LifePath is a platform for transmission and communication of Personal Information (“PI”) and/or Personal Health Information (“PHI”) between you and a physician. It is provided and made available to you by Elastic Care Inc. (“Elastic Care”, “we”, “us” or “our”) through the Elastic Care mobile phone application (the “App”) and the LifePath software application hosted on Elastic Care servers. The App and the LifePath software application are collectively, referred to as the “Platform”.
- Binding Agreement
You will also be bound by a Consent to Use Electronic Communications Form which you must read, complete and sign before you use the Platform. The Consent to Use Electronic Communications Form is made available CONSENT TO USE ELECTRONIC COMMUNICATIONS. This form describes the risks and limitations of using electronic communications to transfer Personal Information and Personal Health Information.
- Provision of the Platform
You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.
- Designated Physicians
ELASTIC CARE IS NOT A HEALTHCARE SERVICE PROVIDER. This Platform allows you to directly communicate certain PI and PHI to a licensed and/or accredited Medical Professional, more specifically a Physician whom you designate to receive your PI and PHI (the “Designated Physician”). Any Designated Physician from whom you receive any health related diagnoses, advice, consultation, treatment, therapy, medication or other health related service or information (“Health Related Service”) must be an independent, regulated medical professional registered to practice medicine in the province, state, territory or country in which you reside and/or where you use the Platform or App. Elastic Care is not involved in, and does not recommend, recognise, suggest or otherwise propose any person to be your Designated Physician. The relationship between you and your Designated Physician is a direct physician-patient relationship. Elastic Care is not a party to that relationship in any way.
While using the Platform, you and your Designated Physician may send, receive or exchange your medical history, symptoms, and other PI and PHI. The Designated Physician may use the information that is made available through the Platform to assess your condition and may discuss Health Related Services with you. You agree that you will be solely responsible for the consequences of using the Platform to ask for and/or receive Health Related Services, and that Elastic Care shall not be responsible, in any way for the content, timeliness, accuracy, quality or suitability of any information you send to, or receive from your Designated Physician or for any Health Related Service you receive from any health or medical professional.
There are limitations and potential risks associated with using the Platform, which you must be aware of. By using the Platform, you acknowledge and accept that you have understood these risks and that you accept them. The limitations and potential risks include, but are not limited to, the following:
- Degradation or loss of Internet and/or other connectivity, which may impede or prevent communications.
- Not all health conditions can be adequately assessed through the medium of the App.
- Your Designated Physician may not have access to your most recent, relevant or up-to-date medical records. This may result in an inaccurate assessment and/or treatment.
- Although Elastic Care protects your personal information and personal health information through physical, technological and administrative safeguards, there is no guarantee against data breaches. This may result in the unauthorized collection, use and/or disclosure of your personal health information.
- The Platform is not intended to replace your existing medical providers, such as your family doctor.
IMPORTANT: DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY YOU MUST CONTACT EMERGENCY SERVICES IN YOUR AREA OR GO TO THE NEAREST HOSPITAL OR HEALTH CENTER.
- Health Related Service
All Health Related Service on the Platform are expected to be, and must be, provided by a registered Medical Professional who is licensed or permitted to practice medicine by the regulatory authority in the province, territory, state or country where you are located at the time you use the Platform.
ELASTIC CARE PROVIDES A TECHNOLOGY PLATFORM THAT CONNECTS YOU WITH MEDICAL PROFESSIONALS. THESE MEDICAL PROFESSIONALS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL MEDICAL SERVICES PROVIDED TO YOU ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO MEDICAL ADVICE, DIAGNOSES, TREATMENT AND ANY MEDICAL PROCEDURES OR PROCESSES. ELASTIC CARE DOES NOT SUPERVISE, PARTICIPATE IN OR HAVE ANY CONTROL OVER THE PROVISION OF HEALTH-RELATED SERVICES, THE MATERIALS, TOOLS OR METHODS USED, THE TREATMENT OR ADVICE PROVIDED OR THE CONDUCT OF ANY MEDICAL PROFESSIONAL. NEITHER ELASTIC CARE NOR ANY OF ITS AFFILIATED COMPANIES OR PARTNERS SHALL BE HELD LIABLE FOR ANY HEALTH-RELATED SERVICE PROVIDED TO YOU BY ANY MEDICAL PROFESSIONAL.
- No Guarantee
Elastic Care does not verify the credentials and quality of the Medical Professional or your Designated Physician. We do not confirm their competency or their proficiency in any practice area in which they offer their medical services. We make no guarantees or representations regarding their skills or representations of the quality or accuracy of the Health-Related Services that such Medical Professionals may provide.
ELASTIC CARE DOES NOT GUARANTEE OR WARRANT ANY MEDICAL PROFESSIONAL’S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE MEDICAL SERVICES PROVIDED BY THEM.
- User Accounts
In order to use the Platform, you must register for a User Account (“Account”). To register for an Account you must
- Be 14 years or older
- Download the LifePath app
- Connect with your Designated Physician
- Accurately enter and submit any PI or PHI that you are asked for
- Exercise due care and caution in dealing with any illness at all times
You agree that you will not allow any other person to use the App to send any information, including PI or PHI to your Designated Physician or to anyone else. If such person wishes to use the Platform, he or she must download and use their own App with the Platform.
As part of the registration process on the Platform, you will be required to provide certain Personal Information such as your full name, date of birth, email address, phone number, and mailing address. You may also be required to provide with other PI or PHI. You agree that you will provide accurate, current and complete information about yourself and promptly update all information to ensure that the information relating to you, is accurate, current and complete. You may update or change your App settings at any time. You are not permitted to transfer, lend or sell your Account to any other person nor provide any person with access to your Account.
- Minors and Dependents
A child aged less than 14 (a “Minor”) or a child/spouse who lacks the necessary capacity to give valid consent (each being a “Dependent”) is not permitted to register for an Account or to use the App.
You shall not use a Dependent’s App or Account to obtain Health Related Services for the Dependent unless you are the legal guardian of the Dependent; you must not use your Dependent’s App or Account for that Dependent solely on the basis of your family relationship to the Dependent.
- Account Confidentiality
You agree that the App and the Platform will only be used by you and that you will not share your App or password to access the App with anyone. You also agree that, for any device on which you can use a biometric identifier to automatically enter your password for the App, including but not limited to a fingerprint or facial image, you will not allow any other person to store their biometric identifiers on that device. You must notify us if you become aware of any potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
- Account Termination and Cancellation
We may terminate, suspend or otherwise restrict or prohibit your access to and use of the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You have the right to close your Account and to stop using the Platform at any time. Please see the Termination and Cancellation section below for more details.
You acknowledge and agree that if we disable your access to the Platform you may still be able to access records of your past Health Related services and any PI or PHI stored on your App on your mobile phone or device. However, you will be unable to initiate any new communication with your Designated Physician Consultations or obtain further Health Related Services using the LifePath App.
- Privacy and Personal Health Information
We may send you certain communications in connection with your use of the Platform. For example, we may send you reminders to send information in to your Designated Physician as well as other information about your use of the Platform. We will send you such communications in respect of your PHI through our Platform. We will also try to send any other communications to you via secure channels. However, when we are unable to contact you via secure channels, we may be required to use an unsecured messaging system.
- Appropriate Use of the Platform
Your use of the Platform is subject to all applicable local, provincial, territorial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose.
You agree that you will not record and/or distribute in any way, manner or form the App without our prior written authorization. In addition, you agree that you will not use the Platform to:
- Promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam.
- Promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
- Upload, post or otherwise make available any material that contains viruses, malware or other malicious software.
- Upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party.
- Knowingly provide any false information or make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity.
- Engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform.
- Engage in any activity that attempts to extract any proprietary software used to maintain the Platform; or
- Track, trace or harvest any information on any person who visits the Platform.
- Speech and Conduct
If you communicate with Elastic Care you agree that you will refrain from inappropriate language or conduct regardless of whether or not that language or conduct is specifically directed at the individual you are communicating with. Inappropriate language includes but is not limited to speech that is abusive, harassing, vulgar, hateful or defamatory, or which discriminates against other persons based on gender, race, religion, ethnicity, sexual orientation, family status or disability. You also agree that you will not attempt to communicate with any Elastic Care employee through any means other than the email address or phone number we provide to you for this purpose.
- Data Charges and Fees for Use of the Platform
You may access and use the Platform through the App loaded onto a mobile device or, via a web browser, where provided. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform from such devices.
- Geographic Limitations
You acknowledge and agree that the Platform may not be available when you are outside of the areas where the Platform is being offered.
Elastic Care is providing you with the use of the Platform at no charge as a service to the community. However, you should be aware that your Designated Physician or other Medical Professional may require you, or your Health Insurance Provider to make payments in respect of any Health-Related Service that you use from them. Elastic Care is not involved in any such financial transactions and receives no compensation or payment from these, or any other parties in this regard.
When you communicate with and/or receive Health Related Services from your Designated Physician you agree that you are entering into a direct business relationship with your Designated Physician. The Elastic Care App and Platform is only used to create a medium of communication for the transfer of information between you and your Designated Physician
YOU AGREE THAT YOU WILL PAY YOUR DESIGNATED PHYSICIAN AND/OR ANY OTHER MEDICAL PROFESSIONAL OR ORGANISATION DIRECTLY, FOR ANY HEALTH RELATED SERVICES YOU RECEIVE, WHICH YOU ARE REQUIRED TO PAY FOR, PURSUANT TO USING OUR PLATFORM. FURTHERMORE, YOU AGREE THAT ELASTIC CARE HAS NO OBLIGATION WHATSOEVER, TO MAKE ANY PAYMENT, OR TO INTERMEDIATE ON YOUR BEHALF WITH ANY PERSON ORGANISATION OR ENTITY, IN RESPECT OF ANY HEALTH RELATED SERVICES WHICH YOU OBTAIN THROUGH USE OF THE LIFEPATH PLATFORM.
Any and all disputes between you and your Designated Physician, Medical Professional or other party are between you and your Designated Physician, Medical Professional or such other party and not with us. Under no circumstances do we have an obligation to be involved in or resolve any dispute or provide a refund to you. Neither you, nor your Designated Physician, Medical Professional or any third party shall have any claim against us arising from a dispute or your resolution of a dispute. You release us from all claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Links to Third-Party Sites
Any third party links you use, arising out of, or in connection with your use of the Platform are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. Your use of any third-party links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any third-party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
- Ownership of Intellectual Property Rights
The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Contents.
You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.
- Termination and Cancellation
We may terminate your use of the Platform and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability.
If you wish to cease use of the Platform you may do so by any of the means below:
- By not using the App or the Platform for fifteen days or more.
- By removing the app from your mobile device.
- By informing us by email.
Your Account will be closed provided that (i) any disputes with us, in which you have been involved have been satisfactorily resolved; (ii) you have met any payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.
- Third-Party Information
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Medical Professionals, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
- Warranty Disclaimer
Some provinces, territories, states and countries do not allow for the exclusion of warranties. In these provinces and territories, you have only the warranties that are expressly required to be provided in accordance with applicable law.
In all other some provinces, territories, states and countries except as expressly provided herein, your use of the Platform is provided to you “as is” and “as available”. We expressly disclaim all other representations, warranties, and conditions, express or implied, including, without limitation, any representation, warranty or condition of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the platform, is that you are free to discontinue your use of the platform at any time.
- Limitation of Liability
Some provinces, territories, states and countries do not provide exclusion of limitation of liability for all types of damages. In such locations, we will only be liable to you for damages that we are expressly required to be liable to you under applicable local law.
In any other case, you expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with your use of the platform, however caused and under any theory of liability including, but not limited to, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.
The limitations on our liability to you in this section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
We shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet, electronic communications, telecommunications networks or other systems or networks outside our reasonable control.
- Obtaining Consent