Effective October 5th, 2020
Welcome to Dialogue, the leading provider of telemedicine in Canada!
Please read these terms carefully before accessing or using our secure platform (the “Platform”)
Dialogue Technologies Inc. (“Dialogue”, “we”, “us” or “our”) is a company providing a Platform that allows our members (the “Users”) once registered, to directly access virtual healthcare, stress management, mental wellbeing and other orientation and counselling services (the ”Services”). Our broad choice of Services is provided to our Users through the Platform with the help of standard forms and questionnaires developed by us or by our healthcare or orientation and counselling professionals, who are working as partners, contractors and employees whether by video call, audio call or text messages (the “Consultations”). Our Platform is accessible through our application available on mobile devices or through a web browser (the “App”).
You must also read and complete the Consent Form before using the Platform. The Consent Form notably describes the risks and limitations of telemedicine and has for purposes to your consent to care via telemedicine.
Technical or security threats or issues affecting the Platform or the App may require us to suspend our Services in order to ensure they are secure and/or operating optimally. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimize the interruption to the Platform access and to our Services.
Two types of Services will be provided to you through your access to the Platform:
During a Telemedicine 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, please note that there are certain limitations and potential risks associated with telemedicine, including, but not limited to, the following:
Telemedicine is dependent on broadband infrastructure and therefore, Telemedicine Consultations are susceptible to degradation or loss of connection;
Not all health conditions can be adequately assessed through telemedicine due to technological limitations. Therefore, you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our Telemedicine Services in an appropriate manner, or if you have any concerns about the advice you receive from us;
The Platform and any of our Telemedicine Services are not intended to replace your existing healthcare providers, such as your family doctor. All our Healthcare Professionals are duly registered and licensed with the applicable regulatory body in their province and/or territory of practice and have committed to provide Services in accordance with best practice and applicable professional standards, however they 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 be used and shall NOT be used for medical emergencies. If you have a medical emergency, you must immediately contact the emergency services in your area or go to the nearest hospital or healthcare center.
PLEASE ALSO NOTE THAT DIALOGUE ONLY PROVIDES THE PLATFORM (AND RELATED TECHNOLOGY) THAT CONNECTS YOU WITH OUR HEALTHCARE PROFESSIONALS. THE HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL TELEMEDICINE SERVICES PROVIDED TO YOU ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND ANY OTHER MEDICAL PROCEDURES THAT COULD BE PROVIDED THROUGH THE PLATFORM OR THE CONSULTATIONS. 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 TELEMEDICINE SERVICES PROVIDED TO YOU BY A HEALTHCARE PROFESSIONAL.
Orientation and Counselling Services
During Orientation and Counselling Consultations on the Platform, you and the relevant professional, counsellor or advisor, as the case may be, will discuss information about your personal life, such as your family, relationship, legal, financial or career situation. The professional, counsellor or advisor, as the case may be, may use the communication and interactive features of the Platform or external video or audio communications software to assist you. He or she may also refer you to other professionals, organizations or resources for in-person consultations or follow-up requests.
Please note that the Platform is not intended to replace your existing and usual counsellors or counsels, such as but not limited to your financial adviser or attorney, if any.
Quality and Complaints
Our Services are provided by appropriately qualified and experienced bu our HealthCare Professionals and our Orientation and Counselling Professionals (together, “Dialogue Professionals”). If you are not satisfied with the Services provided or should you wish to make a formal complaint about our Services, our App or the Platform, please do so as soon as possible following the event by contacting us via the Platform or by email at firstname.lastname@example.org. In case of any complaints related to our Telemedicine Services, we may require additional details and written consent from you in order for our clinical quality department to address it, in accordance with any applicable laws or regulatory requirements. All complaints related to our Healthcare Professionals will be handled with respect for the confidentiality of our Users information and their right to privacy; and in accordance with the rules applicable to these Healthcare Professionals as per their relevant regulatory body. In case of any disputes, please refer to Section 8 of these Terms.
As further detailed in the Consent Form, all disputes between you and a Dialogue Professional are between you and such professional and not with us. Under no circumstances do we have an obligation to resolve any dispute or provide a refund to you (in such case that the Consultations were paid by you directly).
Primary Account Holders and Covered Persons
In order to use the Platform and be provided with the Services, you must register for a user account (“Account”). To register for an Account, you must be aged 14 years or older and have been invited by Dialogue to create an Account as:
A benefit of your employment or your membership with a company or an association or as part of your insurance program with a company that provides Dialogue’s Services to its employees, members or insurance holders, as the case may be, in which case you are a “Primary Account Holder”; or
To the extent provided herein and in Section 3.B) below, a spouse or eligible child (including foster 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 to be a Covered Person are the following: the child (i) must be under the age of 21 or under the age of 25 if they are full-time students, (ii) is not be married or in any other formal union recognized by law; and (iii) live in the same household as the Primary Account Holder or resides next to their university or school.
If you are a Primary Account Holder, you hereby acknowledge and agree that you will not invite a person to create an Account unless that person is your spouse or an eligible child (as per the criteria above).
As the Primary Account Holder, as part of the registration process, you will be required to provide us with certain information about you, your spouse and/or your eligible child(ren), such as full name, date of birth, email address, phone number, mailing address, a photo of the provincial/territorial health insurance card or a government-issued enhanced identification 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. Please refer to Section 5 regarding the collection and processing of any of your personal information by Dialogue for more details.
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.
Please note that you shall not use your Account (i) to obtain Services for any of the Primary Account Holder’s Dependents if you are yourself the child of a Primary Account Holder unless you are a legal guardian of the Dependent; (ii) if you are the sibling or child of a Dependent and you use your Account for that Dependent solely on the basis of your family relationship to the Dependent.
All Dialogue Professionals reserve their 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 Dialogue 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 the Services.
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.
We may send you certain communications in connection with your use of the Platform and your request for Services. 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.
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 CONSULTATIONS 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. We will not tolerate any abuse or offensive discourse or behaviour towards our employees or our Dialogue Professionals as further described below;
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.
Except as otherwise mentioned or agreed by Dialogue in writing, the Services are for use in Canada only. We do not take responsibility for laws outside of Canada governing access to our Services and if you use them elsewhere you should check in that country or region that it is appropriate and lawful for you to do so. We provide our services in compliance with Canadian law and regulation, and cannot take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else.
Communicating with employees and Dialogue Professionals
You acknowledge and agree that you will refrain from inappropriate language or conduct when communicating with Dialogue employees and Dialogue 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 Dialogue Professional through any means other than the Platform, except when mutually agreed or if instructed to by a Dialogue employee.
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.
In addition, Dialogue provides you with a wide range of Services as part of the Dialogue plan subscribed to by your employer, association or insurance company, as the case may be (please contact your HR representative or email email@example.com to verify what is included in your plan).
However, there are some 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 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 Service that is a Consultation with any Dialogue Professional and that Consultation is not included in your Dialogue plan, you and the Dialogue 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 Dialogue Professional. The payment of the Charges in this manner is considered to be the same as you directly making the payment to said professional.
If you are paying the Charges for a Service, you must provide us with valid credit card information as the form of payment. If that 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 THE DIALOGUE PROFESSIONAL FOR A CONSULTATION THROUGH OUR PLATFORM AND THAT YOU WILL NOT PAY ANY DIALOGUE PROFESSIONAL DIRECTLY FOR A CONSULTATION. ALL PAYMENTS MUST BE MADE THROUGH DIALOGUE.
You may cancel any scheduled Consultation with one of a Dialogue Professional via the Platform following at least two-hour prior 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 two (2) missed appointments.
For Services that you pay for yourself as they are not part of your Dialogue plan, you may cancel a Consultation in accordance with the cancellation policy established by the Dialogue Professional that will provide the Consultations, including any applicable cancellation fees.
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.
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 Dialogue 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.
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.
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.
Please note 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 Services from Dialogue. For information on how to access the records of your Consultations or any of the records we have about you, please contact us at firstname.lastname@example.org.
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.
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 BUSINESS LOSSES, 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.
IN NO EVENT WILL DIALOGUE 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.
17. Applicable laws and competent jurisdiction
YOU HEREBY ACKNOWLEDGE THAT THE COURTS OF THE PROVINCE OR TERRITORY IN WHICH YOU ARE LOCATED AT THE TIME THE TELEMEDICINE SERVICES OR THE REFERRAL AND COUNSELING SERVICES ARE PROVIDED TO YOU SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR ANY COMPLAINT, CLAIM, DEMAND, PROCEEDING OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO SUCH MEDICAL OR OTHER CARE AND TREATMENT OR ADVICE RECEIVED, OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE CORRESPONDING DIALOGUE PROFESSIONAL.