NOVARI EVISIT TERMS OF USE  
 

Last Updated: October 27, 2020

THIS APPLICATION SHOULD NOT BE USED FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY OR VISIT THE NEAREST EMERGENCY CENTRE.  

 

LEGAL AGREEMENT: 

The Novari eVisit™ virtual care application including all software, tools, content and services that we may make available to you through or in connection with the application (collectively, “eVisit”) is owned and operated by Novari Health Inc. (“Novari”, “we” or “us”). 

By accessing and using the eVisit, you acknowledge and agree to be bound by these Terms of Use (these “Terms”), which establish a contractual relationship between you and Novari and constitute a legal agreement. If you do not agree to these Terms at any point, you must immediately cease accessing and using eVisit. 

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms from time to time. The most recent version always appears at the top of the document after the phrase “Last Updated”. Please check this date to ensure that you understand the most updated version.  If you continue to use eVisit after these Terms have been updated, we assume that you have read, understood and are agreeing to be bound by such modifications, alterations or updates. 

Our collection, use, disclosure, retention and disposal and destruction of your personal information is governed by our Privacy Policy, located at www.novarihealth.com/personal-health-information You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, is part of, these Terms and accordingly is part of our legal agreement with you.  “Personal Information” means information about an identifiable individual. 

 

ACCOUNTS  

General 

In order to use eVisit, you must register and maintain either: (a) an active personal patient account (Patient Account, in which case you are referred to in these Terms as a “Patient) or (b) a health care provider account (a “Provider Account, in which case you are referred to in these Terms as a “Healthcare Provider). In these Terms, the term “Account” means both Patient Accounts and Provider Accounts.  

Unless otherwise permitted by Novari in writing, you may only possess one of each type of Account. 

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. In particular, you agree: 

(a) to safeguard against disclosure and not disclose your Account details to anyone else; 

(b) not to use any other person’s Account; and 

(c) to notify us immediately if you become aware or suspect that your Account or any of your Account details (including your password) have been compromised. 

Provider Accounts  

In order to use eVisit through a Provider Account, you are required to have an active paid subscription in good standing for such Account (a “Subscription”). Paid subscriptions are available directly from Novari or through a licensed reseller authorized by Novari. 

A Provider Account directly purchased from Novari is subject to the following Subscription conditions: 

You will not be charged any fees for using eVisit through your Provider Account during the first thirty (90) days of your initial Subscription (the “Free Trial Period”) but all other terms and conditions in respect of your Provider Account and Subscription shall apply. 

Unless you cancel your Subscription during the Free Trial Period, we will charge our regular monthly subscription fee for the next monthly billing cycle using the payment method you have selected at the end of the Free Trial Period. Your Subscription will then continue to renew automatically on a monthly basis until cancelled. The applicable fees are set out at the time you purchase your Subscription and are subject to change from time to time at our discretion upon not less than thirty (30) days prior written notice to you. Notice may be provided by posting the change on your Provider Account or by way of email to you at the address registered on your Account.  

You may cancel your Subscription at any time and, upon cancellation, your Subscription will expire at the end of the then current monthly billing cycle and will not renew. 

We will have the right to terminate your Subscription by providing you with not less than fourteen (14) days prior written notice or, immediately, with or without notice to you, where: (a) any payment that is due to Novari is not made on the date that it is due; (b) you have failed, or we have a reasonable basis to suspect that you have failed, to comply with these Terms or any other terms and conditions applicable to the use of eVisit; or (c) we cease to provide eVisit. 

Accounts purchased through a licensed reseller are subject to the Subscription conditions outlined in an agreement between the licensed reseller and the Provider or the licensed reseller, the Provider, and an organization purchasing on behalf of Providers. 

The following applies to all Provider Accounts without regard to purchase arrangement: 

In the event that you cancel your Subscription or your Subscription is suspended or terminated by us, you will not be able to access or use eVisit (or any of its functionality) through a Provider Account for any purpose.  

If you register for a Provider Account, you represent and warrant to Novari that, at the time of registration and at all other times while you are accessing your Provider Account, you are a healthcare provider that is licensed and otherwise lawfully permitted to provide the healthcare services that you are providing through your Provider Account in accordance with the laws of the jurisdiction in which the recipient of such services is located.  

Rights of Access 

Subject to these Terms, while you have an active Account in good standinyou will have a right to access and use eVisit for its intended purpose.  

Restrictions on Use 

While using eVisit, you may not, and represent and promise that you will not: 

  1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
  2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit eVisit except as expressly permitted by Novari.
  3. Decompile, reverseengineeror disassemble eVisit except as may be permitted by applicable law. 
  4. Link to, mirror or frame any portion of eVisit.
  5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of eVisit, or unduly burdening or hindering the operation and/or functionality of any aspect of eVisit.
  6. Attempt to gain unauthorized access to or impair any aspect of eVisit, or its related systems or networks.
  7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  8. Use eVisit in a manner that violates any laws.
  9. Use abusive language or engage in inappropriate conduct when communicating with anyone through eVisit. 

Termination 

Novari may, at its discretion and at any time, terminate or suspend any Patient Account or cease offering, deny access to or modify eVisit or any portion thereof as it applies to Patient Accounts. Provider Accounts may be terminated or suspended as provided under the heading “Provider Accounts” above. 

If your Account is terminated in accordance with these Terms, Novari will have no further obligation to provide you with access to your Account or eVisit. Please see our Privacy Policy in relation to our management of Personal Information on the deactivation of a User Account. 

You may deactivate your Account at any time, for any reason, by sending a request to support@novarihealth.com.   

 

UNDERSTANDING EVISIT 

BY REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT: 

  1. eVisitis a technology application that facilitates connecting Patients with Healthcare Providers for the provision of healthcare services. Novari is not a party to the relationship between Patients and any Healthcare Provider providing healthcare services through eVisit. Healthcare Providers are independent contractors who are not employed by Novari or otherwise affiliated with Novari.  
  2. HEALTHCAREPROVIDERS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES THAT THEY PROVIDE TO PATIENTS, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS. AS BETWEEN NOVARI AND PATIENTS, PATIENTS ARE RESPONSIBLE FOR ENSURING THAT THEIR HEALTHCARE PROVIDER IS LICENSED UNDER ALL APPLICABLE LAW TO PROVIDE THE HEALTHCARE SERVICES THAT THE PATIENT IS SEEKING AND RECEIVING THROUGH EVISIT. IN PARTICULAR, NOVARI RECOMMENDS THAT PATIENTS REVIEW THE PROFILE OF THE HEALTHCARE PROVIDER ON THE WEBSITE OF THE MEDICAL REGULATOR FOR THE PROFESSION IN WHICH THE HEALTHCARE PROVIDER PRACTICES. 
  3. eVisit and healthcare services will only be made available to you if you are ordinarily resident in a Province or Territory of Canada, whether or not you are physically in your Province or Territory of residence at the time that you request healthcare services. By using eVisit and healthcare services, you represent and warrant that you meet the residency requirements set out above at the time that the healthcare services are provided.Healthcare providers may be located in the jurisdiction in which a patient resides or, if permitted by applicable law, in another jurisdiction.  
  4. As with any other medical consultation, no results can be guaranteed or assured:HealthcareProviders may determine that healthcare services are not appropriate for some or all of a Patient’s treatment needs, and accordingly may elect not to provide healthcare services to a Patient through eVisit.  
  5.  As with any other healthcare service, there are risks associated with the use of thehealthcares 
  6. eVisitmay not permit the transmission of information in a way that allows a Healthcare Provider to provide all healthcare services (g., poor resolution of images).  
  7. Patients areresponsible for providing Healthcare Providers with the information that the Healthcare Provider advises is required in order to provide the Patient with healthcare services. 
  8. The laws that protect the privacy and security ofPersonalInformation apply to telemedicine. 
  9. Novari has no interest in or control over any interaction that you may have with a Healthcare Provider or Patient outside of eVisit. 
  10. The content and material appearing oneVisitcould include technical, typographical or photographic errors. Novari does not warrant that any of the content or materials provided are accurate or current (as further discussed under the heading “Content” below). 

 

CONTENT  

Except only for healthcare services provided by a Healthcare Provider, none of the information or materials that may be made available through eVisit (collectively, “Content”) is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective. Content is for informational purposes only.  It is the responsibility of Patients to review and discuss Content with their Healthcare Provider, prior to relying upon it, and the responsibility of Healthcare Providers to make their own assessment and determination as to the validity or accuracy of any Content. Reliance on any Content by a Patient or Healthcare Provider is at their own risk.  

Your Content 

As between Novari and you, all right, title and interest in and to any Content that you upload or transmit through eVisit is and will remain your property (collectively, “Your Content”).  

You grant us and our affiliates the right to store and use Your Content: (a) to provide you with services through eVisit, (b) to support those services, (c) to ensure your compliance with these Terms and (d) for all other purposes set out in these Terms (the “Limited Purpose“). Except as required by law or as authorized by you, we will not use Your Content for any purpose other than the Limited Purpose. 

If you are a Healthcare Provider, we will logically separate Your Content from our own data and the data of other Healthcare Providers. If your Subscription is inactive for a period of 180 days or more, we may permanently delete Your Content, without notice to you.  You must have an active Subscription in order to access Your Content. If you are a Patient, we provide no assurances and will have no liability with respect to the storage, maintenance or availability of Your Content through your Account and may permanently delete Your Content at any time without notice to you.  

Notwithstanding anything to the contrary in these Terms: 

     (a) if you choose to provide us with any comments, suggestions or feedback with respect to eVisit, you acknowledge and agree that all such comments, suggestions and feedback may be freely used by us, at our sole discretion, for the design, development, improvement, marketing, commercialization and operation of eVisit and other products and services, without any restrictions based on confidentiality or intellectual property rights; and  

      (b) you agree that we have the right generate and utilize anonymized and aggregated data related to Content and the transactions conducted and facilitated through eVisit (including Your Content) and that Novari will own all right, title and interest in such aggregated data. We may use aggregated data for business related activities, including maintenance and improvement of eVisit and other Novari products and services, business analysis, support and analytics.  

Novari Content 

As between Novari and you, all right, title and interest in and to eVisit and all Content, excluding only Your Content and Personal Information (collectively, “Novari Content”) is and shall remain Novari’s property and, except for the limit rights granted to you in these Terms, Novari reserves all rights to the Novari Content. Neither these Terms nor your use of eVisit convey or grant to you any rights to use or reference in any manner Novari’s brand elements, company name, logo, product and service names, trademarks or services marks. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Novari Content, except as expressly permitted by these Terms. 

 

WARRANTY DISCLAIMER 

NOVARI MAKES NO WARRANTIES WITH RESPECT TO EVISIT, THE CONTENT OR ANY OTHER PRODUCTS OR SERVICES. EVISIT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, CORRECTNESS, COMPLETENESS, EFFECTIVENESS, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, SECURITY, OPERATION FREE OF INTERRUPTION, TECHNOLOGICALLY HARMFUL INTRUSIONS, DENIAL OF SERVICE ATTACKS, VIRUSES OR OTHER ERRORS OR EVENTS CAUSED BY OR INTRODUCED THROUGH THE INTERNET, OR THOSE ARISING BY USAGE OF TRADE OR COURSE OF DEALING. 

 

LIMITATION OF NOVARI’S LIABILITY 

UNDER NO CIRCUMSTANCE SHALL NOVARI, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS, (COLLECTIVELY, THE “NOVARI GROUP”) BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF EVISIT AND/OR HEALTHCARE SERVICES PROVIDED BY HEALTHCARE PROVIDERS. 

THE NOVARI GROUP SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM: (i) YOUR USE OF OR RELIANCE ON EVISIT AND/OR HEALTHCARE SERVICES , OR YOUR INABILITY TO ACCESS OR USE EVISIT AND/OR HEALTHCARE SERVICES ; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PATIENT OR HEALTHCARE PROVIDER; OR (iii) ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND NOVARI’S REASONABLE CONTROL.  

NOVARI’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER RELATING TO THESE TERMS, EVISIT, YOUR ACCOUNT, OR ANY OTHER PRODUCT OR SERVICES WHETHER IN CONTRACT OR TORT  (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF A REPRESENTATION OR WARRANTY, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT EXCEEDING (IN THE AGGREGATE WITH RESPECT TO ALL CLAIMS) THE GREATER OF: (A) THE FEES PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF EVISIT DURING THE NINE (9) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM; AND (B) ONE HUNDRED CANADIAN DOLLARS ($100.00). 

 

INDEMNITY 

You agree to indemnify and hold the Novari Group harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of eVisit and healthcare services obtained or provided through your Account; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including the rights of any Patient or Healthcare Provider.  

 

SECURITY 

While we are committed to protecting the security of eVisit, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for implementing adequate firewall, password and other security measures to protect their respective systems, data and applications from unwanted intrusion, whether over the internet or by other means. You agree not to attempt to violate the security of eVisit, including without limitation, (i) by attempting to log into an Account which you are not authorized to access; or (ii) by attempting to interfere by means of a virus, by overloading a server or by any other means. 

Novari is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access eVisit. 

 

GENERAL PROVISIONS 

Entire Agreement. These Terms constitute the entire agreement and understanding of Novari and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter. 

Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing eVisit, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario. 

Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Novari’s prior written consent. Novari may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. 

Links to External Websites. Links on eVisit to other websites or resources including those operated by parties other than Novari, are provided for your convenience. Novari is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any thirdparty websites or resources is conducted at your own risk. Novari is not responsible even where we link you to those resources or refer you for your convenience. 

Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions. 

 

CONTACT US 

If you have questions about eVisit or its use, you can contact Novari Support by sending an email to evisitsupport@novarihealth.com.