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.
Please see the definitions section at the end of these Terms for any other capitalized terms not otherwise defined.
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
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.
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.
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:
[Stripe].
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.
Collecting your personal information.
We will collect information from and about you such as:
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:
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 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].
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.
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. 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.
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:
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 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:
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.
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.
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:
When using the Website and accessing the Services, you will:
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.
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.
NO 100% GUARANTEE
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:
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.
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.
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.
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.
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.
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).
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.