The present Terms and Conditions applies to the use of Foodoc Inc. (“Foodoc” or the “Company”) services available through the website located at foodoc.ca (the “Website”) and through software applications (the “Services”) to customers (hereinafter the “Customer” or “You”). By using any Foodoc product or service, using the Website, checking the “I agree” checkbox, or completing the registration process, you are deemed to have read and agreed to the following terms and conditions: 1) About the Service Foodoc connects clients to licensed and certified dietitians across Canada. The service is available by visiting our website and booking an appointment online. Customers have the option to view dietitian profiles and schedules, book appointments, and make the down payment through the Foodoc website (the “Service Request”). In addition, customers can use the website to learn about various dietetic related services and service providers, and to connect with the Canadian dietitian community. The Services as presented may not be available to their full extent within the provinces of Prince Edward Island, British Columbia, and Alberta. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any member at our discretion. 2) Customer Access All customers must access the Services through the Website by providing their name, phone number, and email (the “Credentials”). Customers on the website can select a dietitian, book an appointment, and make their payment (the “Registration”). By completing a Registration, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) you have entered valid payment information. Foodoc reserves the right to refuse any Service request any time for any reason whatsoever with no prior notice or compensation owing to the creator of the Account. 3) Third Party Applications In order to provide the Services, Foodoc will use third party service providers (“Third Parties”) from time to time at its sole discretion. Third Parties may be used for purposes including but not limited to payment processing and video conferencing. You acknowledge and agree that the use of Third Parties is governed by the relevant terms and conditions associated therewith (“Third Party Terms”), and that you are bound by such Third Party Terms. You further acknowledge and agree that Foodoc has no control over and cannot be responsible for any Third Party or its products or services. Accordingly, Foodoc disclaims any and all warranties, and liabilities with respect to Third Parties, and their products and services. 4) Relationship to Dietitians a) Agent Status Foodoc functions as an agent for the dietitians with which we work, collecting client information, scheduling appointments, and collecting payments from Customers through our website. We act with authorization from the dietitians to collect, store, and transfer relevant information from the customer to the dietitian so they may properly deliver the services to you at your appointment. Any collection, storage, or disclosure of personal or health information is done only upon consent of the client and solely for the purposes of aiding the dietitian in their practice. The Foodoc website does not directly offer or provide dietetic services under any circumstances. Dietitians listing their services on Foodoc are exclusively responsible for ensuring they are at all times in compliance with all requisite licensing and registration requirements for their profession in their province. Foodoc functions exclusively as an agent for registered dietitians by performing only those services specifically described in these Terms and Conditions. b) Medical and Health Care Services All medical and health care services, including but not limited to consultations, recommendations, treatments, prescriptions, and all other like services of any kind are provided at the sole and exclusive discretion and under the exclusive direction of the dietitian providing the services. Foodoc and its representatives assume no liability whatsoever for any damages or injury howsoever caused to a customer through any experience, interaction or other involvement of any kind with a dietitian whether or not the Customer had used the Services prior to the occurrence of the damages or injury. Foodoc regularly updates its listings to ensure all Dietitians on the website are practicing in compliance with their provincial rules and regulations however it is the customer’s sole responsibility to ensure the dietitian they meet with is practicing in compliance with the rules and regulations of their province at the time of the meeting. Foodoc is not responsible for the quality of the services provided by the dietitian. If you have any complaint or grievance with the services you receive, you should contact your province’s regulatory body for dietitians. c) Safeguard of Information All medical information is collected, stored, and disclosed through the website exclusively for the benefit of the dietitian. All information on the website is collected and stored on a secure server and is held strictly confidential. Foodoc will only collect, view, and disclose the minimum amount of information necessary to adequately provide the Services. Client consent is always required before submitting information to the website. 5) Personal Health Information a) Use. When you submit a service request, Foodoc will prompt you to submit personal health information including your name, address, email, and purpose for the consultation (the “Information”). The Information will be stored on our server and disclosed within two months of the receipt of the Service Request. Once the Information is disclosed to the selected dietitian, the Information submitted under the “pre-consultation intake form” will be promptly deleted. Other information will be securely stored unless requested by the Customer for deletion. All information is stored using an encryption software. Information stored by Foodoc is accessible only through an encryption key which is held exclusively by the dietitian to whom the information is transferred. b) Accountability. Foodoc uphold the highest accountability standards in the collection, storage, and disclosure of personal health information. All Information is kept confidential and shall only be utilized to the minimum extent necessary for the provision of the Services. Privacy is of the utmost concern to Foodoc, and as such we operate with the utmost discretion and care when handling personal health information. If at any time a customer would like their Information deleted from our server, they may contact us by written request to admin@foodoc.ca and the Information will be promptly removed. c) Consent. Customer consent is required for the collection, storage, or disclosure of any personal health information. You must indicate your consent to the collection, storage, or disclosure of personal health information prior to submitting a Service Request. 6) Fees Dietitians will indicate their fees for services from time to time on the website (the “Fees”). A customer submitting a service request will be charged based on their selections and associated Fees. The pricing for a dietitian’s services is determined exclusively by the dietitian offering those services. A deposit equal to the amount of the Fees must be paid in full upon submission of the Service Request by way of a valid credit card or via third party payment processing companies. The Customer must provide his or her credit card information to Foodoc prior to the submission of a Service Request. Fees are determined based on the number and nature of the Customer’s selection. Fees are charged to the Customer upon confirming a Service Request. All fees for Services and Purchases are non-refundable following the completion of a Purchase or the rendering of a Service. No contract will exist between the Customer and Foodoc for the Services prior to Customer being successfully redirected to a confirmation page on the website summarizing the details of their scheduled appointment and payment and confirming receipt of same. 7) Processing of Customer Payment All Customer payments must be processed through the website using a valid credit card or via third party payment processing companies. Payments may be processed through a third party payment processing service from time to time. Payments are due and payable upon the confirmation of a Service Request. The Customer shall make all payments in accordance with the fees, charges, and billing terms in effect at the time a Fee or charge is due and payable. All payments are made through the website at the time of purchase. Foodoc reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Foodoc website or by email delivery to you. 8) Taxes The Customer takes sole responsibility for the payment of any Sales Tax and any related penalties or interest to the relevant tax authority if they fail to pay the Sales Tax for the Services. The Customer will indemnify Foodoc for any liability or expense we may incur in connection with such Sales Taxes. The Customer may be required to provide Foodoc with evidence that they have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Foodoc is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. 9) Cancellation Policy A service request may be cancelled any time prior to the actual provision of the services by the selected dietitian by sending a written notice to admin@foodoc.ca, in which case a full refund will be provided. If a service request is cancelled with less than 24 hours’ notice, a cancellation fee equal to 30% of all amounts paid will be charged to the client. All payments are non-refundable once services are rendered. In the event a customer fails to attend a scheduled appointment without providing prior notice no refund shall be available. 10) Termination of Agreement and Refund Policy Foodoc reserves the right to terminate any Services for any reason, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, the service request shall be immediately terminated and the Customer and selected dietitian shall be notified of the termination within twenty four (24) hours. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to Foodoc which constitute payment in respect of the provision of unused Services shall be refunded. 11) Communications Foodoc reserves the right to contact you from time to time for feedback regarding the services. Foodoc will also contact any Customer who files a complaint with Foodoc regarding a representative of Foodoc or the Services overall. Notices to Customers will be deemed effective at the time they are sent by Foodoc or as of the date they are posted on the Website. 12) Waiver and Release of Liability a) The Customer hereby waives, releases, indemnifies and discharges any and all claims for damages or personal injury, death, divorce, loss of income, loss of job, sanctions, mental health problems, irresponsible behavior or property damage which may have or which may hereafter accrue as a result of the Service. Foodoc, its officers, directors, members and managers, and all other member of staff whether contracted or employed, are discharged in advance from and against any and all liability arising out of or connected to in any way with their use of the Service to the fullest extent permissible under the law. The Customer further acknowledges and consents to waive, release, indemnify, and discharge Foodoc from any damage which may result from the loss of the Customer’s personal information. b) The Customer understands that the use of the Service is voluntary and holds certain risks. The Customer agrees to assume any and all risks and to release and hold harmless Foodoc, its officers, directors, members and managers, and all other members of the staff whether contracted or employed from any risks incurred as a result of the Services. The Customer understands and agrees that this waiver, release and discharge of risks is to be binding on The Customer, their heirs and assigns. 13) Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Except for a breach of confidentiality, in no event will Foodoc be liable to the Customer for any special, consequential, incidental or like damages, however caused and on any theory of liability, and whether or not such Party knew or should have known of the possibility of such damage, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO PERSONAL PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE FOODOC PROPERTIES, COMPANY SERVICES, OR ANY COMPANY CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH FOODOC OR ITS REPRESENTATIVES, HOWEVER CAUSED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOODOC’S TOTAL LIABILITY TO A CUSTOMER SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY THE CUSTOMER TO FOODOC. 14) Maintenance and Support Company is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website you can report it to admin@foodoc.ca. 15) Third Party Terms of Agreement You must comply with applicable third party terms of agreement when using a third party contracted by Foodoc to provide the Services. 16) Company Contact Information Company’s contact information for any end-user questions, complaints or claims with respect to Company Properties is admin@foodoc.ca. 17) Indemnification a) You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Company Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of Foodoc Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party. b) Foodoc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Foodoc in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Foodoc Properties. 18) Availability a) Unless otherwise stated, the services featured on this website are intended for the Canadian market and for use by Canadian consumers. All advertising is intended solely for the Canadian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Foodoc. Foodoc does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. b) Foodoc attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, Foodoc does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall Foodoc be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website. 19) Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. 20) General a) The laws of Canada govern these terms and conditions. By accessing this website and using our service you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. b) Failure of Foodoc to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. c) These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Foodoc. 21) Notification of Changes Foodoc reserves the right to change these conditions from time to time as it sees fit and the continued use of the site will signify User’s acceptance of any adjustment to these terms. If there are any changes to the privacy policy, Foodoc will announce that these changes have been made on the homepage and on other key pages on the Site. If there are any changes in how Foodoc uses User’s Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to the privacy policy will be posted on the Site 30 days prior to these changes taking place. User is therefore advised to re-read this statement on a regular basis.
Terms and Conditions
Terms governing the use of Foodoc services and website.