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Terms & Conditions

Terms & Conditions

Acceptance of Website Terms

PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.

 

This agreement is the user agreement (the “Agreement ” or “ User Agreement “) for FHMatch. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of http://www.FHMatch.ca (the “ Site “). If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Site or use the Services.

 You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site. Also note that other pages on this Site may contain further terms and conditions that apply to you as a FHMatch user.

 

This Site is owned and operated by Fitness Health Match Inc. (“FHMatch“), a company incorporated under the federal laws of Canada.

1. Access Rights

  1. Users of the Site shall be considered as either “Guests” or “Members” as follows:
  2. “ Guests ” are allowed access to a minimal level of Services available on the Site. Access to some features may be limited;
  3. “ Members ” who are allowed to access additional features that are not otherwise available to Guests.
  4. A User of the Site may also be classified by the Site as an “ Inactive Member “. An Inactive Member is a User of the Site who was at one time a Member but now no longer has access to additional features or Services.

 

2. Electronic Communications

  1. When you visit the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  2. By using the Site, you acknowledge and agree that FHMatch.com will send member e-mails relating to their member account, FHMatch promotions. You can opt out of your subscription to FHMatch’s e-mail services at any time by logging in to the Site and changing your notification preferences. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences.

 

3. Materials Posted on Site: Reviews and Ratings

  1. It is your sole responsibility to review the content of all materials submitted by you on the Site. If you are a health provider, in the event you discover any material about you that is inappropriate, it is your responsibility to report the issue to us for investigation and possible action. You acknowledge that we do not and cannot monitor all the material that is posted on the Site.
  2. We reserve the right to monitor all communications made by you through the Site to ensure compliance with this Agreement. Where we have determined in our sole discretion that a rating, review, posting, email, image, or communication (the “ Inappropriate Material “) by you through the Site is in violation of this Agreement or any content guidelines, or is otherwise unacceptable, we reserve the right to remove, edit, move the Inappropriate Material.

Your access to and use of this web site [the "Site"] constitutes your acceptance of the following terms of use [the "Terms"]. If you do not agree to these Terms, you should immediately stop using this Site and destroy all materials obtained by you through use of this Site.

Also note that these Terms may change from time to time and it is your responsibility to check for such updates. The effective date of these Terms is February 16, 2015.

Intellectual Property Rights and Grant of Limited License

This Site is operated by Fitness Health Match Inc. ["FHMatch"]. The information, text, graphics, video, audio, or other materials on this Site [collectively the "Content"] are protected by copyright, as is the arrangement of the Content. FHMatch either owns the Content of this Site or has acquired the appropriate licenses or permissions for the use of the Content.

Some of the names, words, phrases, designs and logos [collectively the "Marks"] in this Site, and any links from this Site may be protected as trademarks of FHMatch or other owners. The Marks include, without limitation, the business name FHMatch and the logo.

You are hereby granted revocable permission to use the Content of the Site for personal, non-commercial, lawful viewing only. This is a limited license grant, not a title transfer, and under this license you may not modify the Content, remove any copyright or proprietary notices from the Content, nor mirror the Content onto any other server. The display of the Marks on the Site does not imply that FHMatch or any other owner grants you a license to use any of these Marks without the written permission of the owner.

When purchasing an annual Premium or monthly Premium paid plan, please note, we have a no refund policy.

4. Your Conduct When Using the Site

 

When using the Services available on the Site, you agree to use the Services in accordance with the following:

a. you will use the Site only for any the following general purposes and for no other purpose:

  • I. finding a health care provider for yourself or another person;
  • II. reading reviews and ratings of health care providers submitted by other Guests and Members;
  • III. submitting your own reviews and ratings of health care providers who you have experience with;
  • IV. or any other purpose authorized by FHMatch from time to time

b. any review of a health care provider that you submit to be included on the Site:

  • I. shall be a true representation of your experience with the particular health care provider;
  • II.shall not be false, misleading, or untrue;
  • III. shall not include your name or any other personally identifiable information that may be used to identify you or another patient;

c. you acknowledge that:

  • I. the list of health care providers listed on the Site may not be a complete list of every health care provider within the specified specialty category or specified distance of the addressed specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • II. the information contained about a particular health care provider may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • III. any map displayed may not be complete, accurate, or up-to-date;
  • IV. any request to show results of health care providers who are accepting new patients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • V. any records of a particular health care provider that that states such health care provider accepts new patients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;

d. any ratings or reviews on the Site:

  • I.are submitted by other Users of the Site;
  • II.may not be complete, accurate, or up-to-date;
  • III.do not represent the views or opinions of FHMatch;

e. the inclusion of any health care provider on the Site shall not be considered as an endorsement of such health care provider by FHMatch and shall not in any way mean that FHMatch has conducted any due diligence or other investigation regarding the health care provider;

f. you agree that the Site is NOT to be used by you as a source of medical advice or for the diagnosis of any medical condition;

g. you agree that in the event of an emergency, you will call 9-1-1 and not rely on the information contained in the Site;

h. you agree that you will not submit ratings or reviews of any health care provider which contains material that in the sole discretion of FHMatch constitutes libel, slander, harassment, abuse or defamation, or is pornographic, racist, obscene, or otherwise offensive as determined by FHMatch in its sole discretion;

i. you agree that you will not use any of the Services in any way that infringes the privacy rights, intellectual property rights, or any other rights of any health care provider, patient, person or entity;

j. you will not post or otherwise distribute messages or pictures or use any of the Services in any way which:

  • I. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including intellectual property rights; or
  • II. is misleading, fraudulent, or is otherwise unlawful or violates any law;

k. you will not use any of the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, promoting any website;

l. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, instant messenger usernames, telephone numbers, postal mail addresses, website URLs, or full names through your publicly posted information.

 

5. Your FHMatch Password

 

FHMatch is entitled to act on instructions received under your password. You are responsible for keeping your user ID, password, and any and all other account information confidential. FHMatch is not responsible for any actions taken or transaction made to or from your accounts by any other party using your password.

6. Disclaimer and Limitation of Liability

This Site and the Content is provided for information purposes only. Access to this Site is provided on an "as is" basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the Content and the operation of this Site, FHMatch makes no representations or warranties of any kind regarding this Site and/or the Content, including without limitation, any representations or warranties that: (i) the Site or the Content will be accurate, complete, current, timely, merchantable or suitable for any particular purpose, (ii) the operation of the Site will be uninterrupted or error-free, (iii) defects or errors in the Site or Content will be corrected, (iv) the Site will be free from viruses or harmful components, (v) communications to or from the Site will be secure and/or not intercepted and (vi) the Site or the Content will not infringe any third party intellectual property.

You acknowledge and agree that you are using the Site solely at your own risk and liability.  FHMatch will not be responsible for any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential or punitive damages, arising out of or in connection with the Content or the use or inability to use this Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if FHMatch is found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

User Responsibility

You are responsible for your use of the Site, for any content you post and any consequences thereof.  The Content you submit, post, or display will be able to be viewed by other users.  All Content is the sole responsibility of the person who originated the Content.  FHMatch may not monitor or control the Content on the site and cannot take responsibility for such Content.  Any use or reliance on any Content on the Site or obtained by you via the Site is at your own risk.

FHMatch does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate, or otherwise deceptive. Under no circumstances will FHMatch be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

You acknowledge that FHMatch does not provide fitness and/or health services. FHMatch™ services may be used by you to request and schedule fitness and/or health services with third party providers, but you agree that FHMatch has no responsibility or liability to you related to any fitness and/or health services provided to you by third party providers through the use of the services other than as expressly set forth in these terms.

FHMatch does not guarantee the suitability, safety or ability of third party providers or the quality, safety, or legality of what is offered. It is solely your responsibility to determine if a third party provider will meet your needs and expectations. FHMatch will not participate in disputes between you and a third-party provider. By using the services, you acknowledge that you may be exposed to situations involving third party providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of third party providers arranged or scheduled using the services is at your own risk and judgment. FHMatch shall not have any liability arising from or in any way related to your transactions or relationship with third party providers.

7. User Generated Content

In the event that you make a submission of User Generated Content (UCG), in whatever form, including but not limited to: a blog, comment, review, photo, video, and/or audio clip, (UCG) you do so to and for the benefit of FHMatch.  In consideration of the potential publicity and promotional value to you of FHMatch™ possible use or other further dissemination of the UCG, you agree to provide the UCG to FHMatch pursuant to the following terms and conditions:

a. You hereby irrevocably grants to FHMatch a non-exclusive, perpetual, transferable, royalty-free license to publicly display, broadcast, transmit, manufacture, and distribute the UCG, for free, for a fee or for sale, via any medium including but limited to: internet, print, audio and video, in any manner, by any means, whether now known or hereafter devised, as well as the right to edit, alter, or otherwise use the UCG in whole or in part, alone or in compilation with content provided by third parties. You waive any potential claims against FHMatch or any of its affiliates with respect to any such usage and/or editing of the UCG.

b. FHMatch shall own the entire right, title and interest in all Intellectual Property arising from the UCG. You agree to execute all documents necessary for the filing of applications for trademarks, patents or any other registrations, both Canadian and foreign, which protects FHMatch™ rights to the Intellectual Property, including, without limitation, any necessary assignments.

Intellectual Property includes all original works of authorship, trademarks, logos, designs, inventions, discoveries, developments, innovations, ideas, business improvements, processes, and compilations of data, whether or not subject to registration or capable of registration, which you may solely or jointly create or conceive of as part of, or in conjunction with, your submission to FHMatch.

You agree to irrevocably waive all Moral Rights in the Intellectual Property, where Moral Rights means any rights to claim authorship of Intellectual Property, to object to any modification of Intellectual Property, and any similar right that exists under judicial or statutory law of any country in the world or under any treaty, regardless of whether or not such right is called or generally referred to as a moral right.

c. You represent, warrants and covenant the following:

d. You are at least eighteen (18) years of age.

e. The submission of the UGC, agreeing to the Terms and Conditions of the Site, including FHMatch™ use of the UCG, (i) does not violate the rights of any third party; and (ii) will not result in a breach of, and does not otherwise violate, any agreement or understanding with another party (including without limitation your former or current employers), or any policies and procedures that govern you.

f. Either: (i) the UGC is your own creation and you own all rights in and to the UCG; or (ii) you have obtained all necessary rights to submit the UCG to FHMatch.

g. The UCG is not obscene, indecent, does not defame, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.

h. The UCG does not violate any law, rule, or regulation of any governmental entity.

i. The UCG is not subject to any obligation of confidentiality.

j. You have not accepted or agreed to accept, or paid or agreed to pay, any money, service or other valuable consideration for the inclusion of any matter in the UCG.

k. You will indemnify and hold harmless FHMatch, and its affiliates, parent companies, subsidiaries, officers, shareholders, directors, members, managers, employees, agents, representatives, successors, and assigns (collectively FHMatch Entities) against any and all loss, liability, claims, damages and other expenses, including reasonable legal fees, arising from: (a) FHMatch™ use of the UCG; (b) any act or omission by you; and (c) any breach of your representations and warranties pursuant to the Terms. The Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada. Submitter agrees that all disputes arising under this Agreement will be litigated and adjudicated exclusively in the province of Ontario, Canada.

l. You understand and agree that in the exercise of the rights granted to FHMatch, FHMatch or its designees may, at their election, at any time and from time to time, exploit and turn to account any and all rights granted to FHMatch hereunder, and the UGC provided by you, in any manner and by any means, whether now known or hereafter devised.

m. You understand that submission of the UGC to FHMatch does not obligate FHMatch to use the UGC.

n. Submitter agrees that if UGC is selected for use by FHMatch, FHMatch may use your full name, title of the UGC, and city and province of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for the usage. Except to the extent contained in the UGC, FHMatch will not disclose any other personally identifiable information to the public, unless it is necessary to: (i) conform to regulatory and legal requirements or comply with the legal process; (ii) protect the safety and security of its users, employees, or property; (iii) to defend the rights of the FHMatch Entities; or (iv) enforce the Terms.

o. For purposes of the Terms, shall include all elements of the submission, including any copyrighted elements that may be contained therein.

2. Third Party Sites

This Site contains links to other web sites ["Third Party Sites"]. The Third-Party Sites were independently developed by parties other than FHMatch.  The links to Third Party Sites are provided solely as a convenience to you, and FHMatch is not, in any manner, disseminating or endorsing the material contained therein.  Your use of Third Party Sites is solely at your own risk and liability.  FHMatch assumes no responsibility whatsoever for Third Party Sites nor does FHMatch make any representations or warranties of any kind with respect to Third Party Sites, including without limitation any representations or warranties: (i) regarding the accuracy, currency, quality or appropriateness of the information contained at the Third Party Sites, (ii) regarding merchantability, fitness for a particular purpose, or non-infringement any material, content, software, goods or services located at or made available through Third Party Sites, and (iii) that the operation of Third Party Sites will be uninterrupted, error free or free from viruses or other harmful components.

3. Payments and Invoicing with Stripe

Payment processing services for professionals on FHMatch are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a professional on FHMatch, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FHMatch enabling payment processing services through Stripe, you agree to provide FHMatch accurate and complete information about you and your business, and you authorize FHMatch to share it and transaction information related to your use of the payment processing services provided by Stripe.

By signing up for FHMatch and connecting your Stripe account, you agree to be charged a merchant service fee of 5.5% + $0.30 on payments received.

By registering with Stripe and connecting your account to FHMatch, you are confirming that you will not use Stripe to accept payments in connection with the following businesses, business activities or business practices; money and legal services, virtual currency or stored value, intellectual property or propriety rights infringement, counterfeit or unauthorized goods, gambling, regulated products or services, adult content and services, get rich quick schemes, mug shot publication or pay-to-remove sites, no-value-added services, aggregation, drug paraphernalia, high risk businesses, multi-level marketing pseudo pharmaceuticals, social media activity, substances designed to mimic illegal drugs, video game or virtual world credits and the use of Stripe in a manner inconsistent with its intended use or as expressly prohibited in the Stripe Services Agreement. A full list can be viewed here. Any responsibility for the use of FHMatch and Stripe to receive payments for the above services are on the professional.

4. Health and Assistance Benefits Program

All benefits underwritten by Ontario Blue Cross ®

® Registered trademark of the Canadian Association of Blue Cross Plans, used under license by Canassurance Hospital Service Association carrying on business as Blue Cross.

®† Blue Shield is a registered trade-mark of the Blue Cross Blue Shield Association.

  1. On the date of signing this application, each person to be insured declares the following:
    • He/She is not disabled or receiving disability benefits
    • He/She is not hospitalized or waiting to be hospitalized
    • He/She does not have or has never been diagnosed with breast cancer
    • He/She did not have or has never been diagnosed or been treated for any other type of cancer in the past (5) years
    • He/She did not have or has never been diagnosed with AIDS/HIV or any form of pre-AIDS

    Each person to be insured, hereby declares that he/she holds a valid health card from their provincial health plan as defined by the health and hospital insurance legislation in his/her province of residence in Ontario.

  2. Each person to be insured, hereby declares that all answers given in this application and in any other document which, by agreement forms a part thereof are true and complete. We the persons to be insured, understand that any omission or misrepresentation statement may result in cancellation of the insurance contract or rejection of a claim that might otherwise be valid.
  3. Each Person to be insured, hereby confirms that He/She has been informed of all statements recorded in this application.
  4. .           The Primary insured asks that Canassurance Hospital Service Association and/or Canassurance Insurance Company, hereinafter called Ontario Blue Cross® , issue a contract as specified herein.

  5. This declaration offers no guarantee of insurance.
  6. The Primary insured acknowledges receipt of the "Notice regarding personal information" and "Notice regarding the Medical Information Bureau and exchange of information".

Contract Effective Date: The contract will become effective one minute after midnight on the day following the signing of the application provided the first premium is paid in full. 10 day Right to Examine: You have 10 days from the effective date of your policy to examine and return it for refund of monies paid, if you are not entirely satisfied.

In applying for this coverage, I understand that Ontario Blue Cross®  needs to know the complete medical history of myself and of any family members. I have read over the application and certify that all questions are answered fully and correctly. I understand and agree that any injury that occurred on or before the date of this application or any sickness which appeared on or before the date of this application must be fully disclosed on this application and may not be covered.

The discovery of facts known by me or by my covered dependants but not disclosed to Ontario Blue Cross® could result in the denial of a claim and the cancellation or modification of the policy. I agree that this application, any supplemental information as required by Ontario Blue Cross® and the policy shall constitute the entire contract. NOTICE REGARDING PERSONAL INFORMATION: I hereby authorize Canassurance Hospital Service Association (Ontario Blue Cross®) and its subsidiaries; to collect, use and disclose any personal information regarding myself and/or dependant children from an to the following individuals and organizations: any licensed medical practitioner or licensed health professional, hospital. clinic or coverage and any other person or organization that provides information services or insurance services to, or that acts as an insurance intermediary for Ontario Blue Cross ®.

Ontario Blue Cross® aims to ensure the greatest confidential; only an employee of Ontario Blue Cross® may consult your file, and only if justified as part of his/her job. As well, unless you object, this information may be used for personal solicitations by mail or by telephone. You may consult your file and correct the information as needed by writing to Sibi Group Insurance Company: The Courtyard Studios of Kleinburg, 10480 Islington Ave, Suite #4, Kleinburg, Ontario, Canada L0J 1C0.

I agree that no coverage is in effect unless and until my application is approved by Ontario Blue Cross®.

This consent is valid for the length of time necessary for Ontario Blue Cross® to achieve the purposes mentioned in the Notice regarding personal information. I understand that I may withdraw this consent at any time by giving Ontario Blue Cross® written notice of withdrawal. I also understand that withdrawal of my consent could result in Ontario Blue Cross®  being unable to provide coverage or pay claims. A photocopy of this authorization is as valid as the original. For Further details please visit Website at www.sibigroup.com or contact by phone SUPPORT Toll Free Number: 1-866-757-7882.

 

5. Compliance with Laws

You agree to use this Site and any Content from this Site only for lawful purposes.

6. Choice of Laws

The laws of the Province of Ontario and laws of Canada applicable therein shall govern any dispute relating to the use of this Site, including without limitation the interpretation of these Terms, despite any conflict of laws provisions in force where you live or the physical location of your computer system. You hereby consent to the jurisdiction of the courts of the Province of Ontario, Canada in any action or dispute relating to your use of this Site.

7. Severability

The invalidity of any of the provisions of these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of the remaining provisions.

Outlined below is important information regarding the terms and conditions of using the services (“Service “, collectively “ Services “) of the FHMatch.com Site (as defined below) as a FHMatch Member or as a Guest to this Site (as defined below.)

Updated on September 5, 2018