COLLECTION AND USE OF INFORMATION
Freddie provides individuals with access to physicians (“Health Care Practitioners”) and personal health assistants (“PHAs”) by secure text, video and audio chat for virtual care consultations (“Health Services”), and related healthcare and administrative support services (“Support Services”) through the Freddie Platform (together referred to as “Services”). Other than for the purposes of facilitating the provision of Services by Health Care Practitioners and PHAs and purposes consistent therewith, Freddie does not collect and use Personal Health Information that is provided during virtual care consultations by clients to the Freddie Platform.
Provision of Services: Freddie collects and uses Information for the purpose of providing and facilitating the provision of the Services.
Quality of Care: If you receive Services, members of the Freddie team may review your Personal Health Information in order to evaluate and/or improve the quality of Services, including responding to any inquiries from you.
Technical Support: We may use your Personal Information in order to verify your account information in the context of providing you with technical support.
Job Applications: If you apply for a job at Freddie, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application for current and future career opportunities.
Contact Us: When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a telephone number) along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service, service offerings, and the Freddie Platform.
DISCLOSURE OF YOUR INFORMATION
We will not rent, exchange or sell your Personal Information or your Personal Health Information.
We may transfer or disclose Information as follows:
Circle of Care: If you receive Services through the Freddie Platform, we may disclose your Information to and among Health Care Practitioners and PHAs for the purpose of providing or assisting in the provision of Services to you. We may disclose your Information to third parties such as other health professionals, specialists, pharmacists, pharmacies and laboratories for the purpose of providing or assisting in the provision of Services to you.
Service Provider Arrangements: In connection with the Freddie Platform and/or Services provided by Freddie, your Information may transit through third parties who provide services on our behalf. For example, we may use service providers to process payments, host our Website and store information on our behalf. Our service providers are given only the Information they need to perform their designated functions. For more information about the way in which our service providers treat personal information, contact us as set out in the “Contact Us” section below.
Sale of Business: Freddie may transfer Information as an asset in connection with a proposed or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceeding) involving all or part of Freddie or as part of a corporate reorganization or other change in corporate control.
Legal: Freddie and our affiliates and service providers may disclose Information to third parties where required or permitted by applicable law (which may include access by courts, law enforcement and national security authorities in Canada).
INFORMATION ABOUT OUR PLATFORM
As you use the Freddie Platform, certain Personal Information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:
Access Device and Browser Information: When you access the Freddie Platform from a computer or other device, we may collect information from that device, such as your Internet protocol address (IP address), browser type, connection speed and access times (collectively, “Usage Information”). We use Usage Information in order to improve our products and services and to protect your data from unauthorized access.
Device and Usage Information: We may also collect device-related information from your mobile device or computer. This information is used to help us authenticate you, deliver content appropriate for your device’s capabilities, and to deliver push notifications to notify you about activity on your account, such as messages from our Health Care Practitioners. Examples of information that may be collected and used include your device’s unique identifier, manufacturer, model, and operating system version. In addition, in the event our application(s) crash(es) on your mobile device we may receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
Real-Time Video and Audio Conversations: You may be required to connect with Health Care Practitioners and PHAs through a real-time video and audio call to receive certain Health Services such as diagnoses and advice, and to verify your identity. All video and audio calls conducted through the Freddie Platform are confidential and end-to-end encrypted and accessible only to you and the Health Care Practitioners and PHAs responsible for your care. These calls are never recorded or stored and cannot be accessed at a later date.
Text-based Chat: No Personal Health Information will be requested during these conversations.
SECURITY OF INFORMATION
We understand that data security is a critical issue for our clients and we are committed to safeguarding the Information in our custody and under our control.
Freddie has implemented a comprehensive information security program that includes written policies and procedures, and security controls. We have implemented reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure, of Information in our custody and control.
Freddie’s security policies, procedures, and controls are tested and audited by a third party on an ongoing basis, using industry-standard practices.
Our privacy practices are intended to comply with applicable privacy laws, including without limitation, the Alberta Personal Health Information Act (“HIA”), the Act Respecting the Protection of Personal Information in the Private Sector (Québec) (“Québec Privacy Act”), Saskatchewan Health Information Act ("HIPA"), Ontario Personal Health Information Act ("PHIPA") and the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”). We will maintain the privacy and security of your Information as required by applicable privacy laws, including without limitation, HIA, Québec Privacy Act, HIPA, PHIPA and PIPEDA and the regulations under those Acts. We are pleased to advise that all Personal Health Information is stored in Canada. Personal Information (but not Personal Health Information) may be stored outside of Canada.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Website. Any transmission of Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
ACCESS TO INFORMATION
Freddie takes reasonable steps to ensure your Information is accurate, complete, and up to date. If you become aware that any Information in our possession about you is not correct, you may have this Information rectified. Please contact our customer support. Contact information may be found under the heading “Contact Us”.
You are entitled to a copy of the Information that we have in our possession or under our control; if you would like a copy of such Information, please contact us. We will take reasonable steps to verify your identity before granting access or making corrections. In addition, your right to access or to correct your personal information is subject to certain legal restrictions.
We may use non-identifiable information created by us from your Information in order to better understand and improve the Freddie Platform and our service offerings.
RETAINING YOUR INFORMATION
We will retain any and all Information that we are required to retain under any applicable laws and regulations for the full duration of time required under those laws and regulations. We may also retain non-identifiable information and continue to use this information in accordance with this Policy.
MARKETING AND ELECTRONIC COMMUNICATIONS
If you have consented, Freddie may use your Personal Information to send you electronic communications, such as emails and SMS messages, containing promotional marketing materials about Freddie’s products or services, including our newsletter. You may opt-out of being contacted for these purposes by following the instructions included in the electronic communication. We will endeavor to comply with your request as soon as reasonably practicable. However, even if you opt-out of receiving such electronic marketing communications, you acknowledge that we reserve the right to send you electronic communications for non-marketing purposes (including to provide and facilitate the provision of the Services to you) where permitted by applicable law.”
You should report any privacy or security violations, including any suspected or actual unauthorized access, use or loss, of Information, to us by sending an email to email@example.com.
CHANGES TO THIS POLICY
c/o Privacy Officer
610, 600 6 Ave SW
Last Revised: 2020-11-17
1. ACCEPTANCE OF TERMS
BY ACCESSING AND USING THE FREDDIE PLATFORM, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TOU. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, PLEASE DO NOT ACCESS OR USE THE FREDDIE PLATFORM.
DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any Content (as defined below).
2. MODIFICATIONS TO THE TOU
EXCEPT IN QUÉBEC , OR WHERE PROHIBITED BY APPLICABLE LAW[CD1] , FREDDIE RESERVES THE RIGHT TO CHANGE THESE TOU AT ANY TIME WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. YOUR CONTINUED ACCESS TO OR USE OF THE FREDDIE PLATFORM AFTER ANY CHANGES TO THESE TOU INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TOU REGULARLY.
FREDDIE RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES (AS DEFINED HEREIN)) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.
The TOU is current as of the “last revised” date which appears at the top of this page You can find the most recent version of the TOU at: https://www.gofreddie.com/privacy-policy
3. AVAILABILITY AND USE OF FREDDIE PLATFORM
THE FREDDIE PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT OF THE PROVINCE OF ALBERTA, ONTARIO, SASKATCHEWAN, OR QUÉBEC. AS A CONDITION OF YOUR USE OF THE FREDDIE PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TOU; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TOU.
Freddie retains the right, at its sole discretion, to deny access to anyone to the Freddie Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these TOU. You will cease and desist from any such access or use immediately upon request by Freddie.
4. GRANT OF LICENSE
If you are a temporary or permanent resident of the province of Alberta, Ontario, Saskatchewan, or Québec and subject to these TOU, Freddie grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable license to access and use the Freddie Platform for your own use in accordance with these TOU. Use of the Freddie Platform beyond the scope of the authorized access granted to you by Freddie immediately terminates this license.
5. SECURE LOG-IN
Although certain parts of the Freddie Platform are accessible to the public, in order to access the Healthcare Services (as set out below) users must be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the Freddie Platform (“Registered Users”). In order to do so, a Registered User must register for and maintain an active personal account (“User Account”). In order to qualify for a User Account, you must be at least the age of majority in your jurisdiction of residence. In some instances mature minors may conduct assessment with physicians. Once granted a User Account, a Registered User is only permitted to request Healthcare Services for themselves. Registered Users may include temporary or permanent residents of the province of Alberta, Ontario, Saskatchewan, or Québec, drug manufacturers and suppliers, healthcare professionals and healthcare decision makers. If you have been issued log-in credentials by Freddie, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password.
You must not share your password with any other person. You agree to (a) immediately notify Freddie of any unauthorized use of your password or account or any other breach of the security of the Freddie Platform of which you reasonably suspect or become aware, and (b) ensure that you exit from your account at the end of each session. Freddie cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify Freddie in respect of any losses suffered by Freddie or claims made against Freddie that are attributable to any loss or damage arising from your failure to comply with this section.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Freddie in writing, you may only possess one User Account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. You may not collect or harvest personal data of any other user of the Freddie Platform, including user account names or login credentials. Freddie explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Authorized physicians and authorized non-physician providers such as nurse practitioners (collectively, “Authorized Healthcare Professionals”) may provide healthcare services, including telemedicine services (“Healthcare Services”) through the Freddie Platform in accordance with applicable law.
Note that an Authorized Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her Healthcare Services on a case-by-case basis.
You understand that telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; (b) interactions between a patient and healthcare provider via audio, video, and/or data communications; and (c) use of output data from medical devices, sound, and video files.
The electronic systems used in the Healthcare Services will incorporate Freddie’s network and there are restrictions on the Healthcare Services that can be provided through the Freddie Platform. YOU MUST NOT USE THE FREDDIE PLATFORM FOR EMERGENCY NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
By becoming a Registered User, you consent to Authorized Healthcare Professionals providing Healthcare Services that you request through the Freddie Platform, and should you choose to have your prescription fulfilled by one of Freddie’s pharmacy partners, then your prescription can be transferred within the Freddie pharmacy network to any of our licensed pharmacies to route your prescription in the most efficient method available.
YOU AGREE THAT ANY PRESCRIPTION YOU ACQUIRE FROM AN AUTHORIZED HEALTHCARE PROFESSIONAL ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. 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 emergency medication reactions, side effects or other adverse events to your family physician 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.
We offer an online communication platform for Authorized Healthcare Professionals and their patients to connect via the Freddie Platform through the use of synchronous and asynchronous telecommunications technologies. The Freddie Platform facilitates communication between patients and Authorized Healthcare Professionals. Freddie does not provide medical advice or care. Freddie contracts with independent authorized physician providers and authorized non-physician providers such as nurse practitioners, who provide Healthcare Services. The Authorized Healthcare Professionals deliver Healthcare Services via the Freddie platform to their patients. Authorized Healthcare Professionals are independently contracted by Freddie. The Authorized Healthcare Professionals, and not Freddie, are responsible for the quality and appropriateness of the care they render to you.
The Authorized Healthcare Professionals are independent of Freddie and are merely using the Freddie Platform as a way to communicate with you. Any information or advice received from an Authorized Healthcare Professional comes from them alone, and not from Freddie. Your interactions with the Authorized Healthcare Professionals via the Freddie Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Freddie, nor any of its subsidiaries or affiliates or any third party who may promote the Freddie Platform or Freddie’s services or provide a link to the Freddie Platform, shall be liable for any professional advice obtained from an Authorized Healthcare Professionals via the Freddie Platform, nor any information obtained on the Freddie Platform.
You acknowledge that your reliance on any Authorized Healthcare Professionals or information delivered by the Authorized Healthcare Professionals via the Freddie Platform is solely at your own risk and you assume full responsibility for all risks associated herewith. Freddie does not make any representations or warranties about the training or skill of any Authorized Healthcare Professionals who deliver services via the Site or Service. You will be connected with available Authorized Healthcare Professionals based solely on the information you submit to the Site.
The Content, including, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Freddie. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Freddie, or in connection with any communications supported by Freddie, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship (as defined by provincial or federal law) between Freddie and you. While Freddie facilitates your communications with, Authorized Healthcare Professionals, Freddie does not provide medical services, and the doctor-patient relationship is between you and the Authorized Healthcare Professionals.
7. DEALINGS WITH OTHER REGISTERED USERS
If there is a dispute between Registered Users, or between Registered Users and any third party, you understand and agree that Freddie is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release Freddie and its representatives (and their respective officers, employees, agents and successors in rights) 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 Freddie Platform.
8. PRIVACY AND INFORMATION DISCLOSURE
You agree that a Registered User is not permitted to have more than one Registered User profile on the Freddie Platform. You further agree that you will not, in connection with you as a Registered User, do anything in connection with the Freddie Platform that:
10. LIMITATIONS ON SERVICE
You agree that Freddie has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the Freddie Platform. You acknowledge Freddie reserves the right at any time to modify or discontinue the Freddie Platform (or any part thereof) with or without notice, and that Freddie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Freddie Platform.
11. TERM AND TERMINATION OF SERVICE
These TOU will commence on the day you first use the Freddie Platform and will continue in force until terminated by either party as described below (the “Term”). Either party may terminate these TOU as follows: (1) Freddie may terminate these TOU at any time and with immediate effect, or as soon as permitted by the applicable law in your jurisdiction, by giving notice to you, at Freddie’s discretion, by email (at your current email address on file with Freddie) or through the Freddie Platform; (2) you may terminate these TOU at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Freddie Platform) that your User Account be deleted or deactivated and ceasing use of the Freddie Platform.
Further, you agree that Freddie shall not be liable to you or any third party for any termination of your access to the Freddie Platform. Further, you agree not to attempt to use the Freddie Platform after said termination. The TOU’s disclaimers, limitations on liability and indemnity clauses shall survive termination of the TOU, as shall any other provision which by its nature ought to survive termination.
12. OWNERSHIP AND PROPRIETARY RIGHTS
All Content, including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Freddie Platform, are owned or licensed by Freddie and are protected by copyright, trademark and other intellectual property laws.
Freddie expressly reserves all rights in the Freddie Platform, and all materials provided by Freddie in connection with these TOU, that are not specifically granted to you. You acknowledge that all right, title and interest in the Freddie Platform, all materials provided by Freddie in connection with these TOU (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with Freddie (or third party suppliers, if applicable), and that the Freddie Platform, and all materials provided by Freddie hereunder are licensed and not “sold” to you.
OTHER THAN FOR YOUR PERSONAL CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY WHETHER BY PRINTING OR SAVING TO A DESKTOP, CONTENT FROM THE FREDDIE PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF FREDDIE, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE FREDDIE PLATFORM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Freddie Platform.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Freddie Platform.
13. NO UNLAWFUL OR PROHIBITED USE
You will not, without Freddie’s prior written permission, use the Freddie Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) 'frame', 'mirror' or otherwise incorporate the Freddie Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Freddie Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Freddie Platform or bypass or circumvent other measures employed to prevent or limit access to the Freddie Platform; (4) take any action that imposes, or may impose, in Freddie’s discretion, an unreasonable or disproportionately large load on the Freddie Platform; (5) deep-link to any portion of the Freddie Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Freddie Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Freddie Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Freddie Platform or the Content; (8) use the Freddie Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Freddie and only in the exact manner specified and enabled by Freddie; (9) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Freddie Platform or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Freddie Platform or the Content; (11) create derivative works based on the Freddie Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Freddie Platform or the Content; (12) use the Freddie Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the Freddie Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Freddie in its sole discretion.
14. THIRD PARTY WEBSITES
The Freddie Platform may provide links to third-party websites. Freddie does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Freddie's control, and if you choose to access any such website, you do so entirely at your own risk. Please review carefully the third-party's policies and practices (including in relation to privacy and personal information) and make sure you understand them before you use those sites or engage in any transaction through them.
The downloading and viewing of Content is done at your own risk. Freddie cannot and does not guarantee or warrant that the Freddie Platform or the Content are compatible with your computer system or that the Freddie Platform or the Content, or any links from the Freddie Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. 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 Freddie Platform.
Freddie does not guarantee the confidentiality of any communications made by you through the Freddie Platform. Although Freddie generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Freddie Platform, you understand, agree and acknowledge that Freddie cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Freddie Platform.
17. DISCLAIMER AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE FREDDIE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE FREDDIE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. FREDDIE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FREDDIE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, PRICING ERRORS. FREDDIE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FREDDIE PLATFORM OR THE CONTENT. IN ADDITION, FREDDIE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FREDDIE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT IN QUÉBEC, FREDDIE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FREDDIE PLATFORM AND THE CONTENT WHETHER EXPRESS, 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 FREDDIE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FREDDIE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, 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 FREDDIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT.
You acknowledge and agree that Freddie does not provide medical advice, diagnosis, or treatment, and that the Platform is strictly a technology platform and infrastructure for connecting patients with independent third-party Authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in Freddie’s network. You acknowledge and agree that the Authorized Healthcare Practitioners using the Freddie Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment and medication decisions, and other professional healthcare services performed, and that all diagnoses, treatments, prescriptions and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate.
TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FREDDIE IN CONNECTION WITH OR UNDER THESE TOU OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU FOR A ONE YEAR SUBSCRIPTION. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TOU WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless Freddie and all of its officers, directors, employees, agents, sponsors, and licensors 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:
19. GEOGRAPHIC APPLICATION OF THE FREDDIE PLATFORM
The product and services described on the Freddie Platform are only available in the jurisdictions of Alberta, Ontario, Saskatchewan, and Québec. Furthermore, nothing on the Freddie Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Freddie Platform, or the Healthcare Services available through the Freddie Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
All Authorized Healthcare Practitioners on the Freddie Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice.
You can report a complaint relating to Healthcare Services provided by an Authorized Healthcare Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
21. GOVERNING LAW AND JURISDICTION
Except in Québec, and unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and Freddie (as well as its agents, delegates, employees, and any Authorized Healthcare Professionals), including any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province of Alberta, (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Alberta, shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and Freddie.
These laws apply to your access to or use of the Freddie Platform or the Content, notwithstanding your domicile, residency or physical location. The Freddie Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. These TOU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded. Except in Québec and where prohibited by applicable law, you agree that you will only sue us as an individual. Except in Québec and where prohibited by applicable law, you agree that you will not file a class action, or participate in a class action.
22. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
These TOU constitute the entire agreement between Freddie and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Freddie with respect to the Freddie Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word 'including' or 'includes' means 'including (or includes) without limitation'.
Freddie 's failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right.
If any of the provisions contained in these TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.
[CD1]Pursuant to the Quebec Consumer Protection Act, a stipulation allowing for unilateral modification is prohibited, unless the stipulation also
1) specifies the elements of the agreement that may be unilaterally modified;
2) provides that a 30-day written notice, drawn up clearly and legibly, setting out exclusively the new clause or the amended clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, will be sent; and
3) that the user may refuse the amendment and rescind without cost or penalty or cancellation indemnity by sending a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the user’s obligations or a reduction in Freddie’s obligations.
Alternatively, changes would be effected by termination of the TOU (60-day notice in QC) and new terms accepted thereafter.