Affordable, convenient, natural health care.

Terms of Use

Terms and Conditions For Clients

The following are the Terms and Conditions (the “Agreement”) for the access and use of any person (“User”, “Client”, “Patient” or “you”) in an online platform through which professional advice and any other information are provided (collectively the “Platform”). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website bettercare.online. Without derogating from the above, the Platform may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally. By accessing or using the Platform, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must refrain from signing up to the Platform, you must stop making any use of the Platform and you should not access the Platform. When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.

The Services
The Platform enables you to communicate with a practitioner, consultant, professional, expert, coach, advisor or any other person (collectively “Practitioner”) for the purpose of getting information, advice or any other input, benefit or service (collectively “Practitioner Services”). The Practitioners are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or doing of any Practitioner. We make no representation or warranty whatsoever as to the willingness or ability of a Practitioner to give advice.  We make no representation or warranty whatsoever as to whether you will find the Practitioner Services relevant, useful, correct, relevant, satisfactory or suitable to your needs. We do not control the quality of the Practitioner Services and we do not determine whether any Practitioner is qualified to provide any specific service as well as whether a Practitioner is categorized correctly or matched correctly to you.

While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Practitioner. It is your responsibility to conduct independent verification regarding any Practitioner that provides you with Practitioner Services (whether through the Platform or not) and we strongly recommend that you will conduct this verification prior to communicating with any Practitioner through the Platform and on a continuous basis as you use the Platform. Your relationship relating to the Practitioner Services is strictly with the Practitioner. We are not involved in any way with the actual substance of that relationship or any part of the Practitioner Service (whether provided through the Platform or not), and we do not validate or involved in any of the Practitioner Services. In case you make a payment through the Platform, or make any payment to us, this payment is made to the Practitioner for the Practitioner Services. We may charge the Practitioner by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). However, we will not be deemed as the Practitioner of any Practitioner Services regardless of payment. Furthermore, the payment for the use of the Platform is made by the Practitioner and not by you.

Use of the Platform
You agree, confirm and acknowledge that although the Practitioner may provide the Practitioner Services through the Platform, we cannot assess whether the use of the Practitioner, the Practitioner Services or the Platform is right and suitable for your needs. THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. As operators of the Platform, our role is strictly limited to facilitating the communication between you and the Practitioner and to enable the provision of the Practitioner Services. It is up to you to consider and decide whether these services are appropriate for you or not.

You agree, confirm and acknowledge that you are aware of the fact that the Practitioner Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Practitioner Services. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you received through the Platform. You are advised to exercise a high level of care and caution in the use of the Platform and the Counselor services.

THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US AND CANADA) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.

BY AGREEING TO THIS AGREEMENT YOU ARE ALSO AGREEING TO THE TERMS OF THE PLATFORM PRIVACY POLICY (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Further Disclaimer of Warranty
YOU HEREBY RELEASE US AND AGREES TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PRACTITIONER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY HEALTH PROFESSIONAL OR ANY OTHER PRACTITIONER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY PRACTITIONER; (B) ANY INFORMATION ABOUT ANY PRACTITIONER INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY PRACTITIONER; (C) THE PRACTITIONER SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PRACTITIONER; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE PRRACTITIONER SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY ACT, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE PRACTITIONER SERVICES.

YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
ANY CONSULTATION WITH A PRACTITIONER VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PRACTITIONERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE PRACTITIONERS OR THE PROVIDER SERVICES.

In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.

Limitation of Liability
YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM. WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PRACTITIONER, WHETHER RELATING TO THE PRACTITIONER SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PRACTITIONER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.

Your account, representations, conduct and commitments

  • You hereby confirm that you are at least 18 years old of age.
  • You hereby confirm that you are legally able to enter into a contract.
  • You hereby confirm and agree that by using the Platform, you will comply with all required regulations in your jurisdiction, including but not limited to PHIPA, PIPEDA, RHPA, Naturopathy Act, and HIPAA. Your use and continued use of the Platform indicates that you agree and are complying with all required regulations.
  • You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
  • You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
  • You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
  • You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
  • You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
  • You agree and commit not to use the account or Account Access of any other person for any reason.
    You agree and confirm that your use of the Platform, including the Practitioner Services, are for your own personal use only and that you are not using neither the Platform nor the Practitioner Services for or behalf of any other person or organization.
  • You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
  • You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
  • You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Practitioner and us. If you receive any file from us or from a Practitioner, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
  • You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Practitioner Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

Fees and Payment
You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct. You confirm and agree to use only payment means (credit cards or others) which you are dully and fully authorized to use. You agree that all current and future interactions (whether online or offline) between you and a Practitioner will be made, managed and billed through Platform. If, for any reason, an interaction between you and the Practitioner is not made through the Platform, you agree that it will be billed through the platform and that the standard Platform Use Fees will be charged and delivered to us even if the Platform hasn’t been used for this interaction. You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from a Practitioner not through the Platform or in any case that you are billed by a Practitioner not through the Platform. You agree to pay all fees and charges associated with your Account a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.

Modifications, Termination, Interruption and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Practitioner Services) at our sole discretion for any reason and for any period of time. The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.

Notices
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@bettercare.online.

Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the province of Ontario, excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Ontario courts, located in Toronto, Ontario, Canada. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services. We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

Last Updated: Aug 16, 2017

Terms and Conditions For Practitioners

The following are the terms and conditions (the “Practitioner Agreement”) for the access and use of a Practitioner in an online platform (the “Platform”) through which health advice, consulting, professional advice and any other information are provided (collectively the “Practitioner Services”). A Practitioner (also referred in this Practitioner Agreement as “you”) is any practitioner, professional, consultant, expert, coach, advisor or any other person who registers to provide Practitioner Services, through the use of the Platform, to any other person or persons (the “User” or “Users”). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website bettercare.online. By accessing or using the Platform as a Practitioner, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Practitioner Agreement. You should read this Practitioner Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Practitioner Agreement, you must refrain from signing up to the Platform as a Practitioner, you must stop making any use of the Platform as Practitioner and you should not access the Platform as a Practitioner. When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.

Use of the Platform
The features and functionality of the Platform are to be determined solely by us and are subject to change or termination without notice. The Practitioner are neither our employees nor agents nor representatives. By agreeing to this agreement you are also agreeing to the terms of the Platform privacy policy (the “Privacy Policy”). The Privacy Policy is incorporated into and deemed a part of this Practitioner Agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the Privacy Policy. In regards to the Privacy Policy, the same rules and stipulations that apply to a User would also apply to a Practitioner.

Disclaimers and Limitation of Liability
The Practitioner acknowledges and agrees that the Platform is being provided for use “as is”, and therefore the Practitioner will not have any plea, claim, or demand towards us in relation to the Platform’s users, members, properties, limitations or compatibility with the Practitioner’s needs. The Practitioner shall not have any plea, claim or demand against us in respect to any services the Practitioner decides to provide in connection with the use of the Platform. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied. Registration, providing Practitioner Services and any use of the Platform is being made at the Practitioner’s sole and entire risk, without warranties, including but not limited to warranties of merchant ability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy. We expressly disclaim all warranties for information posted or transmitted by the Platform’s Users and or members. The Practitioner will bear all the risks associated with the uploading and transmitting material and utilizing the Platform including reliance on its accuracy, reliability or legality. We will not be deemed the provider or recipient of any services acquired through the Platform. The Practitioner provides Practitioner Services at his or her sole and entire risk. Under no circumstances we will be held liable to any Practitioner for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of business, revenue, profits, use, data or other economic advantage.

The Practitioner acknowledges and agrees that we disclaim any liability in relation to any claim, suit or action brought by a User in connection with provision of any Practitioner Services by a Practitioner, including but not limited to representations by the Practitioner as to the Practitioner’s qualifications and advice provided by him or her, through the Platform. The Practitioner agrees to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom. The Practitioner will be solely responsible for any agreements he chooses to make with a User. We will not be responsible or liable in any way for any agreement made between a Practitioner and a User and or for enforcing any such agreement, including but not limited to any agreements in relation to Practitioner’s fee, and or usage of the Platform in any way other than offered and suggested as the Practitioner Service at the Platform. Any agreement a Practitioner chooses to get into with a User is at his or her sole responsibility and entire risk.

The Practitioner acknowledges that he or she will solely be responsible and liable for any damages to any User to whom the Practitioner provides services and to any User who suffers damages arising from or connected to such services that he provided to that User. In the event of a dispute regarding any transaction conducted through the Platform the Practitioner hereby releases us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including but not limited to, court costs and attorney’s fees, which the Practitioner may have against one or more of the above. We shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages. Our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you or to you through the Platform in the 3 months period prior to the date of the claim. We explicitly disclaim any liability with respect to any claim, suit or action made by a User. You agree to indemnify, defend and hold us harmless with respect to any such claim. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (disclaimers and limitation of liability) shall survive the termination or expiration of this Agreement.

Representations and Warranties
You hereby confirm that you are at least 18 years old of age and that you are legally able to enter into a contract. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete. The Practitioner will not provide any Practitioner Services or advise to any User unless the Practitioner is a licensed professional in good standing in the relevant field of expertise and he or she abides by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility. At all times the Practitioner will provide correct and accurate representation of his or her skills, degrees, qualifications, background and other information, whether this information is provided to us, to the User and on any form submitted to or presented on the Platform. The Practitioner will also provide the same correct and accurate representation of his or her skills, degrees, qualifications, background and other information to the users, including but not limited to, in any kind of communicating or providing Practitioner Services to Users. The Practitioner will maintain and update all such information during the term of this Practitioner Agreement to keep it true, accurate, current and complete.
The Practitioner will not mislead Users to believe that he or she can provide a service which is outside his or her fields of licensed expertise and will not misrepresent him or herself or create any misleading name or listing. The Practitioner shall not perform any Practitioner Services and or other services or offer any advice in any jurisdiction where the Practitioner is not authorized or licensed or in good standing to do so. The Practitioner will maintain his or her skills, qualifications, eligibility, and other information and requirements, including maintaining his or her status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Practitioner practices his or her profession. We may review the Practitioner’s personal profile and amend any typing or spelling errors. We cannot and will not verify or examine the truthfulness or accuracy of the details in the Practitioner’s personal profile, credentials, qualifications, or any of the Practitioner’s postings or transmissions. However, we may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Practitioner. Without derogating from the above, we remove any content for any reason. The Practitioner represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Practitioner, including, but not limited to, applicable professional liability insurance.

Practitioner’s Conduct

  • When providing Practitioner Services or making any other use of Platform, the Practitioner must exercise a reasonable standard of care, at least the same as the Practitioner would in a similar transaction not conducted through the Platform or the Internet. Without derogating from the above, the Practitioner must exercise the standard of care mandated by his or her profession.
  • The Practitioner confirms and agrees that by using the Platform, he or she will comply with all required regulations in their jurisdiction and in the Client’s jurisdiction, including but not limited to PHIPA, PIPEDA, RHPA, Naturopathy Act, and HIPAA. The Practitioner’s use and continued use of the Platform indicates that they agree and are complying with all required regulations.
  • The Practitioner will not provide to Users any services other than Practitioner Services.
  • The Practitioner will not provide to Users any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations and ethics that applies in the Practitioner’s jurisdiction.
  • The Practitioner will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.
  • The Practitioner agrees that the Practitioner Services, advice and or information that he or she provides to a User, aren’t in any way to be considered a substitute for a face-to-face interaction between the User and the Practitioner (or any other professional).
  • The Practitioner will provide Practitioner Services only about and in respect of non-emergency matters and issues. For emergency matters and issues the Practitioner will instruct the User to immediately call 911 or their local emergency assistance number.
  • The Practitioner agrees to never engage in the practice of medicine or enter into a physician/patient relationship with any User through the Platform.
  • The Practitioner will not prescribe or dispense medicines.
  • The Practitioner will advise Users whenever appropriate that his or her advice is not a substitute for the advice or treatment of a physician after physical examination.
  • Whenever appropriate, the Practitioner will recommend Users to seek help by meeting a qualified professional face-to-face.
  • The Practitioner will not disclose any information that was provided to him or her by a User and will use his or her best efforts to guard Users privacy and Privacy Policy.
  • All contact between the Practitioner, Users and any other Users or consumers who are introduced through the Platform must be conducted only through the Platform.
  • The Practitioner may not use this Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
  • The Practitioner will indemnify, defend and hold us harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Practitioner according to this Practitioner Agreement; (b) The Practitioner’s provision of the Practitioner Agreement to any third party, regardless of whether or not they are Users of the Platform service; or (c) any materials that the Practitioner has posted to or through the Platform and/or any content provided by the Practitioner to Users.
  • The Practitioner agrees and commits not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to the use of the Platform and to the Practitioner’s relationship with the Users and us. The Practitioner further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.

Practitioner Account and Responsibilities

  • You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
  • You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
  • You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
  • You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
  • You agree and commit not to use the account or Account Access of any other person for any reason.
  • You agree and confirm that your use of the Platform, including the Practitioner Services, are made directly by you and that you are not using neither the Platform nor the Practitioner Services for or behalf of any other person or organization.
  • You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
  • You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
  • If you receive any file from us or from a User, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
  • You agree to securely release a copy of any patient file to another practitioner using the Platform if such a transfer request is made, within 48 hours, and at no charge. Furthermore, you also agree to securely release a copy of any patient file as may be required by law, within 48 hours, and at no charge.
  • You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Practitioner Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

Modifications, Termination, Interruption and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Practitioner Services) at our sole discretion for any reason and for any period of time. The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.

Fees and Payments
Practitioner will be paid for the provision of the Practitioner Services to Users. The fees, rates, payment options and payment schedules of the payments are set in the platform and they are set and determined exclusively by us and may be changed in our sole discretion. The Practitioner is solely responsible for reporting and paying any applicable tax related to the Practitioner’s use of the Platform. Any payment disputes or claims should be submitted within 30 days of discovery of any mistake. If a User has made User Payment but has later either charged back such payment for any reason or received (in our sole discretion) a refund for such a payment (collectively “Refunded Payments”), we will not pay those Refunded Payments to the Practitioner and if the money has already been delivered to the Practitioner, the Practitioner will be required to repay this amount to us. Notwithstanding the above, we may deduct this amount from the Practitioner’s account or from the following payments to be made the Practitioner. The Practitioner agrees and commits to immediately notify us in any case that the Practitioner provides any service to the User not through the Platform or in any case that the user is billed by the Practitioner not through the Platform or in any case that the user is making a payment to the Practitioner not through the Platform. Practitioner fees and/or compensation will be structured and transacted in ways that are compliant to their regulatory bodies. For instance, Ontario-based licensed Naturopathic Doctors will not be charging block fees or directly offering any form of membership. The Platform will provide an infrastructure on a jurisdiction-by-jurisdiction basis, such that Practitioners can be compliant with their regulatory bodies.

Notices
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@bettercare.online.

Important notes about our Agreement
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the province of Ontario excluding any rules governing choice of laws. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Ontario courts, located in Toronto, Ontario, Canada. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services. We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

Last Updated: Aug 16, 2017