Terms of Use for Orbis Health Inc.

www.orbishealth.ca

The Orbis Health Terms of Use were updated on December 9th, 2018.

Please read these Terms of Use carefully before using www.orbishealth.ca (“Website”), an Internet site maintained by Orbis Health (“Orbis”). Your use of the Website is subject to your acceptance of these Terms.

Orbis has created these Terms of Usage to help demonstrate its commitment to privacy. These Terms describe Orbis’ information gathering and dissemination practices for the Website.

Contractual relationship

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

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

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

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

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

Authorized Physicians

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

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

Authorized Non-Physicians Providers

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

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

Services

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

Home or Office visits include the delivery of health care and other services where the patient meets with the authorized physician or non-physician provider at a predetermined and mutually-agreeable private location such as within their home or at their workplace. Orbis uses Trioova (www.trioovia.ca) as their primary choice for delivering telemedicine services. During your Home or Office visit with an Authorized Physician or a Non-Physician Provider, you will be asked to provide the Authorized Physician or Non-Physician Provider certain Personal Information including Personal Health Information (collectively referred to together as “Information”). When discussing Healthcare Services, information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.

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

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

1) Healthcare Services, Limits on Healthcare Services

Healthcare Services will only be made available to you if you are a temporary or permanent resident of Alberta at the time that you request the Healthcare Services (“Residency Requirements”). The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship. Orbis is not a party to that relationship. The relationship between you and an Authorized Non-Physician Provider providing Healthcare Services is a provider-patient relationship. Orbis is not a party to that relationship.

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

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

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

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

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

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

Not a Replacement for Primary Care. Please note that interaction with an Authorized Physician and/or Authorized Non-Physician Provider through the Orbis Platform or any other platform Orbis and its independent Authorized Physician and Authorized Non-physician Providers use to deliver services is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician and/or Authorized Non-Physician Provider. We do not provide your family physician with a report about the Healthcare Services that you receive through the Orbis Platform. So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them. As described below, the Orbis Platform enables you to request for an Authorized Physician or Non-Physician Provider to send a summary of your Healthcare Services to a physician of your choice at the time you are scheduling your appointment – this request can be specifics within the service details section.

2) Informational Services. Limits on Informational Services.

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

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

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

Privacy

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

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

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

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

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

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

How it Works

The Orbis Platform and Health Services

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

The Orbis Platform and Informational Services

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

For Clarity

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

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

Content

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

Ownership

The Orbis Platform, all Contents and rights therein, except PHI, are and shall remain Orbis’s property or the property of Orbis’s licensors. Neither these Terms nor your use of the Orbis Platform convey or grant to you any rights to use or reference in any manner Orbis’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Orbis’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.

Preliminaries: User Accounts

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

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

Restrictions

While using the Orbis Platform, you may not, and represent and promise that you will not:

1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Orbis Platform except as expressly permitted by Orbis.
3. Decompile, reverse engineer or disassemble the Orbis Platform except as may be permitted by applicable law.
4. Link to, mirror or frame any portion of the Orbis Platform.
5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Orbis Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Orbis Platform.
6. Attempt to gain unauthorized access to or impair any aspect of the Orbis 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 Orbis Platform in a manner that violates any laws.

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

Termination

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

Fees/Physician Payment/Payment Options

You understand that you will be charged an administration fee for any Healthcare Services and/or Informational Services you receive from an Authorized Physician and/or an Authorized Non-Physician Provider, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. The administration fee covers costs associated with processing your Healthcare Services or Informational Services request and identifying the most appropriate Authorized Physician and/or Authorized Non-Physician Provider able to meet your needs. There are two options available for payment: pay-per-visit or membership. These options are described below.

Like certain other health professional services, Healthcare Services are provided for a fee. However, there are some Healthcare Services that are not included in your provincial plan (e.g. non-insured benefits) and you are responsible for paying any fees (“Fees”) for those services unless an insurer or other third party has arranged with Orbis to pay the Fees on your behalf. We will always inform you when a Healthcare Service is not included in your plan so that you may choose whether or not you wish to pay for that service. We do not charge for services that are covered by provincial health plans. When you want to obtain a Healthcare Service and/or Informational Service is not included in your provincial health plan. you and the Healthcare Professional providing that Healthcare Service or Informational Service are entering into a direct business relationship with each other. We will facilitate and process the payment of the applicable Fees for a Consultation on behalf of such Healthcare Professional. The payment of the Fees in this manner is considered to be the same as you directly making the payment to the Healthcare Professional. Where you have questions about fees charged for Healthcare Services, please contact us.


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

Pay-per-visit option: You may pay the fees for Healthcare Services and Informational Services (“Fees”) at the time you request Healthcare Services and/or Informational Services. Orbis requires you to submit payment for Fees prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services or Informational Services through the Orbis Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of payment. You agree that Orbis, on behalf of Authorized Physicians and Authorized Non-Physician Providers, may charge your credit card to confirm your appointment for the corresponding Healthcare Services or Informational Services. Orbis will provide you with a receipt for the Fees you pay.

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

Third Party Payment/Coverage

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

Disclaimer

THE ORBIS PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” ORBIS 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, ORBIS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE ORBIS PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ORBIS DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE Orbis PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES.

Limitation of Orbis’s Liability

UNDER NO CIRCUMSTANCE SHALL ORBIS 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 ORBIS PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS AND/OR AUTHORIZED NON-PHYSICIAN PROVIDERS. ORBIS, 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 ORBIS PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE ORBIS PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN OR ANY AUTHORIZED NON-PHYSICIAN PROVIDER. ORBIS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ORBIS REASONABLE CONTROL. YOU AGREE THAT ORBIS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE ORBIS SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS AND AUTHORIZED NON-PHYSICIAN PROVIDERS.

No liability for computers or networks used to access your account

Orbis 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 Orbis Platform.

Indemnity

You agree to indemnify and hold Orbis (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 Orbis Platform, Healthcare Services and/or Informational Services obtained through your use of the Orbis Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Physicians and/or Authorized Non-Physician Providers, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the Orbis Platform, you may use certain services that are not provided by Orbis and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by Orbis, 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 Orbis.

General Provisions

Entire Agreement. These Terms constitute the entire agreement and understanding of Orbis and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.

Governing Law. These Terms are governed by the laws of Alberta and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Orbis Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Edmonton, Alberta.

Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Orbis’s prior written consent. Orbis may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to External Websites. Links on Orbis’s Platform to other websites or resources including those operated by parties other than Orbis, are provided for your convenience. Orbis is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. Orbis is not responsible even where we link you to those resources or refer you for your convenience.

Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Contact Us

If you have questions about the Orbis Platform or its use, you can contact Orbis Support by sending an email to ask@orbishealth.ca.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products.  By clicking “Create your account”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, Notice of Privacy Practices and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.