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Terms & Conditions

CONCEIVE HEALTH

TERMS OF USE

Do not use the Conceive Health Platform, if you are experiencing an emergency or require immediate attention, such as but not limited to serious injury, loss of consciousness, chest pains, trouble breathing, serious allergic reaction, potentially life-threatening infectious disease after travel to afflicted areas as per official authorities or uncontrollable bleeding. If you have an emergency call 911 or visit your nearest emergency room.

Last Updated: February 10, 2022

  1. OUR PLATFORM

Hello there, we are Conceive Inc. (“Conceive”, “we”, “us” and terms of similar meaning) and provide to you the Conceive Health Platform (“Platform”) subject to these terms of use (the “Terms”). The Platform encompasses (i) our website at https://conceivehealth.com (the “Website”); (ii) any third-party service providers or software solutions that are incorporated into the Website; (ii) our administrative services related to your use of the Website (“Admin Services”); (iii) any other version of the Website; (v) any other mobile or web applications that we have now or in the future; and (vi) any other software provided by Conceive for use with the Website or otherwise.

  1. ABOUT THE TERMS

Application of the Terms. These terms of use (“Terms”) govern your access to and use of the Platform. Please do take some time to read these Terms carefully, and please do not hesitate to contact us if you have any questions. Our Terms also include our Privacy Policy, which can be found here https://conceivehealth.com/privacy-policy/

We are happy to grant you a limited, non-exclusive, non-transferable and revocable license to use the Platform, but only if you agree to these Terms. If you do not agree to all of the Terms, please do not use the Platform or stop using the Platform immediately.

Modifying & Reviewing the Terms. We reserve the right to change or modify any of our Terms, at any time and in our sole discretion. We will always notify you if our terms change, and our Terms will always show the “last updated” date at the top. Any revisions of the Terms will be effective immediately upon posting the revisions on our Platform.

Interpretation of the Terms. All Terms are to be interpreted and construed pursuant to our sole discretion. If you have any questions about the Terms please email us at info@conceivehealth.com

  1. THE PLATFORM

Practice Management Company. Conceive, in and of itself, does not provide health care, medical services or naturopathic medicine services and takes no part in your medical diagnosis and/or treatment. Conceive is a practice management company for select Naturopathic Doctors with a focus on fertility and who are members in good standing of and regulated by the College of Naturopaths of Ontario (“NDs”). Our practice management services include, but are not limited to, assisting NDs with finding new patients via our Website, booking and coordinating appointments, use of our clinic and technology infrastructure and other administrative services (collectively, the “Practice Management Services”).

Conceive does not recommend or endorse any specific tests, treatment, medications, products or procedures.

The NDs. All NDs have their own independent private practice, and other than using our Practice Management Services, the NDs are not in any other way associated with Conceive. The relationship between Conceive and the NDs is not a partnership, joint venture, employer/employee, franchisor/franchisee or legal representative.

All NDs are subject to rules and regulations of the College of Naturopaths of Ontario (“College”), and are restricted from provided services that are not in compliance with the College or applicable legislation in the province of Ontario. You may not use the Platform or book appointments with NDs in jurisdictions where doing so is prohibited by law.

Conceive is not responsible for any issues that you may have with respect to the NDs’ professional conduct, treatment, diagnosis, advice or information provided, or any other actions arising from your interaction with an ND.

You may be required to enter into a separate contract between you and the ND who you have an appointment with. Such contract may include, but is not limited to, choice of jurisdiction, governing law, privacy policies, health service consents, and non-disclosure clauses. Conceive shall not be liable for any professional advice provided to you by an ND during an appointment with them.

You acknowledge that an ND-patient relationship between you and the ND who you ultimately see does not begin until you actually see the ND for your consultation with them. You acknowledge that booking an appointment does not establish an ND-patient relationship. You acknowledge and understand that an a consultation with an ND may be a standalone consultation, and that whether or not the ND will follow up with you after your consultation is in the ND’s sole discretion.

Family Doctor Consultation. If you have a family doctor, you are encouraged to consult with them before using the Platform. You understand and acknowledge that NDs are not meant to be a replacement for your family doctor. In any case, you must consult with your family doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. You must not disregard medical advice provided to you by your family doctor.

Platform Maintenance and Technology Limitations. We will make reasonable efforts to keep the Platform operational but technical difficulties and/or ongoing maintenance may result in temporary interruptions to the Platform. We reserve the right, at any time, to modify, suspend, or discontinue our Platform at any time, with or without notice.

Users. Users can be users who browse our website (“Non-Registered Users”), or users who create an account via the Jane App (hereinafter defined) and book appointments via the Jane App (“Registered User”). Both Non-Registered Users and Registered Users are considered to be “Users.”

You can be a User if you are over 18 years old and if you can legally form a binding contract with us, but only if you agree to comply with these Terms and all applicable laws.

  1. WEBSITE CONTENT

The information and content provided on the Website (“Information”), including but not limited to website content, articles, opinions, and views, is provided for educational information purposes only. It is not designed or intended to constitute medical advice or to be used for diagnosis. Due to unique individual needs, you should book an appointment with an ND to determine the appropriateness of the Information for your specific situation and before making any decision regarding treatment or medication. Online resources are not a substitute for the personalized judgment and care of a trained ND.

Any Information created by us is believed to be reliable when posted and may be changed from time to time without notice. You assume full responsibility for the use of the Information and rely on it at your own risk. The Information is supplied “AS IS” and may contain typographical or other errors. Certain portions of the Information may have been contributed by other persons and should not be assumed to have been reviewed or endorsed by us. Conceive does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness, or suitability of the Information. We also expressly disclaim all warranties, representations, and conditions regarding the use of the Website or the Information. We assume no obligation to update the Information or advise on further developments concerning the topics mentioned. Neither Conceive nor the contributors of any Information are responsible for any damages whatsoever, arising out of or in connection with the use of the Website or your reliance on the Information, whether in contract (including fundamental breach), tort (including negligence), or otherwise.

Reference to, or mention of, specific products, processes, or services do not constitute or imply a recommendation or endorsement by us.

Any links we provide to other websites are provided only as references to help you identify and locate other internet resources that may be of interest. These other websites were independently developed by parties other than Conceive and we do not assume responsibility for the accuracy or appropriateness of the information contained, or endorse the viewpoints expressed, at those other websites. Your use of any third-party website is at your own risk and is subject to the terms of use of that website.

  1. BOOKING APPOINTMENTS

Booking with Jane App. The Platform utilizes a Third-Party Service Provider (hereinafter defined) called Jane (http://jane.app) to facilitate online appointment bookings and patient management (“Jane App”). You acknowledge that your use of the Jane App to book appointments and manage your patient profile is subject to Jane App’s own terms of use and privacy policy.

Creating an Account. In order to book an appointment online through the Platform, you must create an account within the Jane App (“Account”). Creating an Account will help you manage upcoming appointments, view appointment history, view and complete intake forms, view documents, update contact info, manage credit cards on file, pay balances, manage notifications and reminders, manage your consents, manage account username and password, and book new appointments.

When you create an Account, you agree to provide accurate information. You also agree that you will:

  • Always use a valid email address that belongs to you;
  • Keep your password safe and do not share your password with anyone else;
  • Accept all risks of unauthorized access to your Account;
  • Keep all Account information up to date at all times;
  • Be responsible for all activity linked to your Account;
  • Not leave your computer, tablet or mobile device unattended.;
  • Log out of the Jane App whenever you are not using it.
  • When using the Jane App in a public space, be aware of your surroundings and ensure that no one is looking over your shoulder.
  • Not share your Account with anyone else.
  • Immediately notify us of any unauthorized use of your Account, login email and password or any other breach of security.

Account Approval. After you create an Account, your Account is approved in our sole and absolute discretion and such approval may be withdrawn at any time in our sole and absolute discretion with or without notification.

Fees. Fees for appointments are as indicated in the appointment selection you choose to book via the Jane App (“Appointment Fee”). You acknowledge and understand that after your appointment has been completed, there are no refunds, either through Conceive or the ND.

Payments for Appointments. All credit cards are processed through the Jane App (“Payment Processor”). This means that the processing of your credit card, as applicable, will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In any credit card transaction, we will obtain certain transaction details from the Payment Processor, which we will use in accordance with our Privacy Policy.

The Jane App securely stores your credit card information that you provide at the time of appointment booking or account set-up. After your appointment is complete, you will either be charged in-person at our clinic or your credit card on file will be charged within 24 hours of your appointment time.

For any additional charges (i.e. lab tests, supplements) you will be contacted for your approval, prior to the transaction taking place. Please note that lab requisitions and supplements will not be provided until payment has been received. If you have concerns or would like alternative payment arrangements, please contact us by phone at 416-364-2236, or email info@conceivehealth.com.

Appointment Cancellations. If you need to cancel a booked appointment, we require at least 24 hour’s notice before your booked appointment time. For patients who provide less than 24 hour’s notice or miss their appointment, we reserve the right to charge you a cancellation fee equal to 50% of the value of the missed or late-cancelled appointment (“Cancellation Fee”). This Cancellation Fee will be charged to the credit card you have on file with us through the Jane App.

Intake Form. You will be required to fill out our intake form via the Jane App before your appointment. This form will require both personal information and personal health information and is subject to Conceive’s Privacy Policy as well as Jane App’s terms of use and privacy policy.

  1. THIRD PARTY SERVICE PROVIDERS

Subject to Terms of Third-Party Service Providers. You acknowledge that the Platform relies on best-in-class third-party service providers, such as the Jane App (“Third-Party Service Providers”), to provide you with certain aspects of the Platform (“Platform Components”). Such Platform Components are subject to the terms, conditions and privacy policies of those Third-Party Service Providers. In short, we cannot promise you more than what our Third-Party Service Providers have promised us.

Resolving Issues with Platform Components. We will use commercially reasonable efforts to ensure that we are able to provide all aspects of the Platform at all times, including the Platform Components, but you must acknowledge that the Platform Components are not within our direct control. We will also use best efforts to resolve any issues with our Third-Party Service Providers, but ultimately, you acknowledge that we are not responsible for and we do not warrant the availability, suitability, quality, timeliness or condition of the Platform Components, and that you accept the Platform on an as-is basis.

Jurisdiction of Third-Party Service Providers. Due to the nature of our Third-Party Service Providers on which we rely, any information or data transmitted through the Platform may be transmitted through or stored in jurisdictions other than Canada, over which we have no direct control and which may have local legislation that applies. While we are using best-in-class Third-Party Service Providers and we have made best efforts to ensure that such service providers treat your data in ways that would be similar to how we would treat your data, you acknowledge that we ultimately have no control over such service providers and therefore, you acknowledge that we shall have no liability for any acts or omissions of our Third-Party Service Providers and the data that is transmitted through or store by them.

Liability Disclaimer. You hereby release us from all liability arising from any acts or omissions of our Third-Party Service Providers and the data that is transmitted through or stored by them.

  1. LICENSE GRANT & RESERVATION OF IP RIGHTS

Platform License Grant. We grant you a limited, non-exclusive, non-transferable and revocable license to use the Platform. Unless otherwise specified in writing, you may not resell, lease or provide it in any other way to anyone else.

License Grant for Linking. You are granted a limited, non-exclusive right to create a text hyperlink to the Platform, provided that such link does not portray us, or the Platform in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphic of ours to link to the Platform without the express written permission by us.

Reservation of Rights in Proprietary Materials. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ours or any third party.

The Platform, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object, code and software (with the exception of licensed components) and all other protectable intellectual property available through and comprising the Platform (the “Proprietary Materials”) are the property of Conceive Inc. or our Third-Party Service Providers and are protected by copyright and other intellectual property laws. Our rights in such Proprietary Materials are expressly reserved.

You may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone, unless with our written consent. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Platform to other websites, blogs, forums, etc. unless with our written consent.

Trademarks. Conceive’s logo and all other product and service names, slogans or logos displayed on the Platform are registered and/or common law trade-marks of Conceive Inc., or our Third-Party Service Providers and may not be copied, imitated or used, in whole or in part, without the prior written permission by us. In addition, the look and feel of the Platform, including all icons, user interface and user experience elements, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission by us.

If Intellectual Property Rights Violated. Any violation of our intellectual property rights may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

  1. LIMITATIONS ON USE

Unacceptable Uses. You must not:

  • Use the Platform in a way prohibited by law, regulation, governmental order or decree;
  • Use the Platform to violate the rights of others;
  • Use the Platform in a way that could harm the Platform or impair anyone’s use of it, including the use of any type of bot, virus, worm, or any other malicious code or instructions that are used to provide a means of surreptitious or unauthorized use of the Platform or damage the Platform;
  • Use the Platform for any illicit, obscene, abusive, violent, threatening purpose;
  • Use the Platform for any high-risk, inherently dangerous, time-sensitive or mission critical purposes;
  • Use the Platform in a way that it is not intended to be used, including placing an unreasonable load on the Platform infrastructure;
  • Use the Platform for the purpose of product benchmarking or other comparative analysis intended for publication without our written consent;
  • Use the Platform to develop or enhance any software, or any other derivative works of any software without our prior written consent;
  • Crawl or scrape the Platform;
  • Use the Platform to reverse engineer, decompile or disassemble the Platform;
  • To stalk or otherwise harass, threaten, or defame Conceive, other the Platform Users, or any other person or entity;
  • Use the Platform in a way that is harmful, fraudulent, obscene or otherwise objectionable;
  • Jeopardize the security of your Account or anyone else’s including allowing someone else to log in to your Account;
  • Attempt, in any manner, to obtain the password, account or other security information of any other User;
  • Violate the security of any computer network or crack any passwords or security encryption codes;
  • To attempt to probe, scan or test the vulnerability of any the Platform server or network or breach any security or authentication measures;
  • Assist any other party, directly or indirectly in performing those foregoing acts described above in (i) to (vi).

Fair Use. We are committed to providing best-in-class service and value to all Users of the Platform. To this end, we retain the right to impose limits on your usage of the Platform if we reasonably believe that your usage, including, but not limited to, the total number of booked appointments is not consistent with normal, fair and reasonable use of the Platform. These limits may change from time to time, in our sole discretion, and may be based on certain factors, either in the aggregate or on a per-feature basis. Where possible, we will use best efforts to give you written notice before taking any action.

Compliance with Laws. Your use of the Platform is subject to all applicable local, provincial, federal and international laws and regulations (including, without limitation those laws governing data collection, export control, consumer protection, unfair competition, anti-discrimination, false advertising, criminal laws, etc.)

Prohibitions on Information Entered. Throughout your use of the Platform, you will be prompted to enter various information, such as text for our web contact form or patient information via the Jane App (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas. While using the Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy pro publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, unless expressly permitted by such third party;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content used to probe, scan or test the vulnerability of the Platform, our servers, or service providers or our network; and
  • Content that is unrelated to the topic of the Interactive Areas in which such content is posted.
  1. DISCLAIMERS

Warranty Disclaimer. Your use of the Platform as well as the NDs’ services is at your own risk. The Platform and the NDs’ services are provided to you on an “as-is” and “as-available” basis without warranties from Conceive of any kind, either express or implied. Conceive expressly disclaims all representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title and non-infringement. Conceive expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the Platform and the NDs’ services and assumes no liability or responsibility to you for any errors, mistakes, or inaccuracies in the Platform’s or the NDs’ services. If any applicable authority holds any portion of this section to be unenforceable, then Conceive’s liability and responsibility will be limited to the extent permitted by law.

Disclaimer Regarding NDs. Conceive does not expressly endorse any of the NDs who you may book an appointment with. Any statements, programs, opinions, or other information that may be provided to you by an ND are solely attributable to that ND and not Conceive. Reliance on any information or advice provided by an ND is solely at your own risk. Conceive makes no representations or warranties as to the conduct, ability or the efficacy, accuracy, completeness, timeliness or relevance of the information provided by any ND. NDs are responsible for complying with regulatory requirements for licensing, professional conduct, malpractice and liability insurance. All interactions with NDs are between you and the ND, subject to our Privacy Policy. You acknowledge that we rely on representations and warranties from NDs that they are in good standing with their applicable regulatory body and that they have valid malpractice insurance.

  1. LIMITATION OF LIABILITY

In no event will Conceive Inc., it’s respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of:

  • Your access, use or inability to use the Platform;
  • Your use of any content in the Platform;
  • Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence;
  • Any condition caused by events beyond the control of Conceive that may cause the Platform to be disrupted or otherwise;
  • Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with the Platform;
  • Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of the Platform);
  • Personal injury or property damage, of any nature whatsoever resulting from your use of the Platform or your consultation with an ND;
  • Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to our through the Platform by any third party;
  • The cost of procurement of substitute goods and services resulting from your use of the Platform, and the ND’s services;
  • Statements, services or conduct of the NDs or any third party;
  • Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from registering, enrolling, or participating in the Platform; and
  • The conduct of you, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information or advice provided by an ND during your appointment.

By using the Platform, you agree not to hold Conceive, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, liable in any way for any malpractice or substandard treatment the ND may render to you.

In no event shall Conceive’s total liability to you for any and all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to Conceive or the ND. If any portion of this Limitation of Liability is found to be invalid, Conceive’s liability shall be limited to the extent permitted by applicable law.

  1. INDEMNIFICATION

You agree to defend, indemnify, and to hold harmless Conceive Inc., its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:

  • Your access, use or inability to use the Platform;
  • An allegation that you violated any of these Terms;

Your agreement to defend, to indemnify, and to hold Conceive Inc. harmless applies whether a claim against us arises out of contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that we caused damage to you or any third party and your use and access of the Platform.

  1. COMMUNICATIONS

Notice Methods. We may provide notices to you in the following ways:

  • By email to the email address specified in your patient profile in the Jane App;
  • By calling the telephone number specified in your patient profile in the Jane App;
  • By sending you an SMS text message to the cell phone number you specified in your patient profile in the Jane App.

Content of Notices. The notices we provide to you will consist of information regarding new, cancelled or rescheduled appointments, notices related directly to your appointment with the ND with whom you had an appointment, notices related to privacy, security or consents, etc. (“Administrative Messages”)

For other messages and information related to Conceive, other than Administrative Messages (such as news, specials and promotions), you will only receive these messages if you expressly opt-in to consent to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.

  1. TERMINATION

You or Conceive may terminate these Terms and your use of the Platform at anytime. Termination occurs when you either stop using the Platform or Conceive notifies you of such Termination. All Terms will survive termination.

  1. APPLICABLE LAW & DISPUTE RESOLUTION

Governing Law. The Platform is controlled by Conceive Inc. and operated by it from its offices in Toronto, Canada. Both you and Conceive Inc. agree that both parties will benefit from establishing a predictable legal environment with regards to the Platform. Therefore, you and Conceive Inc. explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform will be governed by the laws of Ontario and Canada.

Waiver of Future Class Action. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Conceive Inc. related to any claim, and where applicable, you also agree to opt out of any class proceedings against Conceive Inc.

  1. FEEDBACK

“Feedback” includes, without limitation, bug reporting, feedback, ideas or suggestions relating to Conceive Inc. new or improved features, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotion. We have no obligation to review any Feedback nor do we have any obligation to keep any Feedback confidential. If you do send us any Feedback, Conceive Inc. will automatically own such Feedback without restriction, and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your Feedback, you should not send them to us.

  1. GENERAL

Electronic Contracting. Your affirmative act of using the Platform constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Amendment. No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties.

Severability. If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

Force majeure. We shall not be liable for any delay or failure in performance of our obligations to you by reason of occurrence or contingency beyond our reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements or action or other events that are beyond our reasonable control.

Entire Agreement. These Terms, and the Privacy Policy, and any other terms expressly incorporated herein, represents the entire Agreement between you and us, and overrules any previous communications, understandings, etc.

Questions and Comments. If you have any questions regarding these Terms or your use of the Platform, please contact us at info@conceivehealth.com.

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