This version is current since November 11, 2021

Read these terms of use carefully. Ask your Pro is an online platform which allows its users to be matched with one or more professionals and to access health information deemed reliable on the Internet, and which allows professionals to identify users seeking their expertise. We refer to the website and the future mobile application jointly as Ask your Pro (hereinafter the "platform").

Introduction

Use of the platform is governed by these terms of use. Ask your pro Inc. (hereinafter the “company”) may modify these terms of use at any moment without notice. The current version of these terms of use will be available each time you access the platform from the platform menu or when initiating a consultation request (hereinafter “ask a question”).

By using the platform, you agree to be bound by these terms of use. You also agree to comply with all applicable laws and regulations when using the platform and not to violate the security of the platform. You should not use the platform if you do not agree to these terms of use or the privacy policy attached to them, or if you do not understand what they mean or do not consent to the use of your data by the company as described in the latter.

If you have any questions or concerns, you should contact our team at reach@apharmacist.ca.

By using the platform, the user consents to receive services from professionals who have been matched to him. These services represent the provision of health information, the realization of remote consultations, the remote monitoring of a health condition, marketing-related messages and any other service deemed relevant by the professionals.

In addition to the consent to care traditionally obtained before the first meeting between a professional and a patient, the user consents to the inherent risks of remote care, such as a higher risk than usual that the information exchanged between the patients and the professionals be intercepted by a third person without the user being aware of it, a lower quality of interaction compared to a face-to-face conversation, a greater risk of involuntary interruption of the encounter and care quality lower in comparison to traditional care.

Never delay an urgent consultation

Use of the platform should never delay a medical consultation. You must not rely on the service offered by the platform for a condition endangering your life or that of a third person, or when a delay in taking charge of your situation or that of this third person could have negative repercussions on your health or that of this third person.

The platform should also not be seen as an incentive to do business with several different professionals. The company encourages you to do business with only one professional or a single team of professionals, in order to ensure that the latter has in its possession all the information useful for the proper handling of your situation.

Free platform

The platform is free to users and always will be. On the other hand, certain services provided by professionals using the platform could generate costs for the user or for a third party payer providing health insurance to the user. In such a case, the team of professionals will provide the user with information on the costs of a service, before the service is performed, in accordance with the professional's code of ethics.

Creating an account on the platform

The company does not require users to create an account, but some features will only be accessible to account holders, such as:

  • Ask a question to a professional (a.k.a initiate a care request);
  • Store your information so that it can be viewed on multiple devices;
  • Store your information to protect you from loss or theft.

Whether or not he creates an account, the user consents:

  • that this personal information is collected, used and disclosed in accordance with the most recent version of the privacy policy;
  • that a professional consults his electronic health record (eg: through the Dossier Santé Québec ™ in Quebec) if he or she considers it necessary in order to provide a service;
  • not to hold the company under any circumstances responsible for the information contained in the responses or comments of professionals and other users, nor for any actions taken or damages or costs incurred directly or indirectly by consulting the platform. The company does not endorse or recommend any of the information provided by professionals. Professionals provide services on their own behalf and incur their own professional liability. Under no circumstances can the company be held responsible for the writings of a professional and the direct or indirect impact of these writings on the user or on those around him;
  • not to use the platform if he is under the age of 14. In the event that the company is notified or has knowledge that the platform has been used by a user under the age of 14 without parental consent, the company must and is authorized to delete, in its entirety, the user's profile and the information there. Only the holder of parental authority over a person under the age of 14 can use the platform to obtain information about that person;
  • to be responsible for the activities carried out on and with his profile. It is therefore the responsibility of the user to maintain the confidentiality of his account information, in particular his password and the email address with which he connects to his profile and by which he is notified of the response. The user agrees to write to reach@apharmacist.ca should their password be lost, stolen, otherwise given to an unauthorized third person or compromised in any way;
  • to submit only content whose copyright is fully owned by the user and free of hateful, disrespectful, racist, sexist or otherwise inappropriate nature. The user must also not create more than one profile for the same person nor create a profile for a third person without his prior consent;
  • that all content posted on the platform becomes the exclusive property of the company. Note that the user can delete the content placed on the platform, but in certain situations, certain content may not be completely removed or continue to appear in certain places on the platform or elsewhere. The company cannot be held responsible for not having deleted or removed in its entirety certain content present on the platform or elsewhere;
  • that the platform may include, at one time or another, a form of advertising which could be targeted (hereinafter “just-in-time advertising”) to the content of certain parts of the platform or to past consultations or content viewed by the user, among others. The form, extent and content of the advertisement are subject to change without notice. The user also consents that we may receive any form of remuneration by placing advertising on the platform;
  • to be bound by the terms of use of Google Maps / Google Earth APIs, Vigilance Santé, MailChimp, Ghost and Google ML.

The publications are not a substitute for professional advice or for information found in product monographs

Professionals registered on the platform make available a large proportion of the consultations carried out through the platform (hereinafter the "publications"). The information included in these publications is intended for your general knowledge only. This is not to replace what a professional might do as an analysis and management of your personal situation. Do not rely on them to diagnose or treat any disease.

You should consult your team of professionals if you need personal advice or assistance. The user understands that professionals using the platform do not provide any diagnosis. The user also understands that all labels and instructions on the packaging or in the product monograph for recommended, mentioned or otherwise that may be discussed by professionals should be read carefully and fully followed.

Accuracy of information found on the platform

The company ensures that the platform is available and that the information contained therein is accurate and up to date, without however guaranteeing its quality or accuracy. The platform and its content are provided "as is" and "as available" without warranties or conditions of any kind, express or implied.

The company expressly disclaims all warranties and conditions, including statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, peaceful enjoyment or non-violation with respect to the platform, in all measure permitted by applicable law.

In addition, each user is responsible for the accuracy of all data he provides to the platform and its users. When creating a profile and at all times using the platform, it is the user's responsibility to ensure that all information provided to professionals is truthful, accurate, up-to-date and complete. To do this, the user must update their profile as soon as a change needs to be made. The user undertakes to provide all the necessary information to professionals so that they can adequately answer questions. The company reserves the right to suspend and / or delete the profile of any user who does not provide accurate, complete and up-to-date information using the platform.

The company is not responsible for any errors, omissions, injuries, loss or damage resulting from the use (or misuse) of information, statements or conclusions contained or implied in the information or publications available on the platform or in any related documentation.

International use of the platform

The information provided on the platform is intended for users in Canada only. We make no representation that the Platform is applicable or appropriate for users outside of Canada. Access to the platform from territories where the content is illegal is prohibited.

If you choose to access the Platform from outside of Canada, you do so on your own initiative and at your own risk.

Platform availability

The company does not guarantee that the platform will operate without interruption or error, nor that communications to or from the platform will never be intercepted or completely free from errors, viruses or other harmful or invasive files.

The company is not responsible for your use or inability to use the platform, for damage caused by it to your computer or other of your devices, for any loss of data that may result from downloading material, or any error, delay, interruption or omission of information on the site.

From time to time, company personnel will perform maintenance operations on the platform. During this time, access to the platform, the information it contains and its features may be limited.

Platform security

Any information sent or received over the Internet is generally not secure and can be intercepted, lost or modified. Although the company has taken the necessary measures to reduce the risks associated with sending information to or from the platform (e.g .: encryption by TLS / SSL protocol during transmissions, hosting of data on Canadian soil) , it cannot guarantee the security of any communication. The company assumes no responsibility or risk for your use of the Internet and conversations carried out through the platform.

Intellectual property of the platform

The content of the platform, including text, graphics, trademarks, logos and other elements, is protected by copyright and trademark laws and is the property of the Company. The platform must under no circumstances be copied, published or sent to third parties without the prior authorization of the Company. These rights are protected by the Canadian Copyright Act and by other national and international laws and agreements.

You can use the platform for your personal use, as well as that of your family.

You have the right to download, store and print single copies of any material or material found on the platform, provided you comply with the rules surrounding the Creative Commons BY-ND.

You can only use software to access the platform. You may not use any technology that allows you to modify the platform.

Your rights relating to the platform have limits and cannot be transferred or assigned to third persons. Your access to the platform may be suspended or terminated if you violate the terms of use, or if you attempt or assist someone who attempts to reverse engineer the platform.

Additional terms of use for professionals

These additional conditions apply to professionals who have subscribed to the platform. If you are a professional, you agree to abide by all of the Platform's terms of use and, where an additional professional terms of use contradicts that of a user, the additional professional terms will prevail.

Professional information

As a professional, you must register and use your real name, professional contact information, and (if you choose to upload a photo) a real picture of yourself to upload to your public profile. You consent to the company using your public information (name, photo, biographical information, etc.) on the platform or in connection with the activities of the company.

Professionals in good standing

Professionals using the platform must be member of their college/order at all time. Professionals whose license is suspended or revoked, for whatever reason, are not allowed to participate on the platform.

Professional content

You have all the rights to modify your own content appearing in your public profile or in your views at any time. You also have the right to use and create derivative works from your own content elsewhere than on the platform (for example on your own website, blog or in your own social media posts) as long as you comply the rules surrounding the Creative Commons BY-ND.

Professional permission on content

When a professional creates content on the platform (for example, by completing a conversation and turning in public), they grant the company an unlimited right to extract data. By creating a publication, they also grant the company the right to use, reproduce and publish this content, including in connection with or on the platform, and to accompany its publication with the name of the professional. It also gives the right to assign or transfer all rights granted herein.

The company reserves the right to remove any content at any time, without prior notice, in compliance with the ethical and legal obligations of professionals.

Content creation by professionals

In order for everyone to benefit from the platform, the following rules must be observed when creating content as a professional:

  1. You don't have to accept any opportunity matched with your care team;
  2. Accept to answer a question only if you reasonably believe that you are likely to be of use to the user and have the necessary level of knowledge in the subject of the question;
  3. If you are using the platform with a student (future professional), supervise the latter's responses and only allow that student to respond to an opportunity if you reasonably believe that it is likely to be useful for the user;
  4. Feel free to professionally interact with users and build lasting relationships with users. However, please help us to keep the personal information of our users confidential. Please do not refer to users in public areas by their real names, even if this information has been disclosed to you through the platform;
  5. Share your professional clinical expertise with evidence-based answers that meet accepted standards in the professional community;
  6. You are permitted to link to appropriate external websites related to your responses, but responses on the platform must be complete and should not be used for primarily promotional purposes;
  7. Please do not plagiarize by citing your sources instead, if applicable;
  8. Providing users with useful information will naturally help you attract new customers. Users of the platform can indeed find your professional contact details in your profile and contact you to purchase your services. However, avoid violating the rules for soliciting patients;
  9. In your responses, be careful not to discuss confidential details of past or current patients, or accidentally reveal confidential information in an indirect way - for example by discussing hypothetical illustrations that can be traced to specific patients.

Termination of a professional

We reserve the right to delete your profile or to prevent you from using the platform temporarily or permanently in the event of non-compliance with these terms of use after notifying you.

In such a case, the company cannot be held responsible for the inconveniences and losses caused by the deletion of the profile or the inability to use it.

Limitation of Liability

The company, subject to applicable laws, cannot be held liable for damages of any kind, including, without limitation, direct, special, indirect, punitive, incidental or consequential damages, including without limitation, lost of business, lost earnings, lost data or loss of income of any kind. This applies even if the company knew or should have known of the possibility of such damage.

Further, you agree to indemnify the company against all claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal costs) incurred by them as a result of or resulting from your use of the platform. You must also indemnify and hold the Company harmless from any claims from third parties arising from your use of the platform.

Jurisdiction

These conditions of use and the content of the platform are governed by the laws of the province of Quebec, and any dispute will be submitted to a competent court in Quebec. In the event that any particular provision of these terms of use is held to be invalid by a competent court, such invalidity will in no way affect the spirit or scope of these terms of use, all other provisions of which will remain by elsewhere enforceable.

If you have any comments or questions about these terms of use, please write to us at reach@apharmacist.ca.