Farsk Health reserves the right to amend the Terms at any time to account for changes in applicable law and regulations, our services, our practices, and/or the Farsk Platform. Please check to see if we have amended these Terms since you last used the Farsk Platform. We may but are not obligated to post notice of amendments. By using the Farsk Platform or participating in any Farsk Programs after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms.
Farsk Corporation (“Farsk”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Farsk Platform”). Farsk Health Prescription enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through Farsk Health Prescription are referred to in these Terms collectively as “Healthcare Services”). Farsk Health Prescription also enables Users to store certain personal and personal health information (collectively “PHI”), share their PHI with Authorized Providers, electronically receive and store prescriptions, sick notes and other documents. In addition, Farsk provides optional services at a User’s direction. Those services include Farsk securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice, securely faxing prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready for pick-up, opening an account for Users with a prescription delivery service, and where available, securely transmitting User information to a prescription delivery service. Farsk may make additional optional services available to Users from time to time.
In order to open an account to use Farsk Health Prescription (“Farsk User Account”), you must:
be at least 18 years of age, be associated with and meet the age and other eligibility requirements established by an institutional client of Farsk (see Section O(3), “Third Party Payment/Coverage”) and be registered by that client (for example, international students in Canada whose User fees are paid by an insurance provider registered with Farsk); be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements”); and register with Farsk.
Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use Farsk Health Prescription on their behalf. Users are required to create a separate “profile” for each Registered Dependent, which includes his or her name and other personal information. Where you are using Farsk Health Prescription on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires Farsk to accept any registrant as a User, notwithstanding that the registrant meets Farsk’s eligibility requirements as amended from time to time. Supplementary Terms specific to certain users may also apply. Supplementary Terms are incorporated into and become part of these Terms.
These Terms govern Users access to and use of Farsk Health Prescription. On acceptance by a User, these Terms constitute a binding agreement between Farsk and the User. These Terms also govern a User’s participation in Farsk’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively "Farsk Programs"). By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing Farsk Health Prescription and participating in any Farsk Programs.
You represent and warrant (promise) to Farsk and acknowledge that Farsk is relying on your representations and warranties that: you and your Registered Dependents meet the Residency Requirements and will continue to do so at the point in time that you request and that Healthcare Services are provided; you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and you will use Farsk Health Prescription solely for your personal and non-commercial use.
Authorized Providers, Relationship with User. Only regulated health professionals may provide Healthcare Services. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. Authorized Physicians are physicians registered to practice medicine in at least one province or territory of Canada. Authorized Non-Physician Providers are regulated health professionals other than physicians (such as psychotherapists or nurses) registered to practice their profession in a province or territory of Canada. Telehealth licensing requirements. Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. In some cases, the information is available on our website. If you would like more information, please consult the regulator (generally referred to as the “College” of a regulated health profession, for example the “College of Physicians and Surgeons”) of which the Authorized Provider is a member. Most if not all health profession regulators in Canada maintain a register of their members accessible through their website. Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Farsk does not provide your primary care provider with a report of the Healthcare Services that you receive. We strongly recommend that you at least notify your primary care provider that you received, and the reason for which you received Healthcare Services so that your primary care provider can take them into account, including any medications prescribed for you. Your primary care provider may ask you to describe what the Authorized Provider found. To assist you in providing that information, Farsk Health Prescription enables you to send a summary of your Healthcare Services to the healthcare provider of your choice.
As a term and condition of using Farsk Health Prescription, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING. You are prohibited from and will not: remove or alter any copyright, trademark, brand elements or other proprietary notices; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Farsk Health Prescription except as expressly permitted by Farsk; decompile, reverse engineer or disassemble Farsk Health Prescription; link to, mirror or frame any portion of Farsk Health Prescription; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Farsk Health Prescription, or unduly burdening or hindering the operation and/or functionality of any aspect of Farsk Health Prescription; attempt to gain unauthorized access to or impair any aspect of Farsk Health Prescription, or its related systems or networks; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; use Farsk Health Prescription in a manner that violates any laws. You will: keep secure and not disclose to anyone your M-Account username and password; and refrain from using abusive language or inappropriate conduct when communicating with anyone through Farsk Health Prescription, including Authorized Providers. You will not contact Authorized Providers in respect of Healthcare Services except through Farsk Health Prescription. For clarity, Farsk has no interest in or control over any interaction that you may have with Authorized Providers that is unrelated to Healthcare Services or your use of Farsk Health Prescription. Unless otherwise permitted by Farsk in writing, you may only have one M-Account. You are responsible for all activity that occurs under your M-Account.
As a term and condition of using Farsk Health Prescription, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING. Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for services that are not covered by the health plan of your province or territory of residence (“Plan”). You will be charged a fee for any Healthcare Services you receive from an Authorized Provider, unless the fee is paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Farsk. You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact us if you have questions about fees charged for Healthcare Services.
Farsk Health Prescription, all content and rights therein, except PHI, are and will remain Farsk’s property or the property of Farsk’s licensors. Neither these Terms nor your use of Farsk Health Prescription convey or grant to you any rights to use or reference in any manner Farsk’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Farsk’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.
None of the information or materials (collectively, “Content”) available through Farsk Health Prescription with the exception of Healthcare Services is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on Farsk Health Prescription could include technical, typographical or photographic errors. Farsk does not warrant that any of the materials provided are accurate or current.
FARSK HEALTH PRESCRIPTION IS PROVIDED “AS IS” AND “AS AVAILABLE.” Farsk DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Farsk MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF Farsk Health Prescription, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Farsk DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF Farsk Health Prescription, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY Farsk PROGRAM AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO Farsk IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).
FARSK HEALTH, (WHICH IN THIS SECTION N INCLUDES ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON Farsk Health Prescription AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE Farsk Health Prescription AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., Farsk IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS Farsk Health Prescription. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL Farsk BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF Farsk Health Prescription AND/OR HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.
You agree to indemnify and hold Farsk (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of Farsk Health Prescription and Healthcare Services obtained through your use of Farsk Health Prescription; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Providers, other Users, any person on whose behalf you request Healthcare Services, and/or referred friends. Through Farsk Health Prescription, you may use certain services that are not provided by Farsk and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by Farsk, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Farsk.
No Refunds will be provided unless the treatment is denied by the prescriber
If you have questions about Farsk Health Prescription or its use, you can contact us by email: email@example.com