Informed Consent for Virtual Care and Electronic Communication:
Cloudcure Inc. (“Cloudcure”, as follows “we” or “us”) updated this Informed Consent on June 18, 2023.
The terms on this page are important information that govern your access to this website, purchase of products and services through Cloudcure, and constitute a legal agreement. Please take a few moments to familiarize yourself with these terms and conditions.
By accessing any part of the Website, or any Application, or by purchasing our Services, you agree to be bound by these terms. By proceeding, you are also confirming that you have read and fully understood these terms. If you do not agree to or understand all of these terms in this agreement, then you may not access the Website, or any Application, or purchase our Services.
The terms in this Informed Consent for Virtual Care and Electronic Communication should be read in conjunction with any other rules, guidelines, or policies posted on the Website.
Key definitions:
1. You acknowledge that you have read, understood and accept the inherent and possible risks, limitations and conditions of use for electronic communication, processing and data services, including Cloudcure Technology Platform (“CTP”), as fully described in the Cloudcure Terms of Use;
2. You understand that Cloudcure may process, store, communicate and share your personal information, including information about your medical history, health, symptoms, diagnoses, laboratory or diagnostic tests, and treatment plans with Authorized Health Professionals (“HCPs”), as defined in the Terms of Use, which includes but is not limited to Medical Doctors, Nurse Practitioners, and Pharmacists who provide services through Cloudcure or CTP. All HCPs and Authorized Health Professionals are independent third-parties who have chosen to use the CTP to provide Health Services. HCPs are not employees or otherwise acting on behalf of Cloudcure in providing Health Services;
3. Cloudcure may also process, communicate and store your personal information, including information about your medical history, health, symptoms, diagnoses, laboratory or diagnostic tests, and treatment plans with clinical and administrative teams that support operations (“Non-HCPs”). Non-HCPs may include support individuals who may be employed by HCPs directly, independent third-party health coaches who provide coaching services, as well as includes administrative, support staff contracted or employed by Cloudcure to facilitate operations through CTP;
4. This consent governs your access to and use of services provided by Cloudcure Inc. (“Cloudcure.” “we,” “us,” or “our”), including the website www.joincloudcure.com, and any associated websites, mobile sites, applications (including without limitation desktop and mobile), products, and software services that include personal health care navigation services, wellness services, communication services and other technology or personal services provided by Cloudcure (collectively, the “Services”);
No Emergency Services:
5. THE CLOUDCURE TECHNOLOGY PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST HOSPITAL EMERGENCY ROOM;
6. Cloudcure does not provide urgent care or treat medical emergencies;
7. Please note that under no circumstances are Health Services provided through Cloudcure or through CTP a replacement for Health Services provided by a primary care provider. Cloudcure and HCPs providing services CTP encourage you to find a primary care provider for your overall health;
8. Cloudcure does not directly dispense any medications or supplements and is not a licensed pharmacy or pharmaceutical manufacturer;
9. HCPs providing services through Cloudcure do not provide emergency care, urgent care or primary care, or dispense any medications or supplements outside of the narrow scope of obesity and non-emergent, chronic metabolic health issues;
Membership options:
10. Cloudcure offers various Programs for membership (“Membership Options”), each with its own services and fees (“Membership fees”). Any payment terms presented to you during the process of using or signing up for a Membership Option are deemed part of this Agreement. If Membership Fees are not paid when due, you may be terminated from the Program and no longer have access to the Services;
11. You are solely responsible for payment of all Membership Fees. Cloudcure uses a third-party payment processor (the “Payment Processor”) to collect Membership Fees (your “Billing Account”). Processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Currently, Cloudcure uses Stripe as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/en-ca/legal/end-users and their Privacy Policy at https://stripe.com/en-ca/privacy. Cloudcure is not responsible for any acts or omissions of the Payment Processor;
12. By choosing to use or otherwise participate in a Program, you agree to: I) pay Cloudcure, through the Payment Processor, the Membership Fees for the Membership Option you have selected in accordance with the applicable payment terms; and II) you authorize Cloudcure, through the Payment Processor, to charge your bank, financial institution or credit card (your “Payment Method”) for all payments due for services, prescriptions and medications when provided through CTP. Cloudcure reserves the right to correct any errors or mistakes made by the Payment Processor even if the Payment Processor has already requested or received payment. Depending on your Payment Method, certain terms related to your payment may be set forth in agreements between you and your bank, financial institution, credit card issuer or other provider of your chosen Payment Method. If Cloudcure does not receive payment from you through the Payment Processor when due, you agree to pay all amounts due on your Billing Account upon demand. You must provide current, complete and accurate information for your Billing Account and promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). If you do not maintain accurate Billing Account information then Cloudcure may continue charging you for any use of the Program under your Billing Account up and until this Agreement and your Program is terminated;
13. Some Membership Options may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges. By choosing a recurring payment plan, you acknowledge that such Membership Option has an initial and recurring payment feature and you accept responsibility for all recurring charges that you agreed to when purchasing your Program. You shall remain responsible for all applicable recurring charges in the event that your Program is terminated prior to its completion;
Availability:
14. Cloudcure and Services via CTP are only available to individuals located in Ontario. As the rules regarding virtual care may differ by provincial and territorial law, the Health Services available to you will depend on your jurisdiction of residence and your location at the time of requesting services;
15. Additionally, the Services are limited to users located in Canada. Access to the Services from countries or territories or by individuals outside Canada or provinces where the Services are not available is prohibited;
16. Certain products available through the Services are subject to additional age restrictions and not all products or Services on our Platform are available to all ages;
17. In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from, a healthcare provider. For example, certain medical conditions may require an in-person procedure or a visit to a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or is otherwise not appropriately addressed through use of the Services. In such a case, you may receive notification that you will be unable to continue using the Services. We reserve the right to change or include new requirements or modify the availability of the Services in our sole discretion without providing prior notice to you;
Participating in a Program:
18. Following your purchase of a Program, you must attend an initial appointment with a HCP and, if coaching is included in your Program, an initial coaching session. If you do not attend both your initial HCP appointment and your initial coaching session (as applicable), within 75 days of purchase, then Cloudcure may terminate your Program;
19. During your Program, you are expected to comply with additional Program requirements, including, but not limited to, the terms of your Cloudcure Client Commitment that is included in your Program curriculum, which is available at www.joincloudcure.com/client-commitment/. You understand and agree that Cloudcure may modify or remove components of your Program and may suspend and/or terminate participation in a Program if you fail to comply with any of the requirements set forth in this Agreement;
Scope of services provided:
20. Cloudcure or CTP is not to be used for medical emergencies or other time-sensitive matters;
21. CTP connects you with HCPs for providing Healthcare Services. The platform provides access to registered health services through HCPs and licensed pharmacies, but is not registered to provide these services itself;
22. You acknowledge and understand that HCPs providing healthcare or other services on the CTP do not have access to your complete medical history and prior records, and are unable to physically examine you. As a result of this limitation, they are relying on you to provide an accurate and honest description of your medical history, and report certain information or physical parameters when requested. Your medical history or information must be accurately provided by you as it may be taken into consideration for your treatment plan;
23. You understand and acknowledge that withholding or misrepresenting information such as personal and family medical history has the potential to harm your health and you are strongly encouraged to provide all relevant facts requested by your HCP in an accurate and complete manner. Cloudcure or HCPs cannot be held responsible for any reactions or health outcomes due to withheld, concealed, or misinformation;
24. As with any Health Services, no results can be guaranteed or assured. Cloudcure or any HCPs are in no way or form providing any guarantees, warranties or assurances with respect to any expected therapeutic benefits or health results as a result of any services received;
25. HCPs may determine that some Health Services or products are not clinically appropriate for some or all of your treatment needs, or that they are not permitted or qualified to provide certain services you require, and may not elect not to provide Health Services to you. HCPs also have the discretion to discontinue the provision of Health Services to you at any time and for any reason;
26. You agree that you will seem emergency help or follow-ups if and when recommended by a HCP
27. You agree that for certain conditions or findings, a HCP may advise you to seek care through Primary care such as a family doctor, walk-in clinic or other similar healthcare organization. You agree that you are responsible for completing these recommended visits, seeking advice or treatments;
28. HCPs using Cloudcure Technology Platform are solely responsible for the provision of medical and clinical services, including compliance with standards of care and other professional obligations;
29. All Healthcare Services, including diagnoses, treatments, prescriptions, and others, will be provided exclusively by HCPs or under their supervision as they deem appropriate;
30. HCPs using Cloudcure Technology Platform have the discretion to refuse or discontinue provision of healthcare services to any user, including for potential misuse of the services by a user, appropriateness or safety of patients and other reasons.
31. Health or Wellness Coaches who provide general nutrition, exercise, healthy habits, and lifestyle advice are independent coaches who have chosen to use CTP to provide coaching services not considered a regulated profession or activity requiring a license in Canada. Coaches are independent providers, and are not employees or otherwise acting on behalf of Cloudcure in providing Coaching services
32. Cloudcure and/or HCPs reserve the right to refuse Services to anyone for any reason permissible by law, at any time; We reserve the right at any time to modify or discontinue any Services; We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited;
Non-medical information and advice:
33. Certain functionalities within CTP may not be used for therapeutic purposes such as medical treatment or clinical information. Where applicable, these functionalities may be limited to education, lifestyle changes, information and administrative purposes;
34. CTP may make features available to help track improvements and build healthy habits, which may or may not contribute to improved health over time. However, these features are not provided as medical advice. Any questions regarding these features or interpretation of these features should be presented to your HCP or your primary care provider for clarity. You agree to not attempt self-treatment based on any information or features within CTP unless explicitly instructed by a HCP, or without consulting a licensed medical professional such as Medical Doctor, Nurse Practitioner or Pharmacist;
Prescriptions:
35. Although your HCP may prescribe certain medication(s) for you as part of your Program, the cost of any such medication is not included in your Membership Fees;
36. Your prescriptions may be filled by an independent, third-party licensed pharmacy in Canada which acts under contract with Cloudcure for preparation of pharmaceutical treatments, patient counselling, and prescription delivery. These pharmacies are referred to as Cloudcure Pharmacy Partners (“CPP,” or “CPPs”), and altogether referred to as the Cloudcure Pharmacy Network (“CPN”);
37. When having your prescription fulfilled by a CPP or within the CPN, it will be automatically transferred to any of our licensed third-party pharmacies to route your prescription in the most efficient method available to Cloudcure;
38. A User may opt-out of these services by choosing to receive a prescription to a pharmacy outside of CPN at any time by providing a written request within 24 hours of signing up for the service. Given the User’s direction and instructions, Cloudcure will transmit the User’s prescriptions to the User’s pharmacy of choice. If a user is opting out of filling their prescription in the CPN, Cloudcure will not be able to advise on insurance coverages for any drugs or medications and the medications will not be delivered directly to the user;
39. If your medication is being filled by a member of the Cloudcure Pharmacy Network, it is not eligible for refunds on medication that have been filled prior to the pausing/cancellation of your account. Furthermore, should your medication go unclaimed at the delivery professional’s location or delivery fails for any reason, then your medications will be destroyed 1 month after your fill date should you fail to contact Cloudcure Support or the partner pharmacy, unless the expiration date for the products is generally less than a month and in this case this medication will be destroyed at the time of expiration. No refunds are provided for medications that have been destroyed;
40. You agree and provide consent for Cloudcure Pharmacy Partners to contact you, including by SMS message, mail, email and/or via the use of an automatic telephone dialing system, artificial voice, and/or prerecorded messages, for purposes of providing pharmacy services to you;
41. You understand and agree that as part of the Program services, Cloudcure’s partner pharmacy may apply to a pharmaceutical company for a coupon or discount program for you or on your behalf and you consent and authorize Cloudcure to apply for, and take action necessary to complete such application, coupons or discount programs for you or on your behalf. If you, or Cloudcure utilize such coupon or discount program to reduce the out-of-pocket cost of your medication, then you understand and agree that you are subject to the terms and conditions of such coupon;
42.Prescriptions fulfilled by the pharmacies in CPN may not use child-resistant packaging, and prescription products may not be dispensed in child-resistant containers;
43. Any prescriptions you acquire from an HCP are solely for the use of the individual named on the prescription. You agree to fully and carefully read all provided product information and labels, and contact a licensed healthcare professional such as a medical doctor, nurse practitioner or pharmacist if you have any questions regarding the treatment, prescription or medication;
Secure communication:
44. You acknowledge and understand that Cloudcure recommends that encrypted software should be used as a security mechanism to communicate with HCPs or Non-HCPs when accessing services through the Cloudcure Technology Platform;
45. If you choose to initiate communication or use unencrypted software or email, or request that an HCPs or Non-HCPs provide services through the Cloudcure Technology Platform interact with you using unencrypted technology, you accept the heightened risks associated with the use of virtual care tools and electronic communication (as outlined in more detail in this agreement);
46. You acknowledge that either you or individuals providing any services through the Cloudcure Technology Platform including HCPs, may at any time withdraw the option of communicating electronically through the Cloudcure Technology Platform by closing my account, cancelling the services, or otherwise providing written notice;
47. While HCPs and Non-HCPs will attempt to review and respond in a timely fashion to any electronic communications, there is no guarantee for reviewing or responding to all electronic communication. Further, there is no guarantee of reviewing or responding to any communications within any specific period of time;
48. Electronic communication or virtual care is not an equal substitute for in-person clinical examinations, which may be required for some individuals as per HCP’s discretion;
49. If your electronic communication requires or invites a response from an HCP or Non-HCP, and you have not received a response within a reasonable time period, it is your responsibility to follow up to determine whether the intended recipient received the transmitted communication, and when the recipient will respond;
50. Electronic communications regarding your health, diagnosis, or treatment may be printed or transcribed in full and made part of your medical records or patient charts;
51. Non-HCPs including administration, management, customer service, and billing personal may have access to electronic communications;
52. The HCPs may forward electronic communications to staff including other HCPs. Non-HCPs, CPPs, and those involved in delivery and administration of any services through CTP to you;
53. The HCPs will not forward electronic communications to third parties, including your family members without your prior written consent, except as authorized or required by legal obligation;
54. Cloudcure, HCPs or Non-HCPs are not responsible for information lost due to technical failures associated with the software or your devices, operating systems or service providers;
55. You acknowledge that you have received an opportunity to ask any questions prior to requesting services, and confirm that all your questions have been answered. If you have any further questions or concerns at any point regarding the handling or storage of your personal information on the Cloudcure Technology Platform, you understand that you can review the Cloudcure Privacy Statement at https://joincloudcure.com/privacy-statement/, or reach out to the Cloudcure Privacy Officer at:
Cloudcure Inc.
Attention: Privacy Officer
Suite 200 – 2020 Winston Park Dr. Oakville,
Ontario, Canada L6H 6X7
Instructions for communication:
When communicating through CTP, you must follow these practices:
56. Provide updated and accurate contact information including email, phone numbers, addresses and other account information necessary to communicate via the CTP;
57. Promptly update any contact information in the event of changes;
58. Never use CTP for medical emergencies. When requiring immediate assistance or if your condition appears serious or rapidly worsening, directly call 911 or go to the nearest Emergency Department, Hospital, or Urgent Care clinic;
59. Conduct all virtual care encounters and video conferences in a private setting, using a secure device, software and network connection.;
60. Obtain the HCP or Non-HCPs consent prior to making any recordings of the virtual encounter;
61. Reasonably limit or avoid using an employer or other third party’s devices and computers;
62. Avoid using public networks, devices or computers for CTP or any health data or encounters;
63. Take precautions to protect confidentiality of electronic information such as by using password protection, two-factor authentication, biometric authentication or other strong security measures;
Risks of using virtual care tools and electronic communication:
You acknowledge and accept the risks inherent in accessing virtual care and use of electronic communication:
64. HCPs and Non-HCPs will use reasonable means to protect the privacy, security and confidentiality of all information sent and receiving using the CTP. Despite reasonable efforts to protect privacy, confidentiality and security of data communicated through CTP or other electronic means, it is not possible to guarantee complete or absolute security of all data;
65. Online services, employers or insurers may have a legal right to inspect and keep electronic communications that pass through their or 3rd party systems and technologies;
66. Electronic communications can introduce malware, viruses, trojans or compromised software into a computer system, which can potentially damage or disrupt the devices, operating systems, software, networks and security systems associated with these devices;
67. Electronic communications can be intercepted, misdirected, forwarded, lost, circulated, stored, altered, or otherwise compromised without the knowledge or permission of HCPs and Non-HCPs;
68. The privacy and security of electronic communications cannot be guaranteed;
69. Even after a sender and receiver of electronic information, including but not limited to emails, have deleted copies of the communications, backup copies or fragments may exist on computer systems or networks;
70. Electronic communications may be disclosed in accordance with legal authority of a government body or a court order;
71. Some video conferencing platforms may be more open to being intercepted than other forms of video conferencing;
72. If you choose to communicate with HCPs and Non-HCPs over email (encrypted or unencrypted), you understand and accept the following additional risks; [A] Email addresses can be easily misaddressed, resulting in unintended recipient; [B] Email will become part of patient or client records and can be used as evidence in court; [C] Email is vulnerable to delays, interruption or other failures; [D] Email can be more easily misdirected or intercepted, resulted in increased risk of being received, accessed, viewed, forwarded or shared by unintended or unknown recipients. This risk is increased when using unencrypted software, technologies or networks; [E] Email can be easier to falsify that handwritten or signed hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the intended recipient can read the message once it has been transmitted by the sender;
Term and termination:
73. Cloudcure may, in its sole discretion, not accept this Agreement and return your Membership Fees to you. If Cloudcure accepts this Agreement, then the term of the Agreement (and your ability to participate in a Program) will begin on the date Cloudcure receives your Membership Fees and last for the length of the Program you purchased (the “Term”) unless terminated sooner by either party;
74. You may terminate this Agreement and your participation in the Program at any time by contacting hello@joincloudcure.com. Upon termination, you may be eligible for a refund as set forth in our Refund Policy, which is available at www.joincloudcure.com/refund. Cloudcure may terminate this Agreement and your Program, and/or modify or remove components of your Program at any time, if you fail to comply with this Agreement. In that event, you will not be eligible for any refund;
Other terms:
75. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any Cloudcure Technology Platform asset is inaccurate at any time without prior notice (including after you have submitted your order);
76. For additional information and terms, please refer to Cloudcure Terms of Use at https://joincloudcure.com/terms-conditions/;
Force Majeure:
77. We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster;
Indemnity:
78. You agree to defend, indemnify and hold Cloudcure and its affiliates and their respective officers, directors, managers, partners, employees, agents, licensors, and suppliers harmless from and against all third-party claims, demands, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) against or incurred by Cloudcure arising out of your: (1) breach of these Terms; (2) violation by you of any and all applicable laws, regulations or rules; or (3) your use of material or features available through the CTP in an unauthorized manner. Notwithstanding the foregoing or anything to the contrary herein, Cloudcure will only exercise its rights in this section after addressing applicable claims with your employer or health plan should you be accessing the Services through your employer or insurance plan;
Third-Party Distribution Channels:
79. Cloudcure offers software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services;
Headings:
80. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Entire agreement:
81. This Agreement sets forth the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements. Cloudcure reserves the right to change this Agreement at any time by providing prior notice through the Services and/or by sending an email to your email address of record. Notwithstanding the preceding, Cloudcure agrees that it will not change any provisions related to your Membership Fees retroactively. If you do not agree with the updated Agreement, you may reject it by emailing hello@joincloudcure.com; if you reject the updated Agreement, you will no longer be able to use or otherwise participate in the Program and your ability to obtain a refund shall be subject to our Refund Policy. If you continue to use or otherwise participate in the Program in any way after a change to this Agreement takes effect, that means you agree to the updated Agreement. Except for changes as described herein, no other amendment or modification of this Agreement will be effective unless in writing and signed by both parties.
