Terms & Conditions
AVANTUS HEALTHCARE Inc.
Welcome to AVANTUS Healthcare's website, Avantushealthcare.com. AVANTUS Healthcare offers a range of online health-related services, including smartphone (video-telephone) medical consultations and secure web-based consultations with licensed physicians. The services also involve arranging for electronic medical record storage by the physician, providing online health-related information, prescription services, and other related products and services, such as health & wellness newsletters.
In these Terms and Conditions, "AVANTUS Healthcare" refers to AVANTUS Healthcare, its parent company, subsidiaries, and affiliated entities. These Terms and Conditions apply to your use of the website and, where applicable, your registration, subscription, and usage of AVANTUS Healthcare Services.
Please note that AVANTUS Healthcare Services do not include the provision of medical care directly by AVANTUS Healthcare. Instead, the services facilitate user access to licensed physicians who agree to consult with patients. Access to healthcare providers is available through affiliates of AVANTUS Healthcare, which provide communication access to physicians licensed in the province/state where you, the user, are physically located at the time of consultation. AVANTUS Healthcare arranges for and facilitates the provision of medical care through these licensed physicians.
Monthly Subscription Plan
Terms, Conditions and Disclosures for Health Services
The cardholder assumes responsibility for selecting a provider, ensuring their current participation status, and making payments for the services. Reimbursement of any portion of the provider's fee is not available. The cardholder bears sole responsibility for all payments.
For individual memberships, the membership is exclusively for your personal use. If you have an individual membership, only you are authorized to utilize it. For family memberships, the membership can be utilized by you and anyone residing in your household (up to a total of 6 individuals). If a single member wishes to add family members to a AVANTUS + plan and faces any issues, kindly send an email to info@avantushealthcare.com.
Currently not accepting OHIP and MSP
General Complaint Procedure.
You can file complaints of any nature. We will acknowledge receipt of the complaints in writing within 5 business days and aim to provide a resolution in writing to you within 15 calendar days.
Termination & Cancellation.
You have the option to terminate this at any time. You can do so by accessing your portal account on www.avantushealthcare.com or via app and submitting a cancellation request. Alternatively, you may call us or notify us via email at info@avantushealthcare.com.
Once we receive your cancellation notice, your membership will be promptly terminated, and you will no longer be billed for the service.
Governing Law and Arbitration for Residents of Canada & Specific Countries.
The laws of your Province/State govern and control your membership. Any disputes arising from or related to your membership will be settled through a voluntary, non-appealable private arbitration process, following the Rules of the Canadian Arbitration Association or American Arbitration Association in your specified Province/State. This provision will remain in effect even after the termination of your membership and will be subject to the Federal Arbitration Act.
Cancelling Subscription
Should you choose to cancel the subscription, you will not be required to make any additional payments, and you will not be eligible to receive any program benefits beyond the last month for which payment was made.
I. Intellectual Property
AVANTUS Healthcare provides you with a limited, revocable, non-transferable, and non-exclusive license. This license permits you to view or download a single copy of the material on the Site and use the AVANTUS Healthcare software solely for your personal use in accessing AVANTUS Healthcare Services.
With the exception of your Electronic Medical Records, all rights, titles, and interests in AVANTUS Healthcare, the Services, and any Information, products, documentation, software, or other materials on the Site are retained by AVANTUS Healthcare. AVANTUS Healthcare also retains all rights, titles, and interests in any patent, copyright, trade secret, trademark, service mark, or other intellectual property related to the foregoing, except for Information on the Site licensed by AVANTUS Healthcare, where the license provider retains all rights, title, and interest in such licensed content.
The information available through the Site and the Services is the property of AVANTUS Healthcare or the license provider. By accepting these terms and conditions, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone.
Unauthorized use, reproduction, copying, or redistribution of AVANTUS Healthcare trademarks, service marks, and logos is strictly prohibited without prior written permission from AVANTUS Healthcare. This restriction also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written permission of AVANTUS Healthcare.
The Site may contain other proprietary notices and copyright information, which you must adhere to and agree to follow.
II. Notices
AVANTUS Healthcare may notify you through the email address you provided during registration, by a general notice on the Site, or via written communication sent by express courier to the address in your AVANTUS Healthcare account information. Alternatively, you can send a letter delivered by courier. For specific questions and comments, please direct them to the appropriate department via our "Contact Us" page.
III. Eligibility to Register on the Site, Subscribe to the Services and Use this Site and/or the Services.
By using the AVANTUS Healthcare Site and its Services, you affirm that you are of legal age and agree to the terms and conditions outlined herein. If you are at least 16 years old, you may access and use the Site, register, enroll for services, and use the Services offered here. Some Services, including AVANTUS Healthcare Doctor's consultations, are intended for individuals who are 16 years or older. When you register, enroll, purchase, or use AVANTUS Healthcare services, you confirm that you are at least 16 years old. If you are acting on behalf of an entity, you assert that you have the authority to bind such entity. You also declare that you are not barred by the laws of Canada, USA, or other applicable jurisdictions from enrolling for or receiving Services.
Please be aware that as the Internet is global in nature, it may be possible to access and use the Site and Services from outside Canada and the USA. If you do so, you agree to abide by all local rules governing online conduct and data transmission, including laws related to the export of technical data from Canada, USA or any other jurisdiction. AVANTUS Healthcare does not guarantee that the Services or any information on the Site is lawful in jurisdictions outside Canada and the USA.
To register on the AVANTUS Healthcare Site, subscribe to their Services, and use the AVANTUS Healthcare application, you must agree to the following:
Comply with these Terms and Conditions.
Acknowledge the Privacy Policy of AVANTUS Healthcare as posted on their website.
Provide complete and accurate Personal Contact Information (PID), including your name, mailing address, phone number, and email address.
Fill in any other required information accurately when using the Site or Services.
Allow the Site to use "cookies" by setting your Internet browser accordingly.
Opt-in to receive communications, such as newsletters and offers, by mail or email from AVANTUS Healthcare. You can opt-out at any time if you do not wish to receive such communications (see "CAN-SPAM ACT Compliance").
You give consent to AVANTUS Healthcare for disclosing your Personal Contact Information to their agents and employees for various purposes, as described in their Privacy Notice. You also consent to the use of "cookies" by the Site.
AVANTUS Healthcare reserves the right to monitor your access to and use of the Site, Application, and Services to ensure compliance with these Terms and Conditions and the Privacy Notice. They may refuse to accept your registration or subscription if you fail to meet any eligibility or subscription requirements.
Please note that the AVANTUS Healthcare Site and Application Services are not suitable for medical emergencies or urgent situations. If you are experiencing a medical emergency, call 911 immediately.
IV. Your Account.
The confidentiality of your password and all activities performed under it are your sole responsibility. You must ensure that no one else uses your password and promptly inform AVANTUS Healthcare in writing if you discover any unauthorized use of your password or encounter other security concerns.
V. Electronic Medical Record
AVANTUS Healthcare creates an Electronic Medical Record (EMR) specifically for you, allowing you to store and access your personal health information online. This includes details about your health conditions, allergies, medications, and other relevant medical data. Additionally, AVANTUS Healthcare provides licensed physicians who use the platform to conduct consultations with you, following their obligations under applicable Province/State and Federal laws for maintaining your medical records.
Information shared with a physician during a smartphone based medical consultation, or through secure email or web-based consultations, becomes part of your AVANTUS Healthcare Electronic Medical Record tailored exclusively for you. This information is subject to relevant provincial/state and federal laws. It is vital to provide accurate and complete information for your Electronic Medical Record and to periodically review and update it as necessary, including medical conditions and allergies.
You are responsible for verifying any third-party information included in your EMR.
It is essential to understand that your physician bears the sole obligation to use and disclose the information in your medical record in compliance with applicable provincial, state, and federal laws. This includes obtaining any necessary consents or authorizations to share your information with other participating physicians or healthcare institutions.
VI. Record Retention
AVANTUS Healthcare retains complete and exclusive authority over the operation of the Site and Application Services. This includes the right to withdraw, suspend, or terminate any functionality or feature of the Site or Application Services as deemed necessary. While AVANTUS Healthcare takes measures to ensure data integrity, it is not responsible for transmission errors or any compromise of Information that occurs during telecommunication transmission.
AVANTUS Healthcare is not liable for maintaining Information resulting from an individual's use of the Site or Application in relation to the Services. The company reserves the right to manage, delete, or retain all communications and Information posted or uploaded to the Services following its internal record retention, archiving, and destruction policies.
Despite the above, AVANTUS Healthcare retains archives of all Personal Information and Electronic Medical Records associated with the use of the AVANTUS Healthcare site/application and services for a period of five (5) years.
VII. FRAUD
AVANTUS Healthcare may get in touch with you via telephone, mail, or email to verify your Personal Contact Information. The company also has the right to request additional information from you, and you are obligated to provide such information to ensure the authenticity of your registration on the Site, Application, or subscription to the Services. Failure to provide the requested information to AVANTUS Healthcare within ten (10) days of the request may result in the rejection or suspension of your registration and subscription until you satisfactorily comply with the information request made by AVANTUS Healthcare.
VIII. Rates For The Services
To find the current rates and plans for the Services, kindly refer to the AVANTUS Healthcare Pricing section available on the Site. The Subscription Plans Page, subject to AVANTUS Healthcare's sole discretion, is integrated into these Terms and Conditions by reference and constitutes a part of them.
IX. Payment.
By subscribing to AVANTUS Healthcare's Services, you acknowledge the obligation to promptly settle all amounts due under the plan, as well as any additional fees associated with your use of the Services or Registration. For payments, you may be requested to furnish a valid credit card number for one-time or recurring transactions.
X. Upgrades and Downgrades.
You may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site/Application. The upgrade or downgrade shall take effect no later than the date of your next full billing cycle; provided that, AVANTUS Healthcare is in receipt of a valid credit card number. AVANTUS Healthcare may provide refunds as determined in its sole and absolute discretion.
XI. Subscriptions through Third Parties, Such as Employer.
Regarding your payment obligation, if a third party is currently covering the cost of your subscription but stops doing so, or if they are no longer obligated to pay for any of your fees, you still have the option to maintain your subscription to the Services. However, to proceed, you must give your consent and coordinate with AVANTUS Healthcare to directly handle the payment for the Services, adhering to the associated terms and conditions. Failure to make such payment arrangements and commence payments may result in the termination of your subscription and access to the Services by AVANTUS Healthcare.
XII. Third Party Upgrades
If you initially subscribed to the Services through a third party, such as your employer, you have the option to upgrade your level of Services, but downgrading is not allowed. If you decide to upgrade to a higher level than what the third party has subscribed for, you are solely responsible for making this change either on the Site/Application.
For the upgraded Services, you will be directly responsible for making payments to AVANTUS Healthcare for any cost difference between the Services subscribed to by the third party and the upgraded Services you choose. To proceed with the upgrade, you will need to provide a valid credit card number to AVANTUS Healthcare, and these upgrade charges may be recurring.
If your third party is receiving special group pricing from AVANTUS Healthcare, you will also be eligible for that special pricing if you choose to upgrade or retain additional services, as long as the third party continues to receive the special group pricing.
XIII. Prescriptions
Please be aware that to establish a legal physician/patient relationship and become eligible to receive prescribed medications through AVANTUS Healthcare services, you must accurately and completely fill out the Medical History Assessment and participate in a telephone or virtual medical consultation, as per the laws of the province/state where the consultation is taking place.
Once you have fulfilled these requirements in accordance with the province/state regulations, participating physicians, at their sole discretion and in adherence to their professional and legal responsibilities, may provide prescriptions for medications that are deemed suitable for your specific conditions during the virtual medical consultation. It is important to note that no controlled medications will be available through this process.
Furthermore, any prescriptions obtained from a physician are strictly for your personal use. You are expected to read all provided product information and labels carefully and, if you have any questions regarding the prescription, consult a physician or pharmacist accordingly. Medications can be obtained from a local pharmacy or through a mail order pharmacy network.
XIV. Third Party Web Sites
AVANTUS Healthcare may include links to websites operated by third parties. Additionally, clicking on a banner advertisement on our Site might redirect you to a third-party website. Please note that the Terms and Conditions and Privacy Notice of AVANTUS Healthcare solely apply to your relationship with us and do not encompass the policies of third parties concerning the collection, use, and disclosure of personally identifiable information and health information.
AVANTUS Healthcare holds no responsibility for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency, or any content, products, or services received from third parties. When you click on a link to a third-party website, it is advisable to review their privacy policy to understand their practices related to the collection, use, and disclosure of your information.
It's essential to recognize that any link to a third-party website on our Site does not indicate AVANTUS Healthcare's endorsement of their terms or privacy practices. Third parties are not authorized to represent or warrant on behalf of AVANTUS Healthcare. Therefore, you acknowledge that AVANTUS Healthcare is not liable for any third party's terms and conditions or privacy practices or for your use or misuse of their websites.
If you wish to suspend receiving email or mail communications from third parties, you must directly contact them.
XV. Right to Change Terms and Conditions
AVANTUS Healthcare reserves the right to modify these Terms and Conditions at its discretion, at any time and as needed. Any alterations to these Terms and Conditions will take effect immediately upon being posted on the Site/Application. It is your responsibility to periodically review these Terms and Conditions, and by continuing to use the Site/Application after any changes, you agree to abide by and be bound by the updated Terms and Conditions.
XVI. Legal Notices and Disclaimers.
Medical Disclaimers
AVANTUS Healthcare does not provide any assurance or guarantee regarding the content of treatment responses from participating licensed physicians. The healthcare providers who offer services through AVANTUS Healthcare Platform are Authorized Providers, acting as independent contractors. They have chosen to utilize the platform to provide Healthcare Services, but they are not AVANTUS Healthcare's employees or representatives in any way.
The relationship between you and an Authorized Provider is a direct health professional-patient relationship, and AVANTUS Healthcare is not involved as a party in this arrangement. Both you and your physician bear full responsibility for all information and communication shared during virtual medical consultations, secure email consultations, or other forms of communication.
It's important to note that AVANTUS Healthcare cannot guarantee that a virtual-based medical consultation or secure email/web-based consultation is the most suitable course of treatment for your specific healthcare concern. Should your condition change or symptoms worsen, you are obligated to promptly contact your primary care physician. For urgent care needs, immediate contact with your local emergency services is essential.
As part of its practice, AVANTUS Healthcare annually verifies the licensing status of all participating physician providers to ensure compliance and competence. To establish a physician-patient relationship through the use of any of the Services with a participating physician, you must complete a Medical History Assessment and participate in a virtual medical consultation, which will be forwarded to the respective participating physician.
2. Content Disclaimers
The Information found on this Site should not be used to replace your relationship with a physician or other healthcare professional, and it should not be considered as professional medical advice. Always seek advice from a qualified healthcare provider regarding any medical condition or before making changes to your treatment or medication. In case of a health emergency, seek immediate assistance from emergency personnel. Never delay seeking medical advice or disregard medical advice based on information you have read on this Site.
The AVANTUS Healthcare Website and AVANTUS Healthcare do not provide medical advice. The physicians who offer medical consultations through AVANTUS Healthcare are not employees of AVANTUS Healthcare and are solely responsible for the quality and appropriateness of the care they provide directly to you. The Information and Services available on this Site are intended as a general educational aid and to assist you in finding a physician. However, the Information and Services are not a substitute for personalized medical advice and should not be used to address individual health problems. To establish a physician-patient relationship with a participating physician, follow the instructions outlined in these Terms and Conditions. Using this Site does not create a physician-patient relationship. The content on this Site is not intended for medical diagnosis or treatment, nor should it be construed as the practice of medicine or the provision of medical services by AVANTUS Healthcare. The Information on this Site is gathered from various sources and may or may not be authored by AVANTUS Healthcare. AVANTUS Healthcare makes no representation or warranty regarding the accuracy of this Information.
Although AVANTUS Healthcare strives to maintain up-to-date information on this Site, medical treatment and knowledge change rapidly. The content on this Site may not be error-free or entirely comprehensive on a specific topic. AVANTUS Healthcare does not provide any warranties or representations about the accuracy of the information on the site and assumes no responsibility for the consequences of your actions or inactions based on the information and material provided here. Your use of the AVANTUS Healthcare site is subject to additional disclaimers and caveats found throughout these Terms and Conditions and the site. You bear the entire risk of loss associated with using this Site and the information contained herein.
Features and specifications of products or services described on the site are subject to change without prior notice.
Certain information about health conditions on this Site is provided by third parties. These third parties have not reviewed or endorsed any information, products, or services except those explicitly marked as being sourced from them. It is your responsibility to review and adhere to all terms, conditions, licenses, and policies posted on or linked from this Site to protect the copyright and licensing terms of those third parties.
3. General Disclaimers
A. You acknowledge that your use or misuse of the Site/Application and the Services is solely at your own risk, and you bear full responsibility for any associated risks. All Information, products, and services provided on this Site/Application are presented "as is" without any warranty, express or implied. To the fullest extent permissible under applicable law, AVANTUS Healthcare and its Affiliates (members, shareholders, directors, managers, employees, officers, contractors, agents, and representatives) hereby disclaim all representations and warranties, whether express or implied, statutory or otherwise, including but not limited to warranties of merchantability. AVANTUS Healthcare makes no warranty regarding the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Information, products, and services provided hereunder. Specifically, AVANTUS Healthcare disclaims all liability for the acts or omissions of any participating physicians providing medical care to subscribers.
B. You acknowledge and agree that we are not responsible for (i) any printing, typographical, or technological errors in any media or form, (ii) electronic, human, equipment, programming, or other errors, omissions, interruptions, defects, or delays regardless of the media or form, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected matters or information regardless of the media or form, (iv) technical failures of any kind, (v) inadvertent loss of information, and/or (vi) unauthorized human intervention in any part, material, or process.
C. AVANTUS Healthcare makes no representations or warranties regarding the satisfaction of government regulations requiring disclosure of information on prescription medications or any treatment, action, or application of medication based on information offered or provided through the Services.
D. AVANTUS Healthcare does not endorse the promotions, products, or services of any third parties. AVANTUS Healthcare does not warrant or validate the Information of any third-party advertisements, promotions, communications, or other materials. AVANTUS Healthcare assumes no responsibility or liability for the accuracy of the Information contained on the Site or for the matters described under "Third-Party Web Sites."U. Limitation of Liability.
E. AVANTUS Healthcare's liability for direct damages shall not exceed the greater of (i) one month's subscription rate of your subscription plan, or (ii) the amount paid, if any, for the subscription. Additionally, to the maximum extent permitted by law, AVANTUS Healthcare shall not be liable for any special, punitive, indirect, incidental, or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of services, or loss of information. This applies to any action in warranty, contract, tort (including negligence or fundamental breach), or otherwise arising from the use of, or inability to use, this Site or any service offered through this Site or by other means, as well as any information or products contained in, accessed through, or purchased on this Site or otherwise, even if an authorized representative of AVANTUS Healthcare is aware of the possibility of such damages. In certain jurisdictions where limitations on liability are restricted, these limitations shall not apply to the extent of such restrictions.
You acknowledge and agree that AVANTUS Healthcare's aggregate liability to you for any damages, losses, fees, charges, expenses, or liabilities, when the foregoing limitation is determined to be unavailable, shall not exceed the subscription price paid by you for the one-month period prior to the occurrence of the damages, losses, fees, charges, expenses, or liabilities in question.
4. Indemnification
You hereby agree to protect, indemnify, and hold AVANTUS Healthcare and its Affiliates harmless from any and all claims, demands, losses, liabilities, damages, causes of action, actions, suits (whether at law or equity), fees, costs, and attorneys' fees (including appellate level) arising, directly or indirectly, from or in connection with the following:
(i) Your use or misuse of the Site/Application or the Services, or any Information posted on the Site/Application.
(ii) Your subscription to the Services.
(iii) Your violation of the Terms and Conditions or the Privacy Notice.
(iv) Your relationship with any participating physician.
(v) The content or subject matter of any Information you provide to AVANTUS Healthcare, its Affiliates, any participating physician, or Customer service agent.
(vi) Any negligent or wrongful action or omission by you in the use or misuse of the Site/Application or the Services or any Information posted on the Site/Application, including, but not limited to, infringement of third-party intellectual property rights, privacy rights, or any negligent or wrongful conduct.
5. Force Majeure
Notwithstanding anything herein to the contrary, AVANTUS Healthcare shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
XVII. Privacy
Upon accepting these Terms and Conditions, you grant consent to the collection, use, and disclosure of your personally identifiable information and personally identifiable health information as outlined in the Privacy Policy. The Privacy Policy is incorporated into and forms an integral part of these Terms and Conditions by reference.
XVIII. Entire Agreement; Headings; Severability
These Terms and Conditions represent the exclusive and complete agreement between you and AVANTUS Healthcare, superseding any prior written or oral agreements or understandings pertaining to their subject matter. They serve as the comprehensive and definitive statement of the agreement between you and AVANTUS Healthcare regarding their subject matter.
The headings in these Terms and Conditions are solely for reference convenience and do not limit or affect the interpretation of these agreements in any way.
If any provision of these Terms and Conditions is deemed invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision will be reformed, if possible, to the extent necessary to make it enforceable.
• Assignment and Waiver: You are not allowed to assign, transfer, or delegate these Terms and Conditions or the Privacy Policy, or any part thereof, without prior written consent from AVANTUS Healthcare. AVANTUS Healthcare, however, may freely transfer, assign, or delegate all or any part of these agreements, along with their associated rights and duties. These Terms and Conditions and the Privacy Policy shall be binding upon and beneficial to the parties' heirs, successors, and permitted assignees.
AVANTUS Healthcare's failure to exercise or delay in exercising any right under these agreements, or its failure to insist on strict performance of any provision, does not constitute a waiver of such right. Waivers must be made in writing and no single waiver is considered a permanent or ongoing waiver.
XIX. Governing Law and Jurisdiction and Venue
A. These Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with the laws of the Ontario, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating pursuant to these Terms and Conditions or Privacy Policy shall be brought in the applicable Federal or Provincial courts located in Ontario. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to AVANTUS Healthcare must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
B. This website is accessible from countries all over the world. However, AVANTUS Healthcare does not assert that the Information or services provided on or through this Site/Application are suitable or available for use in other locations. Accessing such Information from territories where it is illegal is strictly prohibited. If you choose to access the Site/ Application from other locations, you do so at your own initiative and are responsible for adhering to local laws.
C. Enforcement Costs: In the event of any civil action or legal proceeding brought to enforce any of these Terms and Conditions or the Privacy Notice, or due to an alleged dispute, breach, default, or misrepresentation related to any provision of these agreements, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, sales and use taxes, and all other expenses incurred in that proceeding. This includes, but is not limited to, fees, taxes, costs, and expenses associated with arbitration, appellate, bankruptcy, and post-judgment proceedings, even if not considered taxable as court costs. The prevailing party's attorneys' fees shall encompass paralegal fees, investigative fees, administrative costs, sales and use taxes, and all other charges billed by the attorney to the prevailing party (inclusive of fees and costs linked to collecting such amounts).
D. Waiver of Jury Trial: The parties involved hereby waive the right to a trial by jury in any litigation, suit, or proceeding, in any court concerning, connected with, or arising from these Terms and Conditions or the Privacy Notice, or the validity, interpretation, enforcement, or performance of any obligations or services under these agreements. However, in regard to any compulsory counterclaim (i.e., a claim by one party against another that would be forever barred if not brought in the same action), a party retains the right to raise such a counterclaim in any such litigation, suit, or proceeding, regardless of whether it is being tried by a jury.
XX. Eligibility.
To utilize the AVANTUS Healthcare Platform and create an account, you must:
Register and create an account on the platform.
You have the option to register individuals for whom you have the legal right to make healthcare decisions ("Registered Dependents") and use the AVANTUS Healthcare Platform on their behalf.
Each Registered Dependent requires a separate "profile" containing their name and other personal information.
When using the AVANTUS Healthcare Platform on behalf of Registered Dependents, the terms "you" and "your" in these Terms encompass those Registered Dependents.
AVANTUS Healthcare reserves the right to accept or reject any registrant as a User, even if they meet the eligibility requirements as amended from time to time.
Certain users may be subject to Supplementary Terms, which are integrated into and form a part of these Terms.
XXI. Healthcare Services Terms of Use.
By receiving Healthcare Services, you acknowledge and agree to the following terms:
You will only request Healthcare Services for yourself or for your Registered Dependents.
The AVANTUS Healthcare Platform should not be used for emergency healthcare. In case of an emergency, you will immediately call 911 or visit your nearest emergency room.
The following symptoms are not eligible for treatment 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 the level of consciousness; stroke-like symptoms such as impaired sensation or paralysis on one side of your body; inability to speak or comprehend language; any abdominal pain severe enough to hinder comfortable walking.
Any prescriptions you obtain from an Authorized Provider are solely for the personal use of the individual named on the prescription. You will read all provided product information and labels carefully and reach out to a physician or pharmacist if you have any questions regarding the prescription or medication.
You will not report drug reactions, side effects, or adverse events through the AVANTUS Platform. Instead, you will report any medication reactions, side effects, or adverse events to your primary care provider. If you do not have one, you will report to the nearest walk-in clinic or emergency room, or in emergencies, call 911.
You will seek emergency help or follow-up care as recommended by an Authorized Provider.
XXII. Fees, Payment Breakdown.
AVANTUS Healthcare offers different payment options for its Healthcare Services, but not all options are available to every User:
Insured Healthcare Services: These services do not require payment of fees. To access them, you must have a valid health card or personal health number for the relevant province or territory and active coverage for the date of the Healthcare Service. There is a limit of one consultation with an Authorized Provider covered by your Health Plan per calendar day. If your Health Plan deems you ineligible for coverage, you may need to pay the fees. Any additional Uninsured Healthcare Services you request alongside Insured Healthcare Services will require payment of the fees, and you can choose between pay-per-visit or membership options.
Pay-per-visit option: For Uninsured Healthcare Services, you can pay the fees at the time of requesting the service. Prior to providing any Healthcare Service, AVANTUS Healthcare will require your credit card information for validation purposes. A hold will be placed on your credit card for the amount of the fees, but the charge will only be processed after you have received the corresponding Healthcare Service. You will receive a receipt for the fees you pay.
Membership option: AVANTUS Healthcare may offer a fixed membership term where you can access certain specified Uninsured Healthcare Services for a flat fee ("Membership Fee"). You will be notified of the applicable Membership Fee and the covered services for the given year. The Membership Fee will be charged to your credit card before you use any Uninsured Healthcare Services under your membership. While your membership is active, you won't be charged additional fees for covered Uninsured Healthcare Services. Any services not covered by your membership will require the pay-per-visit option. Your membership will renew automatically unless you cancel it in your account's billing section. In case of a Membership Fee increase, you'll be notified in advance and given the option to continue or cancel your membership. The Membership Fee is non-refundable, except in cases where AVANTUS Healthcare terminates your access to the Platform, in which case you'll receive a pro rata refund based on the remaining months of your membership.
Third Party Payment/Coverage: AVANTUS Healthcare may allow third parties (e.g., employers or insurers) to pay the Fees and/or Membership Fee for Uninsured Healthcare Services on behalf of Users or groups of Users. In such cases, AVANTUS Healthcare has an agreement with the third party, and the third party may provide personal information of the Users for payment purposes. Users with third party coverage are still bound by these Terms, except for direct payment of Fees or Membership Fee by the third party payer.
Administration of Provider Fees: AVANTUS Healthcare facilitates the payment of Provider Fees directly from you to Authorized Providers. Paying the Provider Fees through the credit card validation and processing arrangement is considered the same as making a payment directly to the Authorized Provider.
Currency, Taxes: Outside Canada, all Fees for Uninsured Healthcare Services are in American dollars and are inclusive of applicable taxes based on your billing location.
Supplemental Terms Applicable to Providers. If you are a healthcare provider using the Site ("Provider" or "you"), you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by AVANTUS Healthcare. You agree to comply with all applicable laws, medical board rules, and regulations. Your relationship with AVANTUS Healthcare users is direct between you and the patient. AVANTUS Healthcare does not practice medicine or offer medical services. All interactions, agreements, consents, and notices with patients and consumers are solely the responsibility of the Provider. The patient will not establish a physician-patient relationship with AVANTUS Healthcare. Provider is solely responsible for billings and collections from patients and consumers, and AVANTUS Healthcare has no liability regarding any amounts owed by patients or consumers to Provider.
Contact Us. If you have any questions regarding the AVANTUS Healthcare platform or its usage as a Provider, you can contact AVANTUS Healthcare by sending an email to info@avantushealthare.com
XXIV. Agreement with AVANTUS Healthcare.
These Terms govern your access to and use of the AVANTUS Healthcare Platform. By accepting these Terms, you enter into a binding agreement with AVANTUS Healthcare. Additionally, these Terms apply to your participation in AVANTUS Healthcare's Referral Program. By clicking on the "I accept" button below, you indicate your agreement to these Terms. If you do not agree to these Terms at any time, you must not access the AVANTUS Healthcare Platform or participate in any AVANTUS Healthcare Programs, or cease doing so immediately.