Terms of Use

The Maple Terms of Use were updated on November 29, 2016.

Contractual relationship

These Terms of Use (“Terms”) govern the access or use, by individuals who have registered with Maple and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “Maple Platform”), owned and operated by Maple Corporation (“Maple”, “we”, “us”). For clarity, these Terms set out circumstances in which you may use the Maple Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you are seeking Healthcare Services (as defined below).

By accessing and using the Maple Platform, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Maple. If you do not agree to these Terms at any point, you must immediately cease accessing the Maple Platform.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Maple Platform after the amendment of the Terms, you agree to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.

On notice to you, Maple may immediately terminate these Terms or access to the Maple Platform, or generally cease offering or deny access to the Maple Platform or any portion thereof, at any time, for any reason.

Authorized Physicians, Maple Telemedicine Platform

All physicians providing health care through the Maple telemedicine platform (“Maple Platform” and each an “Authorized Physician”) are independent, regulated health professionals registered to practice medicine in the Province of Ontario, Canada. Maple is not a healthcare provider.  Authorized Physicians alone are responsible for the healthcare services they provide through the Maple Platform (“Healthcare Services”).  The relationship between you and an Authorized Physician is a physician-patient relationship.  Maple is not a party to that relationship.

Telemedicine is the delivery of health care using interactive text, audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your telemedicine consultation with an Authorized Physician, you will be asked to provide the Authorized Physician certain personal health information (“PHI”) that is likely to include health history and other information he or she requires to provide Healthcare Services in the circumstances.

There are restrictions on the healthcare services that can be provided through the Maple Platform. YOU MUST NOT USE THE MAPLE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.

The following symptoms are specifically excluded from the healthcare services:

Chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk. Also, interaction with an Authorized Physician through the Maple Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. If you want more about information about any particular Authorized Physician, you may consult the register of the College of Physicians and Surgeons of Ontario (“CPSO” at http://www.cpso.on.ca/public-register/all-doctors-search). You should seek emergency help or follow-up care when recommended by the Authorized Physician.

We do not provide your family physician with a report about the Healthcare Services that you receive through the Maple Platform. So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the Maple Platform enables you to send a summary of your Healthcare Services to a physician of your choice.

Privacy

Our collection, use, disclosure, retention and disposal and destruction of PHI are governed by our Privacy Policy, located at www.getmaple.ca/privacy. You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.

By authorizing someone else (a “Third Party”) to pay the fees for your Healthcare Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Maple, and Maple will rely on your representation, that:

a. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Maple Platform and Healthcare Services;

b. disclosing the information that you have requested Healthcare Services to the Third Party to permit Maple to process payment for the Healthcare Services; and

c. notifying the Third Party of any changes or termination of your access to the Maple Platform.

If you have questions about our privacy program, our management of your PHI, or the personal information that we disclose to Third Party payers, please contact us as set out in the Privacy Policy.

How it Works

The Maple Platform enables you to access the online provision of health care from healthcare providers who practise in the Province of Ontario, for you or for individuals for whom you have the legal authority to make decisions relating to their healthcare and PHI (as their substitute decision maker for example). The Maple Platform and Healthcare Services will only be made available to you if you are a temporary or permanent resident of Ontario, whether or not physically in the province at the time that you request the Healthcare Services. By using the Maple Platform and Healthcare Services, you represent and warrant that you, or any individual for whom you request Healthcare Services, is either a permanent resident of Ontario or visiting Ontario at the time that the Healthcare Services are provided. You agree that the Maple Platform is made available solely for your personal and non-commercial use.

The Maple Platform also enables you to: store PI and PHI (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Physicians; and receive and store prescriptions and sick notes, among other documents, from Authorized Physicians electronically. The Maple Platform offers optional services that Maple will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a physician of your choice; fax securely your prescription to your chosen pharmacy and receive notice when it is ready for pick-up; open an account for you with a prescription delivery service; and securely transmit your information to the prescription delivery service.

For Clarity

BY REGISTERING TO USE THE MAPLE PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:

  1. The Maple Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Physicians for the provision of Healthcare Services and that Maple is not a party to the relationship between you and any Authorized Physician providing Healthcare Services. Authorized Physicians are independent contractors who are not employed by Maple or otherwise affiliated with Maple.
  2. AUTHORIZED PHYSICIANS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
  3. As with any other medical consultation, no results can be guaranteed or assured: your Authorized Physician may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the Maple Platform.
  4. As with any other health care service, there are risks associated with the use of the Healthcare Services.
  5. The Maple Platform may not permit the transition of information in a way that allows the Authorized Physician to provide Healthcare Services (e.g., poor resolution of images).
  6. You are responsible for providing the Authorized Physician with the information that he or she advises is required in order to provide you with Healthcare Services.
  7. The laws that protect the privacy and security of PHI apply to telemedicine; (again, please see our Privacy Policy).
  8. The content and material appearing on the Maple Platform could include technical, typographical or photographic errors. Maple does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).

Limits on Healthcare Services

As set out above, not all healthcare services may be delivered through the Maple Platform.  In addition to the limitations set out above, Authorized Physicians 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.

YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN 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 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. Do not report drug reactions, side effects or adverse events through the Maple Platform.

Authorized Physicians have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.

Content

None of the information or materials (collectively, excluding Healthcare Services, (“Content”) available through the Maple Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only.  It is your responsibility to discuss any Content with your family physician prior to relying on it and any reliance on Content is at your own risk.

Ownership

The Maple Platform, all Contents and rights therein, except PHI, are and shall remain Maple’s property or the property of Maple’s licensors. Neither these Terms nor your use of the Maple Platform convey or grant to you any rights to use or reference in any manner Maple’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Maple’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, other than your PHI, except as expressly permitted by these Terms.

Preliminaries: User Accounts

In order to use the Maple Platform, including obtaining Healthcare Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account.  You are only permitted to request Healthcare Services for you or for someone for whom you have legal authority make health care decisions and decisions about PHI (a child or person for whom you are the legal guardian or for whom you have power of attorney for health care, for example).  You must create a separate profile for each such person in your User Account, which will include the person’s name and other personal information, to be able to request Healthcare Services for him or her.

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 Maple in writing, you may only possess one User Account.

Restrictions

While using the Maple Platform, you may not, and represent and promise that you will not:

  1. The Maple Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Physicians for the provision of Healthcare Services and that Maple is not a party to the relationship between you and any Authorized.
  2. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
  3. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Maple Platform except as expressly permitted by Maple.
  4. Decompile, reverse engineer or disassemble the Maple Platform except as may be permitted by applicable law.
  5. Link to, mirror or frame any portion of the Maple Platform.
  6. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Maple Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Maple Platform.
  7. Attempt to gain unauthorized access to or impair any aspect of the Maple Platform, or its related systems or networks.
  8. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  9. Use the Maple Platform in a manner that violates any laws.

In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with Authorized Physicians. You agree that you will not contact Authorized Physicians in respect of Healthcare Services except through the Maple Platform.  For clarity, Maple has no interest in or control over any interaction that you may have with Authorized Physicians outside the Maple Platform and unrelated to Healthcare Services.

Termination

As set out above, Maple reserves the right to terminate any User’s access or use of the Maple Platform at any time, for any reason. If your User Account is terminated, Maple will have no further obligation to provide access to the Maple Platform, except to the extent there is an obligation to provide you with access to your PHI, or we are requested to do so, for a limited period, by an Authorized Physician in connection with his or her professional obligation to you.

You may deactivate your User Account at any time, for any reason, by sending an email to support@getmaple.ca. Please see our Privacy Policy in relation to our management of User PHI on the deactivation of a User Account.

Fees/Physician Payment/ Payment Options

Like certain other health professional services, Healthcare Services are provided for a fee and are not covered by OHIP.  You understand that you will be charged a fee for any Healthcare Services you receive from an Authorized Physician, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are two options available for payment: pay-per-visit or membership. These options are described below.

We charge Authorized Physicians a service fee for using the Maple Platform which we deduct from the fees paid for Healthcare Services. Maple facilitates payment of the fees to the Authorized Physician. Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Authorized Physician.  All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.

Pay-per-visit option: You may pay the fees for Healthcare Services (“Fees”) at the time you request Healthcare Services. Maple requires you to submit credit card information prior to any Healthcare Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through the Maple Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Maple, on behalf of Authorized Physicians, may validate your credit card and put a hold on it in the amount of the Fees. Maple will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. Maple will provide you with a receipt for the Fees you pay.

Membership option: Maple may allow you to purchase unlimited access to certain specified Healthcare Services during a fixed membership term for a flat fee (“Membership Fee”). Maple will notify you of the applicable Membership Fee and the Healthcare Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services covered by your membership. The only additional fees would be for Healthcare Services you request that are outside of your membership and accordingly not covered by your Membership Fee.  For access to Healthcare Services not covered by your membership, you must use the pay-per-visit-option. Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fees are non-refundable, except where Maple terminates your access to the Maple Platform, in which case Maple will give you a pro rata refund of your Membership Fee.  For clarity, Maple with refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.

Third Party Payment/Coverage

Maple may permit a Third Party (e.g. employer) to pay the Fees and/or Membership Fees for some or all of the Healthcare Services provided to a User or group of Users. In these circumstances, Maple has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with Maple to obtain Healthcare Services, and for whom the Third Party will pay the Fees or Membership Fees for some or all of the Healthcare Services they receive. The payment option will be determined by the Third Party and Maple. Maple is not a party to and has no control over the agreement between any User and a Third Party payer. Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fees. Maple will inform Users of any changes to or termination of their Third Party coverage.  Users whose Third Party coverage is terminated may be given the option of continuing to use the Maple Platform under their existing account so long as they pay the Fees or Membership Fees.

Disclaimer

THE MAPLE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” MAPLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MAPLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE MAPLE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MAPLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE MAPLE PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES.

Limitation of Maple’s Liability

UNDER NO CIRCUMSTANCE SHALL MAPLE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MAPLE PLATFORM AND/OR HEALTH CARE SERVICES PROVIDED BY AUTHORIZED PHYSICIANS. MAPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE MAPLE PLATFORM AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE MAPLE PLATFORM AND/OR HEALTH CARE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN. MAPLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MAPLE’S REASONABLE CONTROL. YOU AGREE THAT MAPLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE MAPLE SITE OR THE HEALTHCARE SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS.

No liability for computers or networks used to access your account

Maple is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Maple Platform.

Indemnity

You agree to indemnify and hold Maple (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Maple Platform and Healthcare Services obtained through your use of the Maple Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Physicians, other Users, and any person on whose behalf you request Healthcare Services. Through the Maple Platform, you may use certain services that are not provided by Maple and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by Maple, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Maple.

General Provisions

Entire Agreement. These Terms constitute the entire agreement and understanding of Maple and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.

Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Maple Platform, you agree that any disputes or matters arising from, connected or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario.

Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Maple’s prior written consent. Maple may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to External Websites. Links on Maple’s Platform to other websites or resources including those operated by parties other than Maple, are provided for your convenience. Maple is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. Maple is not responsible even where we link you to those services or refer you for your convenience.

Contact Us

If you have questions about the Maple Platform or its use, you can contact Maple Support by sending an email to support@getmaple.ca.