Service Terms of Use

ONCOLOGY SIMPLIFIED SERVICE TERMS OF USE (CLIENT AGREEMENT) - JULY, 2024

The following terms of use (“Terms”) govern your use (the term “use” will mean access or use) of Oncology Simplified’s Services (“Services”). If not defined below, capitalized words and phrases in this Policy have the same meaning as those in the Oncology Simplified Service Privacy Policy www.oncologysimplified.com/privacy-policy.

Oncology Simplified last updated these Terms of Use (Client Agreement) (“Terms”) on July 23, 2024. The current version of the Terms is posted at www.oncologysimplified.com/service-terms-of-use. We reserve the right to amend these Terms at any time to reflect changes in applicable laws and regulations, our Services, or our practices.

Depending on the nature of the change, we will either update the Terms on our website with the date of the latest revision or notify you by posting a notice of material amendments as required by applicable law. Please review these Terms periodically to stay informed of any changes.

By continuing to use Oncology Simplified’s Services or participating in any Oncology Simplified Programs after any amendments are made, you agree to comply with and be bound by the updated Terms.

Agreement with Oncology Simplified

These Terms govern the Client’s access to and use of the Oncology Simplified’s Services. Acceptance of these Terms constitute a binding agreement between Oncology Simplified and Client. By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the Oncology Simplified’s Services

Oncology Simplified’s Privacy Policy, which forms part of these Terms and contains important information about our Services including who we are, accountability, service descriptions, client eligibility criteria, and our privacy practices. The Privacy Policy can be found at www.oncologysimplified.com/privacy-policy (“Privacy Policy”).

User Representations and Warranties.

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

  • You are at least 18 years of age.
  • You meet the Ontario provincial residency requirements and will continue to do so at the time that you request and receive our Services.
  • You will use Oncology Simplified’s Services solely for your personal needs and non-commercial use.
  • If you are seeking emotional support as a caregiver, you are currently caring for or have close relationship with someone impacted by cancer.

Nature and Scope of Services

Oncology Simplified does not provide urgent care. If you have a medical emergency, call 911 immediately or go to the nearest emergency room or hospital care centre. If you are experiencing a mental health crisis, call 988.

 

For more details about our Services please refer to our Privacy Policy at www.oncologysimplified.com/privacy

Healthcare Services Terms of Use.

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

  • As with any other healthcare consultation, no results can be guaranteed or assured in connection with our Services. Healthcare Providers (HCPs) may determine that our Services are not appropriate for some or all of your needs or that they are not permitted to provide the services you require and may elect not to provide Services to you. HCPs also have the discretion to discontinue the provision of Services to you at any time and for any reason.
  • You are responsible for providing HCPs with the information that they advises is required in order to provide you with Services. If you decline to provide that information, the HCP may not be able or willing to provide you with Services.
  • As with any other health care service, there are risks associated with the use of the Services. In addition to any risks communicated to you by your HCP, there are risks unique to telehealth, which include technology not permitting connection or transmission of information in a way that allows HCPs to provide Services (for example, due to poor resolution of images). Other risks related to the use of electronic means to transmit and store information are described in Oncology Simplified’s Privacy Policy www.oncologysimplified.com/privacy-policy
  • Any prescriptions you acquire from an HCP are solely for the personal use of the individual named on the prescription. You will fully and carefully read all provided product information and labels and contact your primary care physician or pharmacist if you have additional questions regarding the prescribed medication.
  • You will seek emergency help or follow-up care when recommended by an HCP
  • Group Virtual Visit Participants: In circumstances in which someone (such as a family member, caregiver, or other authorized representative) may use the virtual visit services on behalf of or together with the client (such as an elderly person), references to “you” and “your” in these Terms of Use include those individuals, as applicable, for whom the client provided their consent to perform certain acts on their behalf in the capacity of a secondary decision maker (e.g., complete a health questionnaire, respond to a healthcare provider’s messages, book appointments, pay service bills on their behalf, attend virtual visits)
  • Permitted, Unlawful and Prohibited Use

    • Permitted Use. The virtual visit will allow you to communicate with your HCP and post / upload information, files (e.g., photos), documents, or other materials.

    • Unlawful and Prohibited Use. You will not, and will not permit anyone else to, use the virtual visit

      • to upload to or transmit through the virtual visit services any inappropriate, illegal, offensive, hateful, defamatory or obscene material, in each case as determined by us in our sole discretion;
      • to harass, offend, abuse, threaten or invade the privacy of any individual, including the HCP;
      • to knowingly provide false or misleading information

Business Terms.

As a condition of using Oncology Simplified’s Services, you acknowledge and agree to the following:

Our Services are categorized as Uninsured Healthcare Services. Therefore, you will be charged a Healthcare Provider Fee (“HCP Fee”) for any Uninsured Healthcare Services you receive, as well as a service fee (“Service Fee”) for your use of Oncology Simplified’s Services. The total of these fees will collectively be referred to as the “Fees.”

If you have any questions about the Fees associated with our Services, please contact us by phone at 1-437-500-5000 or by email at info@oncologysimplified.com.

 

Fees, Payment Options.

Oncology Simplified offers various payment options and subscription plans for accessing our Services. The payment options are as follows:

  • Pay-Per-Visit Option:
    • Credit Card Validation: You must provide credit card information before any Services are provided. This information is used to validate your card. Access to Services will be denied if the credit card information is inaccurate or if the card is declined during validation.
    • Fee Processing and Payment Timing: Oncology Simplified will place a hold on your credit card for the Fees. You will be notified of any applicable Fees, including taxes. Charges will only be processed after Services are rendered.
    • Receipts: A receipt for the Fees paid will be provided by Oncology Simplified.
  1.  
  • Monthly Subscription option. Oncology Simplified may allow you to purchase access to certain specified Services for a flat fee ("Subscription Fee") during a fixed membership term. The Subscription Terms are incorporated into and become part of these Terms.
    • Subscription Fee and Covered Services: Oncology Simplified will notify you of the applicable Subscription Fee and the Services covered by it as listed on www.oncologysimplified.com each month. It is the Client’s responsibility to review the covered Services when requesting them.
    • Payment Processing: The Subscription Fee will be charged to your credit card before the first time you obtain Services. During your subscription term (monthly term), no additional fees will be charged for Services covered by your Subscription. Additional fees will only apply for Services not covered by your Subscription, which must be paid according to the pay-per-visit option outlined in Section 1 above.
    • Renewal and Authorization: Your monthly Subscription will not automatically renew. Oncology Simplified will not process subsequent monthly payments unless you authorize it. You will be notified in advance and asked if you want to continue your monthly Subscription.
    • Fee Changes: If there is an increase in the Subscription Fee or other material changes to your membership, you will be notified in advance and asked if you want to continue your membership.
    • Refund Policy: The Subscription Fee is non-refundable, except where Oncology Simplified terminates your access to Services. In such cases, Oncology Simplified will provide a pro-rata refund of your Subscription Fee, corresponding to the remaining time on your membership as of the termination date.
  • Administration of HCP Fees for Services:
    • Payment Facilitation: Oncology Simplified facilitates the payment of HCP Fees from you directly to Healthcare Providers (HCPs).
    • Payment Process: Payment of the HCP Fees through the credit card validation and processing arrangement described above will be considered equivalent to making a direct payment to the HCPs.
  • Cancellation Policy:
    • Advance Notice: We understand that circumstances can change unexpectedly. To accommodate such situations, we kindly request that you notify us of any cancellations at least 24 hours in advance. This notice allows us to offer your appointment slot to someone else in need.
    • Last-Minute Cancellations: We recognize that last-minute changes are sometimes unavoidable. However, cancellations made less than 24 hours before the scheduled appointment will incur a 50% service charge for pay-per-visit options. For monthly subscription options, a late cancellation will result in the loss of one appointment from your subscription count.
  • Currency and Taxes:
    • Currency: All fees for services are in Canadian dollars (CAD).
    • Taxes: Service fees are inclusive of any applicable taxes based on your billing location.

Termination, Effect of Termination.

On notice to you, Oncology Simplified may immediately, at any time and for any reason, terminate your access to Services. Oncology Simplified has the right to select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to Services. On termination of your CHR Connect Account, Oncology Simplified will have no further obligation to provide you with access to Oncology Simplified’s Services, except to the extent that Oncology Simplified has an obligation to provide you with access to your PHI. You may close your CHR Connect Account at any time, for any reason, by logging in to your CHR Connect Account through CHR Connect App. If you believe your access to Services has been terminated in error, you may contact Oncology Simplified support at info@oncologysimplified.com or by calling 1-437-500-5000. Our management of your PHI on the closure of your CHR connect Account is described in the Privacy Policy www.oncologysimplified.com/privacy-policy. Upon termination, any outstanding payments or fees owed by you to Oncology Simplified at the time of termination must be settled within 5 business days. Conversely, any refunds due to you will be processed in accordance with our refund policy. Any active subscriptions or ongoing services will be terminated immediately, and you will not be charged for any subsequent billing cycles.

Ownership (Intellectual Property Rights).

The Oncology Simplified’s Services, all content and rights therein are and will remain Oncology Simplified property or the property of Oncology Simplified’s licensors. Neither these Terms nor your use of the Oncology Simplified’s Services convey or grant to you any rights to use or reference in any manner Oncology Simplified’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Oncology Simplified’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms. Violations of these restrictions may result in legal actions, fines, or suspension of services.

Content.

None of the information or materials (collectively, “Content”) available through Oncology Simplified’s Services, with the exception of Services, constitute health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment or test is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your HCP or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Oncology Simplified does not warrant that any of the materials provided are accurate or current. Content and material appearing on Oncology Simplified’s Services could include technical, typographical, or photographic errors.

Disclaimer.

Oncology Simplified provides its Services on an "as is" and "as available" basis without any guarantees. Oncology Simplified disclaims all representations and warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, Oncology Simplified does not guarantee the quality, suitability, or safety of the Services provided. By using our Services, you agree to assume all risks associated with their use. You are solely responsible for ensuring that any referral to Oncology Simplified complies with applicable laws.

Limitation of Oncology Simplified Liability.

Oncology Simplified, including its directors, officers, employees, shareholders, affiliates, agents, and independent contractors, is not responsible for any damages, liability, or losses that may occur due to your use of or reliance on our Services, your inability to access or use our Services, or any delay in accessing or using our Services. This also applies to any interactions between you and HCPs. Additionally, Oncology Simplified is not liable for any information stored on any device or network you use to access our Services. Furthermore, under no circumstances will Oncology Simplified be responsible for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to professional negligence, personal injury, lost income, or lost data, in connection with or arising directly from the use of the Services, including those provided by HCPs.

Indemnity.

You agree to protect and compensate Oncology Simplified, including its directors, officers, employees, agents, and shareholders, from any claims, demands, losses, liabilities, and expenses (including reasonable legal fees) that result from: (i) your use of Services (ii) your breach of our terms; or (iii) your violation of any third party's rights, including those of HCPs. When using Our Services, you may access services provided by third parties (e.g., testing services). Oncology Simplified will notify you if a service is provided by a third party, and by choosing to use third-party service, you acknowledge that you are contracting directly with the third-party provider, and Oncology Simplified is not responsible for any issues, disputes, or liabilities arising from those third-party services.

General Provisions

Entire Agreement. These Terms (“Terms”) form the complete agreement between you and Oncology Simplified regarding our Services, replacing all previous or current agreements on the same topic. Any amendments to these Terms will be communicated to you in writing or through our Services

Governing Law. These Terms are governed by the laws of Ontario. By using our Services, you agree that any disputes or matters arising from these Terms will be exclusively resolved in the provincial courts located in Toronto, Ontario

Service Modifications: Oncology Simplified reserves the right to modify, update, or discontinue any aspect of its Services at its sole discretion. Material changes to the Services will be communicated to you through our website or direct notification. Continued use of the Services after such modifications signifies your acceptance of the changes.

Non-assignment. You may not transfer, assign, or sublicense these Terms or any of your rights or obligations under them without obtaining prior written consent from Oncology Simplified. Oncology Simplified reserves the right to transfer or assign its rights and obligations under these Terms without your consent

Force Majeure: Oncology Simplified will not be liable for any failure to perform its obligations under these Terms if such failure is due to circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, war, terrorism, riots, strikes, or any other force majeure event. In such cases, Oncology Simplified will use reasonable efforts to resume performance as soon as practicable.

Links to External Websites. We provide links to other websites or resources on our website, blogs, or directly through our Services for your convenience. These links do not imply endorsement or responsibility for the content, availability, or terms of use of the external websites or resources. You access these external sites at your own risk, and Oncology Simplified is not liable for any issues or disputes arising from their use

Severability: If any provision of these Terms is found to be invalid, void, or unenforceable, that provision will be severed from the Terms, and the remaining provisions will continue in full force and effect

Contact Us and Feedback. If you have any questions, feedback, or would like to submit a complaint about Oncology Simplified’s Services, please reach out to our support team. You can contact us by:

For complaints, please include as much detail as possible, including the nature of the issue and any relevant information that can help us address your concerns. Please avoid including any Personal Health Information (PHI) in your communication. We are committed to resolving issues promptly and will follow up with you regarding the status of your complaint.