Effective date: June 20, 2023

We encourage you to read this document to understand the terms, policies, and more that apply to you when you use the Fusion Universal Healthcare Inc. (“FUH”) app, mobile application (“FUH App”), websites www.FusionUniversalHelathcare.com, (the “Website”), products, or services (collectively, the “FUH Solution”), including how we process personal information, personal heal information and how you can update and manage that information.

Welcome and thank you for enrolling to use our FUH Solution!

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In accordance with the below Terms and Conditions (the “Terms”), FUH is pleased to offer you the ability to interact with other medical professionals (including physicians) in certain jurisdictions online via a Web/Mobile App-based version of the FUH Solutions. Users of the FUH Solution are either clinicians or medical consultants and referred to below as “you”, “your”, or “yours”.

 

For the purposes of these Terms:

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“clinicians” are medical professionals treating patients with the assistance of the FUH Solution;

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“medical consultants” are medical specialists who have signed up for and agreed to the terms and conditions of the FUH Solution; and

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“patients” are individual persons who are patients of the clinicians and are assessed or assisted by one or more medical consultants through the FUH Solution;

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“privacy laws” means the applicable Canadian federal, provincial or territorial privacy and personal information protection legislation such as the federal Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”), Personal Information Protection Act (British Columbia) (“PIPA”), Personal Health Information Protection Act, 2004 (Ontario) (“PHIPA”), as may be enacted or amended, superseded or replaced from time to time, that is applicable to either providing or receiving services through the FUH Solution in the province or territory where such services are rendered.

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The FUH Solution (including the Website and the FUH App) is subject to compliance with the Term. Please read the following information carefully before using the Website of requesting to sign up for the FUH Solution. To request an account, read and complete this form, indicating you have read, understood, and agreed to these Terms and our Privacy Policy. BY USING EITHER THE WEBSITE

OR THE FUH APP, YOU ACCEPT AND AGREE TO OUR TERMS, as well as our PRIVACY

POLICY, and other terms, agreements, statements of rights, consent forms, and policies referred to herein. If you do not agree with either these Terms or our Privacy Policy, you may not access or otherwise use the FUH Solution (including the Website).

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Update To These Terms and Conditions

The FUH Solution is owned and operated by FUH and its affiliates. Our FUH Solutions is continually under development and changes to the Website or FUH App may be made at any time. We reserve the right to revise or remove any part of these Terms in our sole discretion at any time and without prior notice to you, except where legally required. Thus, you should visit this page periodically for changes. Any changes to these Terms are effective upon posting to the Website, unless otherwise specified. If you disagree with these Terms, your sole remedy is to discontinue your use of the Website and FUH App. Your continued use after a change has been posted constitutes your acceptance of the changes.

 

Services & Information

FUH does not engage in the practice of medicine and FUH does not itself give any medical advice to you or anyone. We do offer telehealth communication services enabling clinicians to engage with independent medical consultants to obtain special and specific medical and healthcare advice in respect of a patient. Such medical consultants are not employed by us and are solely responsible for the quality and appropriateness of the care and advice they render to the clinicians. The clinicians are responsible for assessing the advice and information provided by the medical consultant and determining what is any part of the advice to administer for the patient. 

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FUH does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession practiced by either a clinician or a medical consultant, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither FUH nor any third parties who promote the FUH Solution or provide you with a link to the any of our services shall be liable for any professional advice you obtain from either the medical consultant or the clinician via the FUH Solution.

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While we work with the medical consultants for provision of certain virtual care services, not all of our Users receive such services. Dial 911 if you or your patient are in an emergency life-threatening situation or need emergency medical attention. General health information that may be contained on our Website is not a substitute for professional health care.

Even though FUH is not a data custodian of personal health information (“PHI”), FUH only facilitates the transfer of PHI between the data custodians using the FUH Solution, being the clinician and the medical consultants. The PHI we receive or obtain through your use of the FUH Solution may be subject to different provincial and federal privacy laws. Descriptions in the Terms and our Privacy Policy regarding any collection, use and disclosure of PHI may be subject to or further restricted by the requirements of these laws.  In addition, where FUH transfers, maintains, uses and discloses any PHI, which is personally identifiable health information protected by any privacy laws, we may be and likely are subject to certain agreements, including with clinicians and medical consultants. In those cases, transfer or maintenance of PHI will be in accordance with such agreements, where and as applicable. As such, references below to privacy laws, PHI, and related terms are provided for informational purposes.

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Patient privacy is important to us. If you are a clinician or a medical consultant, you must use any PHI obtained through the FUH Solution or in respect of any FUH services only to provide health care services and in accordance with the privacy laws and any rules and regulations of any governing body applicable to both the clinicians and the medical consultants. Users are to take precautions to maintain patients’ confidential PHI. PHI shared and transmitted through the FUH Solution between professionals is to be kept in strict confidence. FUH will not deliberately disclose any information regarding you or the patient to any unaffiliated third party unless the information is required to be disclosed by law.

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Transfer of Medical Record Data

The FUH Solution will provide the technology for indirectly enhancing a patient’s health care through easily connecting clinicians with medical consultants if the clinician desires to seek another medical professional’s advice or assistance. The patient’s PHI that is transferred between the clinician and a medical consultant as part of the FUH Solution is subject to Provincial privacy legislation. Disclosure of information is at the discretion of the individual health care provider(s). However, health care provider(s) or staff are obligated to maintain and update the patient’s electronic record (including any PHI) within a reasonable time frame.

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Medical Record Data

The Canadian Medical Association affirms that medical records are confidential documents (including PHI). Although the records are the property of the physician, health care institution, the clinician or the medical consultant that compiled them, patients have a right to examine their records and to obtain a copy of the information contained in them. Each clinician and medical consultant should provide an explanation of the medical record to the patient when requested to do so. These records may include information on advice obtained through the use of the FUH Solution via the FUH App, phone, Website or any other medium. Unless the law requires otherwise, or if the maintenance of confidentiality would result in a significant risk of substantial harm to others or the patient if the patient information is incompetent, patient authorization is necessary for the disclosure of information contained in medical records to third parties.

All messages that are sent or received within the FUH Solution that happens to contain medical information are subject to all provincial and federal laws governing the security and confidentiality of medical records.

 

Communication

Short Message Services or SMS

FUH or its affiliates may contact you by short message service (“SMS”) text message from time to time regarding your Account or the services offered by the FUH Solution, service announcements, privacy notices, administrative messages, and other communications about the services (“SMS Communications”). These SMS Communications are considered part of the services offered by FUH and your account.

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By agreeing to these Terms and providing your telephone number to us or our affiliates, you: (i) consent to receive SMS Communications from or on behalf of us or any of its affiliates at the telephone number you provide; and (ii) acknowledge and agree that your information may be processed in accordance with, and you are to be bound by, our Privacy Policy.

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You can stop receiving SMS Communications from us at any time by texting “STOP” to the number from which you receive the SMS Communications. Alternatively, if you are registered, you may click here fusionuniversalhealthcare.com to contact support or submit a message through the “chat” experience once logged in. You may also email our support centre, support@fu.health to request a stop to SMS communications. After this, you will no longer receive SMS Communications from us.

 

Other Communications

You agree that we may send to you additional communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting communications on the Sites (collectively, “Communications”).  In some cases we may contact you by telephone.  If you do not wish to be contacted by phone you may send an email request to support@fu.health or submit a request via the application (e.g., using the chat service, or via an open case).

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The delivery of any SMS or other Communications from us is effective when sent by us, regardless of whether you read the SMS or other Communication. You can withdraw your consent to receive Communications by deactivating your Account, or as otherwise specified and provided.

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You acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. As such, we cannot guarantee the security or confidentiality of messages sent by text messages or email. By providing us with your cell phone number and email address, you agree that we may communicate with you by text message and email, despite these risks.

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User Accounts

You are not obligated to register with FUH to simply review the Website.   However, in order to access services in the FUH Solutions you must register on the Website or through a link provided by FUH to you directly.  When you register on the Website or through a link provided, you are required to create an account (“Account”) by entering your name, medical credentials, email address, telephone number, password and certain other information collected by FUH (collectively “Account Information”).

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In order to use the FUH Solution, you must create an Account and agree to these Terms. In order to create an Account, you must be of the legal age to enter into a contract (i.e. be 18 in most provinces, and territories, or be an emancipated minor) as well as meet certain professional credentials.  If you do not meet the requirements, you will not be able to create an account on the for the FUH Solution or if the credentials cannot be verified by FUH within a reasonable amount of time, your account will be locked and shut down.  You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Website or through any link, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account.

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You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are further responsible for any breaches of law (including any privacy laws) if you share your Account or Account password.  You also agree to promptly notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the FUH Solution by contacting us using the below contact information. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the FUH Solution, any PHI, and your Account Information. In addition, you agree to exit from your secure user Account at the end of each session.

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In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the FUH Solu, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

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FUH reserves the right to revoke Account access and FUH Solution access to anyone, at any time, for any reason.

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Applicable Use

In your use of our Website, the FUH App or any other services offered as part of the FUH Solution, you agree not to:

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• Send or otherwise transmit to or through the FUH Solution any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website, the FUH App or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

• Misrepresent your identity, affiliation or your professional qualifications in any way;

• Restrict or inhibit any person from using the Website or FUH App, disclose personal information (including any PHI) obtained from or collect information about users of the FUH Solution;

• Reverse engineer, disassemble or decompile any section or technology which is part of the FUH Solution, or attempt to do any of the foregoing;

• Gain unauthorized access to the Websites, the FUH App or any other service offered by the FUH Solution, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the FUH Solution;

• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the whole or any part of the FUH Solution in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

• Send or otherwise transmit to or through the any part of the FUH Solution chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;

• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

• Violate any applicable laws or regulations or these Terms or the Privacy Policy;

• Use abusive, harassing, or threatening language or make abusive, harassing, bullying, or threatening communications toward any staff member, any physician, or any other user of the FUH Solution;

• Create a hostile environment for any staff member, any clinician, any medical consultant, or any other user of the FUH Solution based on such person’s race, age, national origin, disability, gender, or reassignment thereof, religion or belief, sex, sexual orientation, marriage/partnership status, or pregnancy/maternity.

• Alter or modify any part of the materials or FUH Solution; or

• Assist or permit any persons in engaging in any of the activities described above.

 

Any of the foregoing may result in actions including but not limited to termination of your access to the FUH Solution and to your Account.

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Fees & Purchase Terms

The services provided by the FUH Solution are associated with fees that are spelled out in further details in the agreement you sign directly with FUH. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing FUH with your credit card number, PayPal or pre-authorized debit account and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required.

 

We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms.

 

Proprietary Rights

The contents of the FUH App, the Website and any other part of the FUH Solution, such as text, publications, newsletters, articles, HTML code, JavaScript/CSS code, software, graphics, images, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein and any other materials you may view on, access through, or contribute to the selection and arrangement of information (“Materials”), are protected by copyright and other intellectual property laws under both Canadian and foreign laws. The copyright, patent rights, trademark rights and all other ancillary copyrights in the FUH Solution remain the sole property of FUH. Unauthorized use of the Materials may violate copyright, trademark, patent, and other laws. Your use of the FUH Solution does not grant to your ownership of any content, code, data or materials you may access on or through the FUH Solution. You agree not to circumvent, disable, or otherwise interfere with security related features of the FUH Solution or features that prevent or restrict use or copying of any Materials or content.

 

License

You are granted a limited license to use the FUH Solution, provided the application is not modified and a copy of these Terms and disclaimer is attached to any copies that are made. Any unauthorized sharing of information is prohibited. All rights not expressly granted herein are reserved. None of the documents or content within the FUH Solution may be otherwise reproduced, re-published, re-disseminated or otherwise provided in any manner or form without the prior written consent of FUH, which consent may be unreasonably withheld. You may not sell or modify the whole or any part of the FUH Solution or reproduce, display, publicly perform, distribute, or otherwise use of the whole or any part of the FUH Solution in any way that is unauthorized by FUH. The use of the FUH Solution on any other website or application for any purpose is prohibited.

If you violate any of these Terms, your permission to use the FUH Solution automatically terminates, and you must immediately destroy any copies you have.  FUH’s rights under these Terms are in addition to any other right which may be contained in an agreement you have entered into with FUH.

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Security & Encrypted Communication

The FUH App uses the modern encryption methods of Secure Sockets Layer (SSL) & AES-256 bit encryption in the transfer and storage of any user data.  This FUH Solution uses encryption software, and FUH has implemented reasonable and appropriate security measures to protect your information. When using the application in a non-secure setting such as home or personal office, information will be transmitted over an Internet medium that is beyond the control of FUH and its contractors. You are responsible for ensuring that the computer and mobile phone system(s) you use to access FUH App has the appropriate security controls enabled.

 

Links to Other Sites

As you view the Website or the FUH App, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the FUH Solution. Certain of these linked websites may make use of FUH’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos, and trade names) under license from us. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by us of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

 

Third Party Interactions

Your interactions with entities or individuals found on or through the FUH Solution or the services provided through the FUH Solution, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the FUH Solution and disclosing personal information.

 

You agree that FUH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved.

 

Reporting Security Vulnerabilities

Ensuring the security and integrity of the FUH Solution is critical to the service we provide our customers. We are committed to providing a secure product and appreciate help from the community in responsibly identifying ways for us to improve FUH.

 

Mobile Device Platform

In addition to viewing the application from your computer or laptop, you can also access it via a mobile device such as an iPhone or Android (more specifically referred to as the FUH App). You will be able to communicate with clinicians and medical consultants via video, text, or email. If you select to use the FUH Solution via a mobile device, or any other media, it is subject to these Terms.

 

Disclaimer

The materials in the FUH Solution are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, FUH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that the FUH Solution or the server that makes it available are free of viruses or other harmful components. We do not make any representations or warranties regarding the use or the results of the use of the materials in the FUH Solution in terms of their correctness, accuracy, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall FUH or any of its affiliates be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the FUH Solution or the Materials on it, even if we or an authorized representative of us has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

 

Indemnity

You agree to indemnify, defend and hold FUH and its affiliates and their directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with the FUH Solution.

 

Other

By choosing to visit the FUH Solution or otherwise provide information to FUH, you agree that any dispute over your use of the FUH Solution or these Terms will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. You also consent to the adjudication of any disputes arising in connection with our FUH Solution in the provincial and federal courts located in Toronto, Ontario. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Contact Us

If you have questions or concerns about these Terms, or would like to report a violation, see the below contact options:

 

You may contact us by mail at:

 

Fusion Universal Healthcare Inc.

229 Yonge Street, Suite 400

Toronto, ON M5B 1N9

 

Attn:

You may email us at support@fu.healthcare