Terms of Use

Effective Date: April 3, 2023

This Terms of Use agreement (the “Agreement”) is a legal agreement that governs the access and use of services through the online web-based and mobile-based platform which includes the software, hardware, applications, platforms, content and services owned and/or operated by KixCare (the “Platform”)), to facilitate connection with a healthcare or allied healthcare provider, related administrative functions, including but not limited to virtual visit, telephone, secured messaging 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 Platform may use the Services to find a physician, nurse practitioner, registered nurse, allied health provider or other regulated health professionals (“Authorized Health Practitioners”). 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 and create an account (the “User Account”), Users must provide their personal information (e.g. name, email, phone number, province), and agree to the Privacy Policy and this Terms of Use. KixCare contracts with third-party service providers to provide the electronic medical record and virtual care platforms.This Agreement governs your access and your use of the User Account and Platform, and all materials displayed or made available through the User Account and Platform, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (the “Content”) on the Platform.

By accessing and using our Services, you are indicating that you accept to be bound by these terms and conditions. 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.

a) Services and Nature of the Relationship

The Services provided by KixCare, as defined above, are intended to facilitate connecting Users to Authorized Health Practitioners, and providing administrative and other support to such Users. The Platform allows you to book appointments or register for a membership to access Authorized Health Practitioners. KixCare also provides appointment management, billing, and related administrative support. All Authorized Health Practitioners providing healthcare services to Users are independent, regulated health professionals registered to practice medicine in the province or territory in which you reside. However, the Authorized Health Practitioners may be located in a different province while delivering services to you or your child. Nursing and allied health professionals are independent, regulated health professionals.

No Healthcare Provider Relationship.

The presentation of information on the Platform and your use of KixCare’s Services does not establish a healthcare provider relationship between you and KixCare and is not intended as a solicitation of individuals to become KixCare’s patients or clients. The relationship between Users and Authorized Health Practitioners is a provider-patient relationship. KixCare is not a party to that relationship. Authorized Healthcare Practitioners are solely responsible for the healthcare services they provide to you once you are connected to the Authorized Healthcare Practitioners through our Services.

Limits on Healthcare Services

Authorized Health Practitioners 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 an Authorized Health Practitioner 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. Authorized Health Practitioners have full discretion to discontinue or refuse the provision of healthcare services to a User at any time. Authorized Health Practitioners are solely responsible for the healthcare services provided to you, which includes compliance with professional standards of care, professional obligations, and record-keeping.

Limitations of Telehealth

KixCare is not a replacement for your primary care provider. If you receive services through KixCare, we recommend that you at least notify your primary care provider about the telehealth service that your child received, including any medications prescribed for you or your child. You may provide your primary care provider with a copy of your KixCare records, but KixCare does not send this information to your primary care provider either automatically or on your behalf. Because physical examinations are not possible using KixCare, Authorized Health Practitioners may suggest that you receive care in person where they do not feel that telehealth services are appropriate. You should always seek advice from a clinician in person if you are unsure about whether you have been able to explain or communicate your/your child’s medical needs through the KixCare platform in an appropriate manner, or if you have any concerns about the advice you receive from an Authorized Health Practitioner. Furthermore, KixCare Authorized Health Practitioners may not have access to your up-to-date medical records, which may result in an inaccurate assessment and/or treatment plan.

Medical Emergencies

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

b) Your Responsibilities

KixCare is committed to providing quality health care services responsive to you/your child(ren)’s needs. You play an essential role in collaboration with the KixTeam, and we encourage you to become familiar with your Rights and Responsibilities.

Providing accurate and complete information:

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

No abuse: You agree that you will not engage in inappropriate conduct and will refrain from abusive language or communication when engaging with anyone through the Services, which includes Authorized Health Practitioners.

Appointment Cancellation: KixCare is passionate about increasing access to care for all Canadian kids. As a courtesy to other kids waiting for appointments, when you need to cancel your visit for any reason, please do so with at least 48 hours’ notice by sending an email to support@kixcare.com. Appointments cancelled within less than 48 hours, or missed, may be charged a fee and ability to rebook will be restricted until repaid in full.

c) User Accounts

To use certain features of the Platform, 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. 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 are only allowed to request healthcare services for yourself or dependents.

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.

d) Fees and Payment Options

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 the associated booking pages for each service. Details about applicable fees for certain Services are outlined for Uninsured Fee Services and Annual Uninsured Fee Services.All fees for Services are in Canadian dollars and inclusive of all applicable taxes.

1) Insured Services.

If your Service is covered under a provincial or private insurance plan, you will be required to provide the insurance number. 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.

2) 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 will collect credit card information for authorization before your visit, but will only charge the credit card once contact with the Authorized Health Professional has been initiated or following provision of the Service. After you receive an uninsured Service and pay with a credit card for the first time, that information is saved and 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

a. Pay-Per-Service

You may pay the fees for uninsured services at the time you request Services.

b. Memberships

KixCare offers you two types of memberships: annual and monthly memberships. Annual memberships are charged monthly subject to a minimum one-year commitment (12 monthly payments processed). Monthly memberships are billed each month, and are subject to an initial three-month initiation period (the “Initiation Period”).Your membership fee is processed to your credit card before the first time you obtain Uninsured Services under your membership. For the duration of your membership, you will not be charged additional fees for any Uninsured Services covered by your membership. Some Services are not covered under either the annual or monthly membership. These Services must be accessed using the pay-per-service option. You can find a list of Services covered by your membership at the following link:Annual Uninsured Fee Services.Monthly memberships will automatically renew each month at the end of the Initiation Period until the membership is cancelled by you. Annual memberships will automatically renew each year at the end of the one-year term for another one-year period, until the membership is cancelled by you. In the event of an increase in the membership fee, we will notify you in advance, and ask whether you want to continue your membership. Your membership fee is non-refundable, except where KixCare terminates your access to the Platform, in which case KixCare will give you a pro-rata refund for the remainder of your membership period.

3) Membership Cancellation

You may cancel your membership by notifying support@kixcare.com and completing the cancellation request form.Annual memberships can be cancelled at any time, however you will continue to be charged monthly until the end of your one-year commitment. Annual memberships must be cancelled at least 5 days prior to the next billing cycle in order to avoid further charges.Monthly memberships can be cancelled at any time after the Initiation Period. Following the Initiation Period, monthly memberships must be cancelled at least 5 days prior to the next billing cycle in order to avoid further charges. Unused portions of any month will not be refunded.

4) Referral Program

KixCare may offer some Users the opportunity to earn rewards by referring friends or family to certain KixCare services(“KixCare Referral Program” or “Program”) . Your participation in the KixCare Referral Program can earn you credits to use in conjunction with certain KixCare Services or other related rewards. We reserve the right to terminate the Program at any time for any reason without prior notice. KixCare may outsource certain elements of administration and/or technology to third parties .

e) Use of the Technology

Limited Licence. Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Platform, Content, User Account and any part of our Services for your personal, non-commercial use. Access to the Platform, User Account and Services for any other purpose is prohibited. All software embedded in or located on the Platform, 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 Platform, 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, with reasonable notice of such conditions. Except to the extent expressly permitted in these Terms of Use, you may not: a) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; b) sell, rent, lease, license, 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 Platform shall be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Platform or made available for download from the Platform, including, but not limited to, any intellectual property rights in the Software. All Software embedded or integrated into our Services including the Platform 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; c) the operation of the Platform or Content will be uninterrupted or error free; d) defects or errors, whether human or computer errors, in the Platform, Content or any other part of our Services will be corrected; or e) shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data. You acknowledge and agree that your access and use of the Platform or Content is solely at your own risk and liability Modification to the Platform. KixCare reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Platform 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 Platform. KixCare shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Platform or Content or any part thereof.

f) Privacy and Security of Your Information

Privacy and Personal Health Information. The collection, use, disclosure, retention, destruction, and disposal of information is governed by our Privacy Policy. The Privacy Policy forms part of this Agreement. By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy. We encourage you to read the Privacy Policy before accepting these Terms of Use. The laws that protect the privacy and security of personal health information apply to the provision of Services.

Usernames and Passwords. You are responsible for maintaining the confidentiality of the password you use in association with your User Account and Platform. 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.

g) Limitation of Liability and Indemnity

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, Platform or Content or your inability to use our Services including the Platform, 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 Authorized Health Practitioners professionals and conduct of any third parties on the Platform, or any advertisers or sponsors of the Platform 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, andb) any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any Platform linked to or from the Platform 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 Platform or any other part of our Services from time to time; orc) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Platform or any other part of our Services.

h) Content and Other Information Provided by KixCare

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 Platform, User Account or Content, whether in whole or in part, is prohibited without KixCare’s express prior written consent.

Posted Information. All information made available on the Platform or through any other part of our Services is provided for general, illustrative or informational purposes only and does not constitute medical or healthcare 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 Platform or through any other part of our Services.

Children. Neither the Platform 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 Platform or Services at any time or for any reason if you are under the age of 14 years. By using the Platform or Services, you affirm that you are 14 years old or older.

Family Accounts. Only Users who are 14 years of age or older are permitted to create User Accounts. You create a single User Account for your entire family. If you have more than one child, you will use a single account to log into the platform. If a child under the age of 14 logs into the User Account themselves, they must have the consent of the adult who set up the User Account, or the adult is with the child at the time the services are provided.

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 Platform or through any other part of our Services.

Links

The Platform or Content may contain links to third-party Platforms. These links are provided for convenience only and not as an endorsement by KixCare of any third-party Platform and its content. Unless specifically stated, KixCare does not operate any third-party Platform and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party Platform 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 Platforms;b) regarding the merchantability or fitness for a particular purpose of any third-party Platforms or material, content, software, goods, or Platforms located at or made available through such third-party Platforms; orc) that the operation of such third-party Platforms will be uninterrupted or error free, that defects or errors in such third-party Platforms be corrected, or that such third-party Platforms will be free from viruses or other harmful components.KixCare reserves the right to provide or remove any links on the Platform at any time and do so without notice.

i) General Contractual Terms

Termination. KixCare may, in its sole discretion, cancel or terminate your right to use the Platform 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 Platform or User Account or the parts of the Platform affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Platform 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.

Use Prohibited Where Contrary to Law. Use of the Platform, Content and any part of our Services is unauthorized in any jurisdiction where the Platform or any part of our Services may violate any laws or regulations. You agree not to access or use the Platform 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. You agree that all matters relating to your access or use of the Platform, 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 Platform 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 Platform 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 Platform or any part of our Services should be directed to KixCare’s administrator at info@kixcare.com.