Legal Agreement
This terms of use agreement (the “Agreement”)is a legal agreement that governs the access and use of Constant Health Inc. (“we”,“us”, “our”, or “CH”), which provides the access to a platform for individuals (“you”, “your”, or the “User”throughout) to create a user account (“User Account”) via Constant Health’s website www.constanthealth.ca (the “Website”).
Users must also register with the CH mobile application (the “App”), which is a communication forum that Users can use to communicate with Dietitians or Coaches (as defined below), including to book appointments, take part in text communication, and have video conferences.
This Agreement governs the access and use of Services, the Website, User Account and App by you and all materials displayed or made available through the User Account,Website or App, including, without limitation, text, electronic mail, images,photographs, illustrations, audio and video clips, computer software (including but not limited to Zoom, for example), and code on the Website or the App (“Content”).
By accessing and using one or more of the User Account, App, Website or Content, you are indicating that you agree to be bound by the terms and conditions oft his Agreement. You should also read our Privacy Policy www.constanthealth.ca/privacy-policyand you will be asked to consent when creating your User Account or using the App . If you do not accept these terms and conditions, you must not access or use the User Account, Website, the Content or the App. CH may revise this Agreement at any time with reasonable notice to you. Use of the User Account, Website, Content or App after such changes are made available to you will indicate your acceptance of the revised terms of this Agreement.
References to You, Your, and the User in this Agreement include the substitute decision-maker of the User, as defined under the Health Care Consent Act, 1996, where applicable.
Services Offered
The App allows you to use a food diary, access a recipe bank, participate in our online peer support community, and consult remotely with, or seek Virtual Care (defined below) from, a dietitian (“Dietitian”) or coach (“Coach”) or both, and to collectively, together with your Dietitian or Coach, identify and adjust your personalized goals for weight management and related issues, which may include but are not necessarily limited to one or more of comorbid disease management, diabetes and pre-diabetes targeted behavioural therapy, provided any one or more of which are within the scope of dietetic care, or alternatively, within the public domain (collectively, the “Services”). All Dietitians providing Services are regulated registered dietitians in Canada who are employed by CH. CH will match you with a Dietitian who is regulated and registered in your province depending on the address of residence that you provide to CH.
One or more of the User Account and App, Content and Website provides the User with the ability to message your Dietitian or Coach or both, to receive messages from your Dietitian or Coach, make appointment requests to CH for Virtual Care, and access the Food Diary and Recipe Bank:
- Virtual care. In this agreement, virtual care is a form of delivery of Services that uses live chat and video technology where the User and the Dietitian or Coach are not in the same physical location (“Virtual Care”).
- Messaging. Users are also able to consult with Dietitians and Coaches through the App’s messaging services (“Messaging”). Dietitians or Coaches, or both, may message you daily to provide support and adjust your goals and as the User you are free to decline use of Messaging however the functionality of Messaging cannot be disabled.
- Virtual Care and Messaging hours are offered at the discretion of each individual Dietitian or Coach. Current Dietitians or Coaches availabilities for Messaging or Virtual Care, or both, are subject to change based on the availability of the Dietitian or Coach. If you request Messaging or Virtual Care services, or create a User Account, or use the Content, you will be matched with a Dietitian who is registered to provide dietetic services in the jurisdiction that matches the address you provide to CH.
- Access to the Recipe Bank and Food Diary will be provided on a 24-hour basis, unless maintenance to the Website or App is required, in which case either one or both services maybe temporarily interrupted.
- Appointment Booking may occur via the App or the Website, at the User’s discretion.
- Collaborative and Personalized Goal Setting, Tracking and Readjustment. Together with your Dietitian or Coach you will set your customized goals. The Dietitian or Coach may contact you via Messaging to track or readjust your goals on a daily basis, unless you decline Messaging.
For clarity, “Services” means the services described herein and includes virtual care, messaging, access to the recipe bank and food diary, online peer support community, appointment booking and collaborative and personalized goal setting. Services are provided for a Fee.
Relapse Prevention. At the end of your program you will have the option to continue using the Services, App, Website, User Account and Content with or without the added services of a Dietitian or Coach, or both. This agreement automatically renews if you choose to use the relapse prevention program.
User Account
Registration
To use certain features of CH, you will be asked to create a User Account on the Website consisting of an email address and a password. When you register a User Account, you will be asked to agree to:
a) Provide true, accurate, current, and complete information, and
b) Confirm that you are aged 18 years or older; and
b) maintain and promptly update the information to ensure it remains true, accurate, current, and complete.
If CH has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, CH has the right to suspend or terminate your User Account and your access to all or part of the App and Website. CH’s use of any personally identifying information you provide as part of the registration process, through the Website, User Account or the App, is governed by the terms of its privacy policy (the “Privacy Policy”) www.constanthealth.ca/privacy-policy CH will not provide your email address or password to any third-party.
Unless otherwise permitted by CH in writing, you may only possess one User Account.
Email Address and Passwords
You are responsible for maintaining the confidentiality of the password you use in association with your User Account and App. You are also responsible for all activities that occur under your email address and password. If CH has reasonable grounds to suspect that you are sharing your email address or password with anyone, CH will have the right to suspend or terminate your User Account and your access to all or part of the App.
All communication between Users and Constant Health that occurs via electronic mail or messaging is subject to the e-mail and text communication policy in Appendix A, which appears at the end of the privacy policy. By using e-mail and text messaging Users agree that they understand and accept the risks associated with the use of these communication methods, including that such communications may not be encrypted. Users agree to abide by the obligations in Appendix A when using e-mail or messaging.
Administrative Fee.
Creating a User Account and accessing the App is available for a Fee, as described further below.
Medical Advice and Medical Emergency
Do not use Constant Health, the Services or relapse prevention for medical emergencies and do not attempt self-treatment based on anything you have seen or read on the Website or App. If you have a medical emergency, call a physician, qualified health care provider, or dial 911 immediately.
Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding any medical conditions or any information obtained from Dietitians or Coaches. Always consult with your physician or other qualified health care provider before beginning a new treatment, diet, or fitness program.
Misuse of Service
CH has sole discretion to refuse or to discontinue the provision of Services to any User at any time, including for actual or potential misuse of the Services by a User, as determined by CH.
Privacy and Personal Information
The collection, use, disclosure, retention, destruction, and disposal of Personal Information collected by CH through our Website, User Account, Content or App is governed by our Privacy Policy www.constanthealth.ca/privacy-policy.
By agreeing to the terms and conditions of this Agreement and by consenting, you also agree to the terms of our Privacy Policy, www.constanthealth.ca/privacy-policy, that you acknowledge having read.
Copyright
The Content is copyrighted and is owned by CH, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licenses herein, any use, modification, transmission, distribution, republication, or other exploitation of the Website, User Account, App, or Content, whether in whole or in part, is prohibited without the express prior written consent of CH.
Limited Licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website, User Account, App, and Content, including any of your own personal information and personal health information, for your personal, non-commercial use. Access to the Website, User Account, App, and Content for any other purpose is prohibited. Any additional requirements governing the use of any special Content that may be set out on the Website, User Account, or App are binding upon you. In the event of a conflict between the terms of a license governing Content and this Agreement, the terms of the specific licence will govern.
Software Licence
All software embedded in or located on or at the Website, Content or App, including, without limitation, all computer code of all types and all files and images contained in or generated by such software (collectively, the “Software”) is protected by copyright and may be protected by other rights. All Software is owned by CH, its licensors, or the party accredited with ownership of the Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, User Account, Content and App, subject to:
a. the terms and conditions of this Agreement; and
b. any additional conditions which may be imposed on your access and use of the licensor’s Software, including any condition imposed by the licensor of such Software.
If the Website, User Account, App, or Content provides software for download, unless otherwise specified, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such software, a personal, non-transferable, non-exclusive license to:
a. install and run one copy of the Software in object code format for your personal, non-commercial use; and
b. reproduce the Software only as reasonably required to install, run, and make reasonable backup copies to the extent permitted by law.
Except to the extent expressly permitted in this Agreement, you may not:
a. use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
b. sell, rent, lease, licenses, transfer, or otherwise provide access to the Software;
c. alter, remove, or cover any trade-marks or proprietary notices, including from the software;
d. Insert or attempt to insert any malicious code, virus, lock or computer process designed to impair the function of the Website or App; or
e. decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.
Other than the limited licence granted herein, nothing contained on the Website, User Account, App, or Content shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website, User Account, App, or Content or made available for download from the Website, User Account, App, or Content, including, but not limited to, any intellectual property rights in the Software.
All Software embedded or integrated into the Website, User Account, App, or Content is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:
a. is of merchantable quality and is fit for any particular purpose;
b. will conform with any specifications relating to the Software;
c. will be free from material defects;
d. contains no computer viruses or other contaminants;
e. shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Fees
Fees for the Services are payable for the duration of your agreement with Constant Health (“Fees”). Fees are payable upon the payment terms, and upon the schedule set out in your agreement. Fee options for the Constant Health program are available at https://constanthealth.ca/fees.
Fees for the Relapse Prevention program are available here www.constanthealth.ca/fees. Payment for relapse prevention is made in advance, unless you notify us in writing that you wish to cease your use of the program. If you register for relapse prevention, you will receive an updated copy of the agreement that reflects the new payment terms.
All fees for uninsured services (i.e. services that are not covered by a Canadian provincial or territorial health insurance plan) are payable in advance. Fees are in Canadian currency and do not include applicable taxes, which will be added to your payment. If you have any questions about fees charged for the Services, please contact us.
Upon creation of your User Account and registration via the Website, you may be asked to provide information regarding coverage from your private health insurance plan. CH use of this information is governed by our Privacy Policy, available here www.constanthealth.ca/privacy-policy.
Payment
Users will be required to pay via credit card upon registration via the Website (and creation of the User Account), in advance of receiving Services. All fees for Services are in Canadian dollars and inclusive of all applicable taxes. If a promo code for the 15-Week program is provided, all services associated with your program are made available and fully funded by Novo Nordisk Canada All payments are processed through a third party payment processing service with which CH has a contractual relationship. CH expressly disclaims any liability arising out of the third party’s payment processing services.
Cancellation
Users who do not contact CH via email, the App or 1-833-596-1460 to cancel the Virtual Care within 24 hours prior to their appointment will lose their right to that appointment and may be charged a fee at the discretion of CH. Cancellation fees can be found on our Fees page, www.constanthealth.ca/costs
Duration of this Agreement. Your agreement with Constant Health (which includes these terms of use and the privacy policy) will begin on the date that you sign up for Services and will be set out in a copy of the agreement that you receive or download from us. Your agreement will continue based on the payment plan you choose and will end on the date specified in the agreement, unless you or CH cancels the agreement sooner, in accordance with these terms of use.
No Endorsements
Unless expressly stated, CH does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website, User Account, App, or Content.
Linking
The Website, User Account, App, or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by CH of any third-party website and its content. Unless specifically stated, CH does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:
a. regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
b. regarding the merchantability and/or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or
c. that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.
You may not link the Website, User Account, App, or Content to or from any third-party website without express permission from Constant Health. CH reserves the right to prohibit or refuse to accept any link to the Website, User Account, App, or Content at any time and may remove a link without notice. You agree to remove any link to the Website, User Account, App, or Content you may have acquired or stored on CH’s request.
Disclaimer
The Website, User Account, App, and Content are provided “as is” and “as available”. While CH endeavors to provide accurate, current, and timely information, CH makes no representation, warranties or covenants, express or implied, regarding the Website, User Account, App, or Content including, without limitation, no representation, warranty or covenant that:
a. the Website, User Account, App or Content contained in or made available through the App will be of merchantable quality or fit for a particular purpose;
b. the Website, User Account, App, or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
c. the operation of the Website, User Account, App, or Content will be uninterrupted or error free;
d. defects or errors, whether human or computer errors, in the Website, User Account, App, or Content will be corrected;
e. the Website, User Account, App, or Content will be free from viruses or harmful components; and
f. that communications to or from the Website, User Account, App, or Content will be secure and not intercepted.
You acknowledge and agree that your access and use of the Website, User Account, App, and Content is solely at your own risk and liability. Subject to applicable laws, Constant Health expressly disclaims responsibility for any damages or losses, including fees for legal costs, arising from Users’ use of the App.
Limitation of Liability
Other than as stated herein, and subject to applicable laws, in no event shall CH or its Dietitians or Coaches, officers, directors, employees, agents, licensors, and its respective successors and assigns, jointly or severally, be liable for damages of any kind, including, without limitation, any direct, indirect, special, punitive, incidental, or consequential costs, expenses, fees, or losses relating to your use of the Website, User Account, App, Services or Content, or your inability to use the Website, User Account, App, Services or Content, except to the extent of the value of the Fees paid by you to CH.
CH expressly disclaims any liability arising from any indirect, special, punitive, incidental or consequential damages or losses sustained by You, or your dependents, relating to your use of the health care services provided to you by the Dietitian.
CH disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the App (including any person you may allow to access your App), or any advertiser or sponsor of the Website, User Account, App, or Content (collectively, “third-party”). Under no circumstances shall CH or its Dietitians or Coaches, providers, officers, directors, employees, agents, licensors, or its respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expenses arising in any fashion whatsoever from:
a. The acts, omissions, or conduct of any third-party, and
b. Any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any website or third-party application linked to or from the Website, User Account, App, or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if CH knew of or ought to have known of the possibility of such damages.
This disclaimer and limitation of liability apply for the duration of, and after termination of, your use of the Website, App, Services and Content.
Indemnity
You agree to indemnify, defend, and hold harmless CH, its Dietitians and Coaches, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, and expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:
a. your breach of any of the terms and conditions of this Agreement;
b. your access to, use, misuse, reliance upon, or inability to access or use the Website, User Account, App, or Content or any website or third party application to which the Website, User Account, App, Services or Content is or may be linked to from time to time; or
c. your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website, User Account, App, Services or Content.
This indemnity applies for the duration of, and after termination of, your use of the Website, App, Services and Content.
Modification to the App or Website
CH reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website, User Account, App, or Content or any part thereof with or without notice to you. CH shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website, User Account, App, or Content or any part thereof.
Termination
CH may, in its sole discretion, cancel or terminate your right to use the Website, User Account, App, or Content or any parts of the Website, User Account, App, or Content at any time without notice. In the event of termination, you are no longer authorized to access the Website, User Account, App, or Content or the parts of the Website, User Account, App, or Content affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, User Account, App, or Content, the disclaimers, and limitations of liabilities set out in this Agreement shall survive termination of this Agreement. CH shall not be liable to you or to any third-party for such termination. For clarity, termination under this section results in immediate termination of your agreement with Constant Health, without penalty or liability to Constant Health.
Automatic Termination of Access upon Completion of the Program. Constant Health will terminate your access to, and use of, the User Account and App, and the Services, within 10 days of your final appointment with the Dietitian, unless you choose to continue with the relapse prevention program. If you choose relapse prevention within the 10 day period, your access to the User Account, App and Services will continue in effect upon the new payment terms that you choose.
If you do not choose the relapse prevention program within 10 days of your final appointment with the Dietitian, this agreement will expire on the day that is six months after the date upon which you completed your final appointment with the Dietitian.
Duration of the Agreement. Your agreement with Constant Health will begin on the date that you sign up for Services and will be set out in a copy of the agreement that you receive or download from us. Your agreement will continue based on the payment plan you choose. Your agreement will automatically renew if you choose relapse prevention with six months of your final appointment with the Dietitian. Subject to the terms herein, your agreement will end on the date specified in the agreement, unless you or CH cancels the agreement sooner, in accordance with these terms of use. If you register for relapse prevention, this agreement will automatically renew and will expire on the later of 10 days after you notify us in writing that you wish to cancel your access to the Services, User Account or App or upon the date that CH terminates such access in accordance with the terms herein.
Cancellation of the Agreement. You may cancel your agreement with us at any time by sending us written notice via email to admin@constanthealth.ca or via regular mail: Constant Health Inc. 575 West Hunt Club, Unit 100 Ottawa, Ontario K2G 5W5. Cancellation of your agreement will result in immediate termination of your access to the Services, App, Website, Content and User Account without penalty or liability to Constant Health.
Refunds. No refunds are permitted unless we have failed to provide you with information or documents required under applicable consumer protection legislation.
If you are paying for Relapse Prevention on a monthly basis and you cancel your agreement with us, your payment for the month in which you cancelled will not be refunded. Future payments will not be required.
Deactivation of Account
You may deactivate your User Account at any time, for any reason, by sending an email to deactivate@constanthealth.ca and by uninstalling the App on your mobile device.
Use Prohibited Where Contrary to Law
Use of the Website, User Account, App, and Content is unauthorized in any jurisdiction where the Website, User Account, App, or Content may violate any laws or regulations. You agree not to access or use the Website, User Account, App, or Content in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
Governing Law
You agree that all matters relating to your access or use of the Website, User Account, App, Services and Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario, and of Canada, with respect to all matters relating to your access and use of the Website, User Account, App, or Content, as well as any dispute that may arise therefrom.
Severability
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.
Assignment
This Agreement is not assignable, transferable, or to be sublicensed by you except with the prior written consent of CH. CH may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Waiver
Any consent by CH, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.
Entire Agreement
This is the entire Agreement between you and CH relating to your access and use of the Website, User Account, App, and Content. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and CH relating to the subject matter of this Agreement.
Contact Us
Questions or comments regarding the Website, User Account, App, and Content should be directed to CH’s administrator at admin@constanthealth.ca.
Acknowledgement
By registering to use a User Account, the Content, the Website and the App, you acknowledge that you understand and agree that:
a. The Website, User Account, App and Content comprise a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with CH and its Dietitians and Coaches for the provision of the Services.
b. Dietitians are solely responsible for compliance with standards of care, record keeping, and other professional obligations regarding the practice of dietetics. These obligations may vary by province and are the responsibility of each Dietitian. CH expressly disclaims any and all liability arising from a Dietitian’s failure to meet his or her provincial and federal legal, regulatory and professional requirements and standards when providing Services through the App.
c. Your Dietitian may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide the Services to you. By agreeing to the terms and conditions of this agreement, you agree to our Privacy Policy www.constanthealth.ca/privacy-policy and Fees https://www.constanthealth.ca/costs
d. One or more of the Website, User Account, App, or Content could include technical, typographical or photographic errors. CH does not warrant that any of the Content is accurate or current.
For questions about these terms of use, or the Privacy Policy, you may contact the CH Administrator at admin@constanthealth.ca.