Last Updated: September 22, 2023
Dialogue Health Technologies Inc. (“Dialogue”, “we”, “us” or “our”) is a company providing a integrated virtual health and wellness platform (the “Platform”) that allows eligible members (the “Users”) to access services such as virtual healthcare services (also called “Telemedicine services”), mental health services, well-being, and other orientation and counseling services, as well as self-guided health and wellness resources (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 professionals, who are working as partners, contractors and employees whether by video call, audio call or instant messaging (the “Consultations”). Our Services may be accessible through our application available on mobile devices or through a web browser (the “App”) or over the telephone.
You must read and complete any consent notification that is presented before using the Platform. The consent \ notably describes the risks and limitations of virtual care and outlines other important information in order to obtain your informed consent to virtual care.
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.
Three types of Services may be provided to you through your access to the Platform and are described below as: Telemedicine Services, Orientation and Counseling Services, and Wellness Resources.:
A) Telemedicine Services
During a Telemedicine Consultation on the Platform, you and the Regulated Health Professional may discuss your medical history, your symptoms, and any tests or treatment that you may require. The Regulated Health 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 Regulated Health 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
Dialogue will put in place security measures to ensure the protection of personal information sent and received during a consultation;
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 REGULATED HEALTH PROFESSIONALS. THE REGULATED HEALTH 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 REGULATED HEALTH PROFESSIONALS, THE MATERIALS, TOOLS OR METHODS USED BY A REGULATED HEALTH PROFESSIONAL, THE TREATMENT PROVIDED BY A REGULATED HEALTH PROFESSIONAL OR THE CONDUCT OF A REGULATED HEALTH PROFESSIONAL. NEITHER DIALOGUE NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY TELEMEDICINE SERVICES PROVIDED TO YOU BY A REGULATED HEALTH PROFESSIONAL.
B) Orientation and Counselling Services
During Orientation and Counseling Consultations on the Platform, you and the Orientation and Counseling Professional may discuss information about your personal life, such as your family, relationship, legal, financial or career situation. The Orientation and Counseling Professional 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 counselors or counsels, such as but not limited to your financial advisor or attorney, if any.
C) Self-Guided Tools and Resources
Self-Guided Health and Wellness Content: Dialogue offers self-guided health and wellness resources. Through the Platform, Users may have access to content and materials aimed at inspiring positive behavioral change including, but not limited to, articles, videos, audio files, interactive exercises, and workbooks. Depending on the program, Users may also have access to non-medical staff, such as accountability coaches.
The information provided through these resources and throughout the Platform is intended for education and skill development purposes only. It is not intended to be comprehensive, nor to constitute professional or medical advice or be used as a substitute for medical diagnosis or treatment. The information does not constitute psychotherapy and is not intended to suggest or recommend a course of treatment or replace personal consultation with a qualified health care professional or mental health specialist.
You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to something you read on the Platform.
Self-care toolkits: Dialogue offers self-guided internet-based Cognitive-Based Therapy (iCBT) and other self-guided mental health services. These services consist of interactive information and training and may include screening tests or other self-guided assessments to help identify symptoms related to or monitor a mental health condition. Self-led iCBT and other self-guided mental health services may be led independently by User or with the support of a coach. In all cases, these services are provided without the intervention of a Regulated Health Professional or Orientation and Counseling Professional.
iCBT and other self-guided mental health services are not designed to treat clinical levels of depression or anxiety or other mental health disorders. The diagnosis and treatment of clinical anxiety and depression requires the intervention of a medical practitioner or another qualified health professional. One reason this is important is that anxiety and depression are sometimes caused by physical illness or certain medications that only such a qualified health professional can check. People seeking a diagnosis or treatment of depression, anxiety or other mental disorders should consult a medical practitioner or mental health professional.
In addition, the self-assessment and screening tests are intended solely for identifying anxiety and depressive symptoms, and are not designed to provide a diagnosis. Individuals who feel stressed or depressed are advised to talk to a health professional.
D) Quality and Complaints
Our Services are provided by appropriately qualified and experienced Regulated Health Professionals and our Orientation and Counseling Professionals (together, “Dialogue Professionals”). If you are not satisfied with the Services provided or should you wish to raise a concern 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 concerns related to our Telemedicine Services or our Orientation and Counseling Services, our Clinical Quality team will conduct an internal investigation and, with your further consent, we may communicate with you during or after the internal investigation in order to seek your input and/or additional details. All concerns related to our Regulated Health Professionals and/or any other Dialogue professionals, counselors or advisors will be handled with respect for the confidentiality of our Users information and their right to privacy (on a data minimized, need-to-know basis); and, where applicable, in accordance with the rules applicable to these Regulated Health Professionals as per their relevant regulatory body.
All disputes between you and a Regulated Health 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).
A) 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”. For more details on the eligibility criteria, please contact the company or association that provides you access the Services.
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 a Covered Person (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 and a password that is unique to the Account.
You will have the opportunity to provide us with a photo of your health insurance card or if it does not include a photo identifying you, a piece of identification issued by a government authority with photo, to allow us to identify you when providing health care.
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.
B) Minors and Dependents
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 Regulated Health 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 Regulated Health 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.
A) 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 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 behavior 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.
B) The Services
Dialogue’s platform is offered in mostly all provinces and territories in Canada and where Dialogue and its affiliates operate. Some of the Services are regulated and may not be available in all jurisdictions due to the different laws and regulations for such services. The Services offered through the Platform depends on your eligibility for the Services and your location of access of the Platform.
C) 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 or a Dialogue Professional.
A) Additional charges
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. Note that due to regulatory constraints in some provinces, this option may not be available to you.
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.
B) Cancellation Fees
Please be advised that cancellations or rescheduling made up to four (4) hours before a scheduled appointment in the appropriate conversation chat will be processed without a penalty.
Cancellations made four (4) hours or less before an appointment may be subject to a charge of 25.00$.
Dialogue reserves the right to cancel your appointment if (i) you are more than 5 minutes late, (ii) if your environment is not safe or private, or (iii) if communication is not secure.
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 – except the Users’ 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 “Content”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Content.
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.
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.
In the province of Quebec, we are liable to you for damages for which we are liable to you under applicable law.
In other Canadian provinces and territories or any other jurisdiction, we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages caused to you in connection with your use of the Platform.
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.