Terms of Use

The Maple Terms of Use were updated on December 8, 2020.

Contractual relationship

These Terms of Use (“Terms”) govern the access and/or use, by individuals who have registered with Maple and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “Maple Platform”), owned and operated by Maple Corporation (“Maple”, “we”, “us”). These Terms also govern participation in Maple’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively "Maple Programs"). For clarity, these Terms set out circumstances in which you may use the Maple Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to seek Healthcare Services as defined below (each a “Registered Dependent“).

By accessing and using the Maple Platform, or participating in any Maple Programs, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Maple. If you do not agree to these Terms at any point, you must immediately cease accessing the Maple Platform and participating in any Maple Programs.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Maple Platform or participating in any Programs, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.

On notice to you, Maple may immediately terminate these Terms and/or any Maple Programs, and/or access to the Maple Platform or participation in any Maple Programs, or generally cease offering or deny access to the Maple Platform or any portion thereof and/or any Maple Programs, at any time, for any reason.

Authorized Physicians, Authorized Non-Physician Providers, Maple Telemedicine Platform

Authorized Physicians

All physicians providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Physician”) are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada. Maple is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the Maple Platform.

To the extent permitted by the law in the Province or Territory in which you reside, Authorized Physicians may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Physicians and Surgeons” of the Province), in the Province or Territory in which the Physician Practices.

Authorized Non-Physician Providers

All non-physician providers providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Non-Physician Provider”) are independent, regulated health professionals (such as psychotherapists or nurses) registered to provide healthcare in a Province or Territory of Canada. Maple is not a healthcare provider. Authorized Non-Physician Providers alone are responsible for the Healthcare Services and Informational Services they provide through the Maple Platform.

To the extent permitted by the law in the Province or Territory in which you reside, Authorized Non-Physician Providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Non-Physician Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Non-Physician Provider Practices.

Services

Authorized Physicians and Authorized Non-Physician Providers may provide two kinds of services through the Maple Platform: health care services (“Healthcare Services”) and/or general information about diseases and conditions and how they are treated in Canada (“Informational Services”).

Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location. During your telemedicine consultation with an Authorized Physician or a Non-Physician Provider, you will be asked to provide the Authorized Physician or Non-Physician Provider certain Personal Information including Personal Health Information (collectively referred to together as “Information”). When discussing Healthcare Services, information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.

The type of services that are available to you through the Maple Platform depends on your province of residence and the location you are in at the time you request the services. This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.

1) Healthcare Services, Limits on Healthcare Services
Healthcare Services will only be made available to you if you are a temporary or permanent resident of a Canadian Province or Territory, whether or not physically in the Province or Territory at the time that you request the Healthcare Services (“Residency Requirements”). The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship. Maple is not a party to that relationship. The relationship between you and an Authorized Non-Physician Provider providing Healthcare Services is a provider-patient relationship. Maple is not a party to that relationship.

There are restrictions on the Healthcare Services that can be provided through the Maple Platform. YOU MUST NOT USE THE MAPLE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.

The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.

In addition to the limitations set out above, Authorized Physicians and Authorized Non-Physician Providers are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.

YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN OR AN AUTHORIZED NON-PHYSICIAN PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.

You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the Maple Platform.

Authorized Physicians and Authorized Non-Physician Providers have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.

Not a Replacement for Primary Care. Please note that interaction with an Authorized Physician through the Maple Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician. We do not provide your family physician with a report about the Healthcare Services that you receive through the Maple Platform. So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the Maple Platform enables you to send a summary of your Healthcare Services to a physician of your choice.

2) Informational Services. Limits on Informational Services

Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone in radio show), and are not Healthcare Services. The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment. Maple is not a party to your relationship with an Authorized Physician or an Authorized Non-Physician Provider providing Informational Services.

Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Maple, Authorized Physicians, and Authorized Non-Physician Providers providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Maple or an Authorized Physician, or an Authorized Non-Physician Provider directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.

Authorized Physicians and Authorized Non-Physician Providers have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.

Privacy

Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy, located at www.getmaple.ca/privacy. You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.

By authorizing someone else (a “Third Party”) to pay the fees for your Healthcare Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Maple, and Maple will rely on your representation, that:

a. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Maple Platform and Healthcare Services and/or Informational Services;

b. disclosing the information that you have requested Healthcare Services to the Third Party to permit Maple to process payment for the Healthcare Services and/or Informational Services; and

c. notifying the Third Party of any changes or termination of your access to the Maple Platform.

If you have questions about our privacy program, our management of your Information, or the personal information that we disclose to Third Party payers, please contact us as set out in the Privacy Policy.

How it Works

The Maple Platform and Healthcare Services

The Maple Platform enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, for you. The Maple Platform and Healthcare Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Healthcare Services. By using the Maple Platform and Healthcare Services, you represent and warrant that you, or any Registered Dependent, meets the Residency Requirements at the time that the Healthcare Services are provided. You agree that the Maple Platform is made available solely for your personal and non-commercial use.

The Maple Platform also enables you to: store Information (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Physicians and Authorized Non-Physician Providers; and receive and store prescriptions and sick notes, among other documents, from Authorized Physicians and Authorized Non-Physician Providers electronically. The Maple Platform offers optional services that Maple will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a physician of your choice; fax securely your prescription to your chosen pharmacy and receive notice when it is ready for pick-up; open an account for you with a prescription delivery service; and, where available, securely transmit your information to the prescription delivery service.

The Maple Platform and Informational Services

The Maple Platform enables you to access the online provision of general medical information from Authorized Physicians and Authorized Non-Physician Providers. You acknowledge and agree that the Maple Platform and Informational Services are made available solely for your personal and non-commercial use.

For Clarity

BY REGISTERING TO USE THE MAPLE PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:

1. The Maple Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Physicians and Authorized Non-Physician Providers for the provision of Healthcare Services and/or Informational Services, that Maple is not a party to the relationship between you and any Authorized Physician or Authorized Non-Physician Providers providing Healthcare Services and/or Informational Services. Authorized Physicians and Authorized Non-Physician Providers are independent contractors who are not employed by Maple or otherwise affiliated with Maple.
2. AUTHORIZED PHYSICIANS AND AUTHORIZED NON-PHYSICIAN PROVIDERS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
3. As with any other medical consultation, no results can be guaranteed or assured: your Authorized Physician or Authorized Non-Physician Provider may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the Maple Platform.
4. As with any other health care service, there are risks associated with the use of the Healthcare Services.
5. There are risks associated with any inappropriate reliance on Informational Services.
6. The Maple Platform may not permit the transmission of information in a way that allows the Authorized Physician or Authorized Non-Physician Provider to provide Healthcare Services or Informational Services (e.g., poor resolution of images).
7. You are responsible for providing the Authorized Physician and Authorized Non-Physician Provider with the information that he or she advises is required in order to provide you with Healthcare Services or Informational Services.
8. The laws that protect the privacy and security of PHI apply to telemedicine; (again, please see our Privacy Policy).
9. The content and material appearing on the Maple Platform could include technical, typographical or photographic errors. Maple does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).

Content

None of the information or materials (collectively, excluding Healthcare Services, (“Content”) available through the Maple Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only.  It is your responsibility to discuss any Content with your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.

Ownership

The Maple Platform, all Contents and rights therein, except PHI, are and shall remain Maple’s property or the property of Maple’s licensors. Neither these Terms nor your use of the Maple Platform convey or grant to you any rights to use or reference in any manner Maple’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Maple’s licensors. 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 Content, except as expressly permitted by these Terms.

Preliminaries: User Accounts

In order to use the Maple Platform, including obtaining Healthcare Services or Informational Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account, unless you are associated with a Third Party that permits individuals under the age of 18 to create a User Account (e.g. such as an international student in Canada associated with a specific insurance provider that is paying Fees on your behalf) and you meet the Third Party minimum age requirement specified to you in any additional terms at the time you create the User Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your User Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.

You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Maple in writing, you may only possess one User Account.

Restrictions

While using the Maple Platform, 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 the Maple Platform except as expressly permitted by Maple.
3. Decompile, reverse engineer or disassemble the Maple Platform except as may be permitted by applicable law.
4. Link to, mirror or frame any portion of the Maple Platform.
5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Maple Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Maple Platform.
6. Attempt to gain unauthorized access to or impair any aspect of the Maple Platform, or its related systems or networks.
7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
8. Use the Maple Platform in a manner that violates any laws.

In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Maple Platform, including Authorized Physicians and Authorized Non-Physician Providers. You agree that you will not contact Authorized Physicians and Authorized Non-Physician Providers in respect of Healthcare Services or Informational Services except through the Maple Platform. For clarity, Maple has no interest in or control over any interaction that you may have with Authorized Physicians and Authorized Non-Physician Providers outside the Maple Platform and unrelated to Healthcare Services or Informational Services.

Termination

As set out above, Maple reserves the right to terminate any User’s access or use of the Maple Platform at any time, for any reason. If your User Account is terminated, Maple will have no further obligation to provide access to the Maple Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Physician or an Authorized Non-Physician Provider in connection with his or her professional obligations to you.

You may deactivate your User Account at any time, for any reason, by logging in to your User Account at https://app.getmaple.ca/login. Please see our Privacy Policy in relation to our management of Information on the deactivation of a User Account.

Fees/Physician Payment/ Payment Options

Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for those elements of Healthcare Services not covered by the provincial health plan in your Province or Territory of residence. We do not charge for services that are covered by provincial health plans. Where you have questions about fees charged for Healthcare Services, please contact us.

You understand that you will be charged a fee for any Healthcare Services and/or Informational Services you receive from an Authorized Physician and/or an Authorized Non-Physician Provider, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are two options available for payment: pay-per-visit or membership. These options are described below.

We charge Authorized Physicians and Authorized Non-Physician Providers a service fee for using the Maple Platform which we deduct from the fees paid for Healthcare Services and Informational Services. Maple facilitates payment of the fees to the Authorized Physician or Authorized Non-Physician Provider. Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Authorized Physician or Authorized Non-Physician Provider. All fees for Healthcare Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.

Pay-per-visit option: You may pay the fees for Healthcare Services and Informational Services (“Fees”) at the time you request Healthcare Services and/or Informational Services. Maple requires you to submit credit card information prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services or Informational Services through the Maple Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Maple, on behalf of Authorized Physicians and Authorized Non-Physician Providers, may validate your credit card and put a hold on it in the amount of the Fees. Maple will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services or Informational Services. Maple will provide you with a receipt for the Fees you pay.

Membership option: Maple may allow you to purchase access to certain specified Healthcare Services or Informational Services during a fixed membership term for a flat fee (“Membership Fee”). Maple will notify you of the applicable Membership Fee and the Healthcare Services and Informational Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services or Informational Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services or Informational Services covered by your membership. The only additional fees would be for Healthcare Services or Informational Services you request that are outside of your membership and accordingly not covered by your Membership Fee. For access to Healthcare Services or Informational Services not covered by your membership, you must use the pay-per-visit-option. Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fees are non-refundable, except where Maple terminates your access to the Maple Platform, in which case Maple will give you a pro rata refund of your Membership Fee. For clarity, Maple will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.

Third Party Payment/Coverage

Maple may permit a Third Party (e.g. employer) to pay the Fees and/or Membership Fees for some or all of the Healthcare Services or Informational Services provided to a User or group of Users. In these circumstances, Maple has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with Maple to obtain Healthcare Services and/or Informational Services, and for whom the Third Party will pay the Fees or Membership Fees for some or all of the Healthcare Services or Informational Services they receive. The payment option will be determined by the Third Party and Maple. Maple is not a party to and has no control over the agreement between any User and a Third Party payer. Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fees. Maple will inform Users of any changes to or termination of their Third Party coverage. Users whose Third Party coverage is terminated may be given the option of continuing to use the Maple Platform under their existing account so long as they pay the Fees or Membership Fees.

Maple Referral Program, Maple Purchasing Credit Program, Maple Gift Card Program

The Maple Referral Program allows Users to earn credits towards future Fees (“Maple Referral Credits”) by referring friends to Maple. Credits can also be purchased in exchange for cash directly through the Maple Platform as part of the Maple Purchasing Credit Program (“Maple Cash Credits“).

How to earn Maple Referral Credits: Users can earn Maple Referral Credits if: (i) a referred friend clicks on their referral link to create a valid Maple account; and (ii) the referred friend provides and verifies their email address and phone number as part of the Maple registration process. The referring User will be credited with Maple Referral Credits in the amount described in the Credits section in the User’s Maple Account Settings. There is no maximum amount of credits a User can earn.

Redeeming Maple Referral Credits and Maple Cash Credits: Maple Referral Credits and Maple Cash Credits will automatically appear as a coupon on the checkout page at any time Fees are due for Healthcare Services and/or Information Services. Maple Referral Credits must be used within 24 months from the date they are issued. After 24 months, the Maple Referral Credits will expire. Maple Cash Credits do not expire. Maple Referral Credits and Maple Cash Credits may not be transferred or exchanged for any cash or money. Maple Referral Credits may not be earned by creating multiple Maple accounts. Maple Referral Credits and/or Maple Cash Credits accrued in separate Maple accounts may not be combined into one Maple account.

Sharing referral links: Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends. The Maple referral process does not send an electronic message from an electronic address.

Referred friends: Referred friends that have created a Maple account using a valid referral link will also receive Maple Referral Credits towards Fees. The standard Maple referral credit is $5.00 (five Canadian dollars), but may vary in some cases, for example if the referred friend signed up as part of a special promotion. The applicable credit amounts and additional terms and conditions will be provided in the referral invitation or accompanying materials.

Multiple referrals: A referred friend may only use one referral link. If a referred friend receives referral links from multiple Users, only the User who sent the referral link used by the referred friend will receive Maple Referral Credits.

Termination and Change: Maple may suspend or terminate the Referral Program or a User’s or referred friend’s participation and/or right to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or remove Maple Referral Credits if we notice any activity that we believe is abusive or fraudulent. Maple has the right but not the obligation to monitor referral activities, and to suspend accounts or modify referrals as deemed fair and appropriate. Maple accepts no liability as a result of either monitoring or not monitoring referral activities.

Disclaimer

THE MAPLE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” MAPLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MAPLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE MAPLE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MAPLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE MAPLE PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES.

Limitation of Maple’s Liability

UNDER NO CIRCUMSTANCE SHALL MAPLE 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 THE MAPLE PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS AND/OR AUTHORIZED NON-PHYSICIAN PROVIDERS. MAPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE MAPLE PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE MAPLE PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN OR ANY AUTHORIZED NON-PHYSICIAN PROVIDER. MAPLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MAPLE’S REASONABLE CONTROL. YOU AGREE THAT MAPLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE MAPLE SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS AND AUTHORIZED NON-PHYSICIAN PROVIDERS.

No liability for computers or networks used to access your account

Maple 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 the Maple Platform.

Indemnity

You agree to indemnify and hold Maple (which in this Section includes its directors, officers, employees, agents and shareholders) 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 the Maple Platform, Healthcare Services and/or Informational Services obtained through your use of the Maple Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Physicians and/or Authorized Non-Physician Providers, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the Maple Platform, you may use certain services that are not provided by Maple and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by Maple, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Maple.

General Provisions

Entire Agreement. These Terms constitute the entire agreement and understanding of Maple 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 the Maple Platform, 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 Maple’s prior written consent. Maple may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to External Websites. Links on Maple’s Platform to other websites or resources including those operated by parties other than Maple, are provided for your convenience. Maple 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 third party websites or resources is conducted at your own risk. Maple 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 the Maple Platform or its use, you can contact Maple Support by sending an email to support@getmaple.ca.

Privacy Policy

The Maple Privacy Policy was updated on February 21, 2020. The words and phrases used in this Policy have the same meaning as in Maple’s Terms of Use. You can also find a list of definitions at the bottom of this Policy or if you still have questions, contact our Chief Compliance Officer as indicated below.

Maple Corporation (“Maple”, “we”, “us”) uses a number of safeguards to protect the privacy of Users of the Maple Platform and the confidentiality of their Personal Information including Personal Health Information (collectively referred to together in this Privacy Policy as “Information”). When discussing Healthcare Services, Information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.

The agreement between Maple and physicians providing services through the Maple Platform, (Maple Physician Services Agreement) and the Terms of Use for the Maple Platform explain the services that Maple provides to Authorized Physicians and to Users respectively. The agreement between Maple and Non-Physician Providers providing services through the Maple Platform, (e.g. Maple Therapist Services Agreement) explain the services that Maple provides to Authorized Non-Physician Providers.

This Privacy Policy (“Policy”) summarizes how Maple collects, uses, discloses, retains, disposes of, destroys and protects Information as well as Data (information that does not identify an individual) in the course of providing our services. We are committed to complying with this Policy and with applicable Provincial and Federal privacy legislation.

Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Information by Authorized Physicians or Authorized Non-Physician Providers. Authorized Physicians and Authorized Non-Physician Providers are subject to privacy legislation and professional requirements that govern their management of Information, including Information they collect, use and retain in the course of providing services through the Maple Platform. Please feel free to ask any Authorized Physician or Authorized Non-Physician Provider to whom you are referred if you have questions about how he or she will treat your Information.

Collecting and using Information

Maple collects and uses Information only as necessary to provide our services, including to develop, assess, and improve our services. We only collect Personal Information if non-identifying information will not suffice. We minimize our collection and use of Information to what is needed for these purposes. For example, we do not record the audio or video portions of interactions between Users and Authorized Physicians and between Users and Authorized Non-Physician Providers through the Maple Platform.

As mentioned, Authorized Physicians and Authorized Non-Physician Providers are responsible for their collection, use, disclosure, retention, destruction and protection of Information. As a result, the following description is an overview only of the use generally made of Information for the purpose of providing services through the Maple Platform. A particular Authorized Physician or Authorized Non-Physician Providers may or may not chose to collect or use Information as described below in connection with a particular interaction with a User.

Healthcare Services

Authorized Physicians and Authorized Non-Physician Providers may collect Information about you or any Registered Dependent (as defined below) when you provide it during a Healthcare Services consultation (e.g., verbally or in texts), by viewing the Information that you have entered or uploaded to the Maple Platform and/or by creating or compiling Information in the Maple Platform. Information that will be available to Authorized Physicians and Authorized Non-Physician Providers includes: the details that you provide in your consultation request; information you’ve entered or uploaded to profiles and medical records; information created during earlier interactions through the Maple Platform with other Authorized Physicians and/or Authorized Non-Physician Providers; the name, email address, phone number, gender and date of birth and province/territory that you provided when you registered; and your emergency contact’s name and contact information. Authorized Physicians and Authorized Non-Physician Providers use Information to provide you with Healthcare Services and/or Informational Services and, as with any healthcare provider, must comply with the privacy legislation and medical record-keeping obligations to which they are subject. Authorized Physicians and Authorized Non-Physician Providers may create Information such as prescriptions, sick notes and other notes about your interaction with them through the Maple Platform. They may export or print copies of your Information that they collect. Authorized Physicians and Authorized Non-Physician Providers may, but are not required to email or text your emergency contact if they believe that you are dealing with a medical emergency during a consultation. You are responsible for advising your emergency contact that you are providing their name and contact information to Maple and Authorized Physicians and Authorized Non-Physician Providers, and for obtaining any necessary consent from them for the provision and use of their information in connection with the Maple Platform.

Informational Services

Authorized Physicians and Authorized Non-Physician Providers collect and use Information that you provide in the course of obtaining Informational Services, by viewing the information that you have entered or uploaded to the Maple Platform and by creating or compiling Information in the Maple Platform. The Information that they collect and use includes: the details that you provide in your request for Informational Services and information that you provided to register to use the Maple Platform (name, gender, date of birth and place of residence) to confirm your eligibility to receive Informational Services. Authorized Physicians and Authorized Non-Physician Providers are bound to comply with privacy legislation applicable to providers of Informational Services.

Provision of the Maple Platform

• We collect and use your Information to register you, create your User Account, authenticate you when you log in and personalize your experience while using the Maple Platform. We confirm your eligibility to use the Maple Platform for Healthcare Services and/or Informational Services by asking you to confirm your place of residence and date of birth that you provide when registering.
• We collect your provincial health card number in order to bill provincial health plans for those services that are eligible for coverage by provincial health plans.
• You may choose to enter or upload and store your Information in the Maple Platform such as your medical records, and the name and contact information for your emergency contact.
• When seeking Healthcare Services, you may also choose to enter or upload and store Information about individuals for whom you have the legal authority to make decisions regarding their healthcare and for whom you have created a profile by providing their first and last name, gender and date of birth (each a "Registered Dependent"). We use their date of birth where applicable and your assertion of their relationship with you to confirm your eligibility to obtain Healthcare Services for them, and their eligibility to receive Healthcare Services.
• We use Information that you enter, or upload, or which is created as part of an interaction with an Authorized Physician or Authorized Non-Physician Provider to make it available to you when you access your User Account.
• We may use Information for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements.
• We may use Information to help us create, develop, operate, deliver, support and improve the Maple Platform, its content and advertising provided to you through it (Maple’s and third parties’) unless you have decided not to receive such advertising.

Users eligible for Healthcare Services:

• To request Healthcare Services, you select any applicable symptoms relevant to your request. You may also specify whether you’re seeking to renew a prescription or obtain a sick note. We facilitate your disclosure to the Authorized Physician or Authorized Non-Physician Provider of that information, along with age and gender to determine whether your request is eligible. We do not identify you, or, if applicable, the Registered Dependent for whom you’re seeking the Healthcare Services. Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you. The Maple Platform presents to the Authorized Physician or Authorized Non-Physician Provider the Information you provided in your consultation request, your name and, if applicable, the name of the Registered Dependent for whom you’re seeking the consultation. Unless you have elected to withhold access to information held in the Maple Platform about you or any Registered Dependent, the Authorized Physician or Authorized Non-Physician Provider will be able to view it too.
• We use Information that you enter to provide you with services that you request us to perform on your behalf, e.g., securely faxing your prescription to your chosen pharmacy.
• We use your Information to text or email you to notify you about services that you request. For example, we notify you about the status of your consultations and other requests, such as prescription orders.
• We may collect location data through the use of GPS technology and your IP address where applicable to services you have requested, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider or pharmacy that is licensed or authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.

Users eligible for Informational Services:

• When you request Informational Services, you select any topics for which you are seeking education. On your behalf, we present the information that you provide to an Authorized Physician or Authorized Non-Physician Provider to determine whether your request is eligible for Informational Services. We do not identify you. Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you. The Maple Platform presents to the Authorized Physician or Authorized Non-Physician Providers the Information you provided in your request for Informational Services and your name.
• We use your Information to text or email you to notify you about services that you request, for example, about the status of your request for Informational Services.
• We may collect location data through the use of GPS technology and your IP address to support you in receiving services, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider who is authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.

Communicating with you

• Medical emergencies associated with requests for Healthcare Services. Should you submit Information about a medical issue, which is deemed an emergency by an Authorized Physician or an Authorized Non-Physician Provider prior to their acceptance of your request for Healthcare Services, Maple reserves the right to contact you at any time using any of the contact information you have provided. This contact is strictly for the purpose of informing you that an Authorized Physician or Authorized Non-Physician Provider has viewed your anonymized request and has declined the request based on their belief that your symptoms may represent a medical emergency.
• Updates and marketing. From time to time, we may send you service announcements, including policy updates and updates to our Terms of Use and software and keep you posted on our latest products and any upcoming events that may be of interest to you or apply to you. You may opt-out of receiving non-essential communications by logging in to your User Account and updating your preferences. For clarity, service announcements including updates to our policies and Terms of Use and software are not considered non-essential communications.
• Customer support. If you email, fax, write to us or complete a ‘contact us’ form on the Maple Platform, we will collect the name and contact information that you provide to us and will use it to respond to you.

We only permit our Personnel to access Information to the extent necessary to perform their designated functions. We require them to protect the Information and maintain its confidentiality by complying with our policies, procedures and applicable law.

Disclosing Information

We will not disclose, share, sell or rent your Information with or to any third party (except to the extent we disclose to Authorized Physicians or Authorized Non-Physician Providers, emergency contacts and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment, to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise Maple’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person. We may use or disclose your email address, but never PHI, information to market a product or service, either directly, or through a service provider or partner that performs services on our behalf.

We may disclose Information for the purposes of the due diligence required for or for the completion of a transaction such as a merger, acquisition or asset sale. We will comply with any applicable legal requirements, including notice requirements, that apply to such transactions.

Retaining and disposing of Information

Unless we otherwise give you notice, we will retain your Information on the Maple Platform on your behalf until such times as you or we terminate your User Account. On termination, you will have an opportunity to print or make copies of your Information subject to the following. To ensure that Authorized Physicians and Authorized Non-Physician Providers may exercise any authority they have to withhold Information they compile in connection with Healthcare Services from patients under the law, you will be required to request any access you would like to notes made by an Authorized Physician or an Authorized Non-Physician Provider about your consultation from the Authorized Physician or Authorized Non-Physician Provider. With the exception of residents of Prince Edward Island receiving Healthcare Services in Prince Edward Island, Maple is not the custodian of Information held on the Maple Platform; rather it holds Information on behalf of Users or Authorized Physicians and Authorized Non-Physician Providers. For residents of Prince Edward Island receiving Healthcare Services in Prince Edward Island, Maple is a custodian, as defined by the PEI Health Information Act. On termination of your User Account, once you have been given the opportunity to print or make copies of your Information, we will delete the Information associated with your User Account, except Information that an Authorized Physician or Authorized Non-Physician Provider advises us he or she requires in connection with a consultation or Informational Services the Authorized Physician or Authorized Non-Physician Provider provided. In such circumstances, Maple will destroy the Information when the Authorized Physician or Authorized Non-Physician Provider has obtained a copy or terminates his/her account with Maple.

Accessing and correcting Information

Healthcare Services

You can access your Information or that of your Registered Dependents to check that it is accurate, complete, and up to date by logging in to your User Account at https://app.getmaple.ca/login.

You may update and edit any of your Information except Information an Authorized Physician or Authorized Non-Physician Provider has viewed or created Information during a Healthcare Services consultation when you log in to your User Account. Contact the Authorized Physician or Authorized Non-Physician Provider who provided the Healthcare Services to access or request the correction of Information in their notes on the Maple Platform or that they hold in their medical records.

Informational Services

You can access Information you provided in your request(s) for Informational Services by logging in to your User Account at https://app.getmaple.ca/login.

Your choices

The Maple Platform offers you functionality and choices for protecting your privacy which include:

• You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the Maple Platform, we will send a code to your mobile number, which you will need to enter. This added security prevents anyone else from accessing your Maple account unless they have access to your log in information and your mobile phone.
• You may choose whether to use audio, chat, or video for interactions with Authorized Physicians and Authorized Non-Physician Providers.
• When seeking Healthcare Services, you may withhold Information, e.g., consultation information and medical records from Authorized Physicians and/or Authorized Non-Physician Providers. Please be aware that Authorized Physicians and Authorized Non-Physician Providers may be unable to provide you with Healthcare Services as a result. They will advise you of the implications of your choice.
• When seeking Informational Services, any previous Information collected e.g., consultation information and records, will not be accessible by the Authorized Physician or Authorized Non-Physician Provider providing the services unless you specifically elect to provide access.
• You may choose whether to receive communications by email or SMS.
• You can check your log-in history when you access the Maple Platform.
  Please contact us directly at support@getmaple.ca for assistance with using the privacy functionality or with any questions about using the Maple Platform. Additionally, you may contact us at any time to: stop receiving e-mails or other correspondence from us, seek assistance with viewing and correcting Information, and close your User Account. To protect privacy, we may request information to verify your identity when you contact us.

Safeguarding Information

Maple takes the security of your information seriously. We store your information in electronic format within Canada, using computer systems with restricted access and housed in facilities using physical security measures. More generally, we have in place appropriate physical, technological, and organizational safeguards to protect Information against loss, theft, and unauthorized access, use and disclosure. As mentioned, Maple Personnel are obligated to protect Information by adhering to our policies, practices and applicable laws.

You also play an important role in protecting your privacy and the confidentiality of your Information. For example:

• Create a strong and unique password for your User Account, using Maple’s password strength estimator, and update it periodically.
• Do not share your User Account or password with anyone. We will never ask you for your password, including in any unsolicited communication such as letters, phone calls or email messages, so please contact us if you receive such a request.
• Log out of your User Account once you are finished using it, especially if you share your Device with anyone else.
• Have a strong and unique password on your Device, too.
• Choose a quiet, private location from which to receive services from Authorized Physicians and Authorized Non-Physician Providers.

Collecting, using and sharing Data

Maple de-identifies Information on behalf of Authorized Physicians and Authorized Non-Physician Providers. Under their agreement with Maple, Authorized Physicians and Authorized Non-Physician Providers permit Maple to collect and use the resulting de-identified data for purposes that include: quality control activities designed to ensure use of the Maple Platform in compliance with the Maple Physician Services Agreement, Authorized Non-Physician Provider Agreements such as the Maple Therapists Agreement,  and the Terms of Use; improving the Maple Platform and more generally, the use of patient-initiated telemedicine services (through an understanding of usage and utilization patterns by Users and Authorized Physicians and Authorized Non-Physician Providers); conducting academic research and designing surveys (to be posted and completed at the discretion of Users). We will not use Data to re-identify individuals.

Cookies and similar technologies

The Maple Platform, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. We use these technologies to better understand User behaviour, analyze trends, administer, personalize and improve the experience of using the Maple Platform. You have the ability to accept or decline our use of cookies. You can refuse cookies by turning them off or blocking them in your Internet browser. If you decide to turn off or block cookies, the Maple Platform might not function correctly. At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the Maple Platform. These companies may also use cookies and other technologies to report certain information about your visits to the Maple Platform and other websites (such as web pages you visit from and your response to ads on the Maple Platform) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our Maple Platform. By using the Maple Platform and not turning off cookies, you are consenting to their use for the purposes described in this Policy. To learn more about advertising on electronic sites and opting-out of receiving ads, you can visit the Digital Advertising Alliance website at www.aboutads.info/choices/ or the Digital Advertising Alliance of Canada website at www.youradchoices.ca/choices.

Links and third party websites and applications

The Maple Platform may contain links to other websites that we do not own or operate. These links are not intended as an endorsement of or referral to the linked websites. We strongly encourage you to review the privacy policies applicable to any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites or their operators which are provided solely for your convenience.

Policy changes

We publish the current version of our Policy at www.getmaple.ca/privacy. We reserve the right to amend our Policy at any time. Check back often to ensure you are aware of our current practices for collecting, using, disclosing, retaining, destroying and protecting Information.

Contact Us

If you have any questions, concerns or suggestions about our privacy practices, please contact our Chief Compliance Officer. Please include your name and contact information if you’d like us to respond to you.

Maple Corporation
ATTN: Chief Compliance Officer
support@getmaple.ca
(888)-886-4724
355 Adelaide Street West, Suite 100
Toronto, ON M5V 1S2

Definitions

• “Authorized Physician” means a physician who is registered to practice medicine in a Province or Territory of Canada, meets Maple’s other criteria, and is permitted to provide Healthcare Services and/or Informational Services through the Maple Platform.
• “Authorized Non-Physician Provider” means an independent, regulated health professional (such as a psychotherapist or a nurse) registered to provide healthcare in a Province or Territory of Canada, meets Maple’s other criteria, and is permitted to provide Healthcare Services and/or Informational Services through the Maple Platform.
• “Data” means information collected or compiled through the Maple Platform which has been de-identified.
• “De-identify” in relation to PHI, means to remove information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual.
• “Device” means a mobile or desktop device owned or controlled by a User and used to access Maple Physician Services.
• “Health Care” means any observation, examination, assessment, care, service or procedure that is provided by a physician or a non-physician healthcare provider to an individual to diagnose, treat, or maintain the individual’s physical or mental condition, to prevent disease or injury to the individual, or to promote the individual’s health.
• “Healthcare Services” means the provision of Health Care by an Authorized Physician or an Authorized Non-Physician Provider through the Maple Platform.
• “Informational Services” means the provision of general information about a disease or condition, rather than patient specific medical information, for educational purposes only and for clarity, not including a diagnosis, treatment or advice based on observation, examination or assessment of a particular patient.
• “Maple Platform” means the hardware, software, applications, websites, content, products and services owned and/or operated by us, which include the software that enables Authorized Physicians and Authorized Non-Physician Providers to provide Healthcare Services and Informational Services to Authorized Users.
• “Personal Information” means information about an identifiable individual which is not PHI and which is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the Maple Platform.
• “Personnel” in relation to Maple, means its employees and agents including independent contractors and sub-contractors, for whom Maple is responsible at law.
• “PHI” or “personal health information” means information about an individual’s health or healthcare that is subject to Privacy Law and that is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the Maple Platform.
• “Privacy Law” means the applicable legislation governing the collection, use, disclosure, and/or protection of PHI in the Province or Territory in which a User resides.
• “User” means an individual who has registered and created a Maple User Account in accordance with our Terms of Use and is thereby eligible to receive Healthcare Services and/or Informational Services through the Maple Platform.