Care& Family Health — Terms of Use

Last Updated: March 1st, 2025

1. Acceptance of Terms

Welcome to Care& Family Health (“Care&”, “we”, “our”, or “us”). By accessing or using our services, websites, digital platforms, or mobile applications (collectively referred to as the “Services”), you (“Patient”, “you”, or “user”) acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). These Terms govern your use of the Services, and any other agreements, consents, or policies referenced herein are incorporated by reference.

1.1. Agreement and Consent

By using our Services, you represent that:

• You are 18 years of age or older and possess the legal right and ability to agree to these Terms; or
• You are the parent or legal guardian of a minor (under 18 years of age) and have the authority to consent on their behalf to these Terms.

If you do not agree with these Terms, you must refrain from using our Services. We recommend that you carefully review these Terms and consult legal counsel if needed before proceeding.

1.2. Scope of Services Covered

These Terms apply to all services provided by Care& Family Health, including:

• Healthcare Services: The provision of primary care, episodic healthcare, and specialized health programs.
• Digital Services: The use of our website, patient portal, mobile applications, and digital health platforms.
• Telehealth Services: The use of audio, video, and other electronic communications for remote consultations.

1.3. Modifications to Terms

We reserve the right to change, modify, add, or remove portions of these Terms at any time. Any such changes will be effective immediately upon being posted on our website or other platforms. It is your responsibility to review these Terms periodically. Continued use of the Services after changes have been made signifies your acceptance of the modified Terms.

1.4. Other Agreements

These Terms do not supersede or replace other agreements you may have with Care&, such as separate patient consent forms, membership agreements, or agreements relating to specific services. Where a conflict exists, those other agreements shall govern, but only with respect to the specific services covered by such agreements.

2. Scope of Services

Care& Family Health offers a range of healthcare services to patients, including primary care, episodic care, and specialized health programs. These services are provided in person at our clinics or through our digital platforms, including telehealth consultations, online health management tools, and communication services.

2.1. Healthcare Services

• Family Practice Services: Available through subscription-based membership programs, this model offers comprehensive primary care services. These services include, but are not limited to, routine health assessments, chronic disease management, family planning, wellness support, and geriatric care.
• Episodic Healthcare: Care& provides short-term, pay-per-use healthcare services for acute, non-emergency conditions. This model is suitable for minor infections, respiratory issues, skin conditions, and other non-urgent health concerns. Episodic Healthcare services do not include long-term management or follow-up care beyond the scope of the initial visit.
• Specialized Programs: We offer specialized health services such as HIV Pre-exposure Prophylaxis (PrEP), men’s and women’s health programs, pediatric care, and mental health support. Each specialized program may have unique eligibility requirements and may not be included under a Family Practice membership.

2.2. Telehealth Services

Care& Family Health utilizes telehealth technology to provide remote consultations and follow-up care where appropriate. Telehealth is governed by the following conditions:

• Telehealth Consent: By scheduling a telehealth appointment, you consent to receiving care through electronic communications. Telehealth may include live audio and video communication, chat functions, and the transmission of health information.
• Limitations: Telehealth is not suitable for all types of medical conditions. We reserve the right to refer patients to in-person visits when deemed medically necessary. Telehealth services are only available to residents of Ontario, Canada.
• Patient Responsibilities: It is your responsibility to ensure that you have access to the appropriate technology (e.g., a camera-enabled device, stable internet connection) and a private space for the consultation.
• Multiple Participants: For phone appointments, our practitioners can only call one person. For video appointments, multiple people can connect to the call.

2.3. Digital Health Platform

Care& integrates a digital health platform, accessible via a mobile app and web portal, for managing appointments, accessing health records, and interacting with healthcare providers. By using the digital platform, you agree to the following terms:

• Non-Emergency Use: The platform is not designed for emergency medical situations. In case of an emergency, dial 911 or visit your nearest emergency room.
• User Account Management: You are responsible for maintaining the security of your account, including safeguarding your password and preventing unauthorized access.
• Health Records Access: The platform may provide real-time access to lab results, treatment notes, and prescriptions. This information is for your personal use and should not be shared with third parties unless explicitly authorized by Care&.
• Individual Accounts: Each patient, including babies and children, requires their own individual account. Parents or legal guardians can create and manage linked accounts for their children using our app or web portal.

2.4. Lab Services

Care& offers on-site lab services primarily for sample collection, including:

• Blood work and other specimen collection
• Collected samples are sent to external laboratories for analysis
• Lab appointments may start as early as 8:30am for some phlebotomists
• We do not offer diagnostic tests such as ECGs, X-rays, or other imaging services on-site

2.5. Exclusions and Limitations

• Emergency Services: Care& does not offer emergency medical services. If you are experiencing a medical emergency, call 911 immediately.
• Scope of Care: Our services are limited to the conditions and treatments within our practitioners’ scope of practice. We may refer you to external providers or specialists when your health needs exceed our capacity to provide care.
• No Insurance Billing: Care& is a private healthcare provider and does not directly bill insurance providers. All fees must be paid at the time of service. Patients may submit receipts to their insurance carriers independently if applicable.
• No Walk-In Options: All services, including lab tests, require a pre-booked appointment. There are no walk-in options available.
• No In-Person Payment: There are no in-person payment options. Patients must add their credit card to their account using our app or web portal.
• Prescription Restrictions: Care& does not handle prescription transfers between pharmacies. Patients must contact their pharmacy directly to request prescription transfers. Additionally, controlled substances cannot be prescribed during Pay-Per-Use appointments due to regulatory restrictions.
• Special Appointment Restrictions: Physical examinations (60-minute appointments) are only available with a patient’s primary Nurse Practitioner.

2.6. Geographic Limitations

Care& Family Health services are currently available to residents of Ontario, Canada. For telehealth services, you must physically be located within Ontario at the time of the appointment. We do not offer consultations or follow-up care to patients outside of Ontario.

2.7. Right to Modify Services

We reserve the right to modify, limit, or discontinue certain services at any time. Notice of changes will be communicated through our website, patient portal, or other appropriate channels.

2.8. Language Support

Care& primarily offers services in English. Translation services are available upon request to support patients who are more comfortable communicating in other languages. Please inform our staff in advance if translation services are needed for your appointment.

3. Patient Responsibilities

To ensure a safe, effective, and respectful healthcare environment, all patients using Care& Family Health’s services agree to adhere to the following responsibilities:

3.1. Providing Accurate Information

Patients must provide accurate, current, and complete information during registration and throughout their care. This includes, but is not limited to:

• Personal identification and contact information.
• Health history, including current and past medical conditions, medications, allergies, and family history.
• Any changes in health status, such as new symptoms or diagnoses, that may affect your care plan.

Failure to provide accurate information may impair our ability to deliver safe and effective healthcare, and Care& shall not be liable for any consequences resulting from incomplete or inaccurate information.

3.2. Adherence to Treatment Plans

Patients are expected to:

• Follow the treatment plans, medication regimens, and lifestyle recommendations provided by our healthcare professionals.
• Schedule and attend follow-up appointments as advised.
• Communicate openly about any difficulties, side effects, or concerns related to their treatment.
• If you choose not to follow the recommended treatment plan, you accept responsibility for any adverse outcomes that may result.

3.3. Conduct and Respect

Patients are required to conduct themselves in a respectful and appropriate manner when interacting with Care& staff, both in person and through our digital platforms. Inappropriate behavior, harassment, or abuse towards staff or other patients will not be tolerated and may result in termination of services.

• Zero Tolerance Policy: Care& maintains a zero-tolerance policy for harassment, verbal abuse, or any form of discriminatory behavior.
• Digital Interactions: All communications through our digital platform must remain professional and relevant to your care. Misuse of messaging features for non-medical purposes may result in restricted access.

3.4. Financial Responsibilities

Patients are responsible for:

• Ensuring that all fees for services are paid in full at the time of service unless alternative arrangements have been made in advance.
• Maintaining up-to-date payment information for recurring charges related to subscription services (e.g., Family Practice membership).
• Reviewing and understanding the costs associated with each service, as outlined in Care&’s pricing structure.

Care& reserves the right to suspend or terminate services for non-payment or delinquent accounts.

3.5. Use of Digital Health Platforms

By using Care&’s digital health platforms (e.g., patient portal, mobile applications), you agree to the following:

• Maintain Confidentiality: Do not share your account credentials or access with unauthorized parties. You are responsible for all activities that occur under your account.
• Data Integrity: Do not modify or falsify any information submitted through the digital platform. Altering medical records or providing false data is strictly prohibited.
• Appropriate Use: Use the digital platform solely for health-related purposes. Any use of the platform for activities unrelated to healthcare (e.g., commercial purposes, spamming) is prohibited.

3.6. Appointment Attendance and Cancellations

Patients must:

• Attend all scheduled appointments on time. If you are unable to attend, you must notify us at least 24 hours in advance to avoid cancellation fees.
• Understand that repeated no-shows or cancellations may result in limited scheduling privileges.
• For Pay-Per-Use appointments, cancellation must be made at least 4 hours in advance to receive a credit. No refunds are offered, but credits can be used for future services.

3.7. Health and Safety

Patients must disclose any conditions that may affect the safety of in-person visits, such as communicable diseases or mobility limitations. For virtual consultations, ensure that you are in a safe, private location and are not operating a vehicle or performing activities that could compromise your safety or attention.

3.8. Compliance with Legal and Ethical Standards

Patients are expected to comply with all applicable laws and ethical standards while using Care&’s services. This includes:

• Prescriptions: Only using prescribed medications as directed by a healthcare professional. Misuse of prescriptions, requests for fraudulent prescriptions, or attempts to obtain prescriptions under false pretenses will result in termination of services and may be reported to regulatory authorities.
• Privacy: Respecting the privacy of other patients and refraining from unauthorized access to or sharing of personal health information (PHI) obtained through our platforms.

3.9. Right to Discontinue Services

Care& reserves the right to discontinue services if a patient:

• Engages in fraudulent or illegal activities.
• Repeatedly fails to adhere to treatment plans or cooperate with healthcare providers.
• Engages in conduct that poses a risk to staff, other patients, or the business operations of Care&.

In the event of service discontinuation, Care& will make reasonable efforts to provide referrals or recommendations for alternative care, except in cases of abuse or illegal conduct.

4. Fees and Payment

All patients are required to pay the fees associated with the healthcare services they receive at Care& Family Health, as outlined in this section. By using our Services, you agree to the following financial terms and conditions.

4.1. Pricing Structure

Care& Family Health offers different service models, each with its own pricing structure:

• Family Practice Subscription – Annual Plan:
  • Annual membership fee of $450 CAD + HST per person/year.
  • The fee covers unlimited in-person, phone, and video consultations, routine health screenings, personalized health plans, chronic disease management, and health promotion services.
  • The subscription fee does not include the cost of certain specialized procedures, laboratory tests, medications, or external referrals, which will be billed separately.

• Family Practice Subscription – Monthly Plan:

  • Monthly fee of $50 CAD + HST per person/month with a twelve-month minimum commitment.
  • Includes the same services as the annual Family Practice Subscription.
  • Early termination prior to completing the twelve-month commitment will result in a cancellation fee equal to the lesser of: (i) the remaining monthly payments or (ii) $150 CAD.
  • After the initial twelve-month period, the subscription continues on a month-to-month basis until cancelled.

• Episodic Healthcare:

  • Flat rate of $100 CAD + HST per visit.
  • This fee includes a one-time consultation and treatment for short-term health concerns.
  • Additional services, such as diagnostic tests or specialist consultations, may incur extra charges.

• Specialized Programs:

  • Pricing for specialized programs (e.g., HIV PrEP, Mental Health, Men’s and Women’s Health) will be disclosed separately and are subject to the scope of the program.
  • Patients may be required to sign separate agreements for these services, which will outline the specific fees and conditions.

4.2. Payment Terms

• Advance Payment Requirement: All payments must be made in advance of receiving any services, regardless of the service model. No services will be rendered unless payment has been successfully processed before the appointment or service date.
• Family Practice Annual Subscriptions: The initial annual membership fee must be paid in full before the start of the subscription period. For subsequent annual renewals, payment will be processed on the anniversary date of your membership each year, unless you cancel your membership before the renewal date.
• Family Practice Monthly Subscriptions: For the monthly subscription plan, payments will be automatically processed on the same day each month. The exact processing date will be determined by your initial subscription date. You remain liable for all monthly fees during the twelve-month commitment period, regardless of service utilization.
• Episodic Healthcare Visits: The $100 CAD fee must be paid in full at the time of booking to confirm your appointment, even if the appointment will take place days or weeks in the future. Additional charges for any supplemental services will also be required before those services are rendered.
• Specialized Programs: For programs such as HIV PrEP or chronic disease management, the full program fee must be paid in advance unless otherwise specified in the program agreement.
• Accepted Payment Methods: We accept major credit cards, debit cards, and direct bank transfers. Cash payments are not accepted for virtual consultations.
• Automatic Renewals for Memberships: Family Practice subscriptions are set to automatically renew on the anniversary date of your membership each year unless you cancel your membership before the renewal date.
• Automatic Renewal Notice: You will receive a reminder of the upcoming renewal via email at least 7 days before your renewal date. This reminder will include the upcoming billing amount and instructions on how to cancel if you do not wish to renew.
• Cancellation: If you do not cancel your membership before the renewal date, the annual membership fee will be charged, and the renewal will be processed. After renewal, all fees become non-refundable.

4.3. Cancellation and Refund Policy

• Subscription Refunds: Care& offers refunds for subscriptions with a $20 administrative fee, provided no services have been used since the last subscription renewal. To request a refund, contact customer service with your subscription details and reason for the request.
• Appointment Cancellations: No refunds are provided for appointments. For cancellations made at least 4 hours before the appointment, a credit (not a refund) towards future services will be issued.
• credit Usage: Credits issued for cancellations can be applied to any future service at Care&.

4.4. Referral Program

Care& offers a referral program with the following terms:

• Members can refer friends to Care& and earn rewards.
• Both referrer and referee receive a $50 credit when the referred person subscribes.
• Credits can be used for any Care& service (excluding monthly subscription payments).
• There is no limit on the number of referrals.
• Credits have no expiration date.
• Credits cannot be withdrawn as cash.
• Eligibility Requirements: Referred individuals must be new to Care& (never had a subscription) and the referral code must be used at the time of subscription.

5. Telehealth Services

Care& Family Health offers telehealth services as a convenient way for patients to access healthcare remotely. By scheduling or participating in a telehealth consultation, you acknowledge and agree to the following terms and conditions governing telehealth services.

5.1. Consent to Telehealth

By using Care&’s telehealth services, you provide your informed consent to receive care through electronic communications, which may include real-time audio, video, chat functions, and the transmission of medical information such as health records, lab results, and imaging.

• Informed Consent: You understand that telehealth involves the electronic communication of your personal health information and that there are potential risks, including technical failures, unauthorized access, or delays in service. By proceeding, you accept these risks and consent to the use of telehealth as an alternative method of healthcare delivery.
• Right to Withdraw Consent: You have the right to withdraw your consent to use telehealth services at any time without affecting your right to receive future in-person care.

5.2. Patient Requirements and Responsibilities

Patients must ensure the following when using telehealth services:

• Technology Requirements: You are responsible for ensuring that you have access to a camera-enabled device, a reliable internet connection, and a private, secure environment for the consultation.
• Environment: You must participate in telehealth appointments from a safe, distraction-free location. Telehealth consultations cannot be conducted while driving, operating machinery, or engaging in activities that may impair your ability to communicate effectively.
• Accurate Health Information: Provide complete and accurate information during your telehealth visit. Misrepresentation or omission of relevant health details can compromise the quality of care and may result in inaccurate diagnoses or treatment plans.

5.3. Scope of Telehealth Services

Telehealth is suitable for managing a variety of health conditions, but not all. Care& reserves the right to determine when telehealth is appropriate and when an in-person visit is necessary.

• Appropriate Conditions for Telehealth: Minor acute conditions (e.g., respiratory infections, skin rashes, medication management) and follow-up care for chronic conditions may be handled through telehealth.
• Inappropriate Conditions for Telehealth: Emergency conditions, serious symptoms requiring physical examination (e.g., chest pain, severe abdominal pain), and high-risk conditions cannot be addressed through telehealth. You will be directed to seek in-person care or emergency services in such cases.

5.4. Limitations of Telehealth

Telehealth services have inherent limitations, including the inability to perform physical examinations and certain diagnostic procedures. As a result:

• Accuracy of Diagnosis: Diagnoses and treatment plans provided through telehealth are based on the information you provide and observable symptoms. This may limit the accuracy and comprehensiveness of care compared to in-person consultations.
• Follow-Up and Referrals: Depending on the nature of your condition, our practitioners may recommend follow-up visits or refer you to in-person care for further evaluation. Compliance with these recommendations is essential for your health and safety.

5.5. Privacy and Security

Care& Family Health is committed to protecting your privacy in accordance with the Personal Health Information Protection Act, 2004 (PHIPA) and applicable federal regulations. Telehealth consultations are conducted through secure platforms that encrypt all communications.

• Patient Responsibilities: You are responsible for ensuring that you are in a private setting and that no unauthorized individuals have access to the telehealth session.
• Prohibited Recordings: To protect patient and provider privacy, recording or taking screenshots of telehealth sessions is strictly prohibited unless you receive explicit written permission from Care&. Any unauthorized recording may result in termination of services and potential legal action.

5.6. Geographic and Legal Limitations

Care&’s telehealth services are available only to patients who are physically located within Ontario, Canada, at the time of the consultation. By using telehealth, you confirm that:

• You are present in Ontario during the telehealth session.
• You will inform the provider immediately if you are not physically in Ontario during the session, as Care&’s practitioners are not licensed to practice outside of Ontario.

5.7. Telehealth Fee Structure

The fees for telehealth consultations are governed by the same pricing structure as in-person services:

• Family Practice Members: Telehealth consultations are included under the annual membership fee for Family Practice subscribers.
• Episodic Healthcare: The flat rate of $100 CAD + HST per visit applies to each telehealth consultation, payable in advance at the time of booking.
• Specialized Programs: The cost of telehealth services related to specialized programs (e.g., HIV PrEP follow-ups, mental health consultations) will be outlined separately in the program agreement.

5.8. No Emergency Care

Telehealth services are not a substitute for emergency medical care. If you are experiencing a medical emergency, such as chest pain, difficulty breathing, severe injury, or sudden loss of consciousness, call 911 immediately or go to your nearest emergency department.

5.9. Termination of Telehealth Services

Care& reserves the right to terminate or suspend telehealth services under the following circumstances:

• Misuse of the telehealth platform, such as engaging in inappropriate behavior or using telehealth for non-medical purposes.
• Providing false or misleading information during telehealth consultations.
• Violating any of the terms and conditions outlined in this agreement.

If telehealth services are discontinued, Care& will provide recommendations for alternative care options, except in cases of patient misconduct or illegal activities.

6. Privacy and Data Use

Care& Family Health is committed to protecting the privacy and security of your personal health information (PHI) and any other data you provide while using our services. This section outlines how Care& collects, uses, discloses, and protects your information in compliance with the Personal Health Information Protection Act, 2004 (PHIPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and other applicable laws.

6.1. Collection of Personal Health Information

Care& collects personal health information and other data necessary for providing high-quality healthcare services. This may include:

• Personal Identifying Information: Name, date of birth, address, phone number, and email.
• Health Records: Medical history, treatment plans, prescriptions, diagnostic test results, imaging, and consultation notes.
• Payment and Billing Information: Credit card numbers, bank account details, and billing addresses.
• Technical Information: IP addresses, device identifiers, and browser types when using our digital health platforms.

6.2. Medical Scribe and Transcription Services

Care& employs a medical scribe system that records patient-practitioner encounters to ensure accurate clinical documentation through the following process:

• Audio Recording: With your explicit consent, clinical encounters may be recorded solely for the purpose of creating accurate medical records.
• Transcription: Audio recordings are transcribed into text format by authorized transcription services.
• Automated Deletion: All audio recordings are automatically and permanently deleted immediately following successful transcription.
• Transcript Retention: Transcribed text is maintained as part of your confidential medical record in accordance with regulatory requirements for health information retention.
• Clinical Documentation: Transcripts may be processed by artificial intelligence systems to generate structured clinical documentation (e.g., SOAP notes) to be reviewed and approved by healthcare practitioners.

By accepting these Terms and using our Services, you consent to the audio recording of your clinical encounters for the limited purpose of medical documentation as described above. You may withdraw this consent at any time prior to your appointment by notifying your healthcare provider, in which case alternative documentation methods will be used.

6.3. How We Use Your Information

Your personal health information is used to support your care and provide effective healthcare services. Specific uses include:

• Care Coordination: Sharing relevant health information among Care& healthcare professionals involved in your treatment to ensure comprehensive care.
• Treatment and Follow-Up: Using your health data to diagnose, treat, and follow up on your medical conditions.
• Appointment Scheduling and Reminders: Using contact information to schedule appointments, send reminders, and communicate with you about upcoming visits.
• Payment Processing: Using financial information to process payments for services rendered and to issue receipts or billing statements.
• Research and Quality Assurance: Anonymized and aggregated data may be used for internal research and quality assurance purposes to improve Care&’s services. Any such use will comply with applicable regulations and will not identify you personally.
• Regulatory and Legal Compliance: Disclosing information as required by law or regulatory bodies to ensure compliance with professional standards and applicable regulations.

6.4. Consent and Patient Rights

Care& requires your express consent to collect, use, or disclose your personal health information, except in circumstances where consent is implied by law or where disclosure is permitted or required by law.

• Right to Withdraw Consent: You may withdraw your consent for specific uses of your personal health information at any time by providing written notice to Care&. However, withdrawing consent may impact our ability to provide certain services.
• Access to Information: You have the right to request access to your health records and obtain copies of your personal health information. Requests should be directed to our Privacy Officer.
• Right to Correct Information: If you believe that any of your information is incorrect or incomplete, you have the right to request corrections or updates. Care& will make reasonable efforts to amend your records as appropriate.

6.5. Disclosure of Information to Third Parties

Care& may disclose your personal health information to third parties only under the following circumstances:

• Healthcare Providers: Sharing your information with other healthcare professionals or specialists to whom you have been referred for treatment.
• Third-Party Service Providers: Using third-party companies to provide certain services on our behalf, such as payment processing, technical support, or analytics. These third parties are required to protect your information and only use it for the specific purpose for which it was disclosed.
• Regulatory Bodies and Legal Authorities: Disclosing information as required by law, such as in response to a court order, subpoena, or as part of a regulatory investigation.
• Insurance Providers: If you choose to submit your receipts for reimbursement, Care& may disclose limited health information to your insurance provider upon your explicit request and authorization.

6.6. Security of Your Information

Care& implements stringent security measures to protect your personal health information from unauthorized access, loss, or misuse. These measures include:

• Data Encryption: All electronic health records and communications are encrypted both in transit and at rest.
• Access Controls: Access to your information is restricted to authorized personnel who have a legitimate need to know to provide care or perform administrative functions.
• Physical Security: Our clinics and administrative offices employ physical security measures such as secure entry systems and surveillance to prevent unauthorized access to patient records.
• Regular Audits and Monitoring: We conduct regular audits and monitoring of our systems to ensure compliance with privacy standards and detect any unauthorized access or anomalies.

6.7. Retention and Disposal of Information

Care& retains your personal health information for as long as necessary to fulfill the purposes for which it was collected or as required by law. When your information is no longer needed, we will securely dispose of it using industry-standard methods, such as shredding, de-identification, or permanent deletion of electronic records.

6.8. Use of Digital Health Platforms

When you use our digital health platforms (e.g., patient portals, mobile applications), Care& may collect technical information, such as usage data, device information, and browsing activity. This data is used to optimize the user experience and ensure the security and functionality of our platforms.

• Cookies and Tracking Technologies: Our digital platforms may use cookies and similar technologies to enhance your experience and for analytical purposes. You can manage your cookie preferences through your browser settings, but this may impact your ability to use certain features of the platform.

6.9. Changes to Our Privacy Practices

Care& reserves the right to modify its privacy practices and this Privacy Policy at any time. Any changes will be communicated to you through our website, patient portal, or by other appropriate means. It is your responsibility to review our privacy practices periodically.

6.10. Contact Information

For questions or concerns regarding the privacy and use of your information, please contact our Privacy Officer at:

Care& Family Health — Privacy Officer Email: privacy@careand.ca Phone: +1 (647) 951-4770 Address: 162 Cumberland St, Suite 200, Toronto, Ontario, M5R 3N5

7. Limitations of Liability

The healthcare services provided by Care& Family Health are intended to support your health and well-being. However, by using our services, you acknowledge and agree to the following limitations on Care&’s liability. These limitations are designed to establish a fair scope of responsibility and reflect the inherent uncertainties in healthcare delivery.

7.1. No Guarantee of Outcomes

Care& strives to provide high-quality healthcare services in accordance with professional standards. However, healthcare is not an exact science, and Care& makes no guarantees regarding specific outcomes or results from your treatment. You acknowledge and agree that:

• Medical Outcomes: Diagnoses, treatment recommendations, and health outcomes may vary depending on individual circumstances, and the success of treatment is influenced by many factors outside of Care&’s control.
• Telehealth Limitations: The limitations of telehealth services, such as the inability to conduct a physical examination, may impact the accuracy of diagnoses or treatment recommendations.

7.2. Limitation of Liability for Healthcare Services

To the fullest extent permitted by law, Care& and its officers, directors, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:

• The use or inability to use Care&’s services, including telehealth.
• Delays, interruptions, or technical failures during telehealth consultations.
• Misinterpretation or reliance on information provided through digital platforms.
• Personal injury, illness, or death resulting from conditions that were not disclosed during the consultation or that require a physical examination.

You further agree that Care&’s liability for any claim arising out of or relating to your use of the services shall be limited to the amount paid, if any, by you for the services in question.

7.3. No Liability for Patient-Provided Information

Care& is not responsible for the accuracy or completeness of any information that you provide, including your health history, symptoms, or medication use. If inaccurate or incomplete information is provided, it may adversely affect the quality of care you receive. Care& shall not be liable for any negative outcomes resulting from such misinformation.

7.4. No Liability for External Referrals or Services

Care& may refer you to external specialists, healthcare providers, or third-party services (e.g., laboratory testing, imaging centers) as part of your treatment plan. These third parties are not under the control of Care& and are solely responsible for the services they provide. Care& shall not be liable for:

• The actions, errors, or omissions of third-party providers.
• Any injury, loss, or damage incurred as a result of services provided by these external entities.

7.5. Indemnification

You agree to indemnify, defend, and hold harmless Care& and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to:

• Your use of Care&’s services in a manner that is not in compliance with these Terms or applicable law.
• Your breach of any of the representations, warranties, or agreements made in these Terms.
• Any negligent or intentional act or omission by you that causes harm to Care& or others.

7.6. Limitation of Liability for Digital Platforms

While Care& strives to ensure the functionality and security of its digital health platforms (including patient portals and mobile applications), we do not warrant that these platforms will operate without error, interruption, or security breaches. To the fullest extent permitted by law, Care& disclaims any liability for:

• Technical Issues: Outages, data loss, or delays in communication through digital platforms.
• Unauthorized Access: Any unauthorized access to or use of your account, provided that such access is not due to Care&’s gross negligence or willful misconduct.
• Data Security: Any loss or disclosure of your personal information resulting from unauthorized access, unless due to Care&’s failure to implement reasonable security measures.

7.7. No Liability for Emergency Situations

Care& does not provide emergency medical services. If you are experiencing a medical emergency, you should call 911 or visit the nearest emergency room immediately. Care& shall not be liable for any injuries, delays in treatment, or adverse outcomes resulting from failure to seek emergency care.

7.8. Force Majeure

Care& shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including, but not limited to:

• Natural disasters (e.g., earthquakes, floods).
• Government actions or regulations.
• Pandemics or epidemics.
• Labor strikes or shortages.
• Technical failures or interruptions in telecommunications or internet service.

7.9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the provincial or federal courts located in Toronto, Ontario, and you consent to the jurisdiction of such courts.

7.10. Maximum Liability

To the extent permitted by applicable law, Care&’s total cumulative liability under these Terms, whether in contract, tort, or otherwise, shall not exceed the lesser of:

• The amount paid by you for the specific service giving rise to the claim, or
• $500 CAD.

This limitation shall apply even if Care& was advised of the possibility of such damages and notwithstanding the failure of the essential purpose of any limited remedy.

8. Governing Law and Dispute Resolution

These Terms of Use, and any disputes arising out of or related to your use of Care& Family Health’s services, are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. This section outlines the methods and procedures for resolving disputes to provide clarity and a structured approach for both parties.

8.1. Governing Law

All matters relating to the interpretation, construction, enforcement, or application of these Terms shall be governed by the laws of the Province of Ontario, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms, unless otherwise stated in this section, shall be brought exclusively in the courts located in Toronto, Ontario.

8.2. Mandatory Dispute Resolution

To ensure that disputes are resolved in an efficient and amicable manner, both Care& and the patient agree to the following process before pursuing formal litigation:

1. Initial Resolution Attempt: In the event of a dispute, both parties agree to first attempt to resolve the issue informally. You must provide written notice of the dispute, including a detailed description of the issue, to Care&’s administrative office at the contact details provided below. Care& will respond within 15 business days to initiate a dialogue.
2. Mediation: If the dispute cannot be resolved informally, the parties agree to attempt mediation as the next step. Mediation will be conducted by a mutually agreed-upon mediator in Toronto, Ontario. Each party will be responsible for its own costs, and the fees for the mediator will be shared equally.
3. Binding Arbitration: If mediation fails to resolve the dispute, the parties agree to submit the matter to binding arbitration, to be conducted in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario). Arbitration will be conducted by a single arbitrator agreed upon by both parties or, if no agreement is reached, appointed by an arbitration service provider. The decision of the arbitrator will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

8.3. Exceptions to Mandatory Arbitration

The agreement to arbitrate does not apply to:

• Claims seeking injunctive or equitable relief.
• Disputes related to the enforcement or validity of Care&’s intellectual property rights.
• Any claims that, by law, cannot be subject to arbitration.

In these cases, either party may seek relief in a provincial or federal court located in Toronto, Ontario.

8.4. Class Action Waiver

You agree that any dispute arising out of or related to these Terms must be pursued on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, the entirety of the dispute resolution provision shall be null and void.

8.5. Small Claims Court Option

Notwithstanding the above, either party may seek to resolve disputes in small claims court if the claim is within the jurisdictional limits of that court and all other conditions are met. Such proceedings must be initiated in a court located in Toronto, Ontario.

8.6. Fees and Costs

• Mediation and Arbitration Costs: Each party will bear its own legal fees and costs related to the mediation and arbitration proceedings, and the fees of the mediator or arbitrator will be split equally unless otherwise awarded by the arbitrator.
• Attorney’s Fees: In the event that Care& is the prevailing party in any legal proceeding initiated by you, Care& will be entitled to recover reasonable attorney’s fees and costs in addition to any other relief granted.

8.7. Jurisdiction and Venue

You agree to submit to the exclusive jurisdiction and venue of the provincial and federal courts located in Toronto, Ontario, for any actions not subject to arbitration, mediation, or small claims court. You waive any objections to the jurisdiction or venue of such courts, including objections based on forum non conveniens.

8.8. Limitation on Claims

Any claim arising out of or related to these Terms must be brought within one (1) year from the date on which the claim arose. Failure to file a claim within this time frame shall constitute a waiver of such claim, and you agree that no claims will be considered after this period, regardless of any statute of limitations.

8.9. Severability of Dispute Resolution Provisions

If any provision of this section is found to be unenforceable or invalid, that specific provision shall be severed, and the remainder of the section shall remain in full force and effect. However, if the Class Action Waiver is deemed unenforceable, the entire Dispute Resolution section shall be null and void.

8.10. Contact Information for Dispute Resolution

For any disputes or inquiries related to these Terms, please contact us at:

Care& Family Health — Legal Department Email: privacy@careand.ca Phone: +1 (647) 951-4770 Address: 162 Cumberland St, Suite 200, Toronto, Ontario, M5R 3N5

9. Patient Acknowledgement and Acceptance

By using Care& Family Health’s services, whether in person, through telehealth, or via our digital health platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any other agreements or policies incorporated by reference. You further acknowledge that:

1. You have reviewed and consented to Care&’s Privacy Policy, which governs how your personal health information is collected, used, and disclosed.
2. You accept the terms related to service fees, automatic renewals, and cancellation policies, as outlined in Section 4.
3. You agree to comply with your obligations under these Terms, including providing accurate health information and respecting Care&’s behavioral policies.
4. If you are acting on behalf of another person (e.g., a minor or dependent), you represent and warrant that you have the legal authority to accept these Terms on their behalf and that all references to “you” or “your” in these Terms shall apply equally to them.

If you do not agree to these Terms, please do not use Care& Family Health’s services. Continued use of our services after any changes to these Terms constitutes your acceptance of the updated Terms.

For any questions regarding these Terms, please contact Care& Family Health at [Insert Email Address] or [Insert Phone Number].

10. General Provisions

This section outlines the general terms that apply to the entire agreement between you and Care& Family Health. These provisions help clarify the scope, enforceability, and interpretation of these Terms.

10.1. Entire Agreement

These Terms, together with Care&’s Privacy Policy and any other agreements or documents expressly incorporated by reference, constitute the entire agreement between you and Care& regarding your use of the Services. They supersede and replace any and all prior agreements, understandings, or representations, whether written or oral, between you and Care& with respect to the subject matter herein.

10.2. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or limited to the minimum extent necessary to make it enforceable, and the remainder of the Terms shall continue in full force and effect. If such modification is not possible, the offending provision shall be deemed severed, and all other provisions shall remain valid and enforceable.

10.3. Waiver

Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Care&. No failure or delay by Care& in enforcing any right or remedy under these Terms shall be construed as a waiver of any future exercise of such right or remedy. Similarly, a partial exercise of any right or remedy shall not preclude the full exercise of that or any other right or remedy.

10.4. Assignment

Care& may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice to you. You may not assign, transfer, or sublicense any rights or obligations under these Terms without Care&’s prior written consent. Any unauthorized assignment by you shall be null and void.

10.5. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Care&. You acknowledge that Care& is providing services as an independent entity, and no fiduciary or confidential relationship is intended or created by these Terms.

10.6. Notices

All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when:

• Delivered by Hand: Effective upon receipt if delivered in person.
• Sent by Email: Effective upon receipt if the recipient confirms receipt by a non-automated reply.
• Sent by Registered Mail: Effective three business days after being mailed, if sent via registered or certified mail, postage prepaid, with a return receipt requested.

Notices to Care& shall be sent to the following address:

Care& Family Health — Legal Department

162 Cumberland St, Suite 200, Toronto, Ontario, M5R 3N5 Email: privacy@careand.ca

10.7. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation or construction of these Terms.

10.8. Survival

Any provision of these Terms which, by its nature, should survive termination of these Terms (including, but not limited to, indemnification, limitations of liability, and dispute resolution) shall survive any expiration or termination of these Terms.

10.9. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, government orders, war, civil disturbance, technical failures, or any other similar events that are unforeseeable and beyond the control of either party.

10.10. Interpretation

In these Terms:

• The words “include” and “including” are deemed to be followed by the phrase “without limitation.”
• References to “you” and “your” include any person or entity who accesses or uses the Services and any person or entity that is acting on your behalf.

10.11. Language

These Terms of Use are available in English. If these Terms are translated into another language and there is a conflict between the English version and the translated version, the English version shall prevail.

10.12. Updates to Terms

Care& reserves the right to update or modify these Terms at any time. Any changes will be posted on our website or communicated through other appropriate channels. You are responsible for reviewing these Terms periodically. Continued use of the Services after any modifications constitute acceptance of the updated Terms.

10.13. Contact Information

If you have any questions or concerns regarding these Terms, or if you would like to provide feedback, please contact us at:

Care& Family Health — Legal Department Email: privacy@careand.ca Phone: +1 (647) 951-4770 Address: 162 Cumberland St, Suite 200, Toronto, Ontario, M5R 3N5