Legal Agreement

This Terms of Service agreement (the “Agreement”) is a legal agreement that governs the access and use of services through the web platform http://www.kixcare.com/ (the “Website”), to facilitate connection with a health care or allied health care provider, related administrative functions, including but not limited to virtual visit, telephone and customer services, (collectively the “Services”), operated and managed by KixCare Inc. (“we”, “us”, “our”, or “KixCare”). Individuals (“you”, “your”, or the “User(s)” throughout) who visit our Website may use the Services to find a physician or allied health provider. References to you, your and User(s) used throughout this Agreement also includes a User’s substitute decision maker as defined under applicable law. Where you are using the Services on behalf of another individual, references to “you” and “your” in these terms include the individual or child listed in your account for whom you have legal authority to use the Services.

To access our Services, Users must provide their personal information (e.g. name, email, province), and agree to the Privacy Policy and this Terms of Service on our Website, before being re-directed to create an account (the “User Account”) within our electronic medical record and virtual care platform provider. KixCare contracts with a third-party service provider to provide the electronic medical record and virtual care platform and it is through that service provider that the User Account is facilitated.

This Agreement governs your access and use of the User Account and Website by you and all materials displayed or made available through the User Account or Website, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (the “Content”) on the Website.

By accessing and using our Services, you are indicating that you accept to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use our Services. KixCare may revise this Agreement at any time with reasonable notice to you.  Use of the Services after such changes are made available to you constitutes your acceptance of and agreement with the revised terms of this Agreement.

Services

The Services provided by KixCare, as defined above, are intended to facilitate connecting Users to physicians or allied health professionals, and providing administrative and other support to such Users. The physicians or allied health professionals provide health care services to Users; KixCare provides the Services, which do not include the provision of health care services by the Health Professionals. The Website allows you to book appointments with physicians or allied health professionals by redirecting you to an online EMR service provider. KixCare also provides appointment management, billing, and related administrative support. All physician(s) providing health care services to Users are independent, regulated health professionals registered to practice medicine in the province or territory in which you reside. Your relationship with a physician is a physician-patient relationship, and KixCare is not a party to that relationship. Allied health professionals may be independent, regulated health professionals. Those allied health professionals who are not regulated health professionals are independent contractors to KixCare. KixCare is not a health care provider and is not responsible for the health care services you may receive from your physician or allied health professionals. Physician(s) and allied health professionals are solely responsible for the health care services they provide to you once you are connected to the physician or health professionals through our Services.

Registration

To use certain features of the Website, you must create a User Account with us. When you register for a User Account, you agree to: 

a) provide true, accurate, current, and complete information, and

b) maintain and promptly update the information to ensure it remains true, accurate, current, and complete.

If KixCare has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, KixCare will have the right to suspend or terminate your access to all or part of our Services. Our use of any personal information you provide to us at any point is governed by the terms of our Privacy Policy. You are responsible for all activity which occurs under your User Account.

Unless otherwise permitted by KixCare in writing, you may only possess one User Account. You must create a separate profile for each dependent. You are only allowed to request healthcare services for yourself or dependents. 

Usernames and Passwords. You are responsible for maintaining the confidentiality of the password you use in association with your User Account and Website. You are also responsible for all activities that occur under your username and password. If KixCare has reasonable grounds to suspect that you are sharing your username or password with anyone, KixCare will have the right to suspend or terminate your User Account and your access to the Services.

Administrative Fee. Currently, creating a User Account and accessing the Website are provided free of charge. KixCare reserves the right to charge a fee in the future with reasonable notice provided to you.

Medical Emergency

KixCare must not be relied upon for medical or other emergencies at any time, and under any circumstances. Do not attempt self-treatment based on anything you have seen or read on the Website.

KIXCARE DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER, VISIT YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT OR DIAL 911 IMMEDIATELY.

Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding your medical condition.

Your Responsibilities

It is your obligation to provide the physician or allied health professional with the information requested and required in order to provide you with the Services. No results are guaranteed, as with any other health care consultation. Your physician or allied health professional may elect not to provide health care services to you if they deem them to be inappropriate for your treatment needs.

You agree that you will not engage in appropriate conduct and will refrain from abusive language or communication when engaging with anyone through the Services, which includes physicians and allied health professionals.

Limits on Healthcare Services

Physician or allied health professionals are not permitted to prescribe some types of medication including controlled substances, narcotics, and other types of controlled medications, and other drugs which can be harmful due to their potential for abuse.

Any prescriptions provided by a physician or allied health professional are solely for the personal use of the named individual on a prescription. You agree that only the named individual on the prescription will consume the prescription, and you further agree to read all accompanying product information and labelling, and to immediately contact a pharmacist or physician if you have questions concerning the prescription or medication.

Physicians or allied health professionals have full discretion to discontinue or refuse the provision of health care services to a User at any time. Physicians and allied health Professionals are solely responsible for the health care services provided to you, which includes compliance with professional standards of care, professional obligations, and record-keeping.

No Health Care Provider Relationship. The presentation of information on the Website and your use of KixCare’s Services does not establish a health care provider relationship between you and KixCare and is not intended as a solicitation of individuals to become KixCare’s patients or clients.

Misuse of Services. KixCare retains sole discretion to refuse or discontinue the provision of Services to any User at any time, including for actual or potential misuse of the Services by a User. Privacy and Personal Health Information. The collection, use, disclosure, retention, destruction, and disposal of information is governed by our Privacy Policy. You are obliged to review our Privacy Policy before you agree to the terms and conditions of this Agreement because it is incorporated into these terms of service, and forms a part of these terms. By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy. The laws that protect the privacy and security of Personal Health Information apply to the Services.

Copyright. The Content is copyrighted and owned by KixCare, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the Website, User Account or Content, whether in whole or in part, is prohibited without KixCare’s express prior written consent.

Limited Licence. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website, Content, User Account and any part of our Services for your personal, non-commercial use. Access to the Website, User Account and Services for any other purpose is prohibited. Software Licence

All software embedded in or located on the Website, including, without limitation, all computer code of all types and all files or images contained in or generated by such software (collectively, the “Software”) is protected by copyright and may be protected by other rights. All Software is owned by KixCare, its licensors, or the party accredited with ownership of the Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to:

a) the terms and conditions of this Agreement; and

b) any additional conditions which may be imposed on your access and use of the licensor’s Software, including any condition imposed by the licensor.

Except to the extent expressly permitted in this Agreement, you may not:

a) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;

b) sell, rent, lease, licenses, transfer, or otherwise provide access to the Software;

c) alter, remove, or cover any trade-marks or proprietary notices, including from the Software; or

d) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

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

All Software embedded or integrated into our Services including the Website is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:

a) is of merchantable quality or is fit for any particular purpose;

b) will conform with any specifications relating to the Software;

c) will be free from material defects;

d) contains no computer viruses or other contaminants; or

e) shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Posted Information. All information made available on the Website or through any other part of our Services is provided for general, illustrative or informational purposes only and does not constitute medical or health care advice and is not intended to be a substitute therefor. You should not act or refrain from acting based on any information provided on the Website or through any other part of our Services.  

Fees

Currently, creating a User Account is provided free of charge. KixCare reserves the right to charge a fee in the future with reasonable notice provided to you.

Certain Services are provided for a fee. We do not charge for services that are covered by applicable provincial health plans. If you have any questions about fees charged for the Services, please contact us.

Details about applicable fees for certain Services can be found on our Fee page https://www.kixcare.com/booking/pricing (the “Fees”).

Upon registration, you will be required to provide an Ontario Health Insurance Plan (“OHIP”), RAMQ (“RAMQ”), other provincial health insurance plan, or private insurance number (“Plan Number”).

Insured Services. The Plan Number you provide will be automatically validated in our system. If the number is not valid, or found to be invalid at a later date, we will invoice you the applicable fee.

Uninsured Services

Those who do not have health coverage through a provincial plan or those who book uninsured services will be required to pay via credit card. We use Stripe to process payments in an encrypted format.

We charge Health Care Providers a service fee for using KixCare which we deduct from the fees paid for Services. KixCare facilitates payment of the fees to the Health Care Providers. All fees for Services are in Canadian dollars and inclusive of all applicable taxes.

Stripe will collect credit card information for authorization before a service has been provided, but will only charge the credit card after it has been provided. After you receive an uninsured service and pay with a credit card for the first time, that information is saved associated with your contact information. In the future, you may use the saved information to pay for subsequent uninsured services or use a different credit card if need be. A new invoice is generated each time an uninsured service is received by you, and no automatic payments are charged to your credit card on file. You have a 30-day window to pay for an uninsured service in the case of failed payments. If unpaid after 30 days, you will receive an email reminder. After 60 days, you will receive a second email reminder. At 90 days, we will call you to discuss possible barriers to payment and discuss financing options. At 120 days, if no financing agreement has been reached, we will consider options available at law.

Repeat offenders for not fulfilling their payment obligations after 120 days, as described above, will be unable to book visits in the future. Children. Neither Website nor Services target or are intended for children under the age of 14, or seek to collect any personal information from children under 14 years old without the consent of a parent or legal guardian. Please do not use the Website or Services at any time or for any reason if you are under the age of 14 years. By using the Website or Services, you affirm that you are 14 years old or older. Cancellation

There may be circumstances beyond our control, such as medical emergencies or other unforeseen events, that may result in your appointment being modified, rescheduled or cancelled. We aim to accommodate all scheduled appointments within a reasonable window. If an appointment is scheduled, our cancellation policy will apply.

KixCare is passionate about increasing access to care for all Canadian kids. As a courtesy to other kids waiting for appointments, when users need to cancel their visit for any reason they are asked to do so with at least 24 hours notice via the patient portal. Appointments cancelled within 24 hours, or missed, may be charged a fee that can be found on our Pricing Page and ability to rebook will be restricted until repaid in full. We’re here for you, please reach out to support@kixcare.com if you have any concerns or need to discuss exceptional circumstances.

No Endorsements. Unless expressly stated, KixCare does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website or through any other part of our Services.

Linking

The Website or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by KixCare of any third-party website and its content. Unless specifically stated, KixCare does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:

a) regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;

b) regarding the merchantability or fitness for a particular purpose of any third-party websites or material, content, software, goods, or websites located at or made available through such third-party websites; or

c) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.

KixCare reserves the right to provide or remove any links on the Website at any time and do so without notice.

Disclaimer

The Website and Content are provided “as is” and “as available”. While KixCare endeavors to provide accurate, current, and timely information, KixCare makes no representation, warranties or covenants, express or implied, regarding the Website or Content including, without limitation, no representation, warranty or covenant that:

a) the Website or Content contained in or made available through the Website will be of merchantable quality or fit for a particular purpose;

b) the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;

c) the operation of the Website or Content will be uninterrupted or error free;

d) defects or errors, whether human or computer errors, in the Website, Content or any other part of our Services will be corrected;

e) the Website or Content will be free from viruses or harmful components; and

f) that communications to or from the Website or Content will be secure or not intercepted.

Please see our Privacy Policy for more information regarding communication security and confidentiality. 

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

Limitation of Liability

In no event shall KixCare or its officers, directors, employees, contractors, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages relating to your use or misuse of any part of our Services, User Account, Website or Content or your inability to use our Services including the Website, Content or User Account.

You acknowledge and agree that KixCare is not connected with or responsible in any way for, the care you may receive from physicians and allied health professionals. KixCare disclaims any and all liability for the acts, omissions, and conduct of, and healthcare services provided by, all physicians and allied health professionals and conduct of any third parties on the Website, or any advertisers or sponsors of the Website or Content and any other part of our Services (collectively, “third-party”). Under no circumstances shall KixCare or officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from:

a) the acts, omissions, or conduct of any third-party, and

b) any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if KixCare knew of or ought to have known of the possibility of such damages.

Indemnity

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

a) your breach of any of the terms and conditions of this Agreement;

b) your access to, use, misuse, reliance upon, or inability to access or use the Website or any other part of our Services from time to time; or

c) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website or any other part of our Services.

Modification to the Website. KixCare reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website and any other part of our Services without notice to you. We may provide notice to you out of courtesy, but that does not obligate us to provide notice for any subsequent amendments to our Services including our Website. KixCare shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website or Content or any part thereof.

Termination. KixCare may, in its sole discretion, cancel or terminate your right to use the Website or User Account, or any parts of our Services at any time without notice. In the event of termination, you are no longer authorized to access the Website or User Account or the parts of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website set out in this Agreement shall survive termination of this Agreement. KixCare shall not be liable to you or to any third-party for such termination. Discontinuation of User Account. You may discontinue your User Account with us at any time, for any reason, by sending an email to support@kixcare.com. Please see our Privacy Policy in relation to retention of information.

Use Prohibited Where Contrary to Law. Use of the Website, Content and any part of our Services is unauthorized in any jurisdiction where the Website or any part of our Services may violate any laws or regulations. You agree not to access or use the Website or any part of our Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk. Governing Law. The Website and all parts of our Services are operated by KixCare from its offices in Montreal, Canada. You agree that all matters relating to your access or use of the Website, User Account, Content, Software, and any part of our Services shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website or any part of our Services as well as any dispute that may arise therefrom.

Severability. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect. Assignment. This Agreement is not assignable, transferable, or to be sublicensed by you except with the prior written consent of KixCare. KixCare may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Waiver. Any consent by KixCare, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

Entire Agreement. This is the entire Agreement between you and KixCare relating to your access and use of the Website and any part of our Services. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and KixCare relating to the subject matter of this Agreement.

Contact Us. Questions or comments regarding the Website or any part of our Services should be directed to KixCare’s administrator at info@kixcare.com.