TERMS AND CONDITIONS

ABOUT THE TERMS

HomeCall Physio and its successors, licensors, beneficiaries, assigns, and/or affiliates are collectively referred to herein as “HomeCall Physio,” “our website,” “we,” “us,” “our,” and other similar terms. HomeCall Physio encompasses the following: (i) our website located at http://www.homecallphysio.com (the “Website”) and all subdomains; (ii) any other web application versions of the App (the “Web App”); (iii) any other web or mobile applications that we have currently or at any point in the future; (iv) any additional software, services, or features provided by HomeCall Physio for use with the App or otherwise; and (v) our administrative and support services related to your use of the App, Website, Web App or any other software, web or mobile application offered.

Acceptance of Terms

By using our website and/or downloading and/or using any of its Apps or software, you indicate your acceptance of the Terms and Conditions. If you do not agree to these Terms, you must stop using our website.

Interpretation of the Terms

All Terms are to be interpreted pursuant to the sole discretion of HomeCall Physio. If you have any questions about the interpretation of these Terms, please email us at [email protected]

Amendment of the Terms

HomeCall Physio reserves the right to amend any of these Terms at any time, in its sole discretion, with or without notice. The Terms will always include the “last updated” date at the bottom of the document. It is recommended that you review the Terms from time to time as well as any other terms or policies incorporated into them. Changes to the Terms will take immediate effect upon being incorporated on the Website of the App. If, at any point, you do not agree with the amendments to the Terms, you must stop using our website with no further obligation to us.

Requirements to use HomeCall Physio

You must meet the following minimum requirements to be an active user of our website:

You must have a valid mobile phone number with SMS messaging;

You must have a valid email address for which you can confirm your ownership;

You must have access to the internet through either a Wi-Fi connection or a date plan.

You must acknowledge that your wireless provider may levy additional charges for data or SMS usage. HomeCall Physio is in no way responsible for such charges

Minimum Age and Eligibility

You eligible to use our website if:

You are at least 18 years of age;

You are in an area where we offer services.

Privacy Policy

HomeCall Physio agrees to respect and observe the provisions set forth in the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Personal Health Information Privacy Act (“PHIPA”). We consider your personal information to be very important and should be protected. HomeCall Physio will not disclose or share you personal information to unauthorized third parties except allowed by Canadian law.

HomeCall Physio collects information that personally identifies the user such as the user’s name, address, mobile telephone number, e’mail addresses, medical history and other information that the user provides to HomeCall Physio. Personal information may be collected in a number of ways, including: in person, over the phone, by mail, over the internet, and from third parties who you have authorized to disclose the personal information to us. We make every reasonable effort keep your personal information as accurate, complete and up-to-date as necessary. If you would like to know what information is held in our records or wish to have any of the information updated and modified, please contact us at [email protected].

Some of your Personal and personal health information may be disclosed to your Physician(s) if you give us permission to do so, as well as HomeCall Physio providers, and HomeCall Physio administrative and technology staff. Access to private, sensitive and confidential information, including your Personal and Personal Health Information, is restricted to authorized employees with legitimate reasons. All HomeCall Physio employees are required to abide by HomeCall Physio’s privacy standard and agree to a confidentiality agreement that prohibits the disclosure of any Personal and Personal Health Information to unauthorized perties.

HomeCall Physio will not rent or sell the Personal Information or Personal Health Information it collects. HomeCall Physio will never disclose Personal or Personal Health Information to third parties otherwise permitted by law. If HomeCall Physio conducts market or product research, we will use nonpersonally idetifiable information such as gender, age, city of residence, and will not use Personal or Personal Health Information.

Disclosure of Personal and Personal Health Information

The type of information we are legally required to disclose may relate to criminal investigation or government tax reporting requirements. In some instances, such as legal proceeding or court order, we may also be required to disclose you Personal Information to the authorities. Only the information specifically requested is disclosed and we take precautions to satisfy ourselves and the College of Physiotherapists of Ontario that the authorities that are making the disclosure request have the legitimate grounds to do so. If required to do so, we will make every effort to notify the relevant parties about the proceedings.

Cookies

Our website may use “cookies” to enhance the user experience. Web cookies are very small text files that are stored on the user’s computer from a webpage to keep track of information about the user’s browsing on that site.The use of cookies allows us to capture standard web traffic information, such as the time and date the user visited our website, their IP address, and their browser information. In no circumstances do the cookies capture information that can personally identify the user. The user may choose to set their web browser to refuse cookies, or to alert the user when cookies are being sent. If the user sets their web browser to disable cookies, some part of the website may not be accessible to use.

Consent to Electronic Communication

By providing us your email address, you agree that HomeCall Physio may, from time to time, communicate with you electronically regarding security, privacy and administrative issues relating to your use of our website. We will also use your email address to send appointment confirmation and reminders associated with your appointment. These are to be considered administrative messages essential to the provision of the HomeCall Physio Services.

HomeCall Physio may also send you a text message on the phone number you have provided to confirm or remind you about your appointment. By using the Service, you agree to receive Messages andNotifications regarding your use of the Service.

We may also contact you by calling the telephone number in your Profile. For emails and/or messages that are not administrative in nature, but include other messaging or information about HomeCall Physio and its related services, promotions and third party messages, you must opt-in to receive them. Your opt-in will be considered your expressed consent. If you do opt-in for these communications, you may opt-out at any time. If you wish to remove yourself from any email list, please email us with “UNSUBSCRIBED” in the subject line.

Booking an appointment

HomeCall Physio allows you to book an appointment in your area both for an in-home and virtual consultation.

Location of the Appointment

The Appointment location can be your home, office, or another suitable location. You acknowledge that the level of privacy you can expect during an Appointment is directly related to the location at which you request the Appointment to take place. As the provider has little to no control over the location of the Appointment, you acknowledge that it is your responsibility to maintain a level of privacy with which you are comfortable and a level of safety to which the provider will deem acceptable.

Recurring bookings through HomeCall Physio

Patients registered with HomeCall Physio agree to continue to book all subsequent appointments with a HomeCall Physio provider via email or phone, as deemed appropriate and medically necessary. All payments for recurring bookings shall be made via cash or interac.

Availability of HomeCall Physio

HomeCall Physio is currently available in the West Greater Toronto Area (GTA). We also provide our services in the other parts of GTA with extra travel fee. Our HomeCall Physio providers each choose their won service area and therefore, the services available in each area of the GTA will differ and grow as we add more providers. Please email us at [email protected] if you are interested in the Services in your area.

Fees and Payment

Every HomeCall Physio provider has the same standard consultation fee, that varies according tot he type of service provided. Please refer to FAQ for pricing details. Due to the nature of health care, the provider may not know what additional services a patient requires until the appointment is underway. If services and fees are to be added to the consultation fee, the provider will inform you during the appointment. Your verbal acceptance of these services and fees will be considered your approval of the additional charges. You will be charged the consultation fee plus any additional services that are discussed with your provider. Charges paid by you are final and non-refundable.A receipt will be provided to you so that you can be reimbursed by your insurance provider, if you have one. Each insurance provider and plan has its own unique coverage. HomeCall Physio makes no guarantee regarding these reimbursements. The pricing details located at the FAQ may be changed at any time, at the sole discretion of HomeCall Physio.

Google Maps

HomeCall Physio uses maps, geocoding, geo-fencing, places, traffic information, and other relevant content from Google, Inc (“Google”). This allows us to determine if travel fees apply. Therefore, you must also agree to Google’s most current Terms of Service for Google Maps/Google Earth located at https://www.google.com/intl/en_ca/help/terms_maps.html. The Google Terms of Service are incorporated into these Terms and Conditions by reference. By using HomeCall Physio, therefore, you are explicitly agreeing to also be bound by the Google Terms of Service.

Provider Appointment Cancellations

There are certain circumstances beyond the control of our providers that would cause them to cancel your booking. HomeCall Physio does not in any way guarantee, represent or warrant that any provider will be able to provide you with an Appointment. You acknowledge that your Appointment may be cancelled any time before the Appointment occurs. In the event that a provider is more than 30 minutes late for an Appointment, you have the opportunity to continue with the appointment or reschedule the appointment. If the appointment is rescheduled, you will not be charged for that session.

Patient Cancellation Policy

You may cancel an Appointment anytime without penalty, 24 hours before the appointment time. Any payments will be refunded via interac if the appointment is paid in advance. Appointment cancelled with less than 24 hours prior to the scheduled session will be charged in full consultation amount, indicated at the time of the booking.

Modification

HomeCall Physio reserves the right to make any modification of any part of our website at any time without notice and in its sole discretion.

LICENSE GRANT AND RESERVATION OF RIGHTS

Use of Site and Service

HomeCall Physio grants you a limited, non-exclusive, personal and non-transferrable license and right to use HomeCall Physio. You may not lease, resell or provide it in any other way to anyone else. HomeCall Physio is for your personal and noncommercial use only, unless specified otherwise in writing.

License Grant forLinking

HomeCall Physio grants you a limited and noncommercial, and non-exclusive right to create a hyperlink to our website. This limited license is valid insofar as the link does not portray HomeCall Physio in any negative, slanderous, derogatory, defamatory, false or misleading manner and provided that the linking site does not include any material that is adult in nature, illegal, harassing, hateful, offensive or otherwise objectionable. You may not use HomeCall Physio’s proprietary graphics, logo, or other identifying mark without the express written permission of HomeCall Physio.

Restrictions on Use

HomeCall Physio’s rightst in all its Proprietary Materials are expressly reserved. The Proprietary Materials include all protectable Intellectual Property (IP) comprising HomeCall Physio and available throughit. This include, but is not limited to, the software code, data, metadata, design, structure, user-flow, written copy, content, imagery, and look and feel.

You agree not to modify, rearrange, or reverse engineer the Proprietary Materials or create any adapted or derivative work therefrom. You are not to scrape or display our content for any purpose and you agree to not post any content from HomeCall Physio to any other websites, blogs,etc without HomeCall Physio’s express written consent. You agree not to see, publish, copy, distribute, reproduce or provide access in any other manner to HomeCall Physio’s Proprietary Materials without express written consent from HomeCall Physio.

Trademarks

The HomeCall Physio logo and all other slogans, logos, product and service names, related or otherwise, displayed on our website are common law and/or registered trademarks of HomeCall Physio. As such, they may not be used, copied, or imitated without the prior written consent of HomeCall Physio.

Infringement of IP Rights

Any infringement of HomeCall Physio’s IP may subject you to civil and/or criminal proceedings and penalties.

DISCLAIMER AND LIMITATION OF LIABILITY

Warranty Disclaimer

You acknowledge that your use of HomeCall Physio is at your won risk. HomeCall Phsyio does not provide warranties of any kind, whether express or implied. All services are provided on an “as-available” and “as-is” basis. HomeCall Physio assumes no responsibility or liability to you (or any Minor for which you are the legal guardian) for any errors or inaccuracies in our website or services provided by the provider. HomeCall Physio provides no warranty for the results of the use of HomeCall Physio or the provider services. HomeCall Physio disclaims all warranties and representation, whether express of implied, that include but are not limited to_those regarding fitness for a particular purpose, title, non-infringement and merchantability.

Medical-related Disclaimer

Any opinion, statement, advice or information provided to you by a provider are solely attributable to that individual and not to HomeCall Physio. Providers are solely responsible for complying with all relevant regulatory requirements for malpractice and liability insurance, licensing and professional conduct. You acknowledge that HomeCall Physio relies on representations and warranties from providers related to their meeting these regulatory requirements.

The medical information on this site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information does not create any patient-healthcare provider relationship, and should not be used as a substitute for a professional diagnosis and treatment.

Please consult your healthcare provider before making any healthcare decisions or for guidance about a specific medical condition.

Third Party Services

You acknowledge that parts of HomeCall Physio rely on third service providers in order to function.Due to this, and other circumstances both within and beyond our control, you acknowledge that there may be service interruptions or that your access may be suspended and terminated.

Limitations on Use

HomeCall Physio reserves the right to block, suspend, or terminate your use of any or all parts of our website without notice if, HomeCall Physio’s sole opinion, you misuse or abuse HomeCall Physio or any of its privileges, or if you make misrepresentations or fail to follow these Terms.

Throughout the use of our website, you will be prompted to fill in information in various sections (“User Generated Fields”). You are responsible for the use of the User Generated Fields and you expressly agree that while you are using them you will not transmit, distribute store, create, publish, post, upload any content that:

Is unlawful, libelous, defamatory, pornographic, indecent, lewd, obscene, harassing, threatening, abusive, fraudulent, invasive of privacy rights or is otherwise objectionable;

Is private information of any third party;

Contains viruses, corrupted data or other destructive of harmful files;

Includes unsolicited promotions, campaigning, advertising, or soliciting;

Is used to test the vulnerability of the App, Website or Platform, including networks and servers; and

May infringe any patent, trademark, copyright, or IP of any third party.

HomeCall Physio may in no way be used:

To violate the right of others;

In a way that is not intended;

To reverse engineer or disassemble the App, or in any other way that could harm HomeCall Physio or anyone’s use of it;In Any way that is unlawful or against regulation, governmental order or decree;

In a way that will cause nuisance, disruption or annoyance to any provider;

By using wireless access points or data accounts which you are not authorized to use;

If using unauthorized operating systems on your device or devices;

To stalk or otherwise harass any person or entity;

To attempt to test the vulnerability of any HomeCall Physio network server or component of our website.

Limitation of Liability

In no event will HomeCall Physio’s totally liablity to you or any Minor (for whom you are the legal guardian), for any and all causes of action, damages and losses exceed the amount paid by you to HomeCall Physio in the last 6 months. You waive and covenant not to assert any claims or allegations of any nature whatsoever against HomeCall Physio, or their respective directors, officers, agents, contractors, partners, advisors and employees arising out of or in any way relating you use of the Site. You understand and agree that HomeCall Physio will not be liable in any manner for damages of any kind, including but not limited to indirect, incidental, consequential, special, or punitive damages arising out of the following:

Any form of electronic correspondence that is delayed, lost, misdirected, damaged, or otherwise;

Any failure of performance, interruption, error, defect, omission or delay in operation or transmission, whether due to a computer virus, a line system failure or any other reason;

Any trojan horses, viruses, bugs, or the like that may be transmitted through HomeCall Physio by a third party;

Any printing, typographical or human error in or involving any online or real printed materials associated with HomeCall Physio;

Any ambiguities in or involving any online or real printed materials associated with HomeCall Physio;

Your use of, or inability to use HomeCall Physio;

Your access or lack of access to HomeCall Physio;

Any unauthorized access to or use of our secure servers and/or information stored therein;

Property damage or personal injury of any nature resulting from your use of HomeCall Physio, or provider’s services or the Appointment;

Any statement, conduct or services of any third party (including providers);

Any malpractice or substandard treatment the provider may give to you or any Minor for who you are the legal guardian;

Your conduct during the visit (or the conduct of any Minor for who you are the legal guardian, or anyone else present);

Your use of any information or advice provided by a provider during an Appointment;

Any and all losses, damages, rights, cost of procurement of good, claims and actions of any kind in connection with or resulting from registering on, enrolling in, or using HomeCall Physio.

If any part of this limitation of Liability is found to be invalid, HomeCall Physio’s liability will be limited to the extent permitted by law.

Indemnification

You agree to indemnify and hold HomeCall Physio and each of HomeCall Physio’s directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: you violation of, or an allegation that you violated these terms; your access to HomeCall Physio; your use of, or inability to use HomeCall Physio; your violation of any third party right; and, a claim that HomeCall Physio caused damage to you or any third party.

Governing Law

You explicitly agree to these Terms and all disputes, claims or other matters arising from your use of HomeCall Physio will be governed by the laws of Province of Ontario and the federal laws of Canada applicable therein.

Electronic Agreement

Your act of using HomeCall Physio and our website constitute electronic signature to these Terms.

Assignment

HomeCall Physio may assign any or all of its rights hereunder to any party without your consent. You may not assign or transfer any or all of its rights hereunder to any party without prior written consent of HomeCall Physio.

Enurement

These Terms will blind and enure to the benefit of you and HomeCall Physio and HomeCall Physio’s successors and assigns.

Entire Agreement

These Terms, including the Privacy Policy and, the other terms incorporated herein represent the entire Agreement between you and HomeCall Physio. It overrules any previous communication, understanding, or the like.

Amendment

No amendment, waiver or modification of these Terms shall be valid unless in writing and signed by all Parties.

Severability

If any of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms, but the legality, validity, and enforceability of the remainder of these Terms shall not be affected.

Questions and Comments

If you have any questions regarding use of HomeCall Physio or these Terms and Conditions, please contact us at [email protected].

Effective and updated 18 Mar 2022