TERMS OF USE

Last updated on December 19, 2024

DO NOT USE TELADOC SERVICES FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM.

Teladoc Health Canada, Inc., on its own behalf and its affiliates and/or wholly owned subsidiaries (collectively referred to as "Teladoc", "we", "us", or "our"), makes certain telehealth related information available to you and/or facilitates your access to telemedicine, chronic condition management, and expert medical services as described more fully below ("Teladoc Services").

These Terms of Use apply to visitors to www.teladochealth.ca(opens a new window) and its associated domains and mobile applications that are owned and operated by Teladoc (collectively, the "Websites") and all users of Teladoc Services. For the purposes of these Terms of Use, "you" and "your" means you as the visitor to or user of the Websites or Teladoc Services (collectively “Services”).

By using the Services, you expressly agree to the terms and conditions set out in these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all use of and access to all Services.

TELADOC'S ROLE

Teladoc is not an insurance provider or healthcare provider. Teladoc's role is limited to making certain telehealth related information available to you and/or facilitate your access to Teladoc Services. In most cases, Teladoc does not employ the healthcare providers who provide telemedicine services and is not responsible for the provision of healthcare from those healthcare providers including their acts, omissions or for any content of the communications made by them. Teladoc is not part of the provider/patient relationship and does not engage in the practice of medicine or any other healthcare profession.

The Websites do not provide medical advice and do not create a healthcare provider/patient relationship between you and Teladoc or otherwise. Any services provided by or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. TELADOC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITES.

TELADOC SERVICES

These Terms of Use apply to your use of the Websites as well as your use of any of the Teladoc Services in which you are enrolled. This includes:

• Teladoc Consultations (General Medicine Care)
  • Connect you by telephone or web-based video with a physician or nurse practitioner licensed to provide care in your province or territory for general medicine consultations.
  • Consultations may provide diagnoses, recommend therapy, and potentially provide certain prescriptions.
• Expert Medical Services
  • Depending on your subscription, includes access to one or more of the following:
    • Find A Doctor: a service where we identify one or more physicians in your geographic area who treat your specific condition.
    • Care Finder: a service where we identify, if possible, one or more physicians who could perform requested medical treatment for you outside of Canada.
    • Personal Health Navigator: a service aimed to help you navigate the healthcare system and take control of your own healthcare. By providing a variety of tools and resources including condition-specific website links and articles, physician biographies, and contact information for specialists and facilities, we help people who have questions about their healthcare.
    • Expert Medical Opinion: a service where we provide a written review from an Expert Physician of your applicable medical records and medical information with the goal of helping you identify a diagnosis and treatment plan.
    • Medical Records eSummary: a service where we collect all of your medical records, prepare a summary of the records, and provide you with written suggestions to address health issues in the coming 12-18 months.
• MyStrength
  • Access to the MyStrength mobile application and online platform, which includes tailored behavioral health content.
  • Depending on your subscription, you may be able to interact asynchronously with Coaches, Guides or crisis managers that offer education, preventative, and lifestyle management services.
• Mental Health Navigator
  • Support in navigating the healthcare system, assessing and diagnosing a mental health concern, or reviewing an existing diagnosis or treatment plan that may not be working or improving your condition.
• Mental Health Care
  • Virtual therapy, available by video or phone with your preferred psychologist or therapist.
• Mental Health Disability Management
  • Ongoing disability management—connecting you to experts and providing rapid access to specialized care for an easier return-to-work.

YOUR USE OF THE SERVICES

By using the Services, you agree to comply with all laws applicable to your use of the Services, you will not interfere with a third party's use and enjoyment of the Services, and you will not interfere with or disrupt Teladoc's or its vendors' security measures. You agree not to:

• Send or otherwise transmit to or through the Services 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 Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Restrict or inhibit any person from using the Services;
• Reverse engineer, disassemble or decompile any section or technology on the Services, or attempt to do any of the foregoing;
• Gain unauthorized access to the Services, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Services;
• Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Services 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;
• 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;
• Alter or modify any part of the content or services offered on or through the Websites;
• Purposefully misrepresent your identity or affiliation;
• Allow any other person to use the Services with your registration or login information;
• Collect any information from the Websites for any purpose other than individual personal use;
• Attempt, assist or permit any persons in engaging in any of the activities described above.

YOUR USE OF TELADOC SERVICES

You must provide accurate and complete registration information any time you register to use the Teladoc Services. It is your responsibility to provide us with true, accurate, and complete information related to your account(s), and to maintain and update us promptly of any changes in this information.

You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Teladoc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Teladoc shall not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

The following actions are expressly prohibited in relation to your username and password:

• Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your username and password;
• Using the username and password to cache the Teladoc Services in such a manner as to be accessible by persons who have not registered with Teladoc; or
• Using the username and password to permit multiple persons access to the Teladoc Services through a local or wide area network.

If you have forgotten your username or password, we will use an email address you provided to send your username or temporary password. You understand that others using the same email address will be able to gain access to your account information, but only if they provide the correct answers to your security questions.

You must be at least 18 years old to register and use the Teladoc Services, or you must be the parent or legal guardian for someone under age 18 who is enrolled in the Teladoc Services. You may not interfere with or disrupt the proper operation of the Teladoc Services.

If you use mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as username and password). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others. To protect your confidential health information, it is good practice to enable a touch ID, fingerprint ID, or passcode on your smartphone.

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Teladoc Services. This responsibility includes, without limitation, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are also responsible for obtaining internet services, for any and all fees imposed by your internet service provider, and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Teladoc Services, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the specific Teladoc Services for your convenience, have made your own independent assessment of the adequacy of the internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.

CONSENT TO TREATMENT

By accessing and using Teladoc Services, you consent to be treated by the healthcare providers. Such providers may ask you questions and conduct virtual examinations. You understand that in some instances it will not be possible to receive healthcare services through a virtual platform and you may be directed to seek in-person care. Our providers reserve the right to refuse to provide services if they believe you do not understand the consent that you have provided or if they believe treatment through the Teladoc Services is not appropriate for you. There are no guarantees of treatment of any kind including prescribing of any medication.

You understand that Teladoc Services are not intended to replace the care provided by your primary care provider. We may also refer you to consultants outside of the Teladoc Services where appropriate.

You may withdraw your consent at any time, however if you do, you will cease to receive Teladoc Services.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT

Teladoc is the sole and exclusive owner of the Websites and their content, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and any related materials and documentation. No title or ownership of the Websites or any portion thereof is transferred to you hereunder. Teladoc reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites.

You may provide input, comments, questions or suggestions ("Submissions"). You acknowledge and agree that Teladoc may use any Submissions without any obligation to you and you hereby grant Teladoc a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Submissions as Teladoc may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Teladoc takes no responsibility and assumes no liability for Submissions, and you acknowledge and agree that you have all rights necessary to make the Submissions. You understand that Teladoc does not endorse Submissions of others and is not responsible for the content of such Submissions. Teladoc disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Submission.

EXTERNAL LINKS

The Websites may contain links to third-party websites. Linked sites are not under the control of Teladoc, and Teladoc is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Teladoc endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms of Use do not apply to other websites. Teladoc disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

NO ENDORSEMENTS

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Teladoc. Any views expressed by third parties on the Websites are solely the views of such third party and Teladoc assumes no responsibility for the accuracy or veracity of any statement made by such third party.

NO WARRANTIES

Please note that some jurisdictions may not allow the exclusion of implied warranties, and therefore some of the below exclusions may not apply to you.

THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TELADOC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITION OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TELADOC DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TELADOC MAKES NO GUARANTEES AND DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT ITS ACCURACY, RELEVANCE, TIMELINESS, COMPLETENESS, OR APPROPRIATENESS OF ANY CONTENT POSTED ON THE WEBSITE FOR A PARTICULAR PURPOSE. TELADOC HEATH ASSUMES NO LIABILITY ARISING FROM OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITES. Teladoc is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Websites or phishing emails designed to appear to be sent from Teladoc.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Teladoc, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of these Terms of Use, (ii) your use, or misuse, of the Websites or Teladoc Services, and/or (iii) your posting of Submissions.

TELADOC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities are fair and reasonable in the circumstances.

PERSONAL INFORMATION AND PRIVACY POLICY

Teladoc may collect, use and disclose personal information about you through your use of the Website. Please review the Web and Mobile Privacy Policy(opens a new window)(opens a new window) to find out how we collect, use and disclose your personal information that is collected.

MODIFICATIONS TO THESE TERMS OF USE

Teladoc may, at any time and from time to time, amend these Terms of Use. If you access Teladoc Services, you will be informed of changes. You should review these Terms of Use every time you use the Websites. Any changes will be effective immediately upon posting.

MODIFICATION OF SERVICES

Teladoc reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Services violates applicable laws or is harmful to the interests of Teladoc or any other users. Teladoc also may place limits on, modify, suspend or terminate the Services generally, and may suspend or terminate your use of the Services if you fail to comply with these Terms of Use or otherwise in accordance with Teladoc’s internal policies. This suspension or termination may delete your information, files, and other previously available content.

CHOICE OF LAW AND JURISDICTION

These Terms of Use shall be governed by the laws of the Province in which you reside. If you reside in Quebec, any dispute between Teladoc and You related to this Agreement shall be resolved exclusively by the courts of the Province of Quebec. If you reside in any other Canadian jurisdiction, any dispute between Teladoc and You related to this Agreement shall be resolved exclusively by the courts of the Province of Ontario located in the City of Toronto.

GENERAL TERMS

You will not use any of the Websites, in a manner inconsistent with (i) these Terms of Use, or (ii) any applicable laws and regulations.

If You have not signed a separate written agreement with Teladoc related to the Teladoc Services, these Terms of Use are the entire agreement between you and Teladoc related to the use of the Websites and Teladoc Services, replacing any prior agreements.

If any provision of these Terms of Use are determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use remain in full force. Nothing in these Terms of Use create an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision. Failure on the part of Teladoc to enforce a term of these Terms of Use shall not be construed as a waiver of any provision or right contained in these Terms of Use.

These Terms of Use are personal to you, and is not assignable, transferable, or sublicensable by you except with Teladoc's prior written consent. Teladoc may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

CONTACT

If you have any questions regarding these Terms of Use, you can contact us at legalnoticescanada@teladochealth.com