Terms and conditions

Terms of Use

These Terms of Use were last updated on September 30, 2021.

The Avvy Health website and the Avvy Health online platform are owned by Avvy Health Software Inc., and are licensed to and operated by Avvy Health Health Inc. (Avvy Health Health Inc. and Avvy Health Software Inc., collectively referred to as “Avvy Health”).

General

Welcome to the Avvy Health website and/or online platform (collectively, the “Site”). Please carefully review the following Terms of Use concerning your use of the Site. By using the Site, you agree to these Terms of Use and you agree to the terms of the Avvy Health Privacy Policy (the “Privacy Policy”), a copy of which has been made available to you at Privacy Policy  and which you confirm you have read and understood. We reserve the right to change these Terms of Use from time to time at our sole discretion. Notice of changes to these Terms of Use will be posted on the Site, and will be effective thirty (30) days following notice of the changes on the Site. If you access or choose to continue to use the Site after the effective date of the change, you are deemed to have automatically accepted the change.  

These Terms of Use apply to all visits to the Site, both now and in the future. These Terms of Use, along with the Privacy Policy and the Avvy Health Consent, represent the entire understanding relating to the use of the Site, and prevail over any prior or contemporaneous, conflicting or additional, communications or agreements.

Along with these Terms of Use, our Privacy Policy explains how we collect, use, disclose, process, transfer and protect your personal information. You should make sure that you read and understand these Terms of Use and the Privacy Policy.

Use of the Site

The contents of the Site or a visit from an Avvy representative are not intended to replace or substitute the advice of your physician, pharmacist, psychologist, or any other qualified healthcare provider. You should speak with your physician or other healthcare providers for information regarding health-related questions. Absolutely no information contained in or accessible through the Site should be construed as taking the place of any advice received from your physician or other healthcare provider.

Avvy Health is not responsible for any reliance or decisions made by you based on the information available on or through the Site. Such content and information is general in nature, is not communicated to you personally, and is not intended to be advice or information to be relied upon by you and nor should it be.

DO NOT USE INFORMATION ON THE SITE TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE SITE.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 FOR AMBULANCE, POLICE, OR FIRE SERVICE IMMEDIATELY.

Consent

YOUR USE OF THE SITE SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY BOTH THE TERMS OF USE AND THE PRIVACY POLICY.  IF YOU DO NOT AGREE TO THE TERMS OF USE OR THE TERMS OF THE PRIVACY POLICY, DO NOT USE THE SITE OR PROVIDE ANY INFORMATION TO US.

When you click “I Agree” anywhere on the Site, you are providing your digital signature and confirming your agreement to the relevant consent, as well as to the Terms of Use and the Privacy Policy.

You may also be required to register in order to use portions of the Site, including to complete, save, and submit an online assessment. Your decision to consent and provide us with your information is voluntary and optional. However, if you choose not to provide us with your information, then you may not be able to access or use all functions on the Site.

You agree that you will not provide any false information about yourself or your family, or create an account for anyone else. If you create an account, you agree to keep the contact information up-to-date and to protect the confidentiality of your password and any other information that is linked to your account, including by restricting access to your password, your computer/phone, and your account. You accept responsibility for all activities from your account, including all purchases made through it.

In the event that the confidentiality of your account or password is compromised, you will notify us immediately. We reserve the right to take any and all action that we deem necessary or reasonable to ensure the security of the Site and your account. We may, in our sole and absolute discretion and at any time with or without notice, terminate your account for any reason, notably for a violation of these Terms of Use and/or the Privacy Policy. In no event will we be held liable to you for any costs, liabilities or damages resulting from, or arising out of, any action or inaction of or by us under these Terms of Use, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password.

Becoming a Avvy Health Client

Simple use of the Site does not create any form of ongoing health relationship. The Site is for information purposes only.

You do not have any relationship with Avvy Health or any healthcare professional, including a regulated healthcare professional, until, where you have a treating relationship with a Avvy Health regulated health profession, that professional acknowledges the relationship, and:

you become an Avvy Health client when you create your profile and select an appointment time and service, make a payment and receive a visit from a healthcare practitioner.

In certain circumstances, for example if you withdraw your consent for certain services or delete your account, you may or may not be eligible to receive any refund for payments already made. Such a refund determination will be made at our sole discretion.

Until you are a Avvy Health client, you have no professional relationship with Avvy Health or any of its healthcare professionals, and Avvy Health’s obligations extend only to maintaining the confidence of such Personal Information (as defined in the Privacy Policy) as you may have provided, subject to the terms set out in the Privacy Policy and otherwise in complying with all applicable laws.

Avvy Health is not an emergency or crisis response service. If you are feeling suicidal or in a crisis, please seek immediate help:

Call the emergency services at 911 for ambulance, police, or the fire service; or
Go to the nearest hospital emergency department.

Messages sent through the Avvy Health platform are not constantly monitored.

If your healthcare practitioner has reason to believe that you are in danger of physically harming yourself or others in ways that may be life-threatening, s/he will have to make a referral to a hospital and/or contact a family member, close other, or another person (such as a police officer) who may be able to help protect you.

Complaints

Avvy Health practitioners are registered in the province in which they work. Upon commencement of a visit from your Avvy Health practitioner, you will be provided with his/her license or registration number, governmental regulatory body’s name, address, telephone number, email address, and website for reporting alleged violations of law or rules that govern the practitioner’s work in the province in which your Avvy Health therapist is located.

No Medical Advice

The Site contains general information relating to health conditions and diagnostics (e.g., blood tests). The Site must not be construed as clinical advice or medical treatment. The information contained on the Site is provided for informational purposes only and is not meant to be a substitute for advice or medical care provided by a physician or other qualified healthcare provider. Persons requiring diagnosis or treatment beyond the selected service, or who have specific questions related to their condition or care, are urged to contact their healthcare provider.

The Internet is Not a Secure Medium

We have in place robust physical and technical security measures to protect information we collect online, including PIPEDA-compliant policies and a secure AWS server. We cannot guarantee the security of the Site or our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet. Please also see our Privacy Policy.

Links to Third Party Sites and Referrals to Third Parties

The Site may provide links to third-party websites or refer you to external resources for your convenience and information. We do not endorse any third-party websites or third-party services, nor does the inclusion of any link or referral to an external resource imply any such endorsement.

If you access those links or contact those external resources, you will leave the Site and you will be dealing with an external third party, not with Avvy Health. We are not responsible for webcasting or any other form of transmission received from any third party or third party website. We do not control those websites or external resources and we are not responsible for the content of any third-party websites, any links contained in third party websites, any changes or updates to third party websites, or their privacy practices, which may differ from those of Avvy Health, nor are we responsible for any information or advice given by any external resource. The personal information you may choose to give to such third parties is not covered by Avvy Health’s privacy policies. We encourage you to review the terms of use and privacy policy of any company before submitting your personal information to them.

Unlawful Behaviour

You agree and confirm that you will not use the Site to do anything that causes any harm or that is illegal or otherwise unlawful, including without limitation, communicating or transmitting any hateful, harassing, pornographic, obscene, profane, defamatory, libellous or threatening material, or material which constitutes or may encourage conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise violates any law or regulation. You will not receive a refund if you are found to engage in unlawful behaviour.

WE AND ALL OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE ASSUME NO RESPONSIBILITY OR LIABILITY ARISING FROM CLAIMS RELATED TO ILLEGAL OR UNLAWFUL ACTIVITIES BY USERS OF THE SITE.

Termination or Restriction of Access

You agree that you will not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading viruses, etc.

You agree that Avvy Health has the right to prevent, intercept, delete, remove, prohibit or otherwise restrict your access to, use of, or posting of content on the Site if we believe or determine in our sole and absolute discretion that you have not fully complied with, or may not fully comply with, any of the provisions of these Terms of Use or the Privacy Policy.

We may unilaterally terminate your account, at our sole discretion, if we believe that you have violated these Terms of Use or the Privacy Policy.

Minimum Age

You must be at least eighteen (18) years old to use the Site, and by using the Site, you represent and warrant that you are at least eighteen (18) years old. Any use of the Site, including any registration or attempted registration, by anyone under the age of eighteen (18) is unauthorized and is a violation of these Terms of Use.

Intellectual Property

Copyright in the Site and its content (including all text, graphics, layouts and images) is owned by Avvy Health, and all rights are reserved by Avvy Health in that copyright.

Registered and unregistered trademarks owned by Avvy Health are displayed on and are also accessible through the Site.

You must not use any of our copyright material or trademarks (collectively, the “IP”) except in the manner described below. You may:

use the IP for private, non-commercial purposes; and
print or otherwise save individual pages for private use.

However, the IP may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by, or displayed on, the Site.

You may not publish any hyperlink to the Site or use any materials, names or marks in any way to give the erroneous impression that an individual, entity or website is somehow affiliated with Avvy Health.

Disclaimer of Warranties

The Site, including any content made available on or through the Site, is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, express, implied or collateral, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant the accuracy or completeness of any content accessed through the Site. Information that is periodically updated may not be current at the moment you visit the Site and may contain errors.

We make no warranty that the Site will meet your requirements; that these services will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the Site is free of viruses or other harmful components.

Your use of the Site and its content is at your sole risk. You are responsible for verifying any content before relying on it. For greater certainty, you agree that all risk associated with the use of, or reliance on, any content of the Site rests with you. You further agree that Avvy Health will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content of the Site.

No Liability

In no event will Avvy Health be liable for any damages whatsoever, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages arising out of the use, inability to use, or the results of use of the Site, any websites linked to the Site, any external resources referred to or linked to on the Site, or the content of the Site, whether based on legal warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by law, in no event will Avvy Health, or any other party involved in creating, producing, or delivering the Site, be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon the content provided through the Site.

In no event will Avvy Health be liable for any failure to notify others of any potential of self-harm by you or others.

Indemnification

You agree to defend, indemnify and hold harmless Avvy Health, its affiliates and their respective officers, directors, employees, agents, representatives and service providers, including all third parties referenced or mentioned on the Site, from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of, or reliance upon the Site, your personal information that is accessible through the Site, or the content of the Site; or (c) your infringement of any intellectual property or privacy rights of any person.

No Waiver

Avvy Health’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not operate as a waiver of any of Avvy Health’s rights or privileges under these Terms of Use.

You agree that if any part of these Terms of Use is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect.

Revisions and Updates

Avvy Health may, at any time, revise these Terms of Use by updating this posting. All users of the Site are bound by these Terms of Use and should therefore periodically visit this page to review any changes to these requirements. Notice of changes to these Terms of Use will be posted on the Site, and will be effective thirty (30) days following notice of the changes on the Site. If you access or choose to continue to use the Site after the effective date of the change, you are deemed to have automatically accepted the change.

Governing Law

The Site and its contents are designed to comply with Canadian laws and regulations and those of the province in which you live or in which the service is provided. Although the information on the Site is accessible to users outside of Canada, it and its content are intended for access and use by Canadian residents only.

You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum for any dispute arising from your use of this Site.