Maple Platform Terms of Use (User Agreement)

Maple last updated the Terms of Use (User Agreement) (“Terms”) on October 18, 2023. We post the current version of the Terms at www.getmaple.ca/. We reserve the right to amend the Terms at any time to account for changes in applicable law and regulations, our services, our practices, and/or the Maple Platform. Depending on the nature of the change, we will post the updated version of these Terms at www.getmaple.ca with the date these Terms were last revised and/or notify you by posting a notice of material amendments to these Terms as required by applicable law. Please check to see if we have amended these Terms since you last used the Maple Platform. We may but are not obligated to post notice of amendments. By using the Maple Platform or participating in any Maple Programs after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms.

A. The Maple Platform and Services.

Maple Corporation (“Maple”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Maple Platform”). The Maple Platform enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through the Maple Platform are referred to in these Terms collectively as “Healthcare Services”). The Maple Platform also enables Users to store certain personal and personal health information (collectively “PHI”), share their PHI with Authorized Providers, electronically receive and store prescriptions, sick notes and other documents. In addition, Maple provides optional services at a User’s direction. Those services include Maple securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice, securely faxing prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready for pick-up, opening an account for Users with a prescription delivery service, and where available, securely transmitting User information to a prescription delivery service. Maple may make additional optional services available to Users from time to time.

B. Eligibility.

In order to open an account to use the Maple Platform (“M-Account“), you must:

• be at least 18 years of age, be associated with and meet the age and other eligibility requirements established by an institutional client of Maple (see Section O(3), “Third Party Payment/Coverage”) and be registered by that client (for example, international students in Canada whose User fees are paid by an insurance provider registered with Maple);
• be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements“); and
• register with Maple.

Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use the Maple Platform on their behalf. Users are required to create a separate “profile” for each Registered Dependent, which includes his or her name and other personal information. Where you are using the Maple Platform on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires Maple to accept any registrant as a User, notwithstanding that the registrant meets Maple’s eligibility requirements as amended from time to time. Supplementary terms specific to certain Users (“Supplementary Terms”) may also apply. Supplementary Terms are incorporated into and become part of these Terms.

C. Agreement with Maple.

These Terms govern Users access to and use of the Maple Platform. On acceptance by a User, these Terms constitute a binding agreement between Maple and the User. These Terms also govern a User’s participation in Maple’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively “Maple Programs”). By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the Maple Platform and participating in any Maple Programs.

In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions, guidelines or rules (such as the Supplementary Terms noted above) which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. Maple’s Privacy Policy, which forms part of these Terms and is hereby incorporated by reference, is posted at www.getmaple.ca/privacy (“Privacy Policy”).

D. User representations and warranties.

You represent and warrant (promise) to Maple and acknowledge that Maple is relying on your representations and warranties that:

• you and your Registered Dependents meet the Residency Requirements and will continue to do so at the point in time that you request and that Healthcare Services are provided;
• you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and
• you will use the Maple Platform solely for your personal and non-commercial use.

E. Nature and Scope of Healthcare Services

1. Authorized Providers, Relationship with User. Only regulated health professionals may provide Healthcare Services. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. “Authorized Physicians” are physicians registered to practice medicine in at least one province or territory of Canada. “Authorized Non-Physician Providers” are regulated health professionals other than physicians (such as psychotherapists or nurses) registered to practice their profession in a province or territory of Canada.
2. Telehealth licensing requirements. Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. In some cases, the information is available on our website. If you would like more information, please consult the regulator (generally referred to as the “College” of a regulated health profession, for example the “College of Physicians and Surgeons”) of which the Authorized Provider is a member. Most if not all health profession regulators in Canada maintain a register of their members accessible through their website.
3. Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Maple does not provide your primary care provider with a report of the Healthcare Services that you receive. We strongly recommend that you at least notify your primary care provider that you received, and the reason for which you received Healthcare Services so that your primary care provider can take them into account, including any medications prescribed for you. Your primary care provider may ask you to describe what the Authorized Provider found. To assist you in providing that information, the Maple Platform enables you to send a summary of your Healthcare Services to the healthcare provider of your choice.

F. Healthcare Services Terms of Use.

As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

1. The Maple Platform is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While Maple facilitates access to Healthcare Services provided by Authorized Providers, it is not registered to provide Healthcare Services and does not do so as more particularly described below.
2. Authorized Providers are independent contractors who have chosen to use the Maple Platform to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of Maple in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which Maple is not a party.
3. AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW.
4. As the rules regarding telehealth differ (or may differ from time to time), among the provinces and territories, the Healthcare Services that are available to you will depend on your province or territory of residence and the location you are in at the time you request the services.
5. You will only request Healthcare Services for you or for your Registered Dependents.
6. As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
7. You are responsible for providing the Authorized Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services.
8. As with any other health care service, there are risks associated with the use of the Healthcare Services. In addition to any risks communicated to you by your Authorized Provider, there are risks unique to telehealth, which include that the Maple Platform may not permit the transmission of information in a way that allows the Authorized Provider to provide Healthcare Services (for example, due to poor resolution of images). Other risks of the use of electronic means to transmit and store information are described in Maple’s Privacy Policy.
9. THE MAPLE PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
10. The following symptoms are NOT eligible to be treated through 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.
11. Unless they have an ongoing treating relationship with you, Authorized 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.
12. ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL 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.
13. You will not report drug reactions, side effects or adverse events through the Maple Platform. You will report any medication reactions, side effects or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.
14. You will seek emergency help or follow-up care when recommended by an Authorized Provider.

G. Technology-related Terms.

As a term and condition of using the Maple Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

1. You are prohibited from and 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;
   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.
2. You will:
   1. keep secure and not disclose to anyone your M-Account username and password; and
   2. refrain from using abusive language or inappropriate conduct when communicating with anyone through the Maple Platform, including Authorized Providers.
3. You will not contact Authorized Providers in respect of Healthcare Services except through the Maple Platform. For clarity, Maple has no interest in or control over any interaction that you may have with Authorized Providers that is unrelated to Healthcare Services or your use of the Maple Platform.
4. Unless otherwise permitted by Maple in writing, you may only have one M-Account.
5. You are responsible for all activity that occurs under your M-Account.

H. Business Terms.

As a term and condition of using the Maple Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

1. You will be charged a provider fee for any Uninsured Healthcare Services you receive from an Authorized Provider (“Provider Fee”) as well as a service fee for your related use of the Maple Platform (“Service Fee” and together with the Provider Fee, the “Fees”), unless these Fees are paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Maple.
2. Like certain other health professional services, when Healthcare Services are not covered or insured by the health plan of your province or territory of residence (the “Health Plan”), these Healthcare Services require the payment of a fee (these for a fee Healthcare Services are hereafter referred to as the “Uninsured Healthcare Services”). The Provider Fees charged to you for Healthcare Services are only for Uninsured Healthcare Services.
3. Healthcare Services that are covered by your Health Plan do not require a payment by you if you meet the eligibility criteria set out by your Health Plan (the “Insured Healthcare Services”).
4. You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact us if you have questions about Provider Fees charged for Healthcare Services.

I. Privacy.

PHI you provide to Authorized Providers is collected by the Authorized Providers, as explained in the Privacy Policy. The Privacy Policy also describes Maple’s collection, use, disclosure, retention, and destruction of PHI. As the Privacy Policy forms part of these Terms, it is essential that you review the Privacy Policy prior to agreeing to these Terms.

J. Termination, Effect of Termination.

On notice to you, Maple may immediately, at any time and for any reason, terminate your access to the Maple Platform and/or your participation in any Maple Programs, or cease providing the Maple Platform or any portion of the Maple Platform and/or any Maple Programs. Maple has the right to select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to the Maple Platform or participate in any Maple Programs, notwithstanding that you or Maple choose to terminate your use of one but not both (or only a portion) of the Maple Platform and Maple Programs. On termination of your M-Account, Maple will have no further obligation to provide you with access to the Maple Platform, except to the extent that Maple has an obligation to provide you with access to your PHI. You may close your Account at any time, for any reason, by logging in to your M-Account at https://app.getmaple.ca/login. Our management of your PHI on the closure of your M-Account is described in the Privacy Policy.

K. Ownership (Intellectual Property Rights).

The Maple Platform, all content and rights therein, except PHI, are and will 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 (as defined below), except as expressly permitted by these Terms.

L. Content.

None of the information or materials (collectively, “Content”) available through the Maple Platform with the exception of Healthcare Services is health professional 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 primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. 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.

M. 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 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 AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE MAPLE PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY MAPLE PROGRAM AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO MAPLE IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).

N. Limitation of Maple’s Liability.

1. MAPLE, (WHICH IN THIS SECTION N INCLUDES 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, OR YOUR INABILITY TO ACCESS OR USE THE MAPLE PLATFORM AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., 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.
2. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL 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 HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.

O. 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 and Healthcare 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 Providers, other Users, any person on whose behalf you request Healthcare 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, for example, 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.

P. Fees, Payment Options.

Maple may offer different payment options and/or membership plans for Users to use the Maple Platform and access Healthcare Services. Some payment options and/or membership plans may have differing terms, conditions and limitations which will be disclosed to you at your sign-up or when changing your payment or membership plan options. Once you sign up, you can find the specific details regarding your payment option and/or membership plan under the X section of your M-Account. The following are the payment options used by Maple. Not all options are available to all Users.

1. Insured Healthcare Services. Insured Healthcare Services do not require payment of Provider Fees. To access Insured Healthcare Services, you must have a valid health card or personal health number for the province or territory in which your visit is to be claimed by Authorized Providers, and you must have active coverage for the date you are receiving applicable Healthcare Services. You have a limit of one consultation with an Authorized Provider covered by a Health Plan each calendar day that the Healthcare Service is offered. If the Health Plan deems that you are ineligible for coverage of Healthcare Services, payment of Provider Fees by you may apply. Any Uninsured Healthcare Services delivered in addition to your Insured Healthcare Services will require a payment of Provider Fees, and you may choose to pay using the pay-per-visit or membership options set out below.
2. Pay-per-visit option. You may pay the Fees for Uninsured Healthcare Services at the time you request Healthcare Services. Maple requires you to submit credit card information prior to the provision of any Healthcare Services for the purpose of validation of the card. You will not be able to begin accessing Healthcare 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 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, inclusive of applicable taxes, and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. Maple will provide you with a receipt for the Fees you pay.
3. Membership option. Maple may allow you to purchase access to certain specified Uninsured Healthcare Services during a fixed membership term for a flat fee (“Membership Fee”). The Membership Fee, the term of the membership and any additional terms and conditions applicable to the membership will be set out in additional membership terms provided to you for review and acceptance when purchasing the membership (the “Membership Terms”). The Membership Terms are incorporated into and become part of these Terms. Maple will notify you of the applicable Membership Fee and the Uninsured Healthcare Services that are covered by the Membership Fee in any given year in the Membership Terms and will have the Membership Fee processed to your credit card before the first time you obtain Uninsured Healthcare Services under your membership. For the duration of the term of your membership, you will not be charged additional fees for any Uninsured Healthcare Services covered by your membership. The only additional fees that would be charged to you would be the Fees for Uninsured Healthcare Services that are not covered by your membership and accordingly not covered by your Membership Fee. For access to Uninsured Healthcare Services not covered by your membership, you must pay in accordance with the pay-per-visit-option set forth in Section 2 of Article P above. Your membership will automatically renew and Maple will accordingly process the annual payment to your credit card upon renewal, until you cancel your membership in the billing section of your M-Account settings as permitted and in accordance with the Membership Terms. In the event of an increase in the Membership Fee or other material changes to your membership, we will notify you in advance in accordance with the notice requirements of the Membership Terms, and ask whether you want to continue your membership. Your Membership Fee is 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 time remaining on your membership on the date of termination.
4. Third Party Payment/Coverage. Maple may permit a third party (for example, an employer or insurer) to pay the Fees and/or Membership Fee, (the third party and Maple determine which of these payment options apply), for some or all Uninsured Healthcare Services provided to a User or group of Users. In these circumstances, Maple will have a contract with the third party payer under which such third party discloses personal information (including but not limited to the name, email address and other contact information) of the User(s) for whom they will pay the Fees or Membership Fee for some or all Uninsured Healthcare Services. Please consult our Privacy Policy for more information about the personal information we collect from third party payers. Maple is not a party to and has no control over the agreement between any User and 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 Fee being paid by such third party payer. Supplementary terms may apply to Users who have third party coverage and any such supplementary terms shall be presented to each User and are incorporated into and become part of these Terms. 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 M-Account so long as they pay the Fees or Membership Fee in accordance with Sections 1 and 2 of this Article P.
5. Administration of Provider Fees for Uninsured Healthcare Services. Maple facilitates payment of Provider Fees from you directly to Authorized Providers. Payment of the Provider Fees through the credit card validation and processing arrangement described above will be considered the same as payment made directly to the Authorized Provider.
6. Currency, Taxes. All Fees for Uninsured Healthcare Services are in Canadian dollars. Service Fees are inclusive of any applicable taxes based on your billing location.

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

The Maple Referral Program allows certain Users to earn credits towards future Fees (“Maple Referral Credits”) by referring friends to Maple (as permitted under applicable law).

1. How to earn Maple Referral Credits. Users can earn Maple Referral Credits if: (i) a referred friend clicks on the referral link sent to the friend to register for an M-Account and is given an M-Account; and (ii) the referred friend provides and verifies his or her 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 of the User’s M-Account settings. There is no maximum amount of credits a User can earn.
2. Redeeming Maple Referral Credits. Maple Referral Credits will automatically appear as a coupon on the checkout page at any time Fees are due for Healthcare 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 Referral Credits may not be earned by creating multiple M-Accounts. Maple Referral Credits may not be combined into one M-Account.
3. Sharing invitations/referral links. Users may only share invitations to join Maple (by means of a referral link in the invitation) for personal and non-commercial purposes, and only with personal connections who the User has reason to believe will appreciate receiving an invitation. Users are prohibited from sending an invitation to a recipient who is not a family member or where there is no reasonable basis for believing that the recipient is a personal friend of the User. The Maple referral process does not send an electronic message from an electronic address. Users sharing invitations do so on their own behalf and not on behalf of Maple.
4. Referred friends or family. Friends or family members referred to Maple will create an M-Account using a link in the invitation sent them by a User. The referring User will receive Maple Referral Credits towards Fees in an amount to be determined by Maple from time to time. The applicable credit amount and additional terms and conditions will be set out in the referral invitation or accompanying materials.
5. Multiple referrals. A referred friend or family member may only use one referral link. If a referred friend or family member receives invitations from more than one User, only the User who sent the invitation with the referral link actually used by the referred friend or family member will receive Maple Referral Credits.
6. Termination and Change. Maple may suspend or terminate the Referral Program or any User, referred friend or family member’s participation and/or right to participate in the Referral Program at any time for any reason. We reserve the right to suspend M-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 M-Accounts or modify referrals and Maple Referral Credits provided to a User as deemed fair and appropriate. Maple will not incur any liability or obligation by reason of exercising or not exercising its right to monitor, suspend, or modify referral activities and Maple Referral Credits.

R. General Provisions

Entire Agreement. These Terms, including any Supplementary Terms, Membership Terms and any other additional terms and conditions referenced herein (collectively, the “Additional 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. In the event of a conflict between these Terms and the terms and conditions contained in any Additional Terms, the terms and conditions in the Additional Terms shall control unless otherwise expressly stated.

Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that 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 will 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. We provide links on the Maple Platform to other websites or resources including those operated by parties other than Maple for your convenience. Maple is not responsible for the availability of such external websites or resources, 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 of the operators of the external websites or resources. You access and view any third party websites or resources at your own risk. For clarity, Maple is not responsible even where we link you to those resources or refer you for your convenience.

Use of Non-Identifiable Data: If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

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.

Maple Corporation Privacy Policy

Introduction

Maple Corporation (“Maple”, “we”, “us”) offers two kinds of services: Healthcare Services and optional Wellness Services. When you register with Maple as a User, you become eligible to use our Healthcare Services. You also become eligible to sign up separately for one or more of our Wellness Services, should you wish to.

Please read this Privacy Policy carefully. It describes how Maple will collect, use, store, disclose and protect your information in relation to our Healthcare Services and our Wellness Services.

Definitions

The following provides the meaning of certain terms used in this Policy. If not defined below, the capitalized words and phrases in this Policy have the same meaning as in Maple’s Terms of Use. “Maple Platform” means, collectively, the hardware, software, applications, websites, Content, products and services owned and/or operated by us to enable the provision of remote Healthcare Services to Users, among other purposes. “Information” means, collectively, “Personal Information” (information about an identifiable User as further defined in Applicable Law) and “Personal Health Information” or “PHI” (information about an identifiable User’s health or healthcare as further defined in Applicable Law). A “User” is an individual registered to use the Maple Platform, including, unless otherwise specified, as part of a customized program provided by a third party. A “PCH User” is a User also registered to use Loblaw’s PC Health application. Unless we make a distinction, “Users” means all Users. Health professionals (“Authorized Providers“) are, collectively, “Authorized Physicians” (physicians registered to practice medicine in a province or territory of Canada) and “Authorized Non-Physician Providers” (regulated health professionals other than physicians registered to practice in a province or territory of Canada) who are registered to use the Maple Platform to provide “Healthcare Services” within their scope of practice      to Users. An Authorized Provider provides Healthcare Services through a “Consultation,” which includes a review by the Authorized Provider to determine if the Healthcare Services requested by the Users are ones that can be provided on the Maple Platform. “Applicable Law,” in relation to Maple, Authorized Providers, or Users, means the laws and regulations, including privacy laws and regulations, to which each is subject. “Content” means general information about health-related topics posted on the Maple Platform, access to which is not the delivery of Healthcare Services and does not replace and cannot be relied upon as Healthcare Services.

Your Agreement with Maple

If you are an Authorized Provider, your arrangement with Maple – your rights and obligations and those of Maple – is set out in the agreement between you and Maple or, if you are providing Healthcare Services on behalf of a third party organization that has contracted with Maple, in the agreement between you and the third party organization with which you are associated. If you are a User, the arrangement between you and Maple – your rights and obligations and those of Maple – is set out in the Terms of Use and, where applicable, supplementary Terms. The Terms of Use for PCH Users may differ from those for other Users to take into account supplementary Terms for use of the PC Health application.

Application of this Policy

This Policy describes Maple’s management of Information, including the purposes for which we collect, use and disclose Information and the safeguards we use to protect Information. This Policy does not apply to the collection, use, retention, disposal, destruction, or protection of Information by Authorized Providers through the Maple Platform. The Authorized Providers who provide care to Users through the Maple Platform are responsible at law for the Information that they collect, use, disclose, and store via the Maple Platform. Please direct any questions you may have about how an Authorized Provider will treat your Information to the Authorized Provider.

The Maple Platform and How Maple Collects and Uses Information

The following is an overview of how the Maple Platform generally functions and how Maple collects and uses Information. The details of how the Maple Platform functions may vary by Consultation and Authorized Provider. Healthcare Services Authorized Providers collect Information about you (or any Registered Dependent, as defined below) that you provide before or during a Consultation. They may collect this Information in different ways, including through discussions with you during the Consultation, via text messages with you before the Consultation, or when you enter or upload Information to the Maple Platform before the Consultation. Authorized Providers also have access to other Information about you through the Maple Platform. This includes Information that you provide in your consultation request; Information you’ve entered or uploaded to profiles and medical records; Information created during your earlier interactions through the Maple Platform with other Authorized Providers; the name, email address, phone number, gender identity, date of birth and province/territory that you provided when you registered with Maple; and your emergency contact’s name and contact information (if you have chosen to add an emergency contact to your account). Authorized Providers use this Information to provide you with Healthcare Services. As noted above, they must comply with the privacy legislation and medical record-keeping obligations to which they are subject. Authorized Providers may create Information in the Maple Platform, such as prescriptions, sick notes and notes about your Consultation. They may export or print copies of your Information. Authorized Providers may, but are not required to, email or text your emergency contact if they believe that you are presenting with a healthcare emergency. You are responsible for advising your emergency contact that you are providing their name and contact information to Maple and Authorized Providers, and for obtaining any necessary consent from your emergency contact for the provision and use of that information in connection with the Maple Platform.Wellness Services You have the option to sign up to receive Wellness Services from Maple, such as our Recommendations service, which sends you preventative health recommendations based on your health profile. If you sign up to receive one or more of our Wellness Services, you will be invited to provide Information about yourself (or any Registered Dependent) as part of your Maple Health Profile. This may include, for example, Information about your health and wellness interests, your demographic data, and your health history. Maple will collect this Information and use it to provide you with any Wellness Services for which you sign up. The data created through your use of our Wellness Services is used to further enhance and tailor your experience by suggesting similar Wellness Services to you that you may be interested in. For example, if a User who chooses to receive a Wellness Service related to dermatology, we may recommend other dermatology-related Wellness Services to them. Other Services Maple provides services that support the provision of Healthcare Services. These services may include receiving, reviewing, and scanning or otherwise uploading laboratory test results to the Maple Platform; faxing prescriptions to pharmacies; obtaining referrals for consultations with specialists; and collecting Information required for scheduled appointments (such as health card numbers or information from referral letters). Maple provides some of these services to Authorized Providers (for example, the receipt and preliminary review of laboratory results) and some to Users (for example, faxing prescriptions and arranging referral to specialists). These services require the use of Information.Maple may also provide services through the Maple Platform that are healthcare-related but not Healthcare Services (such as navigational services to assist you to access Healthcare Services on the Maple Platform). Unless otherwise advised, Maple Personnel will deliver these services.  Maple Personnel receive privacy and security training and commit to complying with Maple’s obligations in connection with Information, as described below in the section on Safeguarding Information.Other Collections and Uses of Information Maple uses Information to the extent necessary to develop, evaluate, improve, provide, and support the Maple Platform and its various services. We may also use Information for loss prevention, to prevent fraud, and to comply with legal requirements. We do not collect or use Information if non-identifying information will suffice. We do not record the audio or video portions of Consultations. For more information about how Maple collects and Uses Information when you create your Maple account, use our Healthcare Services, and use our Wellness Services, please see the section of this policy entitled ** .Third party service providersMaple uses third-party software and service providers for a variety of services, such technical, operational, and marketing services.  For example, our live User support chat (through which Users may get troubleshooting and related technical assistance) is provided through a third party service provider. We require our third party service providers to limit their use of Information to what is necessary for their services. We also require them to have security measures in place that are appropriate for the protection of Information. Some of our service providers operate from outside of Canada, which means that Information they use to provide their services to us will be subject to the laws of other jurisdictions and may be available to foreign government authorities under lawful orders and laws applicable in those jurisdictions.For additional details about Maple’s third party service providers, please see https://www.getmaple.ca/subprocessors/.Third party payersAs described in the Maple Platform Terms of Use, by authorizing someone else (a “Third Party Payer“) to pay the Fees and/or Membership Fees for your Healthcare Services or Wellness Services, you are representing to Maple, and Maple will rely on your representation, that you consent to Maple:

1. using the email address provided to us by the Third Party Payer to communicate with you regarding the Maple Platform and Healthcare Services or Wellness Services;
2. disclosing to the Third Party Payer that you have requested Healthcare Services or Wellness Services, to permit Maple to process payment for the Healthcare Services or Wellness Services; and
3. notifying the Third Party Payer of any changes to or termination of your access to the Maple Platform.

If you have questions about the Information shared between us and Third Party Payers, please contact us as indicated below.

Maple’s disclosure of Information

Emergency contacts. We may disclose Information to emergency contacts as described above.Third parties, on consent. We may disclose Information to third parties with User consent. For instance, we may disclose Information to the extent needed to an insurer or other Third Party Payer for the purpose of facilitating payments and benefits plans.Compliance, Fraud Prevention. We disclose Information to the extent required to comply with Applicable Law, including to respond to a subpoena, order, or similar obligation to produce information; and to establish or exercise Maple’s legal rights, including to defend against legal claims and to detect, investigate, suppress, prevent or take action regarding illegal or prohibited activities, such as suspected fraud and threats to the reputation or safety of any person.Business transactions. We may disclose Information for the purposes of conducting required due diligence or the completion of a business transaction such as a merger, acquisition or asset sale. We will comply with any applicable legal requirements, including agreements and notice requirements that apply to the disclosure of Information for such transactions.

Maple’s retention/deletion of Information

Unless we notify you otherwise, we will retain your Information on the Maple Platform until you (or Maple) close your Account. On termination, for a limited time, you will be able to print or copy your Information held in the Maple Platform, except for any private notes of Authorized Providers. Any request for access to an Authorized Provider’s notes should be made directly to the Authorized Provider outside of the Maple Platform. If you are having trouble finding the provider you consulted with, our Customer Support team may be able to help. Please contact us directly at support@getmaple.ca.  After the time period during which you may print or copy your Information has ended, we will securely delete the Information associated with your Account, except for any Information that Maple is required to retain under Applicable Law or Information required by an Authorized Provider in connection with Healthcare Services. Maple will delete the latter once the Authorized Provider makes a copy of the Information or terminates their account with Maple. When Information is deleted, it is removed from our active database. Any Information that remains in our backup is securely stored and isolated from any further processing until deletion is possible.

Accessing and correcting Information

You can access your Information or that of your Registered Dependents by logging in to your Account at https://app.getmaple.ca/login.You may update or otherwise correct your Information at any time, except Information that an Authorized Provider has viewed or created. Any request to update or correct Information that an Authorized Provider has viewed or created should be made directly to the Authorized Provider outside of the Maple Platform.

Privacy Settings

The Maple Platform enables you to make choices to enhance the protection of your privacy. For example:

• You may enable two-factor authentication on your Account to help prevent unauthorized access. If you enable two-factor authentication, then to log into your Account, in addition to entering your password, you will have to enter a code that we send separately to your mobile number. This added security means that a third party would need both your login information and your mobile phone to access your Account.
• You have the option of using audio, chat, or video for your Consultations.
• When requesting a Consultation, you may choose to withhold Information, for example Information contained in your healthcare records, from the Authorized Provider. Please be aware that Authorized Providers may be unable to provide you with Healthcare Services as a result. They will advise you of the implications of your choice.
• You may choose whether to receive communications from Maple by email or SMS.
• You can check your login history when you access the Maple Platform.

Please contact us directly at support@getmaple.ca if you require assistance with these options or more generally have questions about how to use the Maple Platform. To protect your privacy, we may request information to verify your identity when you contact us.

Safeguarding Information

We permit Maple personnel (“Personnel,” which includes our employees, contractors and subcontractors) to access Information only to the extent necessary to perform their designated functions. We require Personnel to complete privacy and security training and to commit to protecting Information by complying with our policies, procedures and Applicable Law.We store your information in electronic format within Canada, using computer systems with restricted access and that are housed in facilities using physical security measures.More generally, we have in place appropriate physical, technological, and organizational safeguards, including access controls, to protect Information against loss, theft, and unauthorized access, use and disclosure. Notwithstanding the safeguards we employ and our commitment to protecting Information, we cannot guarantee the security or error-free transmission or storage of Information. There are risks inherent in the use of electronic means to transmit and hold information in electronic format. These risks can be minimized but not eliminated by the use of appropriate security measures, such as the measures Maple employs. These risks include interception, loss, corruption, unauthorized access to, use and disclosure of Information, and delay in the availability of Information.You play an important role in protecting and the privacy of your Information. We ask you to do the following.

• Create a strong and unique password for your Account using Maple’s password strength estimator and update your password periodically.
• Do not share your 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 do not provide it and contact us if you receive such a request.
• Log out of your Account as soon as you finish using it, especially if you share the device you use to access the Maple Platform with anyone else.
• Password-protect your device with a strong and unique password.
• Choose a quiet, private location from which to receive Healthcare Services.

Maple’s collection and use of non-identifiable Data

Maple obtains the authorization of Authorized Providers to collect and use non-identifiable data about their use of the Maple Platform (“Data”). This may include, for example, non-identifiable information about the number of consults carried out by Authorized Providers on the Maple Platform or the symptoms most commonly treated by Authorized Providers using the Maple Platform. Maple may use Data to monitor the compliance of Users and Authorized Providers with the Maple Platform terms of use, to make the use of the Maple Platform more accessible and enhance the Maple Platform experience for Users and Authorized Providers, and to design optional surveys for Users. We may also use or disclose Data for  internal product development purposes or for duly approved research projects. We will not use Data to re-identify Users or for any other purpose prohibited by Applicable Law. 

Cookies and similar technologies

The Maple Platform and Maple’s email messages and marketing materials use “cookies” and other technologies such as pixel tags and web beacons. We use these technologies to better understand the use of the Maple Platform, analyze trends, and administer, personalize and improve the Maple Platform user experience for Users and Authorized Providers. For more information about our use of cookies and your ability to accept or decline our use of cookies, please refer to our Cookie Policy, posted at https://www.getmaple.ca/cookie-policy/.

Links to third party websites

The Maple Platform may contain links to websites that we do not own or operate. The provision of these links is not an endorsement of or referral to the linked websites. We provide the links solely for your convenience. We strongly encourage you to review the privacy policies and terms of use applicable to any website you visit. This Policy does not apply to linked sites or pages and we are not responsible for the content or privacy practices applicable to them or used by their operators.

Amendments to this Policy

Maple last updated this Privacy Policy (“Policy”) on August 28, 2023. We post the current version of the Policy at www.getmaple.ca/privacy. We reserve the right to amend the Policy at any time to account for changes in Applicable Law, our practices and the Maple Platform. Please check to see if we have amended the Policy since you last used the Maple Platform to ensure you are aware of (and agree to) our current privacy practices.

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 would like us to respond to you.Maple CorporationATTN: Roxana Zaman – Chief Compliance Officersupport@getmaple.ca(888)-886-4724201-225 Richmond Street WestToronto, OntarioM5V 1W2

More information on how we collect and use your information

The following table gives you more information on how and for what purposes Maple collects and uses Information when Users create their Maple accounts, use Maple’s Healthcare Services, or use Maple’s Wellness Services. When you create your Maple Account:

 Healthcare Services

Wellness ServicesIn addition to receiving Maple’s Healthcare Services, you have the option to sign up to receive Wellness Services from Maple, such as our Recommendations service, which sends you preventative health recommendations based on your health profile. If you sign up for a Wellness Service, your Information will be used as described below. If you do not sign up for any Wellness Services, this chart does not apply to you. 

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