Last updated on May 18, 2022
A. The PCH-Maple Application and Services. The PCH-Maple Application enables Users to access telehealth services provided by health professionals registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) among other Healthcare Services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the health professional are not in the same physical location. The PCH-Maple Application also enables Users to store certain of their personal and personal health information (collectively “PHI”), share their PHI with Authorized Providers, and electronically receive and store prescriptions, sick notes and other documents. In addition, Users may elect to receive services from Maple that include: securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice; securely faxing prescriptions to the User’s pharmacy of choice; notifying the User when his or her prescription is ready for pick-up; opening an account for Users with a prescription delivery service; and where available, securely transmitting User information to a prescription delivery service. We may make additional services available to Users from time to time.
B. Eligibility. In order to use the PCH-Maple Application, you must:
∙ be at least 16 years of age;
∙ be a temporary or permanent resident of a province or territory of Canada (“Residency Requirement”); and
∙ register for Healthcare Services through the App.
For clarity, nothing in these Terms requires the Application Providers to accept any registrant as a User, notwithstanding that the registrant meets our eligibility requirements as amended from time to time.
Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use the PCH-Maple Application on their behalf. Users are required to create a separate “profile” for each Registered Dependent in their PCH-Maple Application, which includes his or her name and other personal information. The terms “User”, “you” and “your” in these Terms include the User and the User’s Registered Dependents, if any.
C. User representations and warranties. You represent and warrant (promise) to each of the Application Providers, and acknowledge that we are relying on your representations and warranties, that:
∙ you and your Registered Dependents meet the Residency Requirement and will continue to do so at the point in time that you request and that Healthcare Services are provided;
∙ you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and
∙ you will use the PCH-Maple Application solely for your personal and non-commercial use.
D. Regulation and Limitations of Healthcare Services. Only regulated health professionals authorized to practice in a province or territory of Canada are permitted to provide most of the Healthcare Services. Authorized Providers may be physicians (“Authorized Physicians”) or other regulated providers such as psychotherapists or nurses (collectively, “Authorized Non-Physician Providers”). Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. In some cases, that information is also available on Maple’s website (https://www.getmaple.ca). If you would like more information about a particular Authorized Provider, please consult the applicable health profession regulator (generally referred to as a “College”, for example the “College of Physicians and Surgeons”). Most if not all health profession regulators in Canada maintain a register of their members accessible through their website. Note that Healthcare services are not a replacement for primary care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Also note that the Application Providers do not automatically provide your primary care provider with a report of the Healthcare Services that you receive. We strongly recommend that you at least notify your primary care provider that you received Healthcare Services and the reason for which you requested them, so that your primary care provider can take into account relevant information when treating you, including any medications prescribed for you. The PCH-Maple Application enables you to send a summary of your Healthcare Services to the healthcare provider of your choice to assist you in describing what any Authorized Provider found.
a. The PCH-Maple Application is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While the Application Providers facilitate access to Healthcare Services, we are not registered or otherwise permitted to provide healthcare and do not do so (as more particularly described below).
b. Authorized Providers are independent contractors who have chosen to use the Maple application to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of either of the Application Providers in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which neither of the Application Providers is a party.
c. You will not contact Authorized Providers in respect of Healthcare Services you receive through the PCH-Maple Application except through the PCH-Maple Application. For clarity, the Application Providers have no interest in any services that you receive from Authorized Providers outside of thePCH-Maple Application.
d. AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS, AND COMPLIANCE WITH PRIVACY LAWS.
e. As the rules regarding telehealth differ (or may differ from time to time), among the provinces and territories, the Healthcare Services that are available to you will depend on your province or territory of residence and where in Canada you are in at the time you request the Healthcare Services.
f. As with any other healthcare services, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require, and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
h. You are responsible for providing the Authorized Provider with the information that he or she advises is required to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services.
i. THE PCH-MAPLE APPLICATION CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
j. The following symptoms are NOT eligible to be treated through the Healthcare Services: chest pains; difficulty breathing; fever in children under the age of 3 months; blackouts or feeling like you may blackout; any impairment in level of consciousness; stroke like symptoms such as impaired sensation or paralysis to one side of your body; inability to speak or comprehend language; any abdominal pain severe enough that you are unable to comfortably walk.
k. Authorized Providers are NOT permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs, which may be harmful because of their potential for abuse.
l. ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING PRESCRIPTIONS (OR ANY NON-PRESCRIPTION MEDICATION RECOMMENDED TO YOU BY AN AUTHORIZED PROVIDER).
m. You will not report drug reactions, side effects or adverse events through the PCH-Maple Application. You will report any medication reactions, side effects or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.
n. You will seek emergency help or follow-up care when recommended by an Authorized Provider.
o. You will only request Healthcare Services for you or your Registered Dependents.
F. Technology-related Terms. As a term and condition of using the PCH-Maple Application, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
a. You are prohibited from and will not:
1. remove or alter any copyright, trademark, brand elements or other proprietary notices from the PCH-Maple Application;
ii. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the PCH-Maple Application except as expressly permitted by the Application Providers;
iii. decompile, reverse engineer or disassemble the PCH-Maple Application or link to, mirror or frame any portion of the PCH-Maple Application;
iv. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the PCH-Maple Application, or unduly burdening or hindering the operation and/or functionality of any aspect of the PCH-Maple Application;
v. attempt to gain unauthorized access to or impair any aspect of the PCH-Maple Application, or its related systems or networks;
vi. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
vii. use the PCH-Maple Application in a manner that violates any laws.
b. You will:
i. keep secure and not disclose to anyone your username and password for your PCH-Maple Application account; and
ii. refrain from using abusive language or inappropriate conduct when communicating with anyone through the PCH-Maple Application, including Authorized Providers.
c. Unless permitted by the Application Providers in writing, you may only have one Healthcare Services account.
d. You are responsible for all activity that occurs under your Healthcare Services account.
G. Business Terms. As a term and condition of using the PCH-Maple Application, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
a. Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for services that are not covered by the health plan of your province or territory of residence. All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.
b. You will pay all applicable fees as further described in Section O below and as amended from time to time. We encourage you to contact Shoppers Support, as indicated in Section P below (“Contact Us”), if you have questions about the fees for any particular Healthcare Services.
Maple and Shoppers collect information, including registration information that is part of their records and that they manage in accordance with their privacy policies. Those policies form part of these Terms which is why it is essential that you review both policies prior to agreeing to these Terms.
In addition to agreeing to the management of your PHI in accordance with the privacy policies of Maple and Shoppers, by using the PCH-Maple App, you agree to the following.
b. For the purpose described in paragraph (a) above, by using the PCH-Maple Application, you are directing the Application Providers to flow through to the App a copy of certain information about your Healthcare Services including, without limitation, the nature of the Healthcare Services, diagnosis, and prescriptions.
c. If you do not agree to the flow through of a copy of your PHI from the PCH-Maple Application to the App, you may not use the PCH-Maple Application.
d. With your express consent, the Application Providers may send marketing communications to you via email and/or SMS about products and services that may be of interest to you. You may withdraw your consent to receive marketing communications at any time by following the instructions in the communication, or in your account settings in the App. For clarity, marketing communications do not include service notifications and notices about Healthcare Services requested or received by you. Nothing in this subsection (d) prohibits the Application Providers from communicating with you regarding Healthcare Services you receive or request through the PCH-Maple Application.
I. Termination, Effect of Termination. On notice to you, the Application Providers may immediately, at any time and for any reason, terminate your access to the PCH-Maple Application, or cease providing the PCH-Maple Application or any portion of the PCH-Maple Application. We retain the right to select the means by which we provide you notice. These Terms will continue to apply so long as you continue to have access to the PCH-Maple Application. On termination of your PCH-Maple Application account, we will have no further obligation to provide you with access to the PCH-Maple Application, except to the extent that your PHI continues to be stored on and we have an obligation (on our own behalf or on behalf of Authorized Providers) to ensure you are able to access that PHI. You may close your PCH-Maple Application account at any time, for any reason, by logging in to your account. Our management of your PHI on the closure of your account is described in Maple’s and Shoppers’ privacy policies.
J. Ownership (Intellectual Property Rights). The PCH-Maple Application, all content and rights therein, except PHI, are and will remain the Application Providers’ property or the property of our licensors. Neither these Terms nor your use of the PCH-Maple Application convey or grant to you any rights to use or reference in any manner Shoppers’ and/or Maple’s and/or their licensors’ brand elements, company names, logos, product and service names, trademarks or services marks. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.
K. Content. None of the information or materials (collectively, “Content”) available through the PCH-Maple Application, with the exception of Healthcare Services, is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the PCH-Maple Application could include technical, typographical or photographic errors. We do not warrant that any of the materials provided are accurate or current.
L. Disclaimer. THE PCH-MAPLE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” SHOPPERS AND MAPLE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHOPPERS AND MAPLE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF THE PCH-MAPLE APPLICATION, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SHOPPERS AND MAPLE DO NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE PCH-MAPLE APPLICATION, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES.
M. Limitation of the Application Providers’ Liability.
1. SHOPPERS AND MAPLE, (WHICH IN THIS SECTION N INCLUDES THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PCH-MAPLE APPLICATION AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE PCH-MAPLE APPLICATION AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER. NEITHER SHOPPERS NOR MAPLE ARE LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS THE PCH-MAPLE APPLICATION.
2. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL SHOPPERS OR MAPLE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PCH-MAPLE APPLICATION AND/OR HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.
N. Indemnity. You agree to indemnify and hold Shoppers and Maple (which in this Section includes their respective directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the PCH-Maple Application and Healthcare Services obtained through your use of the PCH-Maple Application; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Providers, other Users, and/or any person on whose behalf you request Healthcare Services. Through the PCH-Maple Application, you may use certain services that are not provided by the Application Providers and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by the Application Providers, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not the Application Providers.
O. Payment, Fees, Service Fees. You may be required to pay the fees for Healthcare Services (“Fees”) at the time you request them. Shoppers requires you to submit credit card information prior to the provision of any Healthcare Services for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through the PCH-Maple Application if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Shoppers, on behalf of Authorized Providers, may validate your credit card and put a hold on it in the amount of the Fees. Shoppers will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. Shoppers will provide you with a receipt for the Fees you pay. Maple charges Authorized Providers a service fee for using the PCH-Maple Application, which we deduct from the Fees paid for Healthcare Services, which Fees accrue to Authorized Providers. Shoppers facilitates payment of the Fees (less the services fees) to Authorized Providers. Payment of the Fees through the credit card validation and processing arrangement described above will be considered the same as payment made directly to the Authorized Provider.
P. General Provisions
a. Entire Agreement. These Terms, together with any and all references contained herein to other terms and policies, which are hereby expressly incorporated to the Terms, constitute the entire agreement and understanding of the Application Providers and you with respect to the subject matter of the Terms, and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
b. Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the PCH-Maple Application, you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Toronto, Ontario.
c. Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with our prior written consent. The Application Providers may assign, transfer, or delegate any of their rights and obligations hereunder without your consent.
e. Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
∙ Contact Us. If you have questions about the PCH-Maple Application or its use, you can: (i) contact Maple Support by sending an email to email@example.com; or contact Shoppers Support by sending an email to firstname.lastname@example.org.