Effective October 24, 2018
Welcome to Dialogue! Dialogue is a secure telemedicine platform provided and made available to you by Dialogue Technologies Inc (“Dialogue”, “we”, “us” or “our”) through the Dialogue mobile phone and web applications (the “App”) and the Dialogue website located at www.dialogue.co (collectively, the “Platform”).
You must read and complete the Telemedicine Patient Consent Form before using the Platform. The consent form describes the risks and limitations of telemedicine and obtains your consent to care via telemedicine.
2. Provision of the Platform
You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.
3. Telemedicine Consultations
During a Consultation on the Platform, you and the Healthcare Professional will discuss your medical history, your symptoms, and any tests or treatment that you may require. The Healthcare Professional may use the communication and interactive features of the Platform to assess your condition and may prescribe medication to you, order tests or refer you to another healthcare provider for in-person examination, treatment or follow-up care.
Telemedicine is convenient and promotes access to healthcare. However, there are certain limitations and potential risks associated with telemedicine, including, but not limited to, the following:
- Telemedicine is dependent on broadband infrastructure and Consultations are susceptible to degradation or loss of connection;
- Not all health conditions can be adequately assessed through telemedicine due to technological limitations;
- A healthcare professional may not have access to your up-to-date medical records, which may result in an inaccurate assessment and/or treatment plan; and
- Although Dialogue protects your personal information and personal health information through integrated physical, technological and administrative safeguards, there is no guarantee against data breaches, which may result in the unauthorized collection, use and/or disclosure of your personal health information.
The Platform is not intended to replace your existing healthcare providers, such as your family doctor.
Do not use the Platform for medical emergencies. If you have a medical emergency you must contact emergency services in your area or go to the nearest hospital or healthcare center.
4. Healthcare Professionals and Healthcare Services
Healthcare Services on the Platform are provided by Healthcare Professionals. All Healthcare Professionals on the Platform are licensed or permitted to practice by the regulatory authority in the province or territory of Canada where you are located at the time of the Consultation.
DIALOGUE PROVIDES A TECHNOLOGY PLATFORM THAT CONNECTS YOU WITH HEALTHCARE PROFESSIONALS. THE HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL HEALTHCARE SERVICES PROVIDED TO YOU ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND ANY MEDICAL PROCEDURES PERFORMED. DIALOGUE DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER THE PROVISION OF HEALTHCARE SERVICES BY THE HEALTHCARE PROFESSIONALS, THE MATERIALS, TOOLS OR METHODS USED BY A HEALTHCARE PROFESSIONAL, THE TREATMENT PROVIDED BY A HEALTHCARE PROFESSIONAL OR THE CONDUCT OF A HEALTHCARE PROFESSIONAL. NEITHER DIALOGUE NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY HEALTHCARE SERVICES PROVIDED TO YOU BY A HEALTHCARE PROFESSIONAL.
5. No Guarantee
We take careful steps to verify the credentials and quality of Healthcare Professionals but we do not confirm their competency or their proficiency in the practice area in which they offer their services. We make no guarantees or representations regarding the skills or representations of Healthcare Professionals or the quality or accuracy of the Healthcare Services that such Healthcare Professionals may provide.
DIALOGUE DOES NOT GUARANTEE OR WARRANT ANY HEALTHCARE PROFESSIONAL’S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE HEALTHCARE SERVICES PROVIDED BY A HEALTHCARE PROFESSIONAL.
6. User Accounts
In order to use the Platform, you must register for a user account (“Account”). To register for an Account you must be aged 14 years or older and must be invited to create an account as:
- A benefit of your employment or a school insurance program that provides Dialogue’s Healthcare Services to employees or students, in which case you are a “Primary Account Holder”; or
- A spouse or eligible child of a Primary Account Holder, in which case you are a “Covered Person”. The maximum age and other criteria (such as residence or student status) that determine a child’s eligibility are agreed and set out in the agreement between Dialogue and the Primary Account Holder’s employer or school insurance program.
For clarity, Dialogue refers to a Covered Person as “Family” in the Platform.
If you are a Primary Account Holder you agree that you will not invite a person to create an Account unless that person is a Covered Person; only your spouse and eligible children aged 14 years or older can be invited by you to register for an Account.
As part of the registration process, you will be required to provide us with certain information, such as your full name, date of birth, email address, phone number, mailing address, a photo of your provincial/territorial health insurance card and a password that is unique to the Account. You may also be required to provide us with payment and banking information to facilitate payments to and from your Account. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to transfer or sell your Account to any other person nor provide any other person with access to your Account.
7. Minors and Dependents
An Account holder who is a child of a Primary Account Holder cannot use his or her Account to obtain Healthcare Services for the Primary Account Holder’s Dependents unless the child Account holder is a legal guardian of the Dependent; an Account holder who is the sibling or child of a Dependent cannot use his/her Account for that Dependent solely on the basis of his/her family relationship to the Dependent.
A Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her medical treatment on a case-by-case basis. If the Healthcare Professional determines that a person is a Dependent, the Dependent’s parent or legal guardian must abide by the terms defined in the preceding two paragraphs whenever the Dependent receives Healthcare Services.
8. Account Confidentiality
You agree that the Account that you use to access the App can only be used by you and that you will not share your password to access the App with anyone. You also agree that for any device on which you can use a biometric identifier to automatically enter your password for the App, including but not limited to a fingerprint or facial image, you will not allow any other person to store their biometric identifiers on that device. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
9. Account Termination and Cancellation
We may terminate, suspend or otherwise restrict or prohibit your access to and use of your Account or the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
You have the right to close your Account at any time once all obligations associated with the Account have been completed. Please see the Termination and Cancellation section below for more details.
You acknowledge and agree that if we disable access to your Account you will still be able to access records of your past Consultations but that you will be unable to initiate any new Consultations or obtain further Healthcare Services from Dialogue. For information on how to access your records of your Consultations, please contact us at email@example.com
10. Privacy and Personal Health Information
We may send you certain communications in connection with your use of the Platform. For example, we may send you reminders of your Consultations, administrative notices and other information about your use of the Platform. We will always send you communications containing your personal health information through our secure Platform or from our secure Electronic Medical Records software. We will also try to send any other communications to you via secure channels. However, when we are unable to contact you via secure channels, we may be required to use an unsecured message or contact a Family member in order to provide safe care. Unsecured messages or messages to Family members will only include a request for you to contact us through our secure Platform.
12. Appropriate Use of the Platform
Your use of the Platform is subject to all applicable local, provincial/territorial and federal laws and regulations.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose.
You agree that you will not record and/or distribute in any way, manner or form any Consultation without our prior written authorization.
In addition, you agree that you will not use the Platform to:
– Promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
– Promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
– Upload, post or otherwise make available any material that contains viruses, malware or other malicious software;
– Upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
– Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
– Engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
– Engage in any activity that attempts to extract any proprietary software used to maintain the Platform; or
– Track, trace or harvest any information on any Account or any other person who visits the Platform.
You agree that no email address found on the Platform may be harvested or otherwise used for purposes of solicitation.
13. Speech and Conduct When Communicating with Dialogue Employees and Health Professionals
You acknowledge and agree that you will refrain from inappropriate language or conduct when communicating with Dialogue employees and Health Professionals, regardless of whether or not that language or conduct is specifically directed at the individual you are communicating with. Inappropriate language includes but is not limited to speech that is abusive, harassing, vulgar, hateful or defamatory, or which discriminates against other persons on the basis of gender, race, religion, ethnicity, sexual orientation, family status or disability. You also agree that you will not attempt to communicate with any Dialogue employee or Healthcare Professional through any means other than the Platform, except when mutually agreed.
14. Data Charges and Fees for Use of the Platform
You may access and use the Platform through the App loaded onto a mobile device or via a web browser. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform.
15. Geographic Limitations
You acknowledge and agree that Healthcare Services may not be available when you are outside of Canada. Healthcare Services also may not be available in all locations within Canada. Please contact us at firstname.lastname@example.org for further information regarding the availability of the Healthcare Services.
Dialogue provides you with a wide range of Health Services as part of your Dialogue plan (please contact your HR representative or email email@example.com to verify what is included in your plan).
However, there are some Healthcare Services that are not included in your plan and you are responsible for paying any fees or charges (“Charges”) for those services unless an insurer or other third party has arranged with Dialogue to pay the Charges on your behalf. We will always inform you when a Healthcare Service is not included in your plan so that you may choose whether or not you wish to pay for that service.
When you want to obtain a Healthcare Service that is a Consultation with a Healthcare Professional and that Consultation is not included in your Dialogue plan.you and the Healthcare Professional providing that Consultation are entering into a direct business relationship with each other. We will facilitate and process the payment of the applicable Charges for a Consultation on behalf of such Healthcare Professional. The payment of the Charges in this manner is considered to be the same as you directly making the payment to the Healthcare Professional.
If you are paying the Charges for a Healthcare Service, you must provide us with valid credit card information as the form of payment. If that Healthcare Service is eligible for an insurance receipt, we will provide you with one.
We are not responsible for exchange rate fluctuations or for any processing fees charged by your payment provider or financial institution.
YOU AGREE THAT YOU WILL PAY A HEALTHCARE PROFESSIONAL FOR A CONSULTATION THROUGH OUR PLATFORM AND THAT YOU WILL NOT PAY ANY HEALTHCARE PROFESSIONAL DIRECTLY FOR A CONSULTATION. ALL PAYMENTS MUST BE MADE THROUGH DIALOGUE.
17. Cancelling a Consultation
For Consultations with a Dialogue nurse, nurse practitioner or physician you may cancel any scheduled Consultation with two-hour notice without incurring any cancellation fees. Any late cancellation or missed appointment will be noted in your file and you will be charged a $50 fee after 2 missed appointments.
For Healthcare Services that you pay for yourself, you may cancel a Consultation in accordance with the cancellation policy established by the Healthcare Professional, including any applicable cancellation fees.
All disputes between you and a Healthcare Professional are between you and such Healthcare Professional and not with us. However, if you are unhappy with the quality of the Healthcare Services provided by a Healthcare Professional, please contact us at firstname.lastname@example.org. We will investigate and review all complaints within a reasonable period of time. Upon review, we may, in our sole discretion, decide to provide a refund to you. Under no circumstances do we have an obligation to resolve any dispute or provide a refund to you.
Neither you nor a third party Healthcare Professional shall have any claim against us arising from a dispute or our resolution of a dispute. You release us from all claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20. Links to Third-Party Sites
Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
21. Ownership of Intellectual Property Rights
The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Contents.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.
22. Termination and Cancellation
We may terminate your use of the Platform and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability.
If you want to terminate your Account with us, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.
For information on how to access your health records, please contact us at email@example.com.
23. Third-Party Information
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Healthcare Professionals, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
24. Warranty Disclaimer
SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
25. Limitation of Liability
SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE OUR REASONABLE CONTROL.
29. Obtaining Consent