to cancel your appointment for the Assessment Service and obtain a full refund for any Fees paid for the Assessment Service, so long as you do so no less than 48 hours prior to the time of your scheduled appointment. If you cancel your scheduled appointment no less than 48 hours in advance, the following terms will apply:
if you miss or opt not to reschedule your Assessment Service, your fees will not be refunded, or
if you opt to reschedule your Assessment Service, you will be charged an additional $50 rescheduling fee and your Fees will be applied to such rescheduled Assessment Service.
If you cancel your appointent more than 48 hours in advance, you must request a refund of the amount of the Fees processed by us or Payment Processor, as applicable, for the Assessment Service. All refund requests should be made to firstname.lastname@example.org. Valid refund requests will be processed within 30 days of receiving the request.For the avoidance of doubt, except as otherwise agreed to by Foria Clinic in our sole discretion, if you cancel your Assessment Service less than 48 hours in advance of your scheduled appointment or if you do not attend your scheduled appointment, you will not be entitled to any refund in respect of the Assessment Service and the entire amount of the Fees payable for the Assessment Service will be applied as Fees for a missed appointment.
12. TERM AND TERMINATION OF SERVICE
These TOU will commence on the day you first use the Foria Clinic Platform and will continue in force until terminated by either party as described below (the “Term”). Either party may terminate these TOU as follows: (1) Foria Clinic may terminate these TOU at any time and with immediate effect by giving notice to you, at Foria Clinic’s discretion, by email (at your current email address on file with Foria Clinic) or through the Foria Clinic Platform; (2) you may terminate these TOU at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Foria Clinic Platform) that your User Account by deleted or deactivated and ceasing use of the Foria Clinic Platform.
Further, you agree that Foria Clinic shall not be liable to you or any third party for any termination of your access to the Foria Clinic Platform. Further, you agree not to attempt to use the Foria Clinic Platform after said termination. The TOU’s disclaimers, limitations on liability and indemnity clauses shall survive termination of the TOU, as shall any other provision which by its nature ought to survive termination.
13. OWNERSHIP AND PROPRIETARY RIGHTS
All Content, including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Foria Clinic Platform, are owned or licensed by Foria Clinic and are protected by copyright, trademark and other intellectual property laws.
Foria Clinic expressly reserves all rights in the Foria Clinic Platform, and all materials provided by Foria Clinic in connection with these TOU, that are not specifically granted to you. You acknowledge that all right, title and interest in the Foria Clinic Platform, all materials provided by Foria Clinic in connection with these TOU (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with Foria Clinic (or third party suppliers, if applicable), and that the Foria Clinic Platform, and all materials provided by Foria Clinic hereunder are licensed and not “sold” to you.
OTHER THAN FOR YOUR PERSONAL CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY WHETHER BY PRINTING OR SAVING TO A DESKTOP, CONTENT FROM THE Foria Clinic PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF Foria Clinic, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE Foria Clinic PLATFORM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Foria Clinic Platform.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Foria Clinic Platform.
14. NO UNLAWFUL OR PROHIBITED USE
You will not, without Foria Clinic’s prior written permission, use the Foria Clinic 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 Foria Clinic Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Foria Clinic 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 Foria Clinic Platform or bypass or circumvent other measures employed to prevent or limit access to the Foria Clinic Platform; (4) take any action that imposes, or may impose, in Foria Clinic’s discretion, an unreasonable or disproportionately large load on the Foria Clinic Platform; (5) deep-link to any portion of the Foria Clinic Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Foria Clinic Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Foria Clinic Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Foria Clinic Platform or the Content; (8) use the Foria Clinic 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 Foria Clinic and only in the exact manner specified and enabled by Foria Clinic; (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 Foria Clinic 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 Foria Clinic Platform or the Content; (11) create derivative works based on the Foria Clinic Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Foria Clinic Platform or the Content; (12) use the Foria Clinic 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 that violate such third-party rights; or (13) upload to or transmit through the Foria Clinic Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Foria Clinic in its sole discretion.
15. THIRD PARTY WEBSITES
Your interactions with organizations or individuals found on or through the Platform Services, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations or individuals. You agree that to the fullest extent permitted by applicable law, Foria Clinic is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions.
The downloading and viewing of Content is done at your own risk. Foria Clinic cannot and does not guarantee or warrant that the Foria Clinic Platform or the Content are compatible with your computer system or that the Foria Clinic Platform or the Content, or any links from the Foria Clinic 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 Foria Clinic Platform.
Foria Clinic does not guarantee the confidentiality of any communications made by you through the Foria Clinic Platform. Although Foria Clinic generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Foria Clinic Platform, you understand, agree and acknowledge that Foria Clinic cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Foria Clinic Platform.
18. DISCLAIMER AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS 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 FORIA CLINIC PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE FORIA CLINIC PLATFORM AND THE CONTENT IS AT YOUR OWN RISK. FORIA CLINIC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FORIA CLINIC PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, PRICING ERRORS (AS APPLICABLE). FORIA CLINIC DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FORIA CLINIC PLATFORM OR THE CONTENT. IN ADDITION, FORIA CLINIC EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FORIA CLINIC PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, FORIA CLINIC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FORIA CLINIC 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 FORIA CLINIC PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FORIA CLINIC BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, 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 FORIA CLINIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FORIA CLINIC PLATFORM OR THE CONTENT.
You acknowledge and agree that Foria Clinic does not provide medical advice, diagnosis, or treatment, and that the Platform is strictly a technology platform and infrastructure for connecting patients with Authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in Foria Clinic’s network. You acknowledges and agree that the Authorized Healthcare Practitioners using the Foria Clinic 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 healthcare services performed, and that all diagnoses, treatments, prescriptions and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate.
TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FORIA CLINIC AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONTRACTORS AND LICENSORS IN CONNECTION WITH OR UNDER THESE TOU OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FORIA CLINIC PLATFORM OR THE CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FORIA CLINIC PLATFORM OR THE CONTENT, EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU TO FORIA CLINIC IN THE PREVIOUS ONE YEAR PERIOD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TOU WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
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 Foria Clinic and its affiliates and all of their respective officers, directors, employees, agents, sponsors, contractors and licensors 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:
your breach of any of your warranties, representations or obligations under these TOU;
your misrepresentation or inclusion of false information when registering as a user of the Foria Clinic Platform;
your violation of any applicable law or the rights of a third party (including intellectual property rights);
any injury, including but not limited to bodily harm or death, to you or any third party that may result from your use of or reliance on the Platform or any Content; or
your use of the Foria Clinic Platform or the Content.
20. GEOGRAPHIC APPLICATION OF THE Foria Clinic PLATFORM
The product and services described on the Foria Clinic Platform are only available in the jurisdictions of Ontario. Furthermore, nothing on the Foria Clinic 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 Foria Clinic Platform, or the Healthcare Services available through the Foria Clinic Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
All Authorized Healthcare Practitioners on the Foria Clinic 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 Healthcare Services provided by an Authorized Healthcare Practitioner on the Platform and/or by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. 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.
22. GOVERNING LAW AND JURISDICTION
Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and Foria Clinic (as well as its agents, delegates, employees, and any Authorized Healthcare Professionals), including any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province of Ontario, (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Ontario, shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and Foria Clinic.
These laws apply to your access to or use of the Foria Clinic Platform or the Content, notwithstanding your domicile, residency or physical location. The Foria Clinic Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use.
23. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
These TOU constitute the entire agreement between Foria Clinic and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Foria Clinic with respect to the Foria Clinic Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word 'including' or 'includes' means 'including (or includes) without limitation'.
Foria Clinic's failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right.
If any of the provisions contained in these TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.