Echelon Wellness Terms of Service to Clients/Patients
PLEASE READ TERMS OF SERVICE CAREFULLY
These Terms of Service contain important information about your rights and obligations as a patient/client (Client) of Echelon Wellness Inc., its affiliates, subsidiaries (together, Echelon Wellness) and its health care providers (Providers). They also contain limitations on the liability of Echelon Wellness and the Providers who render the Services. Please read them carefully.
1. Crisis and Emergencies
THE SERVICES OF ECHELON WELLNESS ARE NOT FOR A CRISIS OR FOR EMERGENCIES. When in crisis, contact the following services or, if it is a mental health crisis, call the Canadian Mental Health Association (“CMHA”) or crisis agencies in your province:
Canadian Crisis Centres
Find your local CMHA
Call 911
Go to the nearest hospital emergency room
2. Definitions
a) The term “Provider” used in these Term of Service may be any or all of the following:
(i) Physician
(ii) Massage Therapist
(iii) Social Worker
(iv) Psychotherapist
(v) Psychologist
(vi) Counselling Therapist
(vii) Chiropractor
(viii) Nurse Practitioner
(ix) Nurse
(x) Pedorthist
(xii) Chiropodist
b) Echelon Wellness Providers are both independent professionals and employees of Echelon Wellness, working as a team. They are experienced healthcare professionals who are registered with their applicable provincial or federal regulatory bodies and who adhere to the principles of these regulatory organizations.
c) An “Appointment” is a scheduled meeting with an Echelon Wellness Provider. It may be virtual or in-person, depending on the nature of the Services.
d) “Services” are health and wellness services provided during Appointments by Providers registered with Echelon Wellness.
e) Depending on the context, “Client” may mean you or it may mean you and other persons. Clients receive Services from Providers and pay Echelon Wellness for such Services.
3. Terms of Service
These Terms of Service govern every Client’s relationship with Echelon Wellness and its Providers. By accessing or using the Services you agree to be bound by these Terms of Service and accept all legal consequences. If you do not agree with these Terms of Service, you may not use or obtain the Services. Access to, and use of the Services, is dependent on your acceptance of, and compliance with, these Terms.
4. Collection of Personal Health Information
a) Please see Echelon Wellness’s Privacy Policy for a complete description of the kinds of information that Echelon Wellness and its Providers collect about Clients and how that information may be shared.
b) In brief, personal health information is protected by privacy laws in force in Canada. You hereby consent to Echelon Wellness’s collection, by way of Provider’s records made during or following each Appointment, of your personal health information, which may include information about members of your family. You have the right at any time to withhold or revoke your consent, but you acknowledge that if you revoke your consent, then it may become impossible to provide you with treatment.
c) Neither Echelon Wellness nor Provider will complete forms or letters for employers or for court purposes.
5. Circle of Care
a) Applicable Canadian privacy laws and professional codes of ethics and practice allow your Provider to share your personal health information, but only for your benefit and for the purposes of your treatment, within your “circle of care”. Your circle of care consists of yourself and your other health care providers.
b) Unless you direct your Provider in writing not to disclose your personal health information to your other health care providers (including your pharmacist) within your “circle of care,” your Provider and Echelon Wellness are automatically permitted to share your personal health information with them in good faith for your benefit.
d) In most other instances, written, meaningful consent is required for personal health information to be released to a third party.
c) Echelon Wellness, your Provider and your other health care providers (which may include your pharmacist) are all part of your “circle of care.”
6. Expectations and Demonstration of Mutual Respect
The Client shall not use any substance that may alter mood unpredictably or violently prior to an Appointment. The Provider may cancel the Appointment if it is suspected that the Client is under the influence of alcohol or a drug that may affect cognition and comprehension or the ability to provide legally binding consent to treatment or collection or disclosure of personal health information. The Provider has the discretion to cancel the Appointment if Client’s behaviour in the Appointment is inappropriate. The amount payable for the Appointment will still be due and payable and no refund will be available for an Appointment cancelled for such reason.
7. Services
a) For certain Services, Echelon Wellness may provide Online Appointments via online video counselling (videoconferencing) or phone counselling, including for Clients struggling with issues such as anxiety, depression and substance abuse/addiction (including problem gambling) and similar issues. Clients must be a minimum of 16 years of age. In some provinces, Clients may need consent of a parent or guardian. The Services may include ongoing treatment appropriate for the Client as well as referrals to outside sources that may include other health care providers. Services may be adjusted as Client’s needs change.
b) Client agrees as follows:
i) to notify Echelon Wellness of any changes in the Client’s email address, mobile phone number or other account information;
ii) to include in each electronic message, the following:
(1) an appropriate description of the nature of the communication
(2) the Client’s full name; and
(3) all relevant information expressed in a clear manner;
iii) allow “read receipts” to be automatically sent back to Echelon Wellness;
iv) to take precautions to preserve the confidentiality of electronic communications (screensavers and passwords); and
v) to withdraw consent only by email or written communication to Echelon Wellness.
8. Security of Online Communications
a) WHILE ECHELON WELLNESS USES REASONABLE AND MODERN MEANS TO PROTECT COMMUNICATIONS AND DATA, NO DIGITAL COMMUNICATIONS CAN BE SAID TO BE TOTALLY SAFE AND SECURE. Client accepts the risks of communications with the Echelon Wellness Providers using digital means. Those risks include, without limitation, the following:
i) Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.
ii) Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
iii) Internet service providers may inspect and keep electronic communications that pass through their system.
iv) Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks and security settings.
v) Electronic communications can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of Echelon Wellness or the Client.
vi) Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system somewhere.
vii) Electronic communications may be disclosed in accordance with a duty to report or a court order.
viii) If email or text is used as an e-communication tool, the following are additional risks:
(1) Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients;
(2) Email, text messages, and instant messages can be easier to falsify than handwritten or signed, hard copies; and
(3) It is not feasible to verify the true identity of the sender (i.e., “spoofing”), or to ensure that only the recipient can read the message once it has been sent.
ix) While Echelon Wellness has a policy of timely response to the Clients’ electronic communications, no Echelon Wellness Provider can guarantee that all electronic communications will be reviewed and responded to within any specific period of time. The Services therefore cannot be used for medical emergencies or other time-sensitive matters.
x) If the Client’s electronic communication requires or invites a response from the Provider and the Client has not received a response within a reasonable time period, it is the Client’s responsibility to follow up with Echelon Wellness to determine whether the Provider received the electronic communication and when the Provider will respond.
xi) The Client is responsible for following up on the Provider’s electronic communication and for scheduling Appointments where warranted.
xii) The Provider may forward electronic communications to staff and those involved in the delivery and administration of the Client’s care in the “circle of care” referred to in 5 above. The Provider might use one or more electronic services to communicate with those involved in the Client’s care.
xiii) Client’s software, network, computer, digital device or internet service provider may experience problems that make communication difficult, inaccurate or impossible.
9. Availability
The Provider will make every attempt to promptly respond to the needs of the Client during Provider’s office hours, which are flexible. Service hours depend on your Provider’s availability.
10. Registration and Assessment
Prior to Echelon Wellness’s arranging for the provision of the Services, the Client will complete online registration. The online registration information will be made available to the assigned Provider before the first Appointment. By completing the online registration, the Client is agreeing to comply with, and be bound by, these Terms of Service. Further, more comprehensive assessments may be requested from time to time.
11. Appointment
a) The Client will receive a confirmation email or text of each Appointment with the date and time and instructions. It is Client’s responsibility to keep Echelon Wellness informed of any change in email address or SMS number. If Client does not wish to use email, then communication can be effected by telephone.
b) Future Appointments can be cancelled by contacting Echelon Wellness support in accordance with the Echelon Wellness cancellation policy. Echelon Wellness will not be held responsible, or liable for, any cancellation of an Appointment for any reason or for any resulting loss or damages to the Client.
12. Contact Information
The Client shall ensure at all times that Echelon Wellness has current contact information. It is the Client’s responsibility to let the Echelon Wellness Provider know if there is any reason that the Provider should not leave a message when contacting the Client by phone.
The following policies apply to the Services:
13. Termination of Services
a) Termination of the Services will occur when Client expresses a desire to no longer use the Services.
b) Termination or suspension of access to the Services may be immediate, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Client breaches these Terms of Service.
d) Upon termination, the Client’s right to receive the Services will immediately cease. However, the Client will be able to retrieve his or her personal health information for a period of 6 months following termination.
c) The provisions of the Terms of Service that are, by their nature, intended to survive termination of Service shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Copyright and other IP Rights
Echelon Wellness owns all copyrights and other intellectual property rights in the content, organization, methods of data gathering, compilation, digital conversion and other elements of the applications, websites and other telecommunications platforms used in its business. The Client does not acquire ownership rights to any content or document obtained through this site. The Client’s right to receive Services is not transferable. Any password or right given to the Client to obtain access to Services is not transferable.
15. Echelon Wellness Liability
The Client acknowledges that Echelon Wellness provides a platform and means for the delivery of Services by the Providers but is not itself a Provider. Echelon Wellness also acts as an administrator for the booking of Appointments and for billing of fees in respect of Services rendered by the Providers. Echelon Wellness is not licensed to deliver Services and does not deliver Services. Client acknowledges that the Providers render the Services, and not Echelon Wellness.
16. Changes to Terms of Service
Echelon Wellness reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time by posting a notice of change on the application or website. The Client agrees to be bound by the revised Terms of Service. If the Client does not agree to the new Terms of Service, in whole or in part, the Client’s contract for the Services shall be terminated upon Echelon Wellness’s or the Provider’s receipt of Client’s notice of disagreement, and thereafter no further Services shall be provided.
17. Client Acknowledgment and Agreement
The Client acknowledges having read and fully understood these Terms of Service and acknowledges that they are binding.
18. Disclaimer
a) THE INFORMATION, FORMS, AGREEMENTS AND SERVICES FROM OR THROUGH ECHELON WELLNESS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NO WARRANTY IS PROVIDED REGARDING ANY PARTICULAR BENEFITS TO BE RECEIVED BY CLIENT NOR REGARDING THE EFFICACY OF ANY SERVICES.
b) ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
d) THE NEGATION OF DAMAGES SET FORTH IN THIS SECTION 19 IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE ARRANGEMENT BETWEEN ECHELON WELLNESS AND THE PROVIDERS, ON ONE HAND, AND THE CLIENT, ON THE OTHER HAND. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
c) NEITHER ECHELON WELLNESS NOR ANY PROVIDER HAS ANY LIABILITY WHATSOEVER FOR THE CLIENT’S USE OF ANY INFORMATION, FORMS OR DOCUMENTS PROVIDED BY ECHELON WELLNESS OR A PROVIDER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NEITHER ECHELON WELLNESS NOR ANY PROVIDER IS LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.