LAST UPDATED: May 25, 2023
Please take a few moments to familiarize yourself with these terms and conditions.
- access and use of the the information technology assets consisting of applications (including without limitation desktop and mobile), software, communication services and other technology, websites and content including the website hosted at www.joincloudcure.com and any other web domain used by Cloudcure to communicate with users now or in the future (the “Cloudcure Technology Platform,” or “CTP”);
- access and use of services provided by Cloudcure, including the Cloudcure Technology Platform as well as personal health care navigation services, wellness services, communication services and other technology or personal services provided by Cloudcure (collectively, the “Services”)
Your use of the Services and, if applicable, participation in any health and/or wellness program accessible through the Services (the “Program”) may be subject to additional policies, rules, consent forms, statements of rights, and/or conditions (“Additional Terms”). These Additional Terms are incorporated herein by reference, and by accessing or using any aspect of the Services or using or participating in any aspect of the Program, you agree to also comply with the Additional Terms. In the event of a conflict between these Terms and any supplemental terms provided as part of a specific portion of the Services or Program, such supplemental terms shall control with respect to your use of that specific portion of the Services or Program
HEALTHCARE PROFESSIONALS (HCPs):
Healthcare professionals (“HCPs”) utilize the Services as a way to coordinate access to certain health care services for you through the Program. You may use the Services to connect via telehealth with HCPs who provide medical services for the Program. Each HCP exercises independent medical judgment in the delivery of care or advice through the Program
HCPs who deliver the Program through the Services are independent professionals practicing as independent contractors. Cloudcure does not offer medical advice or diagnoses, engage in the practice of medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by HCP, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession, college and/or license. Cloudcure not employ or in any way or control the HCPs providing care to you, and Cloudcure is not responsible for the quality or appropriateness of the care the HCPs render to you. Although some Content (as defined below) may be created and/or provided by physicians employed by Cloudcure, the provision of such Content does not create a medical professional/patient relationship between you and Cloudcure. None of the Content (other than information you receive from a HCP) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
You understand that lifestyle and accountability coaches and Cloudcure’s support, billing, customer service and administration teams are not HCPs.
The Cloudcure Technology Platform enables registered Users to access Health Services provided by Health professionals registered to practice in a province or territory of Canada such as Medical Doctors and Nurse Practitioners (collectively referred to as “Authorized Health Professionals”, “HCP”, or “HCPs”). Services Provided by HCPs are referred to as “Health Services”. Services provided may also include lifestyle and accountability coaching, which is not a regulated health profession in Canada (“Coaching”). In addition, administrative, billing and support services may be provided (“Support Services”).
The Health Services may be provided by interactive audio, video, messaging and other communication and media technologies, and may include diagnosing, treating, advising, and/or patient education. In addition, this may require electronic transmission of medical records, the storage of personal information and personal health information (collectively “Personal Information”), and the issuance of prescriptions and other documents. By purchasing our Services, you become a “User” and consent to HCPs providing Health Services through the Cloudcure Technology Platform.
THE SERVICES ARE NOT, AND SHOULD NEVER BE USED AS, A SUBSTITUTE FOR EMERGENCY MEDICAL CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
Cloudcure has no responsibility or liability for the deletion or failure to store or provide any Content maintained or transmitted by the Cloudcure Technology Platform. Cloudcure reserves the right at any time to modify or discontinue the Cloudcure Technology Platform (or any part thereof) with or without notice, and that Cloudcure shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Cloudcure Technology Platform.
Only HCPs may provide Health Services to users through the Cloudcure Technology Platform. Each Canadian province and territory has its own rules about who can provide telemedicine and the conditions for doing so. Depending on the regulations of your state or territory of residence, you may not be in a Canadian province or territory when a licensed medical professional is providing Health Services. We will indicate the jurisdiction in which our certified medical professional is located when we connect you for a consultation. In some cases, information may be available on our website.
Cloudcure or any HCPs providing Services through CTP do not provide primary care. If you do not have a primary care professional, we encourage you to find one. Cloudcure is not obligated to and may not provide your primary care professional with a report of the Health Services that you receive unless explicitly requested by the User. We strongly recommend that you notify your primary care professional that you received, and the reason for which you receive the Health Services so this can be taken into consideration. To assist you in providing that information, the Cloudcure Technology Platform enables you to send a summary of your Health Services to the Health professional of your choice, by written request. Please note that under no circumstances are Health Services provided by Cloudcure a replacement for healthcare and supervision provided by a primary care provider.
Your initial encounter with a HCP may begin as a consultation to determine appropriateness of receiving Services through telehealth, and will not necessarily give rise to an ongoing treatment relationship with any HCP. For example, a HCPmay determine that the Program is not appropriate for you or all of your treatment needs, and may elect to not provide certain clinical services or the Program to you through the Services. The HCPs or Cloudcure do not guarantee receiving any prescriptions, medications or treatments in any circumstances, as they must always be prescribed based on your HCP’s evaluation of your medical information and medical history, as well as diagnostics and other applicable criteria. Your HCP reserves the right to deny care for potential misuse of the Program or for any other reason including medical or ethical appropriateness. As part of providing clinical services, HCPs may order lab, imaging and other diagnostic tests, to be conducted at laboratories accredited and/or licensed in your province. In addition, Providers may prescribe prescriptions for medications available from third-party pharmacies. In each case, you may incur additional costs related to such tests or prescriptions depending on your available private or provincial health plan coverages. HCPs may also rely on information and materials you provide through the Services, including information and materials you may have received from your other health care providers.
As a term and condition of receiving Services from Cloudcure and through the Cloudcure Technology Platform, you acknowledge and agree to the following:
PAYMENT AND REFUND POLICIES
You acknowledge and agree to the following terms:
- The availability of Health services will depend on your province or territory of residence and your location at the time of the request as telehealth rules differ among provinces and territories;
- You may only request Health services for yourself and not for any other individuals or persons;
- Cloudcure Technology Platform cannot be used for emergency Health. If you believe you are dealing with a medical emergency, call 911 immediately or attend your nearest hospital emergency room;
- 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;
- 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);
- Medication reactions, side effects, or other adverse events may be reported to your primary care professional. If you do not have one, proceed to the nearest walk-in clinic or emergency room, or in an emergency call 911;
- You may only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you;
- Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law;
- You will not share your Cloudcure account or password with anyone and you must also protect the security of your user ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your Cloudcure user ID and account.
- You agree with the Informed Consent for Virtual Care and Electronic Communication as described at https://joincloudcure.com/informed-consent/.
In order to fully use the Website, you may be required to create an account. If you create an account, you agree to keep the contact information up-to-date and to protect the confidentiality of your password and any other information that is linked to your account, including by restricting access to your password, your computer/phone, and your account. You accept responsibility for all activities using your account, including all purchases made through it. You are responsible to monitor your password security, especially if it is used on more than one websites or services on the internet. In the event of a breach of security on a third-party website, you are responsible for updating your passwords on Cloudcure to maintain account security. Cloudcure recommends using a secure, independent password for accessing your account on our Cloudcure Technology Platform.
If at the date of termination of your account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
LIMITATION OF LIABILITY
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free. Any information on the Website is for general purpose only, and should not be a relied as medical, legal or travel advice. You hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.
OWNERSHIP AND PROPRIETARY RIGHTS:
All content on the Cloudcure Technology Platform, such as designs, graphics, illustrations, software, artwork, videos, music, sound, names, titles, phrases, logos, and marks, are owned or licensed by Cloudcure and protected by copyright, trademark, and other intellectual property laws.
Cloudcure expressly reserves all rights in the Cloudcure Health Platform and all materials provided in connection with these terms, which are not specifically granted to users. By using the Cloudcure Platform, you acknowledge and agree to the following terms:
- Fees for any Services including subscription fees collected by Cloudcure are non-refundable for any reasons, including but not limited to a lack of responses, follow-up, appointment booking or adherence by the user;
- Please note that you can cancel your membership in a Program or participation in the Services at any time by contacting email@example.com, but you are only eligible for a refund as described in this notice;
- By accepting a refund at any time, you are electing to withdraw from the Program and no longer be eligible to receive the Services;
- If you wish to cancel any services purchased within 72 hours of your purchase, you may request a full refund for the amount you paid by emailing firstname.lastname@example.org;
- If you want to cancel more than 72 hours after your purchase, but before your first Coaching or Healthcare Professional appointment, you may request a refund for the amount you paid, less a $200 fee to cover your account set up and our initial clinical coordination activites;
- If you fail to attend your initial Healthcare Professional appointment within 45 days of your purchase despite our providing of options to schedule the appointment, you are not entitled to a refund;
- If you have completed your first Healthcare Professional appointment, you are not eligible for a refund;
- From time-to-time, Cloudcure management may offer discounts, refunds or incentives at their own discretion for customer service reasons. The offering of a refund, discount or other incentive is not contractually obligated or implied, and does not imply an error or omission of any kind. Any such incentive offers may be revoked at any time by Cloudcure, without providing prior notice to any users or potential users;
- Cloudcure may require you to provide credit card information before accessing Health Services for card validation purposes. If the credit card information provided is inaccurate or declined during validation, you will not be able to access Health Services. You agree that Cloudcure may validate your credit card and place a hold on it for the amount of the fees. Cloudcure will inform you of any applicable fees and only process the charge to your credit card after you have obtained the corresponding Health Services;
- Third parties, such as public or private insurers, may pay for the cost of products provided to you through Health Services. If the Cloudcure Partner Pharmacy Network is filling your medication, Cloudcure has a contract with the third party, which discloses personal information, including your name, email, address, and other contact information, to pay for some or all of the set fees. Refer to our Privacy Statement for more information about the personal information we collect from third-party payers. Cloudcure is not a party to and does not control the agreement between you and the third-party payer; and
- If your medication or prescription is being filled by a Cloudcure Partner Pharmacy, you are not eligible for refunds on medication that have been filled prior to the pausing or cancellation of your account. If your medication goes unclaimed or delivery fails, your medication will be destroyed 1 month after your fill date if you fail to contact Cloudcure Support or the CPP.
- Cloudcure retains all right, title, and interest in the Cloudcure Platform and all materials provided, including the content, as well as any update, adaptation, translation, customization, or derivative work thereof, and all intellectual property rights therein.
- The Cloudcure Technology Platform and all materials provided are licensed and not sold to users, and any intellectual property rights remain with Cloudcure (or third-party suppliers, if applicable).
- Content from the Cloudcure Technology Platform may not be reproduced, duplicated, or copied without the express written consent of Cloudcure, except for personal confidential use. Users must abide by any and all copyright notices displayed on the Cloudcure Platform.
- Users may not attempt to decompile or disassemble, reverse engineer, or otherwise discover any source code contained in the Cloudcure Technology Platform.
- Users may not reproduce, duplicate, copy, sell, resell, or exploit any aspect of the Cloudcure Technology Platform for commercial purposes.
- Content from Cloudcure Technology Platform can only be used for your own personal and confidential use
- Users are not permitted to attempt to gain unauthorized access to the Cloudcure Platform or impair any aspect of the platform or related systems and networks.
LAWFUL USE ONLY
You understand, acknowledge and agree to the following terms:
- Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In order to protect your security, it is your responsibility to ensure that you keep secure and confidential all usernames and passwords used to access your account or the Website. You must not share those usernames or passwords with others. You must securely exit from your account at the end of each session.
You are responsible for all activity under and your Account. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security which you suspect may have occurred in relation to the Website.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising. We reserve the right to take any and all action that we deem necessary or reasonable to ensure the security of the Website and your account.
You are not permitted to have more than one Account on the Cloudcure Technology Platform.
- You may not use the Cloudcure technology platform and content for purposes other than private confidential and personal use;
- You must not transmit any worms or viruses or any code of a destructive nature that will or may be used in any way that may affect the quality, functionality or operation of the Service or of any related website, other websites, or the Internet;
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services including Health Services or Cloudcure Technology Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not solicit others to perform or participate in any unlawful acts;
- You may not harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any individuals on the Cloudcure Technology Platform, or any other users, or Cloudcure employees, contractors, HCPs, officers, directors, suppliers, affiliates, agents, or service providers on any media including digital, internet, television, radio or print media;
- Users may not frame, mirror, or incorporate the Cloudcure Platform or its content or any part thereof on any commercial or non-commercial website;
- Accessing, monitoring, or copying any part of the Cloudcure Platform or its content using any robot, spider, scraper, or other automated means or any manual process for any purpose without express written permission from Cloudcure is strictly prohibited;
- Users must not violate any restrictions in robot exclusion headers on the content or the Cloudcure Platform, or bypass or circumvent any measures employed to prevent or limit access to the platform;
- Actions that impose an unreasonable or disproportionately large load on the Cloudcure Platform are prohibited, as determined by Cloudcure in its discretion;
- Deep-linking to any portion of the Cloudcure Platform for any purpose, removing watermarks or legal or proprietary notices, modifying the platform or its content, and using the platform for sharing, lending, or multi-person use, or for any other institution except as specifically permitted by Cloudcure and only in the exact manner specified and enabled by Cloudcure are all prohibited;
- Users may not attempt to, assist, authorize, or encourage others to circumvent, disable, or defeat any security features or components that protect the Cloudcure Platform or its content;
- Copying, reproducing, modifying, distributing, transferring, selling, publishing, broadcasting, performing, transmitting, licensing, or circulating in any form any part of the Cloudcure Platform or its content is strictly prohibited;
- Creating derivative works based on the Cloudcure Platform or its content, in whole or in part, or decompiling, disassembling, reverse engineering, or otherwise exploiting any part of the platform or its content is prohibited.
- Users may not use the Cloudcure Platform in a manner that violates the rights of any third party, including intellectual property rights, or upload or transmit any user content that violates such third-party rights;
- You may not access Services through Cloudcure where prohibited by Federal or Provincial Law, Regulation or Order, or any other statute or court order;
- You may not collect or track the personal information of others;
- You may not engage in any of the following: spam, phish, pharm, pretext, spider, crawl, or scrape;
- You may not use the Services for any obscene or immoral purpose;
- Uploading or transmitting through the Cloudcure Platform any user content that is offensive, hateful, obscene, defamatory, or violates any applicable laws, as determined by Cloudcure in its sole discretion, is strictly prohibited.
As part of the Services, you may receive communications through the Services, including messages sent via electronic mail or text messages to your cellular phone (“SMS”). By signing up for our Services, you agree to receiving informationw e think may be of interest or use to you. Cloudcure and the HCPs may contact you by telephone, mail, text, or email regarding the Program or the Services or to verify your information, which may include your or your Family Member’s health information. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to update your contact information to ensure accuracy and confidentiality of your information. Your consent to conduct actions electronically covers all interactions between you, Cloudcure, the Coaches and the HCPs.
You consent to signing agreements and consents electronically, and agree that all notices, disclosures, and other communications that Cloudcure provides to you electronically satisfy any legal requirements that such notices and communications be in writing.
The Website, including any content on it, is provided on an “as-is” and “as available” basis. To the maximum extent permitted by law, we hereby disclaim all representations, warranties and conditions of any kind, whether express, implied, or statutory or collateral, including, but not limited to, any warranty or condition as to merchantability, fitness for a particular purpose, or non-infringement as they relate to our Services.
In addition, we do not make any representation, warranty, or guarantee (i) relating to the accuracy, or completeness, reliability, timeliness, quality, suitability, safety or availability of our Services, (ii) that our Services will meet your requirements, (iii) that the Website or any Application will be uninterrupted, secure or error-free, (iv) that messages or requests will be delivered or defects will be corrected, (v) that the Website or any Application is free of viruses or other harmful components. Information that is periodically updated may not be current at the moment you visit the Website or any Application and may contain errors, (vi) that the results that may be obtained from the use of the Services will be accurate or reliable, or (vii) that the service will be available for any period of time.
In no case shall Cloudcure, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces, territories, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
UPDATES TO THE SERVICES
Cloudcure is consistently working to improve the Services and Programs, and they may change over time. We may at our discretion add, change, improve, withdraw, suspend or discontinue any features of the Services or restrict access to all or part of the Services or the Program. Cloudcure reserves the right to remove any Content from the Services at any time, for any reason (including but not limited to alleged violation of these terms and conditions), in Cloudcure’s sole discretion, and without notice. Cloudcure also reserves the right to maintain, delete, or destroy all communications or information posted or uploaded to the Services in accordance with our internal record retention and/or destruction policies.
You represent and warrant that:
iii. Your use of the Website and any Application will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party;
- Your use of the Website and any Application will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
You may stop using the Services at any time. If you would like to discontinue a Program, please notify Cloudcure at email@example.com. All refunds eligibility will be determined in accordance and as described in this notice. Note that if applicable to your Program, termination of your participation in a Program is pursuant to the Cloudcure Informed Consent at https://joincloudcure.com/informed-consent/. If you signed up for a Program through your employer, then your participation in the Program may be subject to additional terms and conditions presented to you when signing up for the Program.
Cloudcure may, in its sole discretion, terminate your participation in the Program at any time for cause for the following reasons: (i) you repeatedly miss scheduled appointments, (ii) Cloudcure and/or the HCPs are unable to contact you for a period of time, (iii) you fail to pay any fees due, (iv) you harass or bully another individual while using the Services or conduct yourself in an indecent manner (including without limitation by attending any appointment wholly or partially nude); or (v) you fail to meet a Program’s enrollment criteria. Cloudcure may suspend or terminate your use of the Services and/or your Program if, in Cloudcure’s discretion, you violate the terms and/or any other agreement applicable to you. Your eligibility to receive a refund for a terminated Program is subject to the policies described within this notice.
Users must be over the age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website or any Application to those under 18.
In order to open an account (“Account”) and use the Cloudcure Technology Platform, you must be of an age of majority in your Province or Territory, possess the legal authority to enter into a binding legal obligation, register with Cloudcure, and act of your own free will.
USER GENERATED CONTENT
You acknowledge and agree to the following:
GOVERNING LAW AND DISPUTE RESOLUTION
WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Cloudcure or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Cloudcure otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
If we are unable to perform our obligations under this Agreement (including to provide any test results) due to the occurrence of one or more events beyond our reasonable control, the time for our performance of those obligations will be extended for the duration of those events.
UPDATES TO THESE TERMS:
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.