- Healthcare Services. All of the Providers who deliver Services through Motis Health are independent professionals solely responsible for the services each provides to you. Motis Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Motis Health nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Provider via the Services. Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. Motis Health is not an insurance product nor a prescription fulfillment warehouse. Motis Health therapists and health care practitioners reserve the right to not accept you for the purposes of providing any services to you and to deny care for actual or potential misuse of these Services. The Services do not include the provision of medical care by Motis Health. Rather, the Services enable access to Providers who have agreed to provide patient care to Customers using Motis Health’s Services. Motis Health arranges for the provision of care; it does not provide medical care.
- Site Content. None of the Site content (other than information you receive from Providers) should be considered medical or health care advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
- Informed Consent.
- Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical assessment or make recommendations through these technologies.
- The telehealth Services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
- In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Provider;
- Delays in evaluation or recommendations could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
- In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
- Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal and personal health information
- You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
- Motis Health’s services may not qualify for health insurance coverage and you are fully responsible for payment.
- Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
- With respect to Dietician & Nutritional services, you are entitled to receive information from your Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.
- If you and your Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants. You understand that anything any Group Therapy participant tells the Provider individually, unless otherwise agreed to in writing, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Provider for the therapy process, including goal setting and termination.
- You can send electronic messages to your Provider through the Site or you may contact Motis Health Customer Support at email@example.com or by the phone number listed on the Site. Emails or electronic messages to Customer Support or your Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 911 or go to the nearest hospital emergency room.
- User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Motis Health (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. Additionally, it is your responsibility to update Account Information as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. Your Account is created for you to enter, store and access your personal health information (PHI) online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her encounters with you in accordance with his or her obligations under applicable provincial/state and federal law with regard to creating and maintaining your record. Any information provided as part of a video, telephone and/or secure e-mail consultation becomes part of your Account. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Motis Health reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. You may not use anyone else’s account at any time.
- Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
- Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Motis Health or other entities. You are not authorized to use any such Marks without the express written permission of Motis Health. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
- Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org. Motis Health may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Motis Health reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Motis Health will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTUS HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. You acknowledge and agree that Motis Health does not provide medical or health advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Providers, including other Providers in the Motis Health network. You acknowledges and agree that the Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate.
- LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOTUS HEALTH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. In no event and under no circumstances shall Motis Health be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. Nothwithstanding anything otherwise contained herein, the limit of any liability by Motis Health shall be agreed to as the amount paid by you to Motis Health.
- Indemnification. You agree to indemnify, defend and hold harmless Motis Health, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider.
- Geographical Restrictions. Motis Health makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside Canada or all provinces and/or territories within Canada.
- Disclosures. All Providers on the Site hold professional licenses issued by the professional licensing boards in the provinces/states where they practice. You can report a complaint relating to services provided by a Provider by contacting the professional licensing board in the province/state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. Any clinical records created as a result of your use of the Site will be securely maintained by Motis Health on behalf of your Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under province/state and federal law, and which is typically at least six years or six years from the age of 18 years.
- Service Reliability and Warranties. Motis Health makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by Motis Health employees. Motis Health is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Motis Health will take all necessary precautions to protect against failure of our equipment and software. You acknowledge and agree that temporary interruptions in service may occur, and that Motis Health shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. You acknowledge and agree that data may be lost or corrupted in connection with use of the Services. Motis Health may perform regular back-ups of all data stored, but shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
- Force Majeure. Notwithstanding anything herein to the contrary, Motis Health shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
- Information Resources (Opt-In). By subscribing to Motis Health’s services you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health related topics or preventive care messages containing specific health related information, links to other related Web sites and specific questions related to your Motis Health Account. Additionally, Motis Health may make available self-care informational services that provide general health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Motis Health. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by Motis Health. Motis Health makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting email@example.com or by choosing the unsubscribe link/option included in every communication.
- Spam and Compliance with Anti-Spamming Laws. Motis Health has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any your employees, agents or affiliates to: market, promote or solicit Motis Health products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States or Canada. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. and Canadian export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agree to indemnify and hold Motis Health and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Motis Health and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against Motis Health or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.
Motis Health Inc.
207 Hurontario Street, Unit 4
Collingwood, Ontario, Canada L9Y 2M1
Latest revision: November 15, 2018