Conditions d'utilisation

Serefin Health Terms of Use

Last Updated: February 22, 2023

Please read these terms carefully before accessing or using our secure platform (the “Platform”) and Services (as defined below). If you have any questions, please contact us at support@serefin.com.  

Serefin Health (“Serefin”, “we”, “us” or “our”) is a company providing a Platform that allows our members (the “Users”) once registered, to directly access Virtual Care Coordination Services (the “Services”).

  1. Provision of the Services
    1. Definition of the Services

      The Services refers to healthcare coordination services provided at a distance using information and communications technologies, such as phone, chat, messaging, interactive audio and video technology. The Platform allows users to access healthcare coordination services via on-demand virtual conversations. A regulated health professional (“the Care Coordinator”) may use the communication and interactive features of the Platform or external video or audio communications software to provide the Services, which may include assessment, education, the provision of resources, care coordination advice, recommendations of local options for the provision of care from third party providers, coordinating care services, and providing service navigation. However, the Services will not include the provision of a diagnosis, prescribing, or the treatment of any illnesses or conditions. The Services are not medical services and should not be considered as the delivery of healthcare services or a replacement for medical care.

    2. Consent discussion

      Prior to providing the Services, our Care Coordinators will have an informed consent discussion with you, to confirm that you understand the Services that are being provided and that you wish to proceed with the Services. The informed consent discussion will include a discussion and opportunity for you ask questions about:  

      1. the nature of the Services;
      2. the expected benefits of the Services;
      3. the material risks and side effects of the services;
      4. alternative courses of action; and
      5. the likely consequences of not consenting to the Services.
    3. How the Services will be delivered

      During a conversation via the Platform, you and a Care Coordinator may discuss your medical history, your symptoms, and/or any tests or treatment that you may be enquiring about. The Care Coordinator will put this information into an international standard triage software (“Triage Software”).  Triage Software will provide the Care Coordinator with information about your symptoms and recommended next steps. The Care Coordinator will communicate the indicated next steps from Triage Software and assist you in executing the next steps and how to prepare for them fully. The Services are not intended to replace your existing healthcare providers, such as your family doctor.  

    4. Licensing of Care Coordinators

      All our Care Coordinators are duly registered and licensed with the applicable regulatory body in their province and/or territory of practice. All our Care Coordinators, as nurses, are obligated to report to authorities any self-harm or risk to other’s safety if we are made aware. If possible, you will be matched with a Care Coordinator from the province in which you reside.  

    5. Linking to third-party resources  

      In providing you with the Services, we may pull from data collected from resources in Canada. We may include hyper-links to websites that are not maintained by or related to Serefin or its affiliates. Such other websites are solely responsible for their content. We are under no obligation to maintain any link on this Website and may remove any such link at any time in our sole discretion for any reason whatsoever. Access hyper-links and third-party websites at your own risk.

    6. No endorsement

      Serefin does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by the Care Coordinator in providing the Services.

    7. Not intended for medical emergencies

      The Platform and our Services are not intended to be used for medical emergencies or as a substitute for medical advice. Any health and health-related information made available through the Services, including without limitation any tips and/or recommendations, is intended to be general in nature and should not be used as a substitute for a visit to a healthcare practitioner. If you have a medical emergency, you should IMMEDIATELY contact the emergency services in your area or go to the nearest hospital or healthcare center.  

    8. Acknowledgment

      By checking the box agreeing to these Terms of Use, you acknowledge that you understand the scope of the Services as described above and agree to the manner in which the Services will be delivered, and in particular:  

      1. That you will be given an opportunity to discuss the Services with the Care Coordinator and provide your informed consent; and
      2. That the Services are not medical advice or treatment, and that the Services cannot be used for medical emergencies.  
  2. PERSONAL INFORMATION AND PRIVACY

    (A) Serefin’s collection, use and disclosure of personal information
    1. Serefin is collecting, using, and disclosing your personal information for the purposes of
      1. providing you with the Services;
      2. collecting payment for the Services from you or a third party who is paying for the Services (such as an employer);
      3. ensuring your compliance with the Terms of Use;
      4. resolving any disputes arising from your relationship with Serefin as set out in these terms of use; and
      5. as otherwise permitted or required by law.
       
    2. If Serefin wants to use or disclose your personal information for any other purpose, we will first obtain your express consent.  
    3. Serefin will typically collect your personal information from you directly. If Serefin determines that it is necessary or appropriate to collect your personal information from a third party (such as one of your treating health professionals or your emergency contact), we will obtain your express consent before collecting information from this third party.  
    4. If Serefin determines that it is necessary or appropriate to disclose your personal information to a third party (such as one of your treating health professionals or your emergency contact) we will obtain your express consent before disclosing information to this third party.
    5. Serefin will use reasonably appropriate safeguards to protect your personal information, including administrative, physical, and technological safeguards. Further information about Serefin’s privacy practices can be found in our Privacy Policy, which is available here [insert link].  
    (B) Acknowledgment

    By checking the box agreeing to these Terms of Use you acknowledge and agree to Serefin’s collection, use, and disclosure of your personal information as described above.

  3. USE OF THE PLATFORM

    (A) Primary Account Holders and Covered Persons

    In order to use the Platform and be provided with the Services, you must register for a user account (“Account”). To register for an Account, you must be aged 14 years or older, and have been invited by Serefin Health to create an Account:

    1. As included in your purchase of an eligible product from a participating travel marketplace, a benefit of employment or your membership with a company or an association or as part of your insurance program with a company that provides Serefin Health’s Services to its employees, members or insurance holders, as the case may be, in which case you are a “Primary Account Holder”; or
    2. To the extent provided herein and in Section III.D) below, a spouse or eligible child (including foster child) of a Primary Account Holder, in which case you are a “Covered Person”.  
    3. For a child to be eligible as a Covered Person, the child:  
      1. must be under the age of 21 or under the age of 26 if they are full-time students;  
      2. must not be married or in any other formal union recognized by law; and
      3. must live in the same household as the Primary Account Holder or resides near their university or school.
    (B) Responsibilities of Primary Account Holders
    1. If you are a Primary Account Holder, you hereby acknowledge and agree that you will not invite a person to create an Account unless that person is your spouse or an eligible child (as per the criteria above).
    2. As the Primary Account Holder, as part of the registration process, you will be asked to provide us with certain information about you, your spouse and/or your eligible child(ren), such as full name, date of birth, email address, phone number, mailing address, and a password that is unique to the Account. You may also be required to provide us with payment and banking information to facilitate payments to and from your Account. Please refer to Section II regarding the collection and processing of any of your personal information by Serefin Health for more details.  
    (C) Responsibilities of all Account Holders

    Primary Account Holders and Covered Persons (collectively, (“Account Holders”) have the following responsibilities:  

    1. You must provide accurate, current and complete information and promptly update all information in the Account to ensure that it is accurate, current and complete.
    2. You cannot transfer or sell your Account to any other person nor provide any other person with access to your Account.
    3. You cannot share your password to access the Services with anyone.
    4. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password.
    5. With the exception of Dependent and Minors as described in section III.D below, you must only use the Services for your own benefit and not for the benefit of a third party.  
    6. You cannot reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose, unless we provide you with prior written authorization.
    7. You cannot record and/or distribute in any way, manner, or form any of the consultations with Care Coordinators, unless we provide you with our prior written authorization.  
    8. You cannot promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam.
    9. You cannot promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class. We will not tolerate any abuse or offensive discourse or behaviour towards Care Coordinators or other employees.
    10. You cannot upload, post or otherwise make available any material that contains viruses, malware or other malicious software.
    11. You cannot engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform.
    12. You cannot track, trace or harvest any information on any Account or any other person who visits the Platform.  
    13. You cannot use inappropriate language or conduct when communicating with Care Cooordinators or other Serefin employees, regardless of whether or not that language or conduct is specifically directed at the individual you are communicating with. Inappropriate language includes but is not limited to speech that is abusive, harassing, vulgar, hateful or defamatory, or which discriminates against other persons on the basis of gender, race, religion, ethnicity, sexual orientation, family status or disability.  
    14. You cannot attempt to communicate with any Care Coordinator or other Serefin employee through any means other than the Platform, except when mutually agreed or if instructed to by a Serefin employee.
    (D) Minors and other Dependents
    1. A child aged less than 14 years old (a “Minor”) or a child/spouse who lacks the necessary capacity to give valid consent to discuss his or her medical treatment (each, being referred to herein as a “Dependent”) is not permitted to register for an Account. However, Dependents may receive Services via the Platform through their parent’s or legal guardian’s Account, provided that the parent or legal guardian is with the Dependent when the Dependent is using the Account and that the parent or legal guardian have given their consent. If you use your Account to obtain Services for your Dependent, you are responsible for complying with these Terms of Use.
    2. All Care Coordinators reserve the right to assess whether a person has the capacity to provide consent on a case-by-case basis. If the Care Coordinator determines that a person is a Dependent, the Dependent’s parent or legal guardian must abide by the terms defined in section III.(D)1. above whenever the Dependent receives the Services.
    (E) Suspension, termination, or changes to account
    1. We may suspend your access to the Platform or terminate your Account with us if your use of Services breaches any of the above requirements for use of the Platform.  
    2. In addition, we may withdraw, suspend, discontinue any functionality or feature of the Platform or Services for any reasons, notably if our Platform is affected by any unforeseeable and irresistible event, including external causes with the same characteristics.
    (F) Acknowledgment

    By checking the box agreeing to these Terms of Use, you acknowledge that you must comply with the above requirements when using the Platform, and in particular:

    1. That you have an obligation to provide complete and accurate information; and
    2. That your account can be suspended or cancelled for failure to comply with the above requirements.  
  4. EXCLUSIONS, RISKS, AND LIMITATIONS

    The Services are for your convenience and are meant to promote and facilitate access to healthcare services abroad. However, there are certain exclusions, risks, and limitations associated with obtaining the Services and using the Platform.

    (A) Exclusions
    1. Nothing in the Services or on the Platform should be considered as, or used as a substitute for, medical advice, care, diagnosis, or treatment. The Services and information on the Platform are only intended to provide health management, education, and coordination. Users should always seek medical advice and treatment from a physician or other qualified health care professional. You should never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of information received through this Service.  
    2. The Services and the Platform cannot be used for medical emergencies. If you have a medical emergency you must contact emergency services in your area by dialing 911 (or the local equivalent) or go to the nearest hospital or healthcare center.
    (B) Risks and Limitations  
    1. Our Care Coordinators may not have access to your up-to-date medical records, so they will be reliant on your recollection and communication of that information, which may result in an inaccurate triage decision and/or plan.
    2. Any recommendations given are based on the accuracy and completeness of the health record/information provided.
    3. Healthcare service navigation may be limited depending on where you are located.
    4. Despite our efforts to protect the privacy and security of electronic communications, it is not possible to completely secure the information and thus there is no guarantee against data breaches, which may result in the unauthorized collection, use and/or disclosure of your personal health information.
    5. Health and medical information changes constantly. Therefore, the information provided on this Service or on the linked sites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on the Service or the linked sites is solely at your own risk.
    6. The Services may be dependent on broadband infrastructure and interactions are susceptible to degradation or loss of connection. As the Services are provided through virtual interaction,  there is a risk of error or inaccuracy due to technological limitations.
    (C) Acknowledgment  

    By checking the box agreeing to these Terms of Use, you acknowledge that the Services are subject to the exclusions, risks, and limitations, and in particular:

    1. That the Services are not medical advice or treatment, and that the Services cannot be used for medical emergencies.
    2. That the reliability and effectiveness of the Service relies on your truthful and honest completion of the screening forms, as well as the provision of any personal information.  
    3. You are solely and entirely responsible for the accuracy of your responses to the screening forms, as well as provision of any other personal information, and that you are solely and entirely legally liable, including to any third party, for such responses and their accuracy. We are not responsible or legally liable to you or any third party for the accuracy of any of your responses or the provision of any personal information.
    4. The decision of whether to follow the recommendations made or referrals to care providers is yours.  We are not responsible for the care you receive from any third party.
  5. GOVERNING LAW

    (A) Exclusive jurisdiction determined by the location of the Care Coordinator  
    1. All aspects of the relationship between you and Serefin as governed by these Terms of Use and the resolution of any and all disputes arising from or in connection with that relationship are within the exclusive jurisdiction of and shall be governed by and construed in accordance with the laws of the province or territory where the Care Coordinator is located, regardless of where you are located at the time of your consultation, (other than conflict of laws rules) and the laws of Canada applicable therein.
    (B) Acknowledgment

    By checking the box agreeing to these Terms of Use you acknowledge that all aspects of your relationship with Serefin under these Terms of Use are within the exclusive jurisdiction of the province or territory where the Care Coordinator is located and attorn to that jurisdiction for the resolution of any and all disputes arising from your relationship with Serefin under these Terms of Use.  

  6. GENERAL TERMS

    (A) Payments of charges and cancellation fees
    1. You may access and use the Platform on a mobile device or via a web browser. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform.
    (B) Ownership of intellectual property rights
    1. The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Contents.
    2. The Platform together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Platform, are the exclusive property of Serefin, and its successors, assigns, licensors, and/or suppliers. Unless we have entered a separate agreement with you stating otherwise, you do not have a right to use any of the Contents, our trade-marks or other intellectual property of Serefin. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.
    3. No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Serefin Health or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform.
    4. Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal and provincial laws.
    5. You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner.
    6. The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.
    (C) Term, termination, and cancellation
    1. Services commence on the date you receive your access credentials (Username and initial Password) (the "Commencement Date") and will continue thereafter until the termination date (as indicated within the Platform) or, in the event there is no termination date and Services are purchased on a recurring subscription, either Serefin, you or the employer or company sponsoring you terminates the relationship.
    2. When you receive an Account included in your purchase of an eligible product from a participating travel marketplace, we may terminate your use of the Platform without notice in the case of breach or non-compliance by you of these Terms of Use.  
    3. We may also terminate your use of the Platform by providing 30 days written notice to you of the termination.  
    4. If you want to terminate your Account with us, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.
    5. Subject to any applicable laws and the ethical and professional obligations of the Care Coordinators providing Services to you, we will have no further obligation of any kind whatsoever to you or any other party. We reserve the right to preserve, retain or delete your information, including personal information, in accordance with the Privacy Policy and any applicable laws and regulations.
    6. Please note that if we disable access to your Account, you will still be able to access records of your past Consultations but that you will be unable to initiate any new Consultations or obtain further Services from Serefin Health. For information on how to access the records of your Consultations or any of the records we have about you, please contact us at privacy@SerefinHealth.com
    (D) Warranty disclaimer
    1. SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.  
    1. IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. In no event shall Serefin Health be liable for any damages (including, without limitation, incidental, special, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Platform or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Serefin Health is advised of the possibility of such damages. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
    (E) Limitation of liability
    1. SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
    2. IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY BUSINESS LOSSES, LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS. THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    (F) Indemnification

    You agree to indemnify and hold us, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and expenses (including reasonable lawyer’s fees) due to or arising out of: (i) your use of the Platform; (ii) your violation of these Terms of Use; (iii) any misrepresentations made by you; or (iv) your violation of any rights of a third party in connection with your use of the Platform or the Services.

    (G) Entire agreement

    These Terms of Use and the Privacy Policy constitute the entire agreement between you and Serefin relating to your use of the Services and the Platform.

    (H) Notice and changes to the Terms of Use

    You agree that we may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Platform. You will be deemed to have accepted the Terms of Use as amended if you continue to use the Platform after any amendments are made.

    (I) Waiver

    You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

    (J) Severability

    If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this provision shall be deemed severable from the remainder of the Terms of Use will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

    Acknowledgment

    By checking the box agreeing to these Terms of Use you acknowledge that you have read and agree to the General Terms of Use described above, and in particular:  

    1. that you are responsible for ensuring that payment for the Services is provided in accordance with the terms above, even where the payment for the Services is provided by a third party (such as an employer, etc.);  
    2. you are responsible for indemnifying us for any issues arising from your use of the Service; and
    3. that the Terms of Use can be amended, and that you will receive notice of these changes by email, mail, or public posting on the Platform.