Terms & Conditions

Terms of Use

Last Modified: May 6, 2022


Reading, Agreeing and Keeping a Copy.

These terms are legally binding.

In these terms and conditions (“Terms”), “Papaya”, “we, “us and “our means Papaya Health Inc., a corporation registered and operating under the laws of Canada, and “you and “your” means the person who uses a Device to access the Services through the website, [www.papayahealth.ca](“Website”). These Terms govern your access and use of the Website and the Services.


  • Read and agree to the Terms. You must read and agree to these Terms, which are a legally binding contract between you and us, before you can use the Website and access the Services. By using and accessing the Website, you confirm (i) that you are the age of majority in the place where you live and have the capacity to form legally binding contracts, and (ii) that you have read and agree to these Terms. These Terms take effect on that date that you agree on-screen. You cannot use the Website or access the Services unless you have read and agreed to these Terms.
  • Keep a copy of the Terms. You can print or save these Terms using the print or save function in your browser. We will email you a copy or provide a link to these Terms at the email address you provided when signing up for the Services, if requested.

Please see the definitions section at the end of these Terms for any other capitalized terms not otherwise defined.



What is the Service and how does it work?

Under these Terms, the Services means the features, functionality, content and information provided by us via the Website and include any services that may be provided by Service Providers and Third Parties.

The Services currently available through the Website include

  • Subscription Service. A subscription-based software platform that matches users with physical health professionals.

Some of the Services may be provided in whole or in part by Service Providers and Third Parties. The Services are currently available in English only, despite any language settings on your Device.


The Services and the Website may not be accessible at all times. In addition, functionality, features, content or information may change, and may not always be available.


No Professional Health Advice.

We are not your health professionals.

We are not health professionals, and we do not provide any health or other professional advice or opinions through the Website or as part of the Services. The Services and the Website, and any information or content they contain, are provided solely for informational purposes. You are advised to seek health or other professional advice by contacting a health or other relevant professional.


The Platform provides services, information, content, and/or data for information purposes only. We do not provide any medical advice on the Platform. In using the information presented on the Platform, no provider-patient relationship is formed between you and us. Nothing contained in the Platform is intended to replace, substitute, or provide the services of a licensed medical professional authorized to practice medicine in your province or state.


For greater clarity, although medical topics and information will be shared on the Platform, the Company and its Platform do not diagnose health conditions or otherwise provide you with health or medical advice of treatment. The content provided is strictly for informational and referral purposes only.


Always consult with a properly licensed medical professional or physician for personal medical attention, diagnosis, and treatment. If you have any questions regarding your cancer care, seek the advice of your physician, obstetrician, or other qualified and licensed health care professional. Never disregard medical advice or delay seeking out medical advice because of any information contained in our Platform.


We do not make any representations or warranties regarding the quality of services provided by any Service Providers. Service Providers are not employed by, under the direction and control of, or acting as agents of the Company. The Company will not be liable for any conduct of Service Providers or for any damages that may result from a Service Provider’s conduct. Use of Service Providers, who are free to determine how to provide the services at their own discretion, is at your own risk.


The Company also makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of the products recommended by us, whether in public, private, or offline interactions or about the accreditation, registration or license of any Service Provider.



Costs, Fees and Related Charges.

Do I have to pay service fees?

The fees for accessing the Services available on the Website are set out at [insert URL for pricing page here]. Applicable taxes apply in addition to all fees charged.


For purposes of processing payments, we use the following Service Provider:




Before using the Services, you must first review and approve the terms and conditions governing the use of third-party payment processors, which are available at the following website: [www.papayahealth.ca]


We may change the amount of our fees as the Services develop. We will provide you with notice of any changes in fees, in accordance with the notice section of these Terms. All amounts are expressed in Canadian dollars.


You are responsible for all costs, fees, data plans and related charges associated with your use of any Devices, and they are not reimbursable by us.



Information we collect and how we use it.

Collecting your personal information. 


We will collect information from and about you such as:

  • information establishing your identity (for example name, address, phone number, date of birth, etc.);
  • information for the provision of the Services; and
  • personal health information (“PHI”) as defined under the Ontario Personal Health Information Protection Act, 2004, SO 2004, c 3, Sch A (“PHIPA”).

We may obtain this information from a variety of sources, including from you, from participants in our affiliate or partner program who refer you to us, from service arrangements you make with or through us, from registries, from references you provide to us and from other sources, as is necessary for the provision of the Services.


Using your personal information.


The information we obtain from and about you may be used from time to time for the following purposes:

  • to create your profile on the Website and provide you with the Services;
  • to determine your eligibility for products and services;
  • to help us better understand the current and future needs of our users;
  • to help us better manage our business and your relationship with us; and
  • as required or permitted by law.

For these purposes, we may make the information we obtain from and about you available to employees, agents, independent contractors, Service Providers and participants in our affiliate or partner program, who are required to maintain the confidentiality of this information. In the event a Service Provider is located outside of Canada, the Service Provider is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which the Service Provider is located.


Other optional uses of your personal information

  • We may use the information we obtain from and about you to promote our products and services and promote products and services of Third Parties we select, which may be of interest to you.

We may communicate with you through various channels, including telephone, email or mail, using the contact information you have provided to us.


You may choose not to have your information shared or used for the “Other optional uses of your personal information” described above by contacting us as set out below and we will respect your choice.


Your right to access your personal information


You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by applicable laws. To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other optional uses of your personal information” you may do so now or at any time in the future by contacting [Brenda De Silva, brenda@papayahealth.ca].


Your PHI


We may from time to time collect, use and share your PHI for purposes of delivering the App/Website to you. Specifically, we may collect information that (a) relates to your physical or mental health, including possibly information that consists of the health history of the your family, or (b)  relates to the providing of health care to you, including the identification of a person as a provider of health care to you.


Our privacy policies.


You may obtain more information about our privacy policies here [https://www.papayahealth.ca/privacy-policy].




How will we contact each other?

You can find our contact information at [support@papayahealth.ca]. We will contact you and provide notices using information you provide through the Website. Except as provided below in the “Notices and Changes” section of these Terms, email is our primary method of communication. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the Website. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the signup process or otherwise contact you.


If you do not wish to be presented with promotional content: (i) via email, please change your communication preferences on the Website; or (ii) via the Website, please request to have your profile deleted by contacting us by going to [www.papayahealth.ca]. Changes to your communication preferences for promotional content will not change how we communicate with you for non-promotional content related to the Services.



How can you or we end these Terms?

Termination by us. Without prior notice and for any reason, we can suspend or terminate your use of the Website and access to the Services, and/or terminate part or all of these Terms for the following reasons: (i) any actual or intended violation of these Terms, including without limitation your failure to pay any fees owing; and (ii) any unlawful or inappropriate behavior, as determined by us, including without limitation unlawful or inappropriate use of the Website and the Services. We may also suspend or terminate your access to the Website and the Services, and/or terminate part or all of these Terms for convenience upon 15 days prior notice to you. We will not be responsible for any loss or inconvenience that may result from such suspension or termination for any loss or inconvenience that may result from such suspension or termination.


Termination by you. To terminate your use of the Website and access to the Services and these Terms, you can contact us at the contact information provided in the “Communication” section of these Terms.


Notice and Changes.

How will we tell you about any changes?

Notice. Any notice may be given to you through the Website or pursuant to the “Communication” section of these Terms.


Changes. We can change (add, remove or alter) any part or feature of the Services, without giving you notice. Following any such change, these Terms will continue to apply to all or parts of the Services. Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the change to the email address you provided when signing up for the Services, either before or after the changes take effect. When giving you such notice we will also provide you with a copy of or a link to the updated Terms. If you use the Website or access the Services after we have notified you of a change, or after the Terms have been amended, you are deemed to have reviewed and accepted the new version of these Terms.


Instructions and Security.

You are responsible for your choices made when you are signed in and for the security of your information.

You will be required to provide Sign-In Credentials to access the Services. You authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you using your Sign-In Credentials. Any instruction will have the same legal effect as if it was a written instruction and signed by you.


You are responsible for keeping your Sign-In Credentials confidential, and you must not disclose them to anyone. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. When using the Website and accessing the Services, you agree that you will take all steps necessary to ensure that you do not reveal any confidential information to anyone other than us. This includes making sure that other people cannot see your Device screen.


You must also:

  • Sign out after each session to prevent anyone else from accessing the Website and the Services. If you do not sign out of the Website, you will remain signed into the Website for [XX] minutes or until you log out, if that is before [XX] minutes;
  • Not leave your Device unattended while signed-in to the Website and you must use reasonable steps and precautions to protect your Device against loss or theft;
  • Use reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device; and
  • Comply with any additional security requirements that we may require in connection with the Services.


Service Providers and Third Parties.

Other entities help us provide the Services or offer Third Party Services.

We may use Service Providers and Third Parties to provide or to assist us in providing the Services or Third Party Services.  We do not sponsor or endorse any Third Party and we are not affiliated or associated with any Service Provider or Third Party.


When using the Website and accessing the Services.

  • You may use Service Provider Services solely for your own personal use;
  • You may not sell, distribute or otherwise use Service Provider Services or other information from the Website or the Services, and you may not permit such distribution or use by anyone else; and
  • You may not provide or make available any Service Provider Services to any provider of products or services similar to those products and services provided by the Service Providers.

You understand and agree that (i) your use of any Third Party Services is at your sole risk and may be subject to the terms and privacy policy of the Third Party and (ii) Third Party Services are provided “as-is” and “as available”, and that we expressly disclaim all warranties (express and implied) in connection with any Third Party Services and all information, products and other content included in or accessible from any Third Party Services, including, without limitation, any warranties regarding accuracy, completeness, merchantability or fitness for a particular purpose.


Without limiting the above, you acknowledge and agree that:


  • the list of physical health professionals listed on the Website may not be a complete list of every physical health professional within the specified category or specified distance of the address specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • the information contained about a particular physical health professional may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • any map displayed may not be complete, accurate, or up-to-date;
  • any request to show results of physical health professionals who are accepting new patients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • any records of a particular physical health professional that states such physical health professional accepts new patients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
  • the inclusion of any physical health professional on the Website is not an endorsement of such physical health professional by Papaya and does not in any way mean that Papaya has conducted any due diligence or other investigation regarding the physical health professional;
  • the Website is NOT to be used by you as a source of medical or health advice or for diagnosis of any medical or health condition; and
  • in the event of an emergency, you will call 9-1-1 and not rely on the information contained in the Website.


Service Providers and Third Parties retain all ownership rights, including all intellectual property rights, in Service Provider Services and Third Party Services and to their trademarks and logos that appear on the Website and in the Services. Nothing in these Terms, the Website or the Services should be interpreted as conferring any right for you: (i) to use Service Provider Services or Third Party Services in any way other than as expressly permitted in these Terms; or (ii) to use any Service Provider or Third Party trademarks or logos.


You agree that we, Third Parties and Service Providers may use information and content you provide through the Website and the Services to create use and distribute statistical, profiling, performance or operational reports about the Website and the Services. These reports may be shared with Third Parties, in which case, the information in the reports will not be attributable to you.


Referral Fees.

We may receive fees when we refer you to Third Parties.

A Third Party may pay us, or we may receive from a Third Party, directly or indirectly, a referral fee when we refer you to the Third Party and you elect to purchase or obtain products or services from the Third Party. The amount of any referral fee paid or received for referrals will not affect the fees paid or payable, if any, by you to us or to the Third Party.


Compliance and Prohibitions.

Appropriate use of the Website.

Your use of the Website and access to the Services must comply with these Terms and all applicable laws.


When using the Website and accessing the Services, you will not:

  • Provide untrue, inaccurate or incomplete information;
  • Use the Website or access the Services for any illegal, fraudulent, malicious, harassing or defamatory activity or purpose;
  • Use any robot, spider or other indexing device when using the Website or accessing the Services;
  • Use any part of the Services to provide internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Services;
  • Take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Website or the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or
  • Reverse engineer or reverse compile the source code for the Website or any of the service technology.

When using the Website and accessing the Services, you will:

  • Monitor and control all activity conducted through the Website and in connection with the Services;
  • Promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account; and
  • Inform us of any behaviour of other Website users who display inappropriate or other behaviours that are contrary to these Terms for us to take appropriate actions in response to this behaviour.



You can use it, but you can’t keep it.

We grant you a non-exclusive and non-transferable single-user (non-concurrent) license to use the Website, in accordance with these Terms. At any time, and at our sole discretion, we may limit, restrict, suspend, declare a moratorium on, or terminate your ability to access the Website, or any of the Services, or both; and with notice to you, we may end the terms relating to the Website, including the Services. If these Terms are terminated, you will destroy all copies of the Website and all copies of any documentation for the Website then in your possession. The grant of this license may not be assigned by you unless agreed upon in writing by us.


We retain at all times all ownership rights, including without limitation, copyright, in the Website. You agree not to copy, reproduce, transfer copies or reverse engineer the Website and not to disclose or distribute the Website to Third Parties. We have no obligation to provide any training, maintenance, or other assistance for the Website.


Papaya Health Inc. is the owner, or licensee, of all intellectual property rights subsisting on each screen made available through the Website. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on the Services are the property of Papaya Health Inc., or those of our licensors, and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Website activities, in accordance with these Terms and as we may further instruct you. Nothing in these Terms or on the Website is to be interpreted as conferring a right to use our works, trademarks or logos in any other way, or those of any Service Providers.




No Representations or Warranties.

The Website and the Services are provided “as is”.

We are providing you with the Website and the Services, including all faults, on an “as is” and “as available” basis and we do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties in connection with the Website and in connection with the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, or that the Website is or will be error-free or will operate without interruption.


In the event that there is an interruption or disruption in any of the Services offered by Papaya for whatever reason, even if Papaya has been made aware of an issue that could result in or is likely to result in an interruption or disruption, Papaya will use reasonable efforts to return service as soon as reasonably possible.




Liabilities and Indemnities.

Read this carefully—it limits your right to sue us.

You are solely responsible for all information or content that you give us through the Website, the Services and the Third-Party Services.


To the maximum extent permitted by applicable law, we will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to: (i) these Terms, the Website, the Services or the Third Party Services, (ii) any instruction given to, by or purported to be given by you, using Sign-In Credentials, in connection with the Services or Third Party Services; or (iii) any products or services you obtain or purchase from us or from a Third Party to whom we refer you, or otherwise. Such losses, damages, injuries, delays and inconveniences include, without limitation, (i) direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages, (ii) loss of data, profits, information, opportunity, revenues and goodwill, and (iii) any other business interruption, commercial or economic losses. The foregoing limitation of liability applies regardless of the cause of action, even if we have been advised of the possibility of such damages.  Notwithstanding the above, in no event will our total aggregate liability in connection with or under these Terms, or your use of, or inability to make use of, the Services or the Website exceed $1,000.  For greater certainty, the existence of one or more claims made under these terms will not increase this maximum liability amount.


In addition, in no event, even if we are negligent will we be liable for any loss or damage suffered by you that is caused by any one or more of:

  • The actions of, or any failure to act by a Third Party or Service Provider (and no such Third Party will be considered to be acting as our agent);
  • Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or Third Party Services or any data given by you to us or any Third Party or Service Provider, including your failure to update;
  • Any delay, error, interruption or failure by us or any Third Party or Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;
  • Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you;
  • Your access to the Services or Third Party Services, including, without limitation, any delay or inability to access the Services or Third Party Services;
  • Your failure to receive or view any communication that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause; or
  • Your failure to fulfill any of your obligations under these Terms, including those in the “Security” section of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the Website and the Services (all of the foregoing, “Claims”).

You release and indemnify us for any claim, cost and liability incurred: (i) as a result of your use of the Website any of the Services and Third Party Services; or (ii) as a result of your breach of these Terms.


You will cooperate fully with us in the defense of any Claims.  Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims.  We reserve the right to assume the exclusive defence and control of any Claims.  You will not settle any Claims without, in each instance, the prior written consent of an officer of Papaya.


On-Screen Terms.

Terms shown on-screen form part of these Terms.

There may be terms, conditions, instructions or disclaimers related to the Services, Third Party Services, or Offers displayed on the screens in the Website, or when you click on icons or links on the Website screens. By using any of the Services or any Offers, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use of or access to the applicable Services, Third Party Services, or Offers, in addition to the terms and conditions of any other applicable agreements.




Electronic records = paper records.

Our records, including electronic records, including those of any Service Providers (whether used by them or us), regarding the Website or the Services, including the retrieval, consolidation, organization and presentment of information, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.


Electronic Agreement.

Clicking = signing with a pen on paper.

These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form.


Assignment and Severability.

Contract law stuff.

If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. We may assign or transfer these Terms on notice to you. You may not assign or transfer these Terms or any of the obligations or rights under these Terms to any other person.


We have the right at all times to assign any or all of our rights and obligations under these Terms. The Services may then be delivered by the entity to whom we assign these Terms.



We will talk to each other in English.

You and we have expressly requested that these Terms and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).


Governing Law.

What law applies?

These Terms are entered into and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that the Ontario courts shall have exclusive jurisdiction over each of us for the determination of any matters arising out of these Terms.


Defined Terms.

What does everything mean?

  • Device means any mobile device, computer or other device you use to access the Website and the Services.
  • Offers means any offers, rate discounts or promotions of a Third Party presented by us as part of the Services.
  • Services means the Services as defined by the “Services” section of these Terms.
  • Service Provider means a party retained by us to act on our behalf to provide, or to assist us in providing, the Website and the Services.
  • Service Provider Services means content and information contained in the Services provided by any Service Provider.
  • Sign-In Credentials means usernames, passwords, personal verification questions or other information required to access the Website and the Services.
  • Terms means these terms and conditions.
  • Third Party means any party other than you, us or a party when acting as a Service Provider.
  • Third Party Services means any products or services provided by a Third Party that can be used or accessed on or through the Website or a Third Party that we refer you to for other products and services.