TERMS & CONDITIONS OF SERVICE
Welcome to the Vityl Medical Inc (Vityl) subscription service. This document outlines the terms and conditions that apply to the service we provide you. You agree to these terms by using our service, so please read them carefully.
OVERVIEW OF SERVICE
Your service charges will involve an upfront fee and weekly, monthly or annual subscription fee, this allows you to spread the costs of our services over time. The fee charged to you by Vityl covers a range of goods and services provided by us to you. As a multidisciplinary team, our service charge may include your clinically indicated use of the following professionals and their associated goods and services, including online resources:
1. Nurses and Nurse Practitioners;
5. Life and health coaches;
We also work with Doctors including specialists who supervise and train the team associated with your care. Your service fee does not include any consultations with the Doctors or Specialists unless such consultation is not medically necessary. In the event that we refer you to a Doctor or Specialists for a consult, you agree that they are providing you a single incident consultation. If the consult is medically necessary, it will be covered by OHIP (and if it is not medically necessary, we will not charge you for the consult) and in either event, you are that the Doctors and Specialists we refer you to are not and do not become your primary care physician.
The services you get from us are decided by your treatment team at Vityl and you are not guaranteed to get anyone of these services. A failure to use or obtain any one of the services or goods does not reduce the price of your service fee with us. The services are only provided to treat to initial complaint or symptom that is part of your package and do not cover services for other conditions, symptoms, diseases or complaints. We may refer you back to your primary care physician to attend to these other conditions if we become aware of them during your treatment.
OHIP AND INSURANCE
While some of your Doctor and Specialists services may be covered by OHIP, our services are not you may entitled to a rebate from your employee benefits scheme, however we make no warranty or representation that you will be covered and you are liable for our charges whether or not our services are covered.
Our services are not for use in emergency or urgent situations. If you are suffering from an urgent, acute or time sensitive issues, make your own best judgment to call 911 or attend your nearest emergency room.
We understand that you can’t always make every appointment and sometimes you just forget to attend. Unfortunately this uses up our clinics time that could be used by other patients. We do not charge you for your first missed appointment but if you have missed or not attended a second appointment within the last 60 days, we charge a $50 cancellation fee for each subsequent no show or missed appointment.
To cancel your service with Vityl, you need contact our office and provide at least one week's notice. Any amounts paid in advance will not be refunded but your service will continue until the end of the paid in advance period.
We strongly recommend obtaining replacement care for any condition or symptom you have if you leave our service. We will be happy to pass on any medical files we have to your new providers.
LEGAL DISCLAIMERS AND LIMITATION OF LIABILITY
To the extent permitted by applicable law, the services are provided on an “as is” basis and “as available” basis without any warranties or conditions of any kind, either express or implied. Vityl disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall Vityl be liable for any direct, indirect, incidental, special, or consequential damages that result from or in connection with the use of, or the inability to use or access, the services, even if Vityl has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold harmless Vityl, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) your use of the Services and/or (b) your breach of these Terms.
You may not assign these Terms to any third party without our prior written consent. We may assign these Terms or any rights under these Terms to any third party without your consent. Any assignment in violation of this Section will be void. The terms and conditions of these Terms will be binding upon permitted assignees. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
These Terms, along with the Privacy Policies, any other legal notices or statements posted on our website or to you, constitute the entire agreement between Vityl and you and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing between Vityl and you.
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Peel, Province of Ontario.
If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICES AND CONTACT
If you need to contact us or serve any notices you may be do so using the below contact details:
Vityl Medical Inc
8707 Dufferin St.
Unit #26 Thornhill, ON