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LEGAL DISCLAIMER

Last updated on October 25, 2021

Teladoc Health Canada, Inc., on its own behalf and its affiliates and/or wholly owned subsidiaries (collectively referred to as "Teladoc", "we", "us", or "our"), makes certain telehealth related information available to you and/or facilitates your access to telemedicine, chronic condition management, and expert medical services ("Teladoc Services").

This Disclaimer applies to visitors to www.teladochealth.ca (opens a new window) and its associated domains and mobile applications that are owned and operated by Teladoc and publicly available (collectively, the "Websites"). For the purposes of this Disclaimer, "you" and "your" means you as the visitor or user of the Websites.

By using the Websites, you expressly agree to the terms and conditions set out in this Disclaimer. If you do not agree to this Disclaimer, you should immediately cease all use of and access to the Websites.

TELADOC'S ROLE

Teladoc is not an insurance provider nor are we a prescription fulfillment warehouse. Teladoc's role is limited to making certain telehealth related information available to you and/or facilitate your access to Teladoc Services. Teladoc is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. Teladoc does not engage in the practice of medicine.

The Websites do not provide medical advice and do not create a healthcare provider/patient relationship between you and Teladoc or otherwise. Any services provided by or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or Your doctor for all medical emergencies. TELADOC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITES.

YOUR OBLIGATIONS

By using the Websites, you agree to comply with all laws applicable to your use of the Websites, you will not interfere with a third party's use and enjoyment of the Websites, and you will not interfere with or disrupt Teladoc's or its vendors' security measures. You agree not to:

  • Send or otherwise transmit to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

  • Restrict or inhibit any person from using the Websites;

  • Reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt to do any of the foregoing;

  • Gain unauthorized access to the Websites, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites;

  • Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

  • Alter or modify any part of the content or services offered on or through the Websites;

  • Purposefully misrepresent your identity or affiliation;

  • Collect any information from the Websites for any purpose other than individual personal use;

  • Attempt, assist or permit any persons in engaging in any of the activities described above.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT

Teladoc is the sole and exclusive owner of the Websites and their content, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and any related materials and documentation. No title or ownership of the Websites or any portion thereof is transferred to you hereunder. Teladoc reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites.

You may provide input, comments, questions or suggestions ("Submissions"). You acknowledge and agree that Teladoc may use any Submissions without any obligation to you and you hereby grant Teladoc a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Submissions as Teladoc may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Teladoc takes no responsibility and assumes no liability for Submissions, and you acknowledge and agree that you have all rights necessary to make the Submissions. You understand that Teladoc does not endorse Submissions of others and is not responsible for the content of such Submissions. Teladoc disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Submission.

EXTERNAL LINKS

The Websites may contain links to third-party websites. Linked sites are not under the control of Teladoc, and Teladoc is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Teladoc endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Teladoc disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

NO ENDORSEMENTS

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Teladoc. Any views expressed by third parties on the Websites are solely the views of such third party and Teladoc assumes no responsibility for the accuracy or veracity of any statement made by such third party.

NO WARRANTIES

Please note that some jurisdictions may not allow the exclusion of implied warranties, and therefore some of the below exclusions may not apply to you.

THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TELADOC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITION OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TELADOC DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TELADOC MAKES NO GUARANTEES AND DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, RELEVANCE, TIMELINESS, COMPLETENESS, OR APPROPRIATENESS OF ANY CONTENT POSTED ON THE WEBSITE FOR A PARTICULAR PURPOSE. TELADOC HEATH ASSUMES NO LIABILITY ARISING FROM OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITES. Teladoc is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Websites or phishing emails designed to appear to be sent from Teladoc.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Teladoc, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Disclaimer, (ii) your use, or misuse, of the Websites or Teladoc Services, and/or (iii) your posting of Submissions.

TELADOC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of this Disclaimer. You agree that the limitations of liabilities are fair and reasonable in the circumstances.

PERSONAL INFORMATION AND PRIVACY POLICY

Teladoc may collect, use and disclose personal information about you through your use of the Website. Please review the Web and Mobile Privacy Policy (opens a new window) to find out how we collect, use and disclose your personal information that is collected.

MODIFICATIONS TO THIS DISCLAIMER

Teladoc may, at any time and from time to time, amend this Disclaimer. Any changes will be effective immediately upon posting. You agree to review the Disclaimer periodically and your use of the Teladoc Services following any such change constitutes your agreement to follow and be bound by this Disclaimer as amended.

CHOICE OF LAW AND JURISDICTION

This Disclaimer shall be governed by the laws of the Province in which you reside will apply. If you reside in Quebec, any dispute between Teladoc and You related to this Agreement shall be resolved exclusively by the courts of the Province of Quebec. If you reside in any other Canadian jurisdiction, any dispute between Teladoc and You related to this Agreement shall be resolved exclusively by the courts of the Province of Ontario located in the City of Toronto.

GENERAL TERMS

You will not use any of the Websites, in a manner inconsistent with (i) this Disclaimer, or (ii) any applicable laws and regulations.

If You have not signed a separate written agreement with Teladoc related to the Teladoc Services, this Disclaimer is the entire agreement between you and Teladoc related to the use of the Websites and Teladoc Services, replacing any prior agreements.

If any provision of this Disclaimer is determined to be invalid, illegal or unenforceable, the remaining provisions of the Disclaimer remain in full force. Nothing in this Disclaimer creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

This Disclaimer is personal to you, and is not assignable, transferable, or sublicensable by you except with Teladoc's prior written consent. Teladoc may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.