Preamble

It is important that you read the following terms and conditions carefully. These Terms and Conditions for the Precision North ADHD Clinic Inc. Assessment Services Agreement (hereinafter the “Agreement” or “Terms”) constitute a legal agreement between you (the “Client”, “you”, “your”) and Precision North ADHD Clinic Inc., including its physicians, employees, agents, and other staff (the “Provider”).

The Agreement establishes the terms and conditions which shall govern the Provider’s provision of an Attention Deficit Hyperactivity Disorder (“ADHD”) assessment for the Client, as may be necessary (the “Assessment”). By agreeing to engage in the Assessment, the Client hereby agrees to be bound by these Terms. If the Client does not accept these Terms, the Provider shall not proceed with the Assessment, and the legal relationship between the Provider and the Client shall be terminated forthwith.

1. Services Provided

The Assessment may include, but is not limited to:

1. Clinical interviews.
2. Behavioural questionnaires.
3. Standardized psychological testing.
4. Review of medical, educational, and psychosocial history.
5. Diagnostic formulation based on DSM-5 or applicable diagnostic criteria.

The Assessment is diagnostic in nature and is not a treatment program. There is no guarantee of a diagnosis of ADHD by undergoing and paying for the Assessment. Services provided in the Assessment are subject to change at any time at the Provider’s sole discretion.

2. Eligibility

The Client must be a person who can form legally binding contracts under applicable law and who is:

1. at least the age of majority in their province of residence in which the Assessment is being virtually administered to them, either 18 or 19 years of age, as the case may be, and able to provide valid, government issued identification as proof of age; and
2. able to affirm that they possess the legal capacity to provide informed consent and provide said informed consent prior to the commencement of the Assessment.

By accessing or using the Assessment, the Client confirms that they meet the eligibility requirements outlined herein. The Provider reserves the right to verify the Client’s eligibility and consent requirements at any time. If an ineligible Client has provided any personal information, the Provider shall take actions to deactivate or terminate the account along with the deletion of any related Client data, subject to applicable laws.

3. Fees and Payment

1. The total cost of any Assessment shall be payable prior to the commencement of the Assessment.
2. The Client shall make payments via Clover, an online point-of-sale system.
3. Missed appointments or cancellations with less than 24 hours’ notice shall result in forfeiture of any payments made therefor.
4. The Provider shall not provide any refunds after the Client has booked an appointment.
5. Following the booking of an appointment, the Client shall be entitled to one free rescheduling of said appointment. For each instance of rescheduling of an appointment following the use of the one free rescheduling, the Provider shall charge the Client a rescheduling fee of CAD $50.00.
6. For any refund inquiries, please contact the Provider at info@precisionnorthadhd.ca.

4. Confidentiality and Privacy

1. The Provider may collect personally identifiable, personal, or personal health information during the Assessment. All personal, personally identifiable, and personal health information and data collected, used, or disclosed while providing the Assessment is governed by a privacy policy located in the OSCAR Pro EMR (https://oscarpro.ca/privacy-policy/), which privacy policy is incorporated into and forms part of the privacy policy of the Provider (the “Privacy Policy”). By engaging the services of the Provider, the Client agrees to the Provider’s use, collection and disclosure of personal, personal health or personally identifiable information and data in accordance with the Privacy Policy.
2. All personal information collected under this Agreement shall be handled in accordance with the Federal Personal Information Protection and Electronic Documents Act (PIPEDA) and all applicable Provincial privacy laws including, but not limited to, the Personal Information Protection Acts in Alberta and British Columbia, the Health Information Act in Alberta, the E-Health (Personal Health Information Access and Protection of Privacy) Act in British Columbia, and the Personal Health Information Protection Act, 2004 in Ontario. Information disclosed by the Client shall be kept confidential and used solely for the purpose of conducting the Assessment and delivering related services to which the Client shall consent to prior to the delivery of said services.
3. Client information shall only be accessed by the Provider, and shall not be disclosed to third parties without the Client’s informed and written consent, unless required or permitted by law (such as situations involving risk of serious harm or legal obligations including but not limited to a court order).
4. By participating in the Assessment, the Client consents to the collection, use, and storage of their personal information as outlined above. The Client may access their personal information, request corrections, and inquire about how their data is being handled in accordance with their rights under PIPEDA, or the applicable Provincial privacy legislation, as the case may be.

5. Diagnostic Outcomes

The Client acknowledges and agrees that the result of the Assessment may be a diagnosis of ADHD, based on the professional judgment and diagnostic criteria of the Provider. The Provider makes no guarantee of any particular outcome of any Assessment, and shall base their findings solely on the information provided by the Client prior to and during the course of the Assessment. The Client further acknowledges and agrees that the outcome of an ADHD diagnosis may affect the Client’s educational, occupational, or legal standing, including but not limited to the Client’s ability to become a pilot or police officer.

6. Limitation of Liability

The Client shall not be hold the Provider liable for any direct or indirect consequences arising out of or in any way relating to the Client’s use of any diagnostic report related to the Assessment, regardless of the accuracy of the Assessment’s findings, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of any Assessment, or allegations that the Provider has or should have indemnified, defended or held harmless the Client or any third party from any claim or allegation arising from the Client’s use or other reliance on the Assessment. The Client engages in the Assessment at their own sole risk. Diagnostic services are provided in accordance with recognized clinical standards, but not constitute legal, educational, or medical advice beyond the Assessment. The Provider recommends that the Client consult with their physician or other qualified healthcare provider before embarking on any medical treatments as a result of the findings of the Assessment.

7. No Damages

Without limiting any of the foregoing, the Client agrees that, to the fullest extent permitted by law, in no event shall the Provider be liable, howsoever caused, for any direct, special, indirect, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of life, loss of emotional well-being, loss of reputation, or loss incurred by any third-party, whether in an action in contract, tort, or otherwise, arising out of or in any way connected with the findings of any Assessment (including, without limitation, the purchase, provision or receipt of any services or products from a medical professional offered, provided, sold or purchased) or the Content (as defined in Section 9), further including without limitation any damages caused by or resulting from the Client’s reliance on the Assessment or other information obtained from the Provider, accessible following the Assessment, or as a result of any mistakes, errors, omissions, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the Provider’s records, programs or services, whether or not the Provider has been wanted of the possibility of such damages, and whether those damages were foreseeable, or caused by any negligence, misconduct, or other action or inaction, directly or indirectly, by the Client or any third party.

8. Indemnification

The Client shall defend, indemnify and hold harmless the Provider from any and all claims, suits, losses, demands, injuries, damages, liabilities, costs (including reasonable legal fees), taxes, expenses, settlements, judgments, obligations, risks, and proceedings of every kind and nature (each a “Claim”, and collectively the “Claims”), known and unknown, which may arise from or are in any way connected with, inter alia, (a) the Client’s violation of these Terms; (b) the Client’s violation of any third-party rights, if applicable; (c) any breach of a representation or warranty made by the Client to the Provider, either in the Terms or otherwise; (d) the Client’s use of, access to, or activities in connection with the Assessment; (e) any negligent, fraudulent, reckless, or intentionally wrongful act; or (f) any failure to use the findings of the Assessment in accordance with all applicable laws, rules, and regulations. The Client shall cooperate as fully as is reasonably required in the defence of any Claims. The Provider reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Client, provided, however, that the Client shall remain liable for any such Claim or Claims and for the costs of such defence.

The Provider reserves the right to monitor and manage disputes between the Client and any other individual or entity involved with or related to the findings of the Assessment, if applicable. If the Client has a dispute with a healthcare professional, the Client releases and hereby agrees to indemnify, defend, and hold harmless the Provider from any and all Claims of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

9. License to Use the Service, License Restrictions and Restricted Activities

1. Content. The content of the Assessment, whether made available to the Client or provided by the Client, including, without limitation, all information, data, sound files, audio recordings, other files, and the selection and arrangement of such content, is collectively referred to as “Content” for the purposes of these Terms.

2. License. The Provider hereby grants to the Client a revocable, non-exclusive, non-sublicensable license to use and access the Assessment, and to view the Content available through the Assessment (the “License”).

3. License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, the Assessment, the Content, and the License are subject to the following restrictions, terms, and conditions:

1. The Assessment is for the Client’s use only. The Client shall not resell, lease, or provide the Assessment in any other way to anyone else, except as permitted through the Assessment.
2. The Client shall not make or distribute copies of the Assessment.
3. The Client shall not alter, merge, or translate the Assessment, or decompile, reverse engineer, disassemble, or otherwise reduce the Assessment to a human-perceivable form.
4. The Client shall not modify, reproduce, or create derivative works based on the Assessment or the Content.
5. The Client shall not use the Assessment for any application deployment or ultimate production purpose.
6. The Client shall not use the Assessment to develop any application, software, offering, or service having the same or a similar function as the Assessment.
7. The Client shall not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Assessment.
8. The Client shall not otherwise use the Assessment or the Content other than for its intended purpose.
9. Except as expressly permitted above, any use of any portion of the Assessment without the prior written permission of the Provider is strictly prohibited and shall terminate the License forthwith. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
10. The Client’s use of the Assessment and the Content shall not infringe or violate the rights of any other party, breach any contract or legal duty to any other party, or violate any applicable law (including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary rights).
11. The Client shall not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, hateful, or illegal.
12. The Client shall not index, scrape, ‘data mine’, survey, or in any way reproduce or circumvent the navigational structure or presentation of the Assessment, or link directly or indirectly to any other websites, applications, or services.

10. Disclaimer

ANY ADVICE, TREATMENT, DIAGNOSIS, OPINION, PRESCRIPTION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION PROVIDED BY THE PROVIDER ARE HEREBY PROVIDED TO YOU ON AN ‘AS IS’ BASIS, WITHOUT WARRANTIES FROM THE PROVIDER OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE ASSESSMENT OR ITS FINDINGS ARE ACCURATE, COMPLETE, RELIABLE, SECURE, OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICE OR THE CONTENT OF ANY PORTION THEREOF. IN THE EVENT OF ANY EMERGENCY WHICH MAY REQUIRE IMMEDIATE MEDICAL ASSISTANCE, DO NOT CONTACT THE PROVIDER, AND INSTEAD CONTACT YOUR PRIMACY CARE PROVIDER OR GO DIRECTLY TO THE NEAREST EMERGENCY DEPARTMENT OR URGENT CARE CLINIC.

11. Right to Withdraw

The Client may withdraw consent and terminate the Assessment process at any time. However, fees incurred up to the point of termination shall remain payable, and any information disclosed in the course of the provision of the Assessment shall be handled in accordance with this Agreement and the Provider’s Privacy Policy.

12. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Client hereby acknowledges and agrees to submit to the jurisdiction and the courts of the Province of British Columbia with respect to any dispute relating to this Agreement, any Assessment, or the relationship between the Client and the Provider.

13. Amendment

The Provider reserves the right to amend these Terms at any time without notice to the Client, such amendments becoming binding on the Client 30 days after such amendments are introduced.

14. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions hereof. Where a provision in the Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute. Any failure by the Provider to enforce any right or provision of the Terms shall not be deemed a waiver of such right or provision. Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian dollars. These Terms shall enure to the benefit of, and are binding upon, the parties and their respective successors and permitted assigns. The Provider may assign any or all of its rights hereunder to any party without the Client’s consent. Violation of the Terms may cause the Provider irreparable harm and, therefore, the Client agrees that Provider shall be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Provider may have for a breach of the Terms. These Terms constitute the entire agreement between the Client and the Provider, and supersede all prior or contemporaneous communications whether electronic, oral, or written between the Client and the Provider regarding the Assessment, save and except the Telemedicine Policy and the Privacy Policy. The Client and the Provider confirm that it is their mutual intention that these Terms, as well as any other documents relating to the Terms, including notices, have been and shall be drafted in the English language only.

15. Consent to Assessment

By proceeding with the Assessment, the Client acknowledges and agrees to be bound by the terms of this Agreement, and further that:

1. They understand the nature, purpose, and limits of the Assessment.
2. They understand the potential implications of a diagnosis.
3. They consent to participate in the Assessment voluntarily.
4. They agree to be bound by any additional policies as may be provided by the Provider from time to time.
5. They agree to make the Provider aware of any concerns or questions had regarding the questionnaire prefilled before the appointment.

We are committed to transparently describing our privacy practices, including how we collect, use, protect, and disclose your personal information, personally identifiable information, and personal health information (collectively referred to together in this Privacy Policy as “Information”) as part of utilizing the Provider website (the “Site”), such utilization which includes but is not limited to offering you the opportunity to book an appointment and communicate with our authorized healthcare practitioners (“Healthcare Providers”), receiving reports, results, and prescriptions, reviewing and purchasing reports, and receiving healthcare services and informational services (all such functions of the Site referred to as the “Services”).

Our Services collect Information about you to support the Healthcare Provider’s decision making and professional analysis in the provision of the Assessment.

We encourage you to read and understand our Terms of Service (the “Terms”), our Telemedicine Policy, and this Privacy Policy before agreeing to any Assessment. By accepting the Terms, the Telemedicine Policy, and the Privacy Policy, and by agreeing to engage in the Assessment, you expressly consent to our collection, use, and disclosure of your Information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms.

All capitalized terms or terms that were otherwise defined in the Terms that are not otherwise defined herein obtain their meaning from the Terms, including, without limitation, the definition of “you” and “your” used in the Terms.

1. What Information do we Collect?

1. General. Our primary purpose of collecting Information from you voluntarily is to provide you with a comprehensive and accurate Assessment. We shall only ask for and collect Information that we consider necessary for achieving this purpose.
2. Information You Provide.
   1. When completing the necessary information for the Assessment, you must provide Information as requested on the Site. At that time, you shall no longer be anonymous to us. Where possible, we indicate which information fields are required and which fields are optional. In addition, you may be required or requested, from time to time, to provide further Information, while, without limitation, requesting a consultation or appointment with a Healthcare Provider, during a consultation, appointment or other interaction or communication with a Healthcare Provider and while reviewing and purchasing the reports, results, and prescriptions, and other information provided by your Healthcare Provider. For greater certainty, once you book the Assessment, you may be required to connect with the Healthcare Provider through real-time audio or video to receive findings that include but are not limited to receiving diagnoses, advice, and verification of your identity.
   2. The Information you may be required or requested to provide shall include, without limitation, your name, billing address, delivery address, phone number, e-mail address, date of birth, gender, personal and family medical history information, details of your existing medications, the name of your primary healthcare provider and their contact information, and any private health benefits number(s) or account details.
   3. You acknowledge and agree that your Healthcare Provider may use telemedicine technologies to manually record audio correspondences during any appointments or consultations. The purpose of these audio recordings is to enhance the accuracy and quality of the Assessment, and the Provider shall use these technologies only for the purposes of the Assessment. Access to any such audio files shall be restricted to the Provider and our authorized personnel in accordance with the Telemedicine Policy.
   4. You acknowledge and agree that you have the right and authority to provide, or have obtained all necessary consents and approvals to provide, any Information, including any Information of another individual or entity, that is provided by you or such other individual or entity to the Healthcare Provider, or otherwise to or through the Assessment.
   5. As part of the Information we require, we may ask for your personal health information, and may produce or require the disclosure of your personal health information (including, without limitation, personal and family medical history information, details of your existing medications, the name of your primary healthcare provider and his or her contact information, and any private health benefits number(s) or account information). If you provide us with any personal health information, it shall be kept strictly confidential and collected, retained, and disclosed in compliance with all applicable privacy laws in the Province of British Columbia, including such laws of Canada applicable therein.
   6. You have the option to not provide any Information by choosing not to engage with the Assessment. Your decision to withhold certain Information may limit the findings of the Assessment we are able to provide, and make it more difficult for us to advise you. If we are unable to provide a complete Assessment based on the Information that you have provided, we may ask for additional Information so that we may better accommodate your needs.
3. Payment Method. If and when you add a credit card, payment method, or banking information to facilitate a payment, such information and your Information may be shared with our third-party payment processor(s) only to the extent necessary to resolve or settle any disputes or claims. We do not store credit cards, other payment, or banking information on our servers.

2. How Do We Use Your Information?

a. General. We use your Information to:

1. communicate with you;
2. facilitate transactions and payments;
3. troubleshoot problems;
4. improve our Assessment and product offerings;
5. detect and protect us against error, fraud, and other criminal activity;
6. enforce the Terms, the Telemedicine Policy, and this Privacy Policy;
7. provide you with system or administrative messages;
8. model possible treatment analysis and options that may be reviewed and analyzed by the Healthcare Providers; and
9. act as may otherwise be described to you at the time of collection.

3. Our Disclosure of Information and Data

1. General Disclosure. Except as otherwise provided in the Terms, we may share your Information with third-parties only in the ways that are described in this Privacy Policy, and in accordance with your consent. We shall not share, sell, or rent your Information to third-parties without your explicit consent.
2. Disclosure to Family Physicians, Pharmacies, and Other Referrals. Upon agreeing to the Terms of the Assessment and any requests for referrals, we may disclose and transfer your Information to the address of such family physician as mentioned in the form, to the listed therapist on our Site, or to other Healthcare Providers, specialists, pharmacists, pharmacies, and laboratories.
3. Anonymized Aggregated Data. We may aggregate and anonymize Information (such aggregated and anonymized Information hereinafter referred to as “Anonymized Data”) and use and disclose said Anonymized Data for a variety of purposes, including analytics, at our sole discretion. However, in these situations, we do not disclose any Information.
4. Laws and Jurisdictions. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose Information if we believe that it is reasonably necessary to comply with a law, regulation, or legal request, to protect the safety of any person, to address fraud, security, or technical issues, or to protect our or any other person’s or entity’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defences or objections that you may have to a third party’s, including a government’s, request to disclose your Information.
5. Sale of Business. We may disclose Information to any acquiror or its agents in the course of the sale of all of any part of Precision North ADHD Clinic Inc. as necessary, in accordance with applicable laws. Any such disclosure shall be subject to confidentiality arrangements customary in such transactions.
6. Storing and Processing Information. In some cases, Information that we collect may be stored or processed outside of Canada. When that occurs, we continue to protect the Information with appropriate safeguards and data export requirements. However, such information may be subject to the legal jurisdiction of the countries and governmental authorities in those countries. Information stored or processed by the Third Parties (defined below) may also be outside of Canada and subject to the legal jurisdiction of the countries and governmental authorities in those countries.
7. Subsidiaries, Affiliates and Service Providers. We may use the services of affiliates, subsidiaries, or unrelated third-party service providers (collectively, “Third Parties”) in connection with our provision of the Services, including, without limitation, for the processing of payments and off-premises data hosting. We may disclose your Information to the Third Parties in the course of our use of their services. We take care to use Third Parties that we believe are reputable and capable of performing the services we require of them, including, without limitation, the handling of confidential information, and compliance with all applicable laws.

4. Information Retention

1. General Retention Policy. We keep Information for as long as it is required for the purposes for which it was collected, which is determined in our sole discretion, in accordance with any applicable laws. Notwithstanding the foregoing, we may periodically de-identify (a) particular data from collected Information; and (b) unnecessary Information collected elsewhere through the Assessment.
2. Requesting the Deletion of Information. You may ask us to remove or restrict our processing of your Information in certain circumstances (e.g. if you believe that your Information is no longer necessary for the purposes for which it was collected or processed, or you withdraw your consent regarding our use, retention, or processing of your Information). Notwithstanding the foregoing, despite any such request and subject to all applicable laws and this Privacy Policy, we may still retain your Information, only as long as necessary, to collect any fees owed (if and as applicable), resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce the Terms, or to take other actions as required or permitted by law.
3. Withdrawing Consent. Where we have asked for your consent to use, retain, or process your Information, you may withdraw such consent at any time. We shall endeavour to accommodate any such request, subject to applicable laws, the Terms, and this Privacy Policy.

5. Security

We strive to protect your Information by putting in place a range of technical and organizational measures to safeguard and secure the Information we receive from you, including without limitation, security technologies, encryption, passwords and physical security measures, and managerial procedures. Information provided to us is stored on our secure servers or on secure servers used by Third Parties. Any payment transactions effected by us shall be encrypted using industry standard technology. We are continuously utilizing security measures to protect your Information from unauthorized access, and against loss, misuse, or alteration. Despite our efforts, we cannot guarantee the security of any Information. Unauthorized entry or use, hardware or service failure, and other factors may compromise the security of Information at any time. We reserve the right, without any limitation, to investigate any suspected breaches of our security or information technology, or other systems or networks.

6. Age Restrictions and Privacy

Our Assessments are for use only by persons who are able to form legally binding contracts under applicable law, and who are:

1. at least the age of majority in their province of residence in which the Assessment is being virtually administered to them, either 18 or 19 years of age, as the case may be, and able to provide valid, government issued identification as proof of age; and
2. able to affirm that they possess the legal capacity to provide informed consent and provide said informed consent prior to the commencement of the Assessment.

The Provider does not knowingly collect Information from persons under 18 years of age or the applicable age of majority in the Client’s province of residence, as the case may be.

7. Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of Information we collect from you. To the extent that you disclose Information to other parties (including, without limitation, to laboratories or Healthcare Providers), different rules may apply to their use, collection, and disclosure of Information. Except as provided herein, since we do not control the Information use, collection, or disclosure policies of any third-parties, you are subject to their privacy policies, as applicable. We encourage you to ask questions before you disclose Information to others.

8. Changes to Privacy Policy

The Provider may amend this Privacy Policy from time to time at its sole discretion. The use of the Information we collect is subject to the Privacy Policy, the Telemedicine Policy, and the Terms in effect at the time the Information is used. If we make any material changes in the way we use Information you provide to us, we shall notify you by sending you an email at the address registered on our files, or by otherwise notifying you pursuant to the notice or modification provisions in the Terms. You are bound by any changes to the Privacy Policy and the Terms when you access, use, or purchase any services of the Provider after such changes have been first posted, subject to the Terms.