Terms of Service

Terms of Service

Updated December 4, 2024

 

DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOUR CONDITION REQUIRES IMMEDIATE MEDICAL ATTENTION, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE.

 

These Terms of Service (“Terms“) govern your access and use of Coral Health Inc. applications for web and mobile devices (the “App”), the Coral Health Inc. website (the “Website”, with the App our “Platform”), and the content, information, products, and services performed or provided by or through them (collectively the “Services”). The Services are made available by Coral Health Inc. (“Company”, as follows “we” or “us”) to registered members (“you”) under these Terms of Service and in accordance with the Privacy Privacy available by clicking here (together, the “Agreement”).

 

You may use our Platform and Services only on the condition that you agree to abide by the terms of the Agreement. By accessing the Platform, or by clicking “I Agree” or similar electronic acceptance, you agree to be bound by the Agreement. If you do not agree to the terms of the Agreement, do not access or use our Services.

 

Before using our Platform or Services, you will be presented with a Consent Form, which you are asked to read and acknowledge. The Consent Form notably describes the risks and limitations of virtual care and outlines other important information in order to obtain your informed consent. 

 

We reserve the right to change any information, material or content contained or provided through the Platform (the “Content”) or in this Agreement at any time, without notice. If the changes to this Agreement are material, we will notify you by email or through the Platform. Your continued use of the Platform or our Services will be considered an acceptance of the modified terms.

 

1. SERVICES

1.1 Health and Wellness Services

Scope of Services: The Services provided through the Platform are meant to help prevent the occurrence and aggravation of symptoms related to hormonal and metabolic changes. Depending on your objectives, we may provide preventative clinical interventions aimed at improving your general health and wellbeing, notably through virtual consultations, comprehensive assessments, prescriptions and referrals, follow-ups, and other healthcare prevention services (“Health Services”). We also offer coaching and personalized support services to help change or improve your lifestyle and daily habits so you can meet your wellness goals (“Wellness Services”). Various tools and resources, such as self-guided resources designed to inspire positive behavioural change and peer groups may also be available on the Platform.

 

Depending on your needs or province of residence, our Services may be provided by licensed healthcare professionals, including nurse practitioners, nurses, and physicians (“Healthcare Practitioners”) and other care specialists (“Wellness Practitioners”) (together, the “Practitioners”). Depending on the qualifications and legal constraints applicable to Practitioners in the province where Services are provided, Practitioners may be located in a province other than your province of residence or territory of Canada. We will disclose the jurisdiction in which the Practitioner is located.

 

Consent to Treatment: By accessing and using the Platform to access Health Services, you consent to be treated by Healthcare Practitioners. Healthcare Practitioners may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Healthcare Practitioners may also conduct a visual examination of you virtually, and may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. You may withdraw your consent to receive Health Services at any time by ending your consultation with the Healthcare Practitioner.

 

In prescribing or communicating any diagnosis, course of treatment or medication to you, the Practitioner will seek your informed consent, which requires the Practitioner to explain the diagnosis, treatment, and the risks and side effects associated therewith. You are encouraged to ask questions to the Practitioner regarding any diagnosis, treatment or medication that is prescribed or recommended to you to ensure that you understand the diagnosis, treatment and risks or side effects associated therewith. If you are not satisfied with the explanation or information provided by the Practitioner regarding any course of treatment or medication that is prescribed or recommended for you, you should not follow it or you should seek a second opinion from a physician or other practitioner that is not affiliated with the Company.

 

Note that a Healthcare Practitioner reserves the right to assess whether a person has the capacity to provide consent to his or her Health Services treatment on a case-by-case basis.

 

Delivery of Services: Encounters with Practitioners will be through our App or by phone. The Practitioner may use the communication and interactive features of the App to assess your condition and may prescribe medication to you, order tests or refer you to another healthcare provider for in-person examination, treatment or follow-up care. All diagnoses, treatments, prescriptions and other reserved medical services will be provided and performed exclusively by or under the supervision of qualified Healthcare Practitioners, in their sole discretion, as they deem appropriate.

 

WE CANNOT GUARANTEE OR ASSURE ANY SPECIFIC RESULT IN CONNECTION WITH THE SERVICES PROVIDED. Practitioners may determine that the Services are not appropriate for some or all of your treatment needs, and may elect not to provide the Services to you. Practitioners have the discretion to refuse or discontinue the provision of Services at any time, including for actual or potential misuse of the Services.

Relationship with Practitioners: Even though your interactions with Healthcare Practitioners may give rise to a therapeutic relationship, this relationship is not intended to nor should it replace appointments with your regular primary care provider. Should you have any general or ongoing concerns about your health condition or the plan suggested, you should consult with your primary care provider first.

 

THE COMPANY ONLY PROVIDES THE PLATFORM (AND RELATED TECHNOLOGY) THAT CONNECTS YOU WITH OUR PRACTITIONERS. HEALTH PRACTITIONERS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL HEALTH SERVICES PROVIDED TO YOU ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO CLINICAL ADVICE, DIAGNOSIS, TREATMENT, AND ANY OTHER PROCEDURES THAT COULD BE PROVIDED THROUGH THE PLATFORM OR THE CONSULTATIONS. THE COMPANY DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER THE PROVISION OF HEALTH SERVICES BY THE HEALTH PRACTITIONERS, THE MATERIALS, TOOLS OR METHODS USED BY A HEALTH PRACTITIONERS, THE TREATMENT PROVIDED BY A HEALTH PRACTITIONER OR THE CONDUCT OF A HEALTH PRACTITIONER. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY SERVICES PROVIDED TO YOU BY A HEALTH PRACTITIONER.

 

Quality Control and Complaints: All disputes between you and a Health Practitioner are between you and such practitioner and not with us. Under no circumstances do we have an obligation to resolve any dispute or provide a refund because of dissatisfaction with Services provided by a Health Practitioner. 

 

You can report a complaint about the Services provided by a Practitioner on the App by contacting (i) the Company at the email address provided below, and/or (ii) the professional regulatory college(s) in the province(s) where the Healthcare Practitioner is licensed.

 

1.2 Prescriptions

When authorized to do so, Healthcare Practitioners may recommend and prescribe medication to you. ANY PRESCRIPTION RECEIVED FROM A HEALTHCARE PRACTITIONER IS FOR THE EXCLUSIVE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. 

 

On request, we may send these prescriptions to a pharmacy or other dispensing location of your choosing. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION. You should 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 call 911 if any reaction is an emergency situation.

 

PRACTITIONERS 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. IF YOU ARE PRESCRIBED SUCH A MEDICATION, WE ASK THAT YOU REFRAIN FROM FILLING IT AND INFORM US IMMEDIATELY SO WE CAN TAKE APPROPRIATE ACTIONS.

 

1.3 Additional tests and samples

Practitioners may request assessments to be completed prior or after consultations (e.g., laboratory samples or diagnostic tests). Practitioners will provide you with a duly completed request for examination or test. You are fully responsible for ensuring that the prescribed samples and tests are completed as well as for assuming the costs, if applicable, associated with such additional tests or assessments. We reserve the right to not offer the Services if you are unwilling or unable to complete the samples and tests required for the Services to be rendered.

 

1.4 Electronic Records

In order to provide you with certain Services and comply with legal and professional obligations, the Company and/or its Practitioners may be required to constitute and maintain an electronic medical record. 

 

By requesting Services from the Company or Practitioners, you agree to your personal information being collected, used, stored, transferred, and disclosed in accordance with the terms of our Privacy Policy. You further understand that, to provide you with continuous and safe care, Healthcare Practitioners and Wellness Practitioners may have to access your electronic medical record.

 

At your request, we will provide your primary care physician with a report about the Services that you receive through the Platform, so your primary care physician can take into consideration these Services, including any proposed treatment plan or prescriptions. It is always recommended that you advise your physician about any Health Services you receive, including the issues that caused you to request them.

 

1.5 Tools And Resources

Through the Platform, you may have access to content and materials aimed at inspiring positive behavioral change including, but not limited to, articles, videos, audio files, interactive exercises, and workbooks. 

 

The information provided through these resources and throughout the Platform is intended for education and skill development purposes only. It is not intended to be comprehensive, nor to constitute professional or medical advice, or to be used as a substitute for medical diagnosis or treatment. The information does not constitute psychotherapy and is not intended to suggest or recommend a course of treatment or replace personal consultation with a qualified healthcare professional or mental health specialist.

 

You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to something you read on the Platform.

 

1.6 Availability of Services

Our Services are meant to be used exclusively within Canada and may be available only in certain provinces. The Services available to you depend on your province of residence and the location you are in at the time you access the Services. 

 

You acknowledge and agree that the products, services and/or material described on the Platform, or the Services available through the Platform, or any other services provided pursuant to these Terms of Service are not appropriate or available for use in locations outside Canada.

 

1.7 Risks and Limitations

By registering for an account and where appropriate, you may be eligible to receive Services through our Platform. This practice can be considered as a type of virtual care.

 

Despite the many benefits of virtual care, this type of practice presents specific risks which may adversely impact the ability of the Practitioner to provide Services. By consenting to receive Services using the App, you acknowledge and understand the risks associated with virtual care, as described below, and agree to take measures to help mitigate these risks. Should you have any concerns about any of these risks of the use of virtual care, please notify your Practitioner or our customer service at support@coral.ca.

 

Risk CategoriesExamples

Mitigation Measures

TechnicalPoor Connectivity: Audio or video quality may be compromised due to network problems or weak internet connections, affecting the quality of the consultation.
Technology Failures: Technical glitches, such as app crashes, device malfunctions, or software errors, can disrupt or delay consultations.
Delayed Diagnosis or Treatment: Technology failures, miscommunication, or the inability to conduct thorough assessments can lead to delayed diagnoses or inappropriate treatments.

Ensure you have adequate bandwidth to attend virtual encounters.

Conduct regular updates of the App and software on your device.

If you experience any technical issues, immediately contact our Customer Service so we can help direct you to an appropriate resource IF YOU REQUIRE IMMEDIATE CLINICAL ASSISTANCE, CALL 911 OR ATTEND YOUR LOCAL HEALTH CENTER.

Clinical Risks

Inability to Conduct Full Physical Exam: Healthcare Practitioners may miss signs or symptoms that can only be detected through in-person examination, potentially leading to incomplete or inaccurate diagnoses.

Miscommunication of Symptoms: Patients might have difficulty describing symptoms accurately via telemedicine, leading to a misunderstanding of their condition.

Inability to Handle Serious Conditions: Some medical conditions require immediate in-person care (e.g., emergencies or conditions requiring physical exams) and may not be appropriately treated via telemedicine.

Proactively inform Practitioners of any and all signs or symptoms.

Let Practitioners know if you are uncomfortable or have difficulty explaining your signs or symptoms.

If you require immediate clinical assistance, DO NOT USE THE PLATFORM AND IMMEDIATELY CALL 911 OR VISIT YOUR LOCAL HEALTH CENTER.

Data Protection Risks

Data Breaches: Personal health information (PHI) could be vulnerable to unauthorized access or hacking, especially if security protocols fail or are breached.

Inadequate Data Protection: There may be risks to the confidentiality of your medical data transmitted over the internet, despite encryption and security measures.

Unauthorized Sharing: In some cases, there may be accidental or intentional unauthorized access to or sharing of your personal health information.

Keep your password confidential and log out after every session on the App.

Never share personal information via unsecure means.

Stay informed about who may have access to your personal information/personal health information by regularly consulting our Privacy Policy. Contact our Privacy Officer at privacy-officer@coral.ca in case of any suspected breach of privacy.

Access to Information Risks

Limited Access to Medical Records: Practitioners may not have access to all of your health information, especially if your records are not integrated across different healthcare platforms, potentially leading to incorrect diagnoses or treatment.

Medication Conflicts: Without a complete overview of your current medications and medical history, there is a risk of drug interactions or other treatment errors.

Submit all information you believe is relevant to your Practitioner.

Ensure complete disclosure of all current and past medical and pharmaceutical treatments. Your pharmacist and past providers may provide you with this information.

Legal and regulatory risksLicensing Issues: Healthcare providers may not be licensed to practice in the patient’s province, leading to potential complications in case of medical errors.Ensure you disclose your location at every encounter.
Accessibility

Technology Access: Not all patients have access to the technology or internet bandwidth necessary for telemedicine, creating a barrier to care for some individuals.

Digital Literacy: Some patients may struggle to use the telemedicine platforms or lack the necessary skills to navigate the technology, leading to gaps in care.

If you do not have access to a stable and secure internet connection, or have any difficulty using our platform, contact our Customer support at support@coral.ca. We will try our best to accommodate you.

 

2. ACCOUNT

2.1 Eligibility 

Our Services and access to our Platform is only available to temporary or permanent residents in the province of Quebec and Ontario.

In order to use our Services, you will be required to successfully create a user account on our Platform (the “User Account”). When creating an account or otherwise using our Services, you represent and warrant that: 

  • you have reached the age of majority in your jurisdiction of residence; 
  • you possess the legal authority to create a binding legal obligation; 
  • you will use the App in accordance with these Terms of Service; 

 

2.2 Account Security

You are responsible for all activities occurring under your User Account and for putting in place and observing all appropriate measures to protect confidentiality of your account. You acknowledge and agree to the following:

  • You are not permitted to have more than one User Account on the Platform;
  • You will not share your User Account password with any other person, and agree to maintain the security and secrecy of your User Account username and password at all times;
  • You will immediately notify the Company of any unauthorized use of your password or account, or any other breach of the security of the Platform of which you reasonably suspect or become aware;
  • You will ensure that you log out from your User Account at the end of each session;
  • The Company cannot and will not be liable for any loss or damages arising from your failure to comply with this Section;
  • You may not collect or harvest personal data of any other user of the App, including user account names or login credentials.

 

2.3 Language

The App is available in French or English. The App language is by default set to the language of your device. If you wish the App language to be different from the language of your phone, please use the language toggle in the account section of the App.

 

2.4 Permitted uses

Your access to the Platform is provided solely to : 

  1. give you access to any Services offered through the Platform, including access to the Services provided by Healthcare Practitioners and Wellness Practitioners;
  2. facilitate any payments from you to the Company in respect of your use of the Services; and 
  3. provide feedback and otherwise communicate with the Company in connection with any of the foregoing.

For further clarity, you are expected to use the Platform and Services for your benefit and will not use the Services for the benefit of a third party.

 

2.5 Prohibited Uses

You will not, without the Company’s prior written permission, use the Platform, the Content, and the Services for purposes other than the Permitted Use.

You must not, and you must not request or authorize another person to:

  • Promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
  • Promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class. We will not tolerate any abuse or offensive discourse or behavior towards our employees or our Practitioners as further described below;
  • Upload, post or otherwise make available any material that contains viruses, malware or other malicious software;
  • Upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
  • Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
  • Engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
  • Engage in any activity that attempts to extract any proprietary software used to maintain the Platform; 
  • Track, trace or harvest any information on any User Account or any other person who visits the Platform; or
  • otherwise violate this Agreement.

You acknowledge and agree that you will refrain from inappropriate language or conduct when communicating with Company employees and Practitioners, regardless of whether or not that language or conduct is specifically directed at the individual you are communicating with. Inappropriate language includes but is not limited to speech that is abusive, harassing, vulgar, hateful or defamatory, or which discriminates against other persons on the basis of gender, race, religion, ethnicity, sexual orientation, family status or disability. You also agree that you will not attempt to communicate with any Company employee or Practitioner through any means other than the Platform, except when mutually agreed or if instructed to by a Company employee or Practitioner.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which we may suffer) of any such breach. In addition, the Company reserves the right to investigate, suspend and/or terminate and deactivate your User Account without further notice or liability if you engage in any of the above activities, misuse the Platform or otherwise engage in acts that the Company regards as inappropriate or unlawful.

 

 

3. FEES & PAYMENT

3.1 Fees

The Company may, in its sole discretion, but subject to applicable laws, offer some of the Services for free or charge fees in accordance with our list of fees. You may find a detailed list of our fees here.

MOST SERVICES OFFERED ON OUR PLATFORM ARE NOT COVERED BY PROVINCIAL HEALTH PLANS. THE MEMBERSHIP FEE COVERS SERVICES THAT ARE NOT INSURED UNDER PROVINCIAL HEALTH PLANS ONLY AND IS UNRELATED TO ANY INSURED SERVICES THAT YOU MAY REQUIRE OR OBTAIN THROUGH THE PLATFORM. PURCHASE OF A MEMBERSHIP IS NOT A CONDITION TO ACCESS INSURED PHYSICIAN SERVICES.

We will notify you of any applicable recurring and additional fees, and will only process the charge to your credit card after providing notice of any upcoming charge. Unless otherwise expressly indicated in the invoice, all fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable. You will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save the Company harmless in respect of any such taxes. The Company reserves the right to modify or implement a new pricing structure by providing you with formal notice pursuant to these Terms of Service.

 

3.2 Payment Method

To facilitate payment for membership or individual Services, we ask that you provide valid and accurate credit card information. You will not be able to access our Services if the credit card information provided is inaccurate and/or declined at the point of validation. By giving us your credit card information, you authorize the Company to validate your credit card and charge the applicable card the amount. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be processed and the Company will have no obligation to provide the Services.

 

 

4. PRIVACY AND PERSONAL INFORMATION

When creating a User Account or otherwise using our Services, you will be asked to provide certain Personal Information, which may include Personal Health Information. The Company will collect, store, use, and disclose this information in accordance with the Privacy Policy available by clicking here.

By agreeing to the terms of this Agreement, you agree to the collection, use and disclosure of your Personal Information as outlined in the Privacy Policy.

 

 

5. PLATFORM AND SERVICE UPDATES

From time to time, the Company will provide updates to the Services. The terms of this Agreement will govern any update to the Platform or Services provided by the Company that replace and/or supplement the original Services or Platform functionalities, unless otherwise indicated.

Some updates to the Services may be optional or require some action on your part, for example when you must download and install an update to an App. If you do not complete the installation of the update, the Platform Services may not function properly or at all. The Company will not be responsible for any problems caused by your failure to complete the timely installation of any update.

 

 

6. THIRD-PARTY WEBSITES & VIRUSES

Any links or references to third party information are provided solely as a convenience to you. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the people, organizations, and/or businesses responsible. The Company shall have no liability to you for any content that you may find to be offensive, indecent, or objectionable.

The downloading and viewing of third party links is done at your own risk. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the App. The Company cannot and does not guarantee or warrant that the links will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties.

 

 

7. ELECTRONIC COMMUNICATIONS

When you are using the Platform, including sending emails and chat messages from a desktop, mobile device or via the App, you are communicating with us electronically. YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  • You will receive support communication from us electronically including, but not limited to, billing notifications, care-related messages, and alerts. You understand that you cannot opt out of receiving communication deemed necessary for care, as this helps us ensure your safety and continuity of care;
  • All agreements and consents can be signed electronically;
  • All notices, disclosure, and other communications that we provide to you electronically satisfy any legal requirement that such notices and communication be in writing;
  • The Company may contact you by telephone, mail, or email to verify your Account information and/or to ensure your Account has not been created fraudulently and/or to discuss matters deemed necessary for care in cases where the Company has been unable to communicate with you electronically.

By providing your mobile number, you are agreeing to be contacted by or on behalf of the Company at the mobile number provided, including calls and text messages to receive product, service, or marketing related communications related to the App or our Services. Message and data rates may apply. To stop receiving text messages, reply by text with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your progress and treatment.

 

8. TERM AND TERMINATION

The Agreement will take effect on the date and at the time you select “I AGREE” or similar electronic acceptance when presented with the opportunity to view and agree to these Terms of Service.

The Company may immediately terminate, or suspend, these Terms of Service, or cease providing the Platform and Services at any time: (i) if you do not comply with these Terms of Service; (ii) if necessary to prevent threats to the privacy, security or integrity of your data or the data of any other user(s); (iii) upon termination of the agreement between the Company and the third party payor that is paying your subscription fee; (iv) to comply with any applicable law or court or order and/or (v) for any reason, including events not in our control.

Either you or the Company may terminate these Terms of Service as follows: (1) the Company may terminate these Terms of Service upon 30 days’ written notice to you, by email (at your current email address on file) or through the Platform; (2) you may terminate these Terms of Service at any time upon 30 days’ written notice to the Company, by requesting (by email) that your User Account be deleted or closed, ceasing use of the Platform and uninstalling and removing all local software components thereof from your systems, including removing the App from your mobile device. Please review the Privacy Policy for information on how we manage your personal health information if you leave the platform. Note that terminating your Agreement does not automatically free you from your payment obligations.

 

 

9. INTELLECTUAL PROPERTY

You acknowledge that the Platform, the Services and the Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the app, and all information related thereto constitute valuable proprietary, confidential and trade secret information of the Company. The Services and Content are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada and other countries.

By agreeing to this Agreement, you acknowledge that, as between you and the Company, the Company owns and retains all rights, title and interest in and to the Platform, the Services and Content including without limitation all copyright, trademark and intellectual property rights therein, and that the only right you have is the limited right to use the same as set forth in this Agreement. You may not rent, lease, lend, sell, redistribute or sublicense the Services or Content.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services and App, any updates, upgrades, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Company and its licensors. All rights in the Services not expressly granted to you are reserved by the Company or its licensors.

 

 

10. DISCLAIMER AND LIMITATION OF LIABILITY

You agree that the Company has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted through the Platform. We reserve the right at any time to modify or discontinue the Platform (or any part or Service thereof) with or without notice. The Company is not liable to you or to any third party for any modification, suspension or discontinuance of the Platform or Services.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE EXCLUSION AND LIMITATIONS BELOW MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESSED, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL THE COMPANY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT.

In the province of Quebec, we are liable to you for damages for which we are liable to you under applicable law. In other Canadian provinces and territories or any other jurisdiction, we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages caused to you in connection with your use of the Platform.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF CORAL HEALTH INC. IN CONNECTION WITH OR UNDER THESE TERMS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU FOR A ONE YEAR MEMBERSHIP. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

 

11. INDEMNITY

You agree to indemnify and hold harmless the Company (which in this Section includes all of its officers, directors, employees and agents) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: 

  1. Your breach of any of your warranties, representations or obligations under these Terms
  2. Your violation of any applicable law or the rights of a third party (including intellectual property rights); or
  3. Your use of the Platform or the Content and Services obtained through the Platform.

Through the Platform, you may use certain services that are not provided by the Company and that we identify to you for your convenience (for example, prescription delivery services). You hereby release the Company from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platform.

 

 

12. CHANGES TO OUR TERMS

The Company may modify this Agreement from time to time. The Company will give you written notice of any material changes to the Agreement by any reasonable manner of notice which it elects. Your use of the Services after the effective date of the modifications as set out in such notice constitutes your agreement to such modifications.

 

 

13. SUGGESTIONS AND COMMENTS

The Company welcomes any comments, advice or suggestions you may have concerning our Services or our Platform. You agree that such advice and suggestions are free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to us by email, as email is not a safe or secure method of transmitting confidential or private information.

By submitting any reviews, questions, comments, suggestions, ideas or similar information through the App in connection with the Services, (collectively, “Submissions”), you grant the Company a royalty free, in perpetuity, right to: use the name that you submit in connection with such Submission for quality improvement purposes. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

The Company takes no responsibility and assumes no liability for any Submissions posted or submitted by you. You are fully responsible for the content of your Submissions, including reviews posted to the App or other electronic methods. Without limiting the foregoing, you will not post or transmit to or from the App any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services), or upload to or transmit through the App any Content or Submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by the Company in its sole discretion. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the App.

If you do not agree with any of the above, please do not provide any Submissions.

 

 

14. APPLICABLE LAWS

These Terms of Service shall be governed by the laws of the Province where you reside and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. 

If you reside outside of Quebec, the courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under these Terms of Service, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Ontario and acknowledge their competence and agree to be bound by any judgment thereof.  

If you reside in Quebec, the courts of the Province of Quebec shall have exclusive jurisdiction to entertain any action arising under these Terms of Service, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Quebec and acknowledge their competence and agree to be bound by any judgment thereof.

 

 

15. GENERAL

These Terms of Service, constitute the entire agreement between you and the Company relating to your use of the Platform and our provision of Services. 

You agree that we may provide you with notices, including those regarding changes to these Terms of Services, by email, regular mail, or postings on the Platform.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Service and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

You may not assign, transfer or sublicense your User Account and these Terms of Service, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer your User Account or these Terms of Service, without such consent, will be null and of no effect.

 

 

16. QUESTIONS AND COMPLAINTS

For more information, you can email us at support@coral.ca.