Arlo Terms of Service

These Terms of Use (the “Terms”) form a legally binding agreement between you (“User”, “you” or “your”) and The Arlo Healthcare Company Inc. (“Arlo”, “we”, “our” or “us”) with respect to your access and use of our website(s), applications, products and services (collectively, the “Platform”).

The Platform connects registered Users with healthcare providers (“Providers”) who provide telehealth services, delivered primarily via text message. You acknowledge and agree that the services that we provide to you are limited to facilitating communications between you and a Provider, and such other services as we may make available to Users from time to time.  While each Provider is licensed to provide health care services in Ontario, Arlo is not a health care provider and is not providing medical or other health advice.

Please note that in respect of any of the User’s representations and warranties referenced below, the User agrees that: i) Arlo is relying on such representations and warranties; and ii) the User will be deemed to have re-delivered such representations and warranties each time they use the Platform.

Your Acceptance of these Terms of Use
By registering for an account (“User Account”) or by using the Platform, you agree to be bound by these Terms, as revised from time to time. If you do not accept these Terms, you must not access or use the Platform.
You agree that these Terms, and any related information, communications and agreements between you and us, may be made available or occur electronically.

These Terms were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: www.arlohealth.ca/terms-of-service

Eligibility to Use the Platform
To enter into these Terms and use the Platform, you must be at least 18 years of age or possess legal parental or guardian consent, and you must be fully able and competent to enter into these Terms and abide by and comply with these Terms. By accepting these Terms and using the Platform, you represent and warrant to Arlo that you have the capacity to be bound by them, and if you are less than 18 years of age, that you possess the consent of your parent or legal guardian to do so.
By using the Platform to receive services from a Provider, you represent and warrant to Arlo that you are located in the province of Ontario. IF YOU ARE NOT PHYSICALLY LOCATED IN ONTARIO, YOU MAY NOT USE THE PLATFORM.

Users may register individuals for whom they have the legal right to make healthcare decisions (“Dependents”) and use the Platform on their behalf. Users are required to create a separate profile for each Dependent. You represent and warrant to Arlo that you: i) are authorized to act; and ii) will continue to be authorized to act during any period that you are using the Platform, for your Dependents and to make decisions about their healthcare. Where you are using the Platform on behalf of Dependents, the terms “you”, “your” or “User” in these Terms include those Dependents.

Nothing in these Terms requires Arlo to accept any registrant as a User, notwithstanding that the registrant meets the Platform’s eligibility requirements as amended from time to time.

Your User Account
Certain sections of our Platform may only be available to you upon registration for a User Account. Upon registration, you must provide Arlo with certain current, complete, and accurate information, including your name, email address, password, and other information that is requested by Arlo.

Your decision to provide us with personal information is voluntary and optional. However, if you choose not to provide us with personal information, you may not be able to access or use all of the functions on the Platform. 

By registering for and using a User Account, you represent and warrant to Arlo that:
1. all information that you provide to us is truthful, accurate, and complete;
2. you have the right and authority to disclose all information you disclose about yourself or others, including your Dependents, to us; and
3. you will comply with these Terms.

As a registered User, you agree to maintain and promptly update your information as necessary to keep it true, accurate, current and complete.

You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers, other Users and other persons may incur as a result of your: i) submission of any false, incorrect, or incomplete information, or ii) failure to update the information that you submit via our Platform.

You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your User Account or access to content or information stored within your User Account – including (without limitation) losses by other Users. You agree to immediately notify us of any unauthorized use of your User Account.

Terms Applicable to Virtual Care Services
You acknowledge and agree to the following terms and conditions applicable to the provision of medical and nursing services by a Provider via the Platform (“Virtual Care Services”).

Providers are Independent Contractors

The Platform is intended to facilitate the delivery of Virtual Care Services to Users by independent Providers. Providers are independent contractors of Arlo; Providers are not Arlo’s employees or agents acting on behalf of Arlo.

The relationship between you and your Provider is a provider-patient relationship. Arlo is not a party to the relationship between you and the Provider. While Arlo facilitates access to Virtual Care Services, Arlo is not a health care professional. Arlo does not supervise or have any control over the provision of the Virtual Care Services by Providers. Providers are solely responsible for the healthcare services that they provide to you, including (without limitation) compliance with standards of care, record-keeping and other professional obligations, and in no event will Arlo be liable for the same.

Neither Arlo, nor any of its affiliates or any third party who may promote the Platform, shall be liable for any information or advice obtained via the Platform, nor any Virtual Care Services provided by a Provider via the Platform.

Limits of Virtual Care Services
You are responsible for providing the Provider with the information that they request in order to provide you with Virtual Care Services. If you choose not to provide this information, or if you provide inaccurate information, the Provider may not be able or willing to provide you with Virtual Care Services.

A Provider may determine that Virtual Care Services are not appropriate for some or all of your treatment needs or that they are not permitted to provide the services you require. Providers have the discretion to discontinue the provision of Virtual Care Services to you at any time and for any reason.

Providers may be restricted in the types of medication that they are able to prescribe during a Virtual Care Service. You agree that any prescriptions you acquire from a Provider are solely for the personal use of the individual named on the prescription. You agree to fully and carefully read all provided product information and labels, and to contact a pharmacist or your primary care physician if you have any questions regarding the prescription. You will report any drug reactions, side effects, or other adverse events to your primary care physician, or if you do not have one, to the nearest walk-in clinic or emergency room.
A User’s interaction with a Provider through the Platform is not intended to take the place of a User’s relationship with their primary care physician or other regular healthcare providers. You are responsible for ensuring that your physician has been informed of the Virtual Care Services that you receive through the Platform.

YOU SHOULD SEEK EMERGENCY HELP OR FOLLOW-UP CARE WHEN RECOMMENDED BY A PROVIDER OR WHEN OTHERWISE NEEDED.

Privacy
We respect your right to privacy. For a summary of how Arlo collects, uses, and discloses your personal information, please review our Privacy Statement at: www.arlohealth.ca/privacy.

Payments and Account Fees
As the Virtual Care Services will be delivered asynchronously, and in some cases, by nurses who are authorized to provide Virtual Care Services, they are not covered by the Ontario Health Insurance Plan, and Users will be responsible for paying for all Virtual Care Services Received. Users will have the option to purchase a subscription from Arlo (“Subscription”), which will entitle such Users to receive Virtual Care Services during the period of the Subscription, subject to the terms and conditions attached to the Subscription. Alternatively, you may pay for Virtual Care Services on a fee-per-service basis (“Fees-per-Service”), in which case, you will pay for each Virtual Care Service at the time you receive such service. Further details regarding the different options for payment, including the Subscription and Fees-per-Service options, can be accessed here: email help@arlohealth.ca

All Subscription fees and Fees-per-Service (collectively, “Fees”) will be paid to Arlo. Providers are prohibited from collecting Fees from Users directly. The Fees will be charged to the credit card whose information you provide to us through the Platform or collected by another means of payment as mutually agreed between you and us (the “Means of Payment”). By providing the necessary information about the Means of Payment, or by using the Virtual Care Services, you are agreeing to pay us the Fees and authorize us to charge the Fees to the Means of Payment. If applicable, you represent and warrant that you are authorized to make charges to the Means of Payment.

All Fees are in Canadian dollars and inclusive of all applicable taxes.

Arlo reserves the right to change the Fees associated with the Virtual Care Services and any other products and services made available through the Platform at any time. Arlo will endeavour to make commercially reasonable efforts to provide notice of these changes to you but reserves the right to do so from time to time without any notice or any liability to you or any other person.

Licence to Use the Platform
Arlo grants you (as a permitted User) a limited, revocable, non-exclusive licence to access our Platform for your own personal use, and in compliance with all applicable laws. Use of our Platform beyond the scope of authorized access granted to you by these Terms of use immediately terminates that licence. For greater certainty, Arlo, in its sole discretion, may also terminate or suspend your licence to use the Platform and/or your User Account for any reason or no reason, with or without notice to you.
Access and use of our Platform may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our Platform for any reason.

All rights not expressly granted by these Terms are reserved to us, or, if applicable, our licensors.

Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our Platform to anyone at any time for any reason, without any notice or liability.

Trademark and Copyright Information
Our Platform contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our Platform is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our Platform or the collective work, and/or copying or reproducing our Platform or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Arlo.
You further agree not to reproduce, duplicate, or copy content from our Platform without the express written consent of Arlo, and agree to abide by any and all copyright notices displayed on our Platform. For greater certainty, the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Arlo’s prior written approval.

You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in our Platform. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of our Platform.

Your Conduct
In your dealings with us, including to the extent that our Platform and your User Account permit you to post or otherwise make available content, you agree not to post or otherwise make available content that:
1. is unlawful;
2. includes personal or identifying information about another person without that person’s consent;
3. impersonates any person or entity, including a Arlo employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4. involves, provides, or contributes any false, inaccurate, or misleading information;
5. in any manner violates any third party right or any agreement between you and a third party;
6. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
7. is harmful, threatening, abusive, harassing, defamatory, pornographic;
8. harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, such determination to be made in Arlo’s sole discretion;
9. constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. disrupts the normal use of our Platform with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our Platform; or
12. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our Platform.
You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Arlo, or any other person as a result of your submission of any information on or through our Platform.

Disclaimer Regarding Third Party Content
Our Platform may offer access to third party websites and content available over the Internet. Arlo generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Arlo of such content. You further agree that Arlo shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

Disclaimer of Warranties
OUR PLATFORM (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Arlo does not warrant the accuracy or completeness of the Content.

Limitation of Liability
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS PLATFORM OR SERVICES RECEIVED THROUGH THIS PLATFORM IS COMPLETELY AT YOUR OWN RISK.

Arlo and its affiliates and their respective directors, officers, employees, shareholders, successors, assigns, agents, and service providers, shall not be liable for any direct, special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from your use or reliance on the Platform or the Virtual Care Services.

Indemnity
You agree to indemnify and hold Arlo and its affiliates and their respective directors, officers, employees, shareholders, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including (without limitation) reasonable legal fees and court costs, made by any third party (including any other User) due to or arising out of your use of our Platform, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

Independent Relationship
Nothing in these Terms shall be construed as forming a partnership or joint venture between Arlo and you. Neither party to these Terms will have the authority to bind the other by contract or otherwise or make any representations on behalf of the other. You acknowledge that Arlo is acting independently from you, and that Arlo will not be deemed, under any circumstances, to be your employee or agent for any purpose.

General Matters
These Terms constitute the entire agreement between you and Arlo regarding your use of our Platform, superseding any prior agreements between you and Arlo. These Terms and the relationship between you and Arlo shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Arlo agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario.
The failure of Arlo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You may not assign any of your rights and obligations under these Terms; Arlo may assign any of its rights or obligations under these Terms any time without notice to you. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.