Terms of Use Agreement

1. Acceptance

It is important that you read all the following terms and conditions carefully.

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and, TeleTest as the operator (“TeleTest”) of this Website (the “www.teletest.ca”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. TeleTest may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. We are not obligated to post notice of amendments. You should visit this page periodically to review this Agreement.

2. Medical emergency

Do NOT use the Website for medical emergencies.

If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on www.teletest.ca. Please discuss any medical questions with your primary care provider. Do not make adjustments (i.e. starting, stopping or modifying dosage) to medications before consulting with a licensed health care professional.

3. The TeleTest Platform

TeleTest is a platform that allows Users to engage with a licensed health care provider. TeleTest uses independent physician contractors to provide medical services and health care providers are solely responsible for the services they provide including meeting professional obligations and legal/regulatory obligations.

At any time, a healthcare provider may refuse to provide medical care through TeleTest, as provision of care through a virtual medium may be inappropriate or your medical needs may not be appropriate for non-emergency consultation, as determined by the physician contractor.

4. General information is not medical advice

The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

5. No physician-patient relationship

The presentation of general information on the Website does not establish a physician-patient relationship between you and the TeleTest (or any of its physician contractors) and is not intended as a solicitation of individuals to become patients or clients of the TeleTest (or any of its physician contractors). You must be at least 18 years of age to use this Website. You are forbidden from creating multiple User Accounts, or changing your health information to match that of another User, unless agreed to in writing.

6. Patient portal services

If you are an existing patient, the Website may allow you to communicate with TeleTest and your physician(s) by email or by some other electronic means. Communications sent by you to TeleTest or your physician, or to you by the TeleTest or your physician via email or this Website may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our privacy policy. Please review our privacy policy [here].

TeleTest may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient portal portion of the Website. You are solely responsible for the confidentiality and use of your Username and Password. You agree to provide accurate information including, but not limited to, your geographic location at the time of consultation, email address, date of birth, legal name, phone number and mailing address. You hereby agree to notify any changes in status of your contact details and changes in legal status (i.e. name). You agree not to allow anyone else to use your Username and Password to access your TeleTest Patient Portal, and to notify TeleTest for any breach or suspected unauthorized use.

7. Electronic Communication

You hereby agree to communicate electronically with TeleTest, including exchanging information and documents, photos, secure messaging and text messages. You agree that all consents, agreements, disclosures, notices and communications that we provide electronically satisfy legal requirements and that they shall be the equivalent of a written paper agreement. You hereby authorize TeleTest to call or send text messages using 3rd Party Providers, related to Products and Services including but not limited to medical reminders, notification of patient portal communication and availability of test results. You can opt out of text message or email notification by writing to us at info@teletest.ca If you are not an existing patient and you wish to contact TeleTest or its physicians regarding medical questions or issues or with regard to appointments, accounts, or other questions, please do so by telephone or fax. Use of social media is inherently unsecure, and we strongly discourage use of services like Facebook or Google to convey personal health information and data.

8. Disclaimer of Warranties

The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While TeleTest endeavours to provide information that is correct, accurate, current, and timely, TeleTest makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted.

You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

9. Limitation of liability

In no event shall TeleTest, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TeleTest knew of or ought to have known of the possibility of such damages. TeleTest may suspend service, temporarily or for an indefinite period of time without notification to the User.

TeleTest also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website. Under no circumstances shall TeleTest, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in the contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if TeleTest knew of or ought to have known of the possibility of such damages.

10. Indemnity

You agree to indemnify, defend, and hold harmless TeleTest and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from

(i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website. You agree to pay any and all damages, costs (including reasonable legal fees) made by any third party to your breach of these Terms of Service.

11. Use of the Website

TeleTest authorizes you to access and use the Website for your personal non-commercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only for residents of Ontario, Canada. At the time of physician consultation, health care providers are expected to notify you of their license status and follow Telehealth licensing requirements, unique to each jurisdiction within Canada.

TeleTest is not a replacement for your family doctor or primary care provider. The TeleTest Platform enables access to episodic care through licensed health care professions, but engaging with our platform or affiliated independent contractors does not constitute a primary care relationship.

12. Copyright

The Content is protected by copyright law and is owned by TeleTest, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of TeleTest.

13. Limited licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non- exclusive licence to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non- commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern. To the extent that forgoing limitations of liability are unenforceable, the maximum liability to TeleTest is $100 Canadian Dollars (One Hundred). By acceptance of our Terms of Service, you agree to waive all laws that limit the efficacy of such indemnifications.

14. Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of TeleTest or third parties. While certain trademarks of third parties may be used by TeleTest under licence, the display of thirdparty trademarks on the Website should not be taken to imply any relationship or licence between TeleTest and TeleTest of the trademark or to imply that TeleTest endorses the wares, services, or business of TeleTest of the said trademark.

15. Linking

The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by TeleTest of any third-party Website or the content thereof. Unless expressly stated, TeleTest does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.

While TeleTest encourages links to the Website, it does not wish to be linked to or from any third party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of TeleTest; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. TeleTest reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of TeleTest.

16. Technology Protection

You are hereby prohibited from use of the TeleTest Platform for the purposes of scraping, mining or obtaining intellectual property directly or reverse engineering. You shall neither, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of TeleTest algorithms, software programs contained in our Patient Portal and on the Website, or copy or create derivative works using all or any portion of, or derive source code or encourage any third-party to do so. You shall not access TeleTest’s website for the purpose of studying its functionality or performance or for any competitive purposes.

17. Submissions

The Website may provide features which allow you to post messages and content to designated areas on the Website to interact with TeleTest and other users and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your physician pursuant to the physician-patient relationship. TeleTest does not control the content of any Submissions and has no obligation to monitor the Submissions. However, TeleTest reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in TeleTest’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.

18. Rules of conduct regarding Submissions

When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not:

  1. Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of TeleTest, imposes an unreasonable or disproportionately large load on the Website infrastructure;
  2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;
  3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from TeleTest or rights holder;
  4. Post or transmit any Submission which contains a virus or other harmful component;
  5. Post or transmit “junk mail,”“chain letters,” unsolicited mass mailing, or “spam”; and
  6. Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or
  7. Transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.

19. Grant of licence regarding Submissions

By posting or uploading Submissions to the Website, you grant TeleTest a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of TeleTest; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that TeleTest is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

20. Registration

To use certain features of the Website, you may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If TeleTest has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TeleTest has the right to suspend or terminate your access to all or part of the Website. TeleTest’s use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

21. Privacy

Personal Health Information that is obtained by TeleTest is explained in our Privacy Policy. This policy includes information about use, retention, and compliance with The Personal Health Information Protection Act (“PHIPA”) and its regulations. It is required that you review our Privacy Policy before agreeing to our Terms of Service.

22. Passwords

You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name and Password. You agree to notify TeleTest immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. TeleTest will not be liable for any loss or damage arising from TeleTest’s failure or your failure to protect your Password or account information.

23. Software licence and ownership

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by TeleTest, its licensors, or the party accredited with ownership of such Software. As per Section 13, you are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software.

If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, nonexclusive licence to (i) install and run one copy of the Software in object code format on a nonnetworked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

Other than the limited licence granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date and time related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.

24. Tools

Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.

25. Security

Any information sent or received over the Internet is generally not secure. TeleTest cannot guarantee the security or confidentiality of any communication to or from the Website.

26. Modification to Website

TeleTest reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof ) with or without notice to you. TeleTest shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.

27. Use prohibited where contrary to law

Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

28. Governing law and jurisdiction

The Website is operated by TeleTest from its offices within the province of Ontario, Canada.

Independent physician contractors is/are licensed by their respective regulatory bodies (i.e. College of Physicians and Surgeons of Ontario) to practise medicine in respective jurisdictions (i.e. Ontario).

You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province or territory of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the province of Ontario, and that any action or dispute from this agreement shall be filed in provincial and federal courts located within Toronto, Ontario. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction over any action or legal proceeding arising from use of TeleTest, this Website or use of independent contractors. All matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Ontario and of Canada.

29. Waiver

Any consent by TeleTest to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

30. Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

31. Notice

Questions or comments regarding the Website should be directed by email to info@teletest.ca.

32. Termination

TeleTest may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. TeleTest shall not be liable to any party for such termination. TeleTest will have no obligation to you, with the exception of access to your Personal Health

Information through our Patient Portal, for a period no greater than 45 days after your consultation with the physician. After such time, TeleTest will remove your Personal Health Information and store it in accordance with PHIPA regulations.

33. Entire Agreement

This is the entire Agreement between you and TeleTest relating to your access and use of the Website.