A. The Maple Platform and Services.
Maple Corporation (“Maple”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Maple Platform”). The Maple Platform enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through the Maple Platform are referred to in these Terms collectively as “Healthcare Services”). The Maple Platform also enables Users to store certain personal and personal health information (collectively “PHI”), share their PHI with Authorized Providers, electronically receive and store prescriptions, sick notes and other documents. In addition, Maple provides optional services at a User’s direction. Those services include Maple securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice, securely faxing prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready for pick-up, opening an account for Users with a prescription delivery service, and where available, securely transmitting User information to a prescription delivery service. Maple may make additional optional services available to Users from time to time.
In order to open an account to use the Maple Platform (“M-Account”), you must:
- be at least 18 years of age, be associated with and meet the age and other eligibility requirements established by an institutional client of Maple (see Section O(3), “Third Party Payment/Coverage”) and be registered by that client (for example, international students in Canada whose User fees are paid by an insurance provider registered with Maple);
- be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements”); and
- register with Maple.
Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use the Maple Platform on their behalf. Users are required to create a separate “profile” for each Registered Dependent, which includes his or her name and other personal information. Where you are using the Maple Platform on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires Maple to accept any registrant as a User, notwithstanding that the registrant meets Maple’s eligibility requirements as amended from time to time. Supplementary Terms specific to certain users may also apply. Supplementary Terms are incorporated into and become part of these Terms.
C. Agreement with Maple.
These Terms govern Users access to and use of the Maple Platform. On acceptance by a User, these Terms constitute a binding agreement between Maple and the User. These Terms also govern a User’s participation in Maple’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively "Maple Programs"). By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the Maple Platform and participating in any Maple Programs.
D. User representations and warranties.
You represent and warrant (promise) to Maple and acknowledge that Maple is relying on your representations and warranties that:
- you and your Registered Dependents meet the Residency Requirements and will continue to do so at the point in time that you request and that Healthcare Services are provided;
- you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and
- you will use the Maple Platform solely for your personal and non-commercial use.
E. Nature and Scope of Healthcare Services
- Authorized Providers, Relationship with User. Only regulated health professionals may provide Healthcare Services. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. Authorized Physicians are physicians registered to practice medicine in at least one province or territory of Canada. Authorized Non-Physician Providers are regulated health professionals other than physicians (such as psychotherapists or nurses) registered to practice their profession in a province or territory of Canada.
- Telehealth licensing requirements. Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. In some cases, the information is available on our website. If you would like more information, please consult the regulator (generally referred to as the “College” of a regulated health profession, for example the “College of Physicians and Surgeons”) of which the Authorized Provider is a member. Most if not all health profession regulators in Canada maintain a register of their members accessible through their website.
- Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Maple does not provide your primary care provider with a report of the Healthcare Services that you receive. We strongly recommend that you at least notify your primary care provider that you received, and the reason for which you received Healthcare Services so that your primary care provider can take them into account, including any medications prescribed for you. Your primary care provider may ask you to describe what the Authorized Provider found. To assist you in providing that information, the Maple Platform enables you to send a summary of your Healthcare Services to the healthcare provider of your choice.
As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
- The Maple Platform is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While Maple facilitates access to Healthcare Services provided by Authorized Providers, it is not registered to provide Healthcare Services and does not do so as more particularly described below.
- Authorized Providers are independent contractors who have chosen to use the Maple Platform to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of Maple in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which Maple is not a party.
- AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW.
- As the rules regarding telehealth differ (or may differ from time to time), among the provinces and territories, the Healthcare Services that are available to you will depend on your province or territory of residence and the location you are in at the time you request the services.
- You will only request Healthcare Services for you or for your Registered Dependents.
- As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
- You are responsible for providing the Authorized Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services.
- THE MAPLE PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
- The following symptoms are NOT eligible to be treated through 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.
- Unless they have an ongoing treating relationship with you, Authorized Providers 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.
- ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL 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 will not report drug reactions, side effects or adverse events through the Maple Platform. You will report any medication reactions, side effects or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.
- You will seek emergency help or follow-up care when recommended by an Authorized Provider.
G. Technology-related Terms.
As a term and condition of using the Maple Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
- You are prohibited from and will not:
- remove or alter any copyright, trademark, brand elements or other proprietary notices;
- 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;
- decompile, reverse engineer or disassemble the Maple Platform;
- link to, mirror or frame any portion of the Maple Platform;
- 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;
- attempt to gain unauthorized access to or impair any aspect of the Maple Platform, or its related systems or networks;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- use the Maple Platform in a manner that violates any laws.
- You will:
- keep secure and not disclose to anyone your M-Account username and password; and
- refrain from using abusive language or inappropriate conduct when communicating with anyone through the Maple Platform, including Authorized Providers.
- You will not contact Authorized Providers 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 Providers that is unrelated to Healthcare Services or your use of the Maple Platform.
- Unless otherwise permitted by Maple in writing, you may only have one M-Account.
- You are responsible for all activity that occurs under your M-Account.
H. Business Terms.
As a term and condition of using the Maple Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
- Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for services that are not covered by the health plan of your province or territory of residence (“Plan”).
- You will be charged a fee for any Healthcare Services you receive from an Authorized Provider, unless the fee is paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Maple.
- You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact us if you have questions about fees charged for Healthcare Services.
J. Termination, Effect of Termination.
K. Ownership (Intellectual Property Rights).
The Maple Platform, all content and rights therein, except PHI, are and will 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 (as defined below), except as expressly permitted by these Terms.
None of the information or materials (collectively, “Content”) available through the Maple Platform with the exception of Healthcare Services is health professional 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 primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. 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.
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 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 AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE MAPLE PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY MAPLE PROGRAM AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO MAPLE IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).
N. Limitation of Maple’s Liability.
- MAPLE, (WHICH IN THIS SECTION N INCLUDES 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 HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., 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.
- WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL 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 HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.
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 Providers, other Users, any person on whose behalf you request Healthcare Services, and/or referred friends. Through the Maple Platform, you may use certain services that are not provided by Maple and that we identify to you for your convenience, for example, 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.
P. Fees, Payment Options.
The following are the payment options used by Maple. Not all options are available to all Users.
- 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 the provision of any Healthcare Services 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 Providers, 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 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 that would be charged to you would be for Healthcare Services that 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 M-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 Fee is 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 will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.
- Administration of Fees Paid to Authorized Providers. We charge Authorized Providers a service fee for using the Maple Platform, which we deduct from the fees paid for Healthcare Services, which accrue to Authorized Providers. Maple facilitates payment of the fees to Authorized Providers. Payment of the fees through the credit card validation and processing arrangement described above will be considered the same as payment made directly to the Authorized Provider.
- Currency, Taxes. All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.
Q. Maple Referral Program, Maple Purchasing Credit Program, Maple Gift Card Program.
The Maple Referral Program allows certain Users to earn credits towards future Fees (“Maple Referral Credits”) by referring friends to Maple (as permitted under applicable law). Credits can also be purchased in exchange for cash directly through the Maple Platform as part of the Maple Purchasing Credit Program (“Maple Cash Credits“).
- How to earn Maple Referral Credits. Users can earn Maple Referral Credits if: (i) a referred friend clicks on the referral link sent to the friend to register for an M-Account and is given an M-Account; and (ii) the referred friend provides and verifies his or her email address and phone number as part of the Maple registration process. The referring User will be credited with Maple Referral Credits in the amount described in the Credits section of the User’s M-Account settings. There is no maximum amount of credits a User can earn.
- Redeeming Maple Referral Credits and Maple Cash Credits. Maple Referral Credits and Maple Cash Credits will automatically appear as a coupon on the checkout page at any time Fees are due for Healthcare Services. Maple Referral Credits must be used within 24 months from the date they are issued. After 24 months, the Maple Referral Credits will expire. Maple Cash Credits do not expire. Maple Referral Credits and Maple Cash Credits may not be transferred or exchanged for any cash or money. Maple Referral Credits may not be earned by creating multiple M-Accounts. Maple Referral Credits and/or Maple Cash Credits accrued in separate M-Accounts may not be combined into one M-Account.
- Sharing invitations/referral links. Users may only share invitations to join Maple (by means of a referral link in the invitation) for personal and non-commercial purposes, and only with personal connections who the User has reason to believe will appreciate receiving an invitation. Users are prohibited from sending an invitation to a recipient who is not a family member or where there is no reasonable basis for believing that the recipient is a personal friend of the User. The Maple referral process does not send an electronic message from an electronic address. Users sharing invitations do so on their own behalf and not on behalf of Maple.
- Referred friends or family. Friends or family members referred to Maple will create an M-Account using a link in the invitation sent them by a User. The referring User will receive Maple Referral Credits towards Fees in an amount to be determined by Maple from time to time. The applicable credit amount and additional terms and conditions will be set out in the referral invitation or accompanying materials.
- Multiple referrals. A referred friend or family member may only use one referral link. If a referred friend or family member receives invitations from more than one User, only the User who sent the invitation with the referral link actually used by the referred friend or family member will receive Maple Referral Credits.
- Termination and Change. Maple may suspend or terminate the Referral Program or any User, referred friend or family member’s participation and/or right to participate in the Referral Program at any time for any reason. We reserve the right to suspend M-Accounts or remove Maple Referral Credits if we notice any activity that we believe is abusive or fraudulent. Maple has the right but not the obligation to monitor referral activities, and to suspend M-Accounts or modify referrals and Maple Referral Credits provided to a User as deemed fair and appropriate. Maple will not incur any liability or obligation by reason of exercising or not exercising its right to monitor, suspend, or modify referral activities and Maple Referral Credits.
R. 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 that would lead to the application of any other laws. By accessing the Maple Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms will 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.
Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Contact Us. If you have questions about the Maple Platform or its use, you can contact Maple Support by sending an email to [email protected].
Terms applicable only to individuals seeking services in the United States of America through Global Excel Management Inc. and RBC Bank U.S.
Services Provided – No Medical Care or Advice by Maple
We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
Maple does not provide medical advice or care. Maple contracts with Maple Medical Group, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. Maple Medical Group Providers deliver clinical services via the Maple platform to their patients. Providers are independently contracted or employed by Maple Medical Group. Providers are not contracted or employed by Maple. The Providers, and not Maple, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of Maple and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Maple. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Maple, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Maple does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Maple does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Services, including without limitation, 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 Maple. 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 Maple, or in connection with any communications supported by Maple, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Maple facilitates your selection of, and communications with, Providers, Maple does not provide medical services, and the doctor-patient relationship is between you and the Maple Medical Group Provider you select.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Maple’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Neither Maple nor Maple Medical Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. 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. Maple and Maple Medical Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Maple Medical Group to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
Neither Maple nor Maple Medical Group are insurers. The Services are not insurance products, and the amounts you pay to Maple or Maple Medical Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Availability of Services
Maple and Maple Medical Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Eligibility; Site Access, Security and Restrictions; Passwords
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Maple Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Maple ID and credentials. The Maple ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Maple ID and/or credentials, and for all activities that occur under such Maple ID and/or credentials. You agree to prohibit anyone else from using your Maple ID and/or credentials and agree to immediately notify Maple of any actual or suspected unauthorized use of your Maple ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Maple at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Maple will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Maple and Maple Medical Group may contact you by telephone, mail, or email to verify your account information. Maple and Maple Medical Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Maple and Maple Medical Group at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. For help, text the word HELP to(647)-360-3334. To stop receiving text messages text the word STOP to (647)-360-3334. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.
Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Maple, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
No Users Under 18 Years Old
The Site and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact US or call us at (647) 497-7453.
Accuracy of Information; Functionality
Although Maple attempts to ensure the integrity and accurateness of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Maple so that it can be corrected. If a Product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, Maple shall have no responsibility or liability for information or content posted to the Site from any non-Maple affiliated third party.
Maple and Maple Medical Group each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
Links to Other Sites
Maple makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Maple site, please understand that it is independent from Maple, and that Maple has no control over the content on that website. In addition, a link to a non-Maple website does not mean that Maple endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Maple and Maple Medical Group that you have the legal right and authorization to provide all User Information to Maple and Maple Medical Group for use as set forth herein and required by Maple and the Maple Medical Group Provider.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Maple. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect Protected Health Information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
You agree to defend, indemnify and hold harmless Maple, Maple Medical Group, and the Providers from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Maple respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Maple’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Maple US Corporation
ATTN: Chief Compliance Officer
355 Adelaide Street West, Suite 100
Toronto, ON, Canada, M5V 1S2
With the exception of your electronic medical record, Maple and Maple Medical Group, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Maple or Maple Medical Group (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Maple or Maple Medical Group, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Maple or Maple Medical Group trademarks, service marks, and logos are strictly prohibited without the prior written permission of Maple or Maple Medical Group, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Maple, Maple Medical Group or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Maple may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Disclaimer of Warranties
MAPLE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MAPLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MAPLE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY MAPLE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MAPLE OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
MAPLE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF MAPLE MEDICAL GROUP OR THE PROVIDERS. MAPLE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MAPLE TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
No Third Party Rights
Supplemental Terms Applicable to Providers
To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Maple Medical Group, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Maple users (including your Maple Medical Group patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Maple. Maple does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Maple Medical Group is solely responsible for all billings and collections from patients and other consumers, and Maple shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Maple does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Maple agree that Maple is not providing, to Customer or anyone else, medical advice or legal advice.
Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Maple and waives any and all potential claims against Maple as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Maple harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Maple, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Maple’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Maple or defect in the Site or Services. Maple will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Maple that you have the legal right and authorization to upload all Provider Content at the Site. Maple shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Maple desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Maple is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.
Maple does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Maple the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Maple and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND MAPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Maple agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Copyright/Trademark Information. Copyright ©2018 Maple US Corporation. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If you have questions about the Maple Platform or its use, you can contact Maple Support by sending an email to [email protected] .