Terms of Use

Terms of Use

Last Revised: 2020-11-17

1. ACCEPTANCE OF TERMS

PurposeMed Inc. operating as Freddie (“Freddie”, “us”, “we”, “our”) maintains the Freddie website located at www.gofreddie.com (the “Freddie Platform” or the “Platform”). Your access and use of the Freddie Platform is subject to these Terms of Use (“TOU”).  These TOU form an agreement between Freddie and you. The term “you” refers to the person or entity visiting the Freddie Platform, browsing or otherwise using the Freddie Platform, or receiving any Freddie Platform Healthcare Services, as hereinafter defined. A copy of these TOU may be downloaded, saved and printed for your reference.

BY ACCESSING AND USING THE FREDDIE PLATFORM, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TOU. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, PLEASE DO NOT ACCESS OR USE THE FREDDIE PLATFORM.

DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any Content (as defined below).

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2. MODIFICATIONS TO THE TOU

EXCEPT IN QUÉBEC , OR WHERE PROHIBITED BY APPLICABLE LAW[CD1] , FREDDIE RESERVES THE RIGHT TO CHANGE THESE TOU AT ANY TIME WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. YOUR CONTINUED ACCESS TO OR USE OF THE FREDDIE PLATFORM AFTER ANY CHANGES TO THESE TOU INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TOU REGULARLY.

FREDDIE RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES (AS DEFINED HEREIN)) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.

The TOU is current as of the “last revised” date which appears at the top of this page You can find the most recent version of the TOU at: https://www.gofreddie.com/terms

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3. AVAILABILITY AND USE OF FREDDIE PLATFORM

THE FREDDIE PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT OF THE PROVINCE OF ALBERTA, ONTARIO, SASKATCHEWAN, OR QUÉBEC. AS A CONDITION OF YOUR USE OF THE FREDDIE PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TOU; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TOU.

The Freddie Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various services offered by Freddie through the Freddie Platform; (2) if and as permitted by Freddie and these TOU, enable you to use the Freddie Platform and receive any services offered to you through the Freddie Platform including the Healthcare Services (as defined below); (3) if applicable, facilitate any payments from you in respect of your use of the Freddie Platform or the receipt of any services through the Freddie Platform; and (4) if and as permitted by Freddie and these TOU, provide feedback and otherwise communicate with Freddie in connection with any of the foregoing ((1) through (4) collectively, in these Terms of Use defined as “Platform Services”).

Freddie retains the right, at its sole discretion, to deny access to anyone to the Freddie Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these TOU. You will cease and desist from any such access or use immediately upon request by Freddie.

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4. GRANT OF LICENSE

If you are a temporary or permanent resident of the province of Alberta, Ontario, Saskatchewan, or Québec and subject to these TOU, Freddie grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable license to access and use the Freddie Platform for your own use in accordance with these TOU.  Use of the Freddie Platform beyond the scope of the authorized access granted to you by Freddie immediately terminates this license.

Subject to these TOU and the terms of Freddie’s privacy policy, you provide Freddie your consent and, grant to Freddie a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license, to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the Freddie Platform.

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5. SECURE LOG-IN

Although certain parts of the Freddie Platform are accessible to the public, in order to access the Healthcare Services (as set out below) users must be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the Freddie Platform (“Registered Users”). In order to do so, a Registered User must register for and maintain an active personal account (“User Account”). In order to qualify for a User Account, you must be at least the age of majority in your jurisdiction of residence. In some instances mature minors may conduct assessment with physicians. Once granted a User Account, a Registered User is only permitted to request Healthcare Services for themselves. Registered Users may include temporary or permanent residents of the province of Alberta, Ontario, Saskatchewan, or Québec, drug manufacturers and suppliers, healthcare professionals and healthcare decision makers.  If you have been issued log-in credentials by Freddie, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password.

You must not share your password with any other person.  You agree to (a) immediately notify Freddie of any unauthorized use of your password or account or any other breach of the security of the Freddie Platform of which you reasonably suspect or become aware, and (b) ensure that you exit from your account at the end of each session.  Freddie cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify Freddie in respect of any losses suffered by Freddie or claims made against Freddie that are attributable to any loss or damage arising from your failure to comply with this section.

You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Freddie in writing, you may only possess one User Account. You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. You may not collect or harvest personal data of any other user of the Freddie Platform, including user account names or login credentials. Freddie explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.  

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6. SERVICES

Authorized physicians and authorized non-physician providers such as nurse practitioners (collectively, “Authorized Healthcare Professionals”) may provide healthcare services, including telemedicine services (“Healthcare Services”) through the Freddie Platform in accordance with applicable law.

Note that an Authorized Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her Healthcare Services on a case-by-case basis.

You understand that telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location.  Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; (b) interactions between a patient and healthcare provider via audio, video, and/or data communications; and (c) use of output data from medical devices, sound, and video files.

The electronic systems used in the Healthcare Services will incorporate Freddie’s network and there are restrictions on the Healthcare Services that can be provided through the Freddie Platform. YOU MUST NOT USE THE FREDDIE PLATFORM FOR EMERGENCY NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.

By becoming a Registered User, you consent to Authorized Healthcare Professionals providing Healthcare Services that you request through the Freddie Platform, and should you choose to have your prescription fulfilled by one of Freddie’s pharmacy partners, then your prescription can be transferred within the Freddie pharmacy network to any of our licensed pharmacies to route your prescription in the most efficient method available.

YOU AGREE THAT ANY PRESCRIPTION YOU ACQUIRE FROM AN AUTHORIZED HEALTHCARE PROFESSIONAL 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 PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.

You should report any emergency medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.

We offer an online communication platform for Authorized Healthcare Professionals and their patients to connect via the Freddie Platform through the use of synchronous and asynchronous telecommunications technologies. The Freddie Platform facilitates communication between patients and Authorized Healthcare Professionals. Freddie does not provide medical advice or care. Freddie contracts with independent authorized physician providers and authorized non-physician providers such as nurse practitioners, who provide Healthcare Services. The Authorized Healthcare Professionals deliver Healthcare Services via the Freddie platform to their patients. Authorized Healthcare Professionals are independently contracted by Freddie. The Authorized Healthcare Professionals, and not Freddie, are responsible for the quality and appropriateness of the care they render to you.

The Authorized Healthcare Professionals are independent of Freddie and are merely using the Freddie Platform as a way to communicate with you. Any information or advice received from an Authorized Healthcare Professional comes from them alone, and not from Freddie. Your interactions with the Authorized Healthcare Professionals via the Freddie Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Freddie, nor any of its subsidiaries or affiliates or any third party who may promote the Freddie Platform or Freddie’s services or provide a link to the Freddie Platform, shall be liable for any professional advice obtained from an Authorized Healthcare Professionals via the Freddie Platform, nor any information obtained on the Freddie Platform.

You acknowledge that your reliance on any Authorized Healthcare Professionals or information delivered by the Authorized Healthcare Professionals via the Freddie Platform is solely at your own risk and you assume full responsibility for all risks associated herewith. Freddie does not make any representations or warranties about the training or skill of any Authorized Healthcare Professionals who deliver services via the Site or Service. You will be connected with available Authorized Healthcare Professionals based solely on the information you submit to the Site.

The Content, including, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Freddie. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Freddie, or in connection with any communications supported by Freddie, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship (as defined by provincial or federal law) between Freddie and you. While Freddie facilitates your communications with, Authorized Healthcare Professionals, Freddie does not provide medical services, and the doctor-patient relationship is between you and the Authorized Healthcare Professionals.

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7. DEALINGS WITH OTHER REGISTERED USERS

If there is a dispute between Registered Users, or between Registered Users and any third party, you understand and agree that Freddie is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release Freddie and its representatives (and their respective officers, employees, agents and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Freddie Platform.

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8. PRIVACY AND INFORMATION DISCLOSURE

Please review our current Privacy Policy at the top of this page, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these TOU

Your use of the Freddie Platform signifies acknowledgement of an agreement to our Privacy Policy and your consent to the collections, uses and disclosures of your personal information for ‎the ‎purposes described in our Privacy Policy‎.

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9. CONDUCT

You agree that a Registered User is not permitted to have more than one Registered User profile on the Freddie Platform. You further agree that you will not, in connection with you as a Registered User, do anything in connection with the Freddie Platform that:

1. is unlawful;
2. is harmful, threatening, abusive, harassing, defamatory, pornographic, profane or otherwise inappropriate;
3. includes personal or identifying information about another person without that person’s explicit consent;
4. impersonates any person or entity, including, but not limited to, a Freddie employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
5. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
6. 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.

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10. LIMITATIONS ON SERVICE

You agree that Freddie has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the Freddie Platform.  You acknowledge Freddie reserves the right at any time to modify or discontinue the Freddie Platform (or any part thereof) with or without notice, and that Freddie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Freddie Platform.

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11. TERM AND TERMINATION OF SERVICE

These TOU will commence on the day you first use the Freddie Platform and will continue in force until terminated by either party as described below (the “Term”). Either party may terminate these TOU as follows: (1) Freddie may terminate these TOU at any time and with immediate effect, or as soon as permitted by the applicable law in your jurisdiction, by giving notice to you, at Freddie’s discretion, by email (at your current email address on file with Freddie) or through the Freddie Platform; (2) you may terminate these TOU at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Freddie Platform) that your User Account be deleted or deactivated and ceasing use of the Freddie Platform.

Further, you agree that Freddie shall not be liable to you or any third party for any termination of your access to the Freddie Platform. Further, you agree not to attempt to use the Freddie Platform after said termination. The TOU’s disclaimers, limitations on liability and indemnity clauses shall survive termination of the TOU, as shall any other provision which by its nature ought to survive termination.

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12. OWNERSHIP AND PROPRIETARY RIGHTS

All Content, including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Freddie Platform, are owned or licensed by Freddie and are protected by copyright, trademark and other intellectual property laws.

Freddie expressly reserves all rights in the Freddie Platform, and all materials provided by Freddie in connection with these TOU, that are not specifically granted to you. You acknowledge that all right, title and interest in the Freddie Platform, all materials provided by Freddie in connection with these TOU (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with Freddie (or third party suppliers, if applicable), and that the Freddie Platform, and all materials provided by Freddie hereunder are licensed and not “sold” to you.

OTHER THAN FOR YOUR PERSONAL CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY WHETHER BY PRINTING OR SAVING TO A DESKTOP, CONTENT FROM THE FREDDIE PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF FREDDIE, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE FREDDIE PLATFORM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Freddie Platform.  

Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Freddie Platform.

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13. NO UNLAWFUL OR PROHIBITED USE

You will not, without Freddie’s prior written permission, use the Freddie Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) 'frame', 'mirror' or otherwise incorporate the Freddie Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Freddie Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Freddie Platform or bypass or circumvent other measures employed to prevent or limit access to the Freddie Platform; (4) take any action that imposes, or may impose, in Freddie’s discretion, an unreasonable or disproportionately large load on the Freddie Platform; (5) deep-link to any portion of the Freddie Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Freddie Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Freddie Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Freddie Platform or the Content; (8) use the Freddie Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Freddie and only in the exact manner specified and enabled by Freddie; (9) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Freddie Platform or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Freddie Platform or the Content; (11) create derivative works based on the Freddie Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Freddie Platform or the Content; (12) use the Freddie Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the Freddie Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Freddie in its sole discretion.

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14. THIRD PARTY WEBSITES

The Freddie Platform may provide links to third-party websites. Freddie does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Freddie's control, and if you choose to access any such website, you do so entirely at your own risk. ‎Please review carefully the third-party's policies and practices (including in relation to privacy and personal information) and make sure you ‎understand them before you use those sites or engage in any transaction‎ through them.

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15. VIRUSES

The downloading and viewing of Content is done at your own risk. Freddie cannot and does not guarantee or warrant that the Freddie Platform or the Content are compatible with your computer system or that the Freddie Platform or the Content, or any links from the Freddie Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Freddie Platform.

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16. COMMUNICATIONS

Freddie does not guarantee the confidentiality of any communications made by you through the Freddie Platform. Although Freddie generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Freddie Platform, you understand, agree and acknowledge that Freddie cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Freddie Platform.

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17. DISCLAIMER AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE FREDDIE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE FREDDIE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. FREDDIE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FREDDIE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, PRICING ERRORS. FREDDIE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FREDDIE PLATFORM OR THE CONTENT. IN ADDITION, FREDDIE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FREDDIE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT IN QUÉBEC, FREDDIE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FREDDIE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE FREDDIE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FREDDIE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FREDDIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT.

You acknowledge and agree that Freddie does not provide medical advice, diagnosis, or treatment, and that the Platform is strictly a technology platform and infrastructure for connecting patients with independent third-party Authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in Freddie’s network. You acknowledge and agree that the Authorized Healthcare Practitioners using the Freddie Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment and medication decisions, and other professional healthcare services performed, and that all diagnoses, treatments, prescriptions and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FREDDIE IN CONNECTION WITH OR UNDER THESE TOU OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU FOR A ONE YEAR SUBSCRIPTION. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TOU WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

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18. INDEMNITY

You will defend, indemnify and hold harmless Freddie and all of its officers, directors, employees, agents, sponsors, and licensors from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

1. your breach of any of your warranties, representations or obligations under these TOU
2. your misrepresentation or inclusion of false information when registering as a user of the Freddie Platform;
3. your violation of any applicable law or the rights of a third party (including intellectual property rights);
4. any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on the Platform or any Content; or
5. your use of the Freddie Platform or the Content.

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19. GEOGRAPHIC APPLICATION OF THE FREDDIE PLATFORM

The product and services described on the Freddie Platform are only available in the jurisdictions of Alberta, Ontario, Saskatchewan, and Québec. Furthermore, nothing on the Freddie Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Freddie Platform, or the Healthcare Services available through the Freddie Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.

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20. DISCLOSURES

All Authorized Healthcare Practitioners on the Freddie Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice.

You can report a complaint relating to Healthcare Services provided by an Authorized Healthcare Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.

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21. GOVERNING LAW AND JURISDICTION

Except in Québec, and unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and Freddie (as well as its agents, delegates, employees, and any Authorized Healthcare Professionals), including any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province of Alberta, (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Alberta, shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and Freddie.

These laws apply to your access to or use of the Freddie Platform or the Content, notwithstanding your domicile, residency or physical location. The Freddie Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. These TOU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded. Except in Québec and where prohibited by applicable law, you agree that you will only sue us as an individual. Except in Québec and where prohibited by applicable law, you agree that you will not file a class action, or participate in a class action.

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22. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY

These TOU constitute the entire agreement between Freddie and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Freddie with respect to the Freddie Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word 'including' or 'includes' means 'including (or includes) without limitation'.

Freddie 's failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

[CD1]Pursuant to the Quebec Consumer Protection Act, a stipulation allowing for unilateral modification is prohibited, unless the stipulation also

1) specifies the elements of the agreement that may be unilaterally modified;

2) provides that a 30-day written notice, drawn up clearly and legibly, setting out exclusively the new clause or the amended clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, will be sent; and 

3) that the user may refuse the amendment and rescind without cost or penalty or cancellation indemnity by sending a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the user’s obligations or a reduction in Freddie’s obligations.

Alternatively, changes would be effected by  termination of the TOU (60-day notice in QC) and new terms accepted thereafter.