Terms of Use Agreement

Last Updated October 30, 2023

This is a legal agreement (“Agreement”) between you and Virtual Health Clinic, a registered Ontario company who provides services via the Virtual Health Clinic platform (“Virtual Health Clinic”), and may be contacted at admin@virtualhealthclinic.com

By checking “I agree” to the Terms of Use when registering for an account to use any of the Services, as defined below, either through the Virtual Health Clinic website or app (herein jointly referred to as the “Application”), you acknowledge that you have read, understood and agree to comply with and be bound by the terms and conditions of this Agreement for as long as you continue to use the Services. If you do not agree with the Agreement, do not use this Application.

Virtual Health Clinic uses the Virtual Health Clinic platform, which is a platform accessed via web browser or a downloaded app that (1) allows patients to book appointments with a healthcare professional and manage their schedule; (2) enables patients to receive appointment reminders via email and/or text message; (3) provides the opportunity for healthcare professionals to conduct virtual medical appointments with patients via video feed, audio and chat functionalities; (4) offers patients health monitoring tools such as triage and symptom checkers and permits upload of a user’s own health information; and (5) collects demographic and health information for use in primary healthcare and business analytics (herein referred to as the “Services”). Virtual Health Clinic may offer additional services or revise any of the Services at its discretion, and this Agreement will apply to all services or revised Services. Virtual Health Clinic reserves the right to discontinue offering any of the Services.

The Application is intended for persons twelve (12) years or older. Persons under the age of twelve (12) should not access, use and/or browse the Application or the Services, unless under the supervision of a parent or legal guardian.

Ontario Health has established provincial standards for virtual care solutions through the Virtual Visits Verification Program (“VVV”). Virtual Health Clinic has attested that it and its Virtual Health Clinic platform meets all mandatory requirements as specified in the Virtual Visits Solution Requirements (“the Requirements”). Program information, including the Requirements, Terms and Condition, the Verified Solutions List and process information for Solution Providers to participate in the program, are found at ontariohealth.ca/verification. Solution Providers are required to meet all Mandatory Requirements for patient-to-provider video and/or secure messaging, as applicable and as specified in the Virtual Visits Solution Requirements (“Requirements”).
  1.  Acceptance of the Agreement

    You agree to the terms and conditions, without modification, outlined in this Agreement. This Agreement may be changed by Virtual Health Clinic from time to time without specific notice to you, by updating this posting. This Agreement constitutes the entire and only agreement between Virtual Health Clinic and you, and supersedes any prior agreements, representations, warranties and understandings with respect to the Application, the content or services provided by the Application, and the subject matter of this Agreement. By agreeing, Virtual Health Clinic grants to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Application in accordance with this Agreement solely for personal reasons and not for resale or to provide services to third parties.

    By accepting this Agreement and during your any subsequent access and use of the Application, at all times you represent and warrant to Virtual Health Clinic that (1) any information you provide at any time to Virtual Health Clinic is true, accurate, and complete; (2) that you have all necessary rights to provide any information, data, materials or content to Virtual Health Clinic for the purposes described in this Agreement; (3) that at all times during this Agreement, you shall not communicate with any Healthcare Provider that is not in compliance with any applicable municipal, provincial or local, domestic or foreign legislation (as applicable); and (4) that you agree to hold any software and other confidential or proprietary information disclosed under this Agreement by Virtual Health Clinic in strict confidence and not to use such information for any purpose except as expressly permitted hereunder.

  2.  Services are not medical advice

    The Virtual Health Clinic platform is a technology platform that enables users to connect with Healthcare Providers for the provision of Healthcare Services. While Virtual Health Clinic facilitates access to Healthcare Services provided by Healthcare Providers, it is not registered to provide Healthcare Services and does not do so as more particularly described below. The Virtual Health Clinic does not provide patient care or patient medical services itself.

    Healthcare Providers are independent contractors who have chosen to use the Virtual Health Clinic platform to provide Healthcare Services. Healthcare Providers are not employees or otherwise acting on behalf of Virtual Health Clinic in providing Healthcare Services. The relationship between you and a Healthcare Provider providing you Healthcare Services is a healthcare professional-patient relationship to which Virtual Health Clinic is not a party.

    Any and all advice or care you obtain (and any results or lack of results from following or not following such advice or care) from any online medical professional is the responsibility of the responsible medical provider, and you. You understand and acknowledge that the online medical professionals are independent from the Virtual Health Clinic, and are self-regulated. Virtual Health Clinic is not responsible in any way for the Health Services or support services provided by the Healthcare Providers on the platform.

  3.  Use of the application

    The functionality of the Application is to be used by patients to book medical appointments and receive appointment reminders via email and/or text message, for healthcare professionals to conduct virtual medical appointment with patients via video feed, audio and chat functionalities, and for patients to monitor and upload health information. All functionality is provided on an “as is” basis without warranties of any kind. The functionality of the Application is not intended to take the place of standard medical advice. Using or browsing the Application and/or providing your personal or medical information while using our Services does not register you to one specific provider or create a provider-patient relationship, between you and Virtual Health Clinic (or a healthcare professional with Virtual Health Clinic) and does not replace the services of a licensed health professional in your province. Except where Healthcare Providers are providing you with specific clinical services via video, audio or chat features under a provider-patient relationship, you agree that you shall not make any health or medical related decision(s) based on anything contained in the Application. You acknowledge and understand the role of a physician assistant and a nurse practitioner and consent to be seen and have healthcare services provided to you by a physician assistant or a nurse practitioner operating under the supervision of a licensed physician.

    You may not register for an account, use or access the Application if you are (or are engaged by) a competitor of Virtual Health Clinic, except with Virtual Health Clinic’s prior written consent. In addition, you may not register for an account, use or access the Application for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.




  4.  User account

    In order to create a user account, you must provide your real legal first and last name, an email address and create a password. You are solely responsible for maintaining the secrecy of your password. Your account is for your personal use only. You are strictly prohibited from authorizing others to use your account or transfer your account to any other person (unless it is your parent or legal guardian or under a legal Power of Attorney). You agree that Virtual Health Clinic is not responsible for another party’s access to your account that results from misappropriation of your log-in details or personal/health information. You agree that you will notify Virtual Health Clinic promptly of any unauthorized access or use of your account via the contact information provided below (Section: Contacting Virtual Health Clinic).

  5.  Activities when accessing our services

    You are solely responsible for all use of your account and any activity performed through it. You are responsible for moderating the content you provide or display as a part of your use of the Services, and your interactions with healthcare professionals when using our Services. You agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you further agree that you will not send false or misleading information via the Application. You will not advertise to or solicit any user or Healthcare Provider to buy or sell any products or services through the Application or its Services. You agree to comply with all applicable laws when using the Application.

    Virtual Health Clinic’s healthcare team consists of Family Doctors, Specialists, Nurse Practitioners (NO), Physician Assistants (PA), Medical Assistants (MA), Registered Nurses (RN) and other allied health professionals. You acknowledge that the use of the Services and Application is not a complete substitute for in-person, clinical appointments with healthcare professionals. Depending on the circumstances of your particular health situation, you may be required to attend to see your healthcare professional in-person for a physical examination, various tests or other items deemed necessary by your healthcare professional in his/her independent medical judgement. Should you have any reservations about using our Services you may request to be seen in person subject to any governmental orders or restrictions in place at the time.

  6.  Intellectual property and ownership

    Virtual Health Clinic exclusively owns and retains all right, title and interest in and to the Application and all software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology used by Virtual Health Clinic or provided to you in connection with the Application and any compilation thereof. “Virtual Health Clinic”, “Virtual Health Clinic,” the Virtual Health Clinic logo, the Virtual Health Clinic logo, and other Virtual Health Clinic logos and product and service names are or may be trademarks or wordmarks of Virtual Health Clinic, and are protected under applicable copyrights, trademarks and other applicable intellectual property right laws or other Canadian laws. proprietary (including but not limited to intellectual property) Canadian laws. Virtual Health Clinic permits you to view the contents, solely for your personal, non-commercial use. Images and videos on our Application must not be altered or digitally enhanced, and their use must be in accordance with Canada’s Copyright Act (R.S.C., 1985, c.C-42). Any other use or alteration of the material is strictly prohibited without our prior written permission. Virtual Health Clinic will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Application any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the Application.

  7.  System Integrity

    You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Application. You may not take any action, which imposes an unreasonable or disproportionately large load on Virtual Health Clinic’s infrastructure. When using the Application, the communication of data may be transmitted over networks in which Virtual Health Clinic cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with this Application. From time to time, the Application may be unavailable for reasons within Virtual Health Clinic’s control such as system maintenance or reasons outside of Virtual Health Clinic’s control. When this occurs, Virtual Health Clinic is not liable or assumes no liability to you or other users for any interruptions in the use of our Services.

  8.  Protection of Privacy and Security

    In addition to this Agreement, you must review and agree to our Privacy Policy before creating an account. As outlined in the Policy, protection of your Personal and Health Information is a top priority for us, and as such, we will maintain administrative, physical, and technical safeguards at a level no less protective than those described in our Privacy Policy in accordance with applicable laws.

    In order to maintain the privacy and security of the Application, you must not disclose any security or privacy vulnerabilities to any person except Virtual Health Clinic. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Application or data stored within the Application, you must notify us at admin@virtualhealthclinic.com.

  9.  Communications and privacy

    In accordance with Canada’s Anti-Spam Law (S.C. 2010, c.23), we require your specific consent for your email address to be used to provide you with information for marketing, promotional and other communication purposes. At any time, you can opt-out of most email communication from us by clicking on the unsubscribe link at the bottom of our emails. We may still contact you for administrative purposes, for example to notify you of a change to the Services, change to this Terms of Use, or if there is a service interruption.

  10.  Errors and changes

    Virtual Health Clinic has made every effort to ensure the proper function of the Application; however, Virtual Health Clinic is not responsible for any damages occurred while using the Application. We do not warrant that the Application will be error-free or that any defects will be corrected. We may make changes to the Application’s features, functionality, or other components at any time without notice to you.

  11.  External sites

    Any links to external websites made on this web page or Application are intended to provide patients with general information only and patients should discuss this information with their healthcare provider before relying on such information. Virtual Health Clinic has no control over these external sites and takes no responsibility or liability for them or for their accurateness, reliability, safety or content. Patients should also read the individual disclaimers for these external sites carefully. Patients shall use this site and others at their own risk and should always discuss health information with their healthcare provider prior to making any decisions related to their health. Virtual Health Clinic takes no responsibility for damage to any person or property as a result of using this website or Application. Use this site or Application is at your own risk. www.virtualhealthclinic.com provides general information only. It includes information about Virtual Health Clinic and links to general health information on the Internet. Patients should advised to always consult their healthcare provider for any specific information about personal health and should not rely solely on such information when making decisions about their health. Patients are advised to make an appointment with a healthcare provider through the Application to address their medical concerns.

  12.  Limitation of liability

    To the extent permitted by applicable law, Virtual Health Clinic shall not be liable to you, your next of kin or to any other party under any circumstances for any loss, death, injury, damage or liability of any kind arising out of or relating your access or use, inability to use or reliance upon the application, its services or any related matter, including, but not limited to, monetary, negligence, breach of contract, malpractice, breach of any statutory or duty of care, physical, or psychological harm, under any theory, regardless of any fault or wrongdoing by or on behalf of Virtual Health Clinic and each of its affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally. In no event shall Virtual Health Clinic be liable to compensate you for any indirect, special or consequential damages, including, without limitation, loss of anticipated profits, loss of time, or loss of opportunity, in connection with your direct or indirect access or use of this Application, site, Agreement or any breach thereof, and whether any such loss or damage may be based upon principles of contract, warranty, negligence or other tort, the failure of any limited or exclusive remedy to achieve its essential purpose, or for any other reason whatsoever. This limitation of liability is applicable when other remedies are not available, where you are not adequately compensated for the loss, damage or liability, and if Virtual Health Clinic knew or should have known of the possibility of any loss, damage or liability of any kind occurring.

  13.  Indemnity and release

    You and your next of kin, agree to indemnify, defend and hold Virtual Health Clinic and our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives harmless from any liability, loss, third-party claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Application and/or Services. You also agree to release and hold harmless Virtual Health Clinic from and against any and all liability, third-party claims damages, actions, and costs, arising out of or in connection with your use, review or reproduction of the Application and/or Services.

  14.  Severability and waiver

    Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

  15.  Disclaimer of warranty

    You assume all risk when using Virtual Health Clinic’s Services, including but not limited to risks associated with your interactions with healthcare professionals and your provision of and use of the information provided in the Application for health-related purposes. Virtual Health Clinic makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose. Virtual Health Clinic assumes no responsibility to the user or any third party for the consequences of any errors or faults in the Application.

    From time to time, Virtual Health Clinic may offer “test” features within the Application. Such features are offered only for research and user experimental purposes only, and may be modified or discontinued by Virtual Health Clinic at any time. This Disclaimer of Warranty section applies to such features or tools.

  16.  Our removal rights

    If we believe that there is a violation of the Agreement that can simply be remedied by a user, whether that is the removal of information or certain actions, we may ask you to take direct action rather than intervene. However, we may be required to also engage in the situation and determine the appropriate action to be taken. If you are unable to act in accordance with our requested actions and we believe you are a credible risk of harm to us, other users, healthcare professionals or third parties, we may be required to remove your rights to use the Application and our Services.

  17.  Term and termination

    This Agreement will commence on the date you register for the Application or begin to use the Application and continues until terminated in accordance with the provisions of this Agreement. You may cease using the Application at any time. Virtual Health Clinic may cease providing you the Application at any time without notice. As noted in Section 15 (Our Removal Rights), Virtual Health Clinic may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement. Upon the termination of this Agreement for any reason, (a) the license granted to Virtual Health Clinic in respect of the personal information you have provided to Virtual Health Clinic will survive for so long as Virtual Health Clinic is required by law to retain such information; (b) Virtual Health Clinic will no longer provide and you will no longer use the Application; and (c) Virtual Health Clinic will be entitled to retain and use your personal information in accordance with the terms of this Agreement, Virtual Health Clinic’s Privacy Policy, and subject always to Applicable Laws. The rights and duties of the parties under Sections, 5, 10, 11, 12, 13, and 15, will survive the termination or expiration of this Agreement.

  18.  Disputes

    Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Application, the Services or any related matter (each a “Dispute”) will be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution (ICDR) Canada in accordance with ICDR’s Canadian Arbitration Rules. The arbitration will take place in Toronto, ON, Canada and will be conducted in the English language. One arbitrator will be assigned to the Dispute. Notwithstanding the foregoing, Virtual Health Clinic may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief or other legal remedies to uphold these Terms of Use or to protect Virtual Health Clinic’s rights and interests. Unless applicable law requires otherwise, you have twelve (12) months after the Dispute arises against you by Virtual Health Clinic to commence legal proceeding. After twelve (12) months, any and all legal proceedings by you regarding the Dispute will not be permitted. Any shorter time limit provided by applicable law remains unaffected.

  19.  Governing Law

    This Agreement, the Application and all other related matters are governed by and will be construed in accordance with the laws of the Province of Ontario, and any federal laws of Canada that may be applicable. Should situations arise where international laws may be applicable or there be conflict with other jurisdictional laws, the governing law(s) will be applied.

  20.   Inurement

    All covenants, representatives, warranties and agreements contained in the Agreement will be binding upon and will inure to the benefit of both Virtual Health Clinic and you and any respective successors, permitted assigns, legal representatives, heirs and trustees.

  21.  Language

    These Terms of Use and all related notices and other documents will be written in the English language. Subject to applicable law, any non-English translation of these Terms of Use provided by Virtual Health Clinic will be upon request only and for your convenience. Should there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.

  22.  Contacting Virtual Health Clinic

    Please feel free to contact us if you have any questions or additional comments regarding this Agreement. You may contact us at admin@virtualhealthclinic.com

  23.  If Virtual Health Clinic is unable to discharge any obligations imposed by this Agreement or its Application

    Virtual Health Clinic shall not be liable to you in the event such failure is due to a Force Majeure Event (as hereinafter defined). If Virtual Health Clinic is unable to fully discharge or adequately fulfill its obligations under this Agreement as a result of a Force Majeure Event. “Force Majeure Event” is defined as acts of God; substantial changes in economic conditions; health emergency or pandemic; quarantine; acts of governmental or military authority or persons claiming or exercising such authority; casualty; riot; strikes or other labor difficulties; or any other cause beyond Virtual Health Clinic’s reasonable control.

  24.  For all Services provided by a healthcare professional

    A valid credit card must be provided before receiving such Services. In the event that an expired or invalid credit card is provided, the patient will not be booked for a virtual consultation and will not be able to access Healthcare Services. All such payments are to be paid in full prior to your consultation and all such payments may or may not be subject to a refund.

    The Virtual Health Clinic requires you to submit your 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 Virtual Health Clinic Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation.

    All fees are in Canadian dollars and are inclusive of all applicable taxes, including GST/HST, based on your billing location.

  25.  Refund Policy

    If you would like to cancel a scheduled appointment on the Virtual Health Clinic, a refund may or may not be available, as per our cancellation policy:

    - 100% refund if you cancel at least 24-hours in advance of the start time of the appointment.

    - Non-Refundable if you book for the same day or cancel within 24 hours of the appointment.

    - If the appointment is cancelled by the Healthcare Professional, a full refund will be issued.

    - Rescheduled appointments abide by the same cancellation policy above.

    - If the Healthcare Professional is late arriving to your scheduled appointment, the consultation fee is non-refundable as some appointments ahead of you can unexpectedly take longer than usual. Please call 844-222-7200 or email operations@virtualhealthclinic.com and one of our staff members will update you as to where you are in the queue.

    - If you missed a call from our Healthcare Professional, the consultation fee is non-refundable. Please call 844-222-7200 or email operations@virtualhealthclinic.com and one of our staff members will update you as to when the Healthcare Professional will make a second attempt call.

  26.  Third Party Insurance

    All types of insurance coverage are accepted by Virtual Health Clinic, including Blue Cross, IFHP, Guard.me, UHIP, MSH International and various college/university student insurance plans.

  27.  Patient’s choice of Pharmacy

    Virtual Health Clinic and its team of Healthcare Professionals will respect the patient's autonomy and freedom of choice. Virtual Health Clinic’s Healthcare Professionals will respect your choice of pharmacy. Virtual Health Clinic’s Healthcare Professionals will not attempt to influence the patient’s choice of pharmacy unless doing so is in the patient’s best interest and does not create a conflict of interest for the Healthcare Provider. You should discuss both the advantages and risks of various recommendations, treatments and prescribed agents with your Pharmacist. Virtual Health Clinic's Healthcare Professionals do not prescribe narcotics, controlled substances, sleeping aids and only make prescribing decisions on a case-by-case basis with consideration for each patient.

    Delivery hours of the pharmacy may vary and subject to availability of delivery service or driver of the pharmacy.

  28.  In-Clinic Appointments

    All personal and health information is kept confidential and secure in accordance with applicable laws. MedCare Clinics operates under a shared care model. An in-clinic appointment does not confirm a doctor-patient relationship and you acknowledge that you will not be assigned to one specific provider. No medical or health information will be provided over the phone. MedCare Clinics will not disclose any personal or health information to any third party (without express prior consent) except to those individuals necessary for the provision of medical services in accordance with applicable law. For all medical/physician services, a valid OHIP card must be presented at each visit to receive medical care. I also expressly consent and authorize MedCare Clinics to contact me via email, telephone or text messages for news and updates in regards to the clinic and its services and appointment reminders.

  29.  Shared Care Model

    Virtual Health Clinic operates under a shared care model. A medical assistant, physician assistant, nurse practitioner and/or a pharmacist may connect with you to assist with your healthcare concerns. Healthcare services provided by a medical assistant, physician assistant or a nurse practitioner are under the direct supervision of a licensed physician.

  30.  Controlled Medication

    Our healthcare providers do not prescribe Narcotics, Controlled Substances and/or Sleeping Aids.

  31.  Consent to Receive Calls and Text Messages

    By providing your mobile number, you consent to be contacted by or on behalf of the Virtual Health Clinic at the mobile number you have provided, including calls and text messages, to receive Service or Product related information and marketing communications relating to the Site and Services. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.

  32.  Consent to Receive Email Communications

    You acknowledge that you consent to receive email communications from the Virtual Health Clinic. Email Communications may be sent in the form of encrypted email. We will use the email address you provide us for email communications. You certify, warrant, and represent that the email address you have provided is your own. You represent that you are permitted to receive emails to the email address you have provided. You agree that you will immediately notify the Virtual Health Clinic if you stop using or wish to change the email address you have provided. By providing your consent to the use of email communications, you certify that you understand the associated risks and limitations. You acknowledge the Virtual Health Clinic’s right to withdraw the option of email communications at any time, with or without notice, without liability to you.

  33.  Account Closure

    Your Account Information will be retained on the Virtual Health Clinic Platform up until your Account is closed. You may request to close your Virtual Health Clinic Account at any time, for any reason, by emailing operations@virtualhealthclinic.com with your full name in the subject line and details of your request to close your Account. You will receive a confirmation email once your Account is successfully closed.

    Upon termination of your Account, the Virtual Health Clinic will provide you, upon your request and for a fee, with access to your medical records.

    Information that the Virtual Health Clinic is legally required to retain will be securely stored in our database until deletion is possible. “Information” collectively refers to Personal Information and Personal Health Information. Your Personal Health Information (PHI) will be retained as per the Retention Period outlined in the Virtual Health Clinic’s Medical Records Retention Policy. Information required by a Healthcare Provider in connection with Healthcare Services will also be retained until the Provider makes a copy of the Information or terminates his or her account with the Virtual Health Clinic. All other Information associated with an Account will be deleted once the period of time for accessing the Information has elapsed.

    The Virtual Health Clinic does not trade, sell, or otherwise disclose personal health information collected by our site to third parties in the ordinary course of business.