Last Updated: March 2016

Welcome to Akira! – A doctor in your pocket.

The following terms of use (the "Terms of Use") govern your use (the term "use" will mean access or use, as applicable) of: (1) the Akira Medical Ltd. ("Akira", "us", "we", "our") website located at http://akira.md/ (the "Website"); (2) the "AKIRA" mobile phone application (the "App"); and (3) the Akira online platform, including through the App, providing various services from time to time, as described on the Website, and (4) all other services provided by Akira, as described on the Website (collectively, the "Platform"). These Terms of Use form an agreement between Akira and you. The term "you" refers to the person or entity visiting the Platform, browsing or otherwise using the Platform, or receiving any Platform Services. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

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

Changes to these Terms of Use and Platform

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, AKIRA RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM AFTER ANY CHANGES TO THESE TERMS OF USE INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE REGULARLY.

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

Use of the Platform

AS A CONDITION OF YOUR USE OF THE 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 TERMS OF USE; (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 TERMS OF USE.

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

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

Health Services

The Platform Services, as permitted by Akira and these Terms of Use, enable you to use the Platform to obtain on-demand access to physicians ("Physicians") and personal health assistants ("PHAs") by secure text and video for telemedicine and telehealth consultations, and to receive related healthcare and administrative support services via telemedicine and telehealth (as a subset of the Platform Services, "Health Services" and "Support Services", respectively). All Physicians are independent of Akira and are solely responsible for the provision of Health Services to you. All PHAs are employees of Akira and only provide Support Services that do not fall within the scope of practice of any regulated health profession. Akira is not engaged in the practice of medicine or any other regulated health profession. Neither Akira nor any other party associated with Akira (except for Physicians) is liable for any Health Services provided to you by Physicians. None of the Content (except as may be directly communicated to you by Physicians) is medical advice or an endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular treatment or medication for you.

Consent to Treatment and Collection, Use and Disclosure of Personal Health Information

Telemedicine is both the practice of medicine and a way to provide or assist in the provision of patient care at a distance using information and communication technologies ("Telemedicine"). By accessing and using the Platform to receive Health Services or Support Services via Telemedicine, you consent to be treated by Physicians and consulted by PHAs. Physicians and PHAs may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Physicians may also conduct a visual examination of you via Telemedicine and may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. PHAs do not provide any Health Services and only provide Support Services that are informational in nature. You may withdraw your consent to receive Health Services or Support Services at any time by ending your Telemedicine consultation with the Physician or PHA.

Neither the Health Services provided by Physicians nor the Support Services provided by PHAs are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly or as needed or recommended by them. Physicians may also refer you to other consultants or specialists for in-person consultations, and can report to you on the results of those consultations. Physicians may also prescribe medication to you and can direct prescriptions to the pharmacy or other dispensing location of your choosing. Physicians and PHAs are also available to you to follow-up on the results of any treatment, including any reactions to medication, side effects or other adverse events. Physicians will also send reports regarding the care provided to you to your family physician or other primary care health professional after consultations with you.

In prescribing or recommending any course of treatment or medication to you, the Physician will fully explain it to you, including the expected benefits, material risks, and material side effects. You are encouraged to ask questions of the Physician or PHA regarding any course of treatment or medication that is prescribed or recommended to you, all of which should be answered to your satisfaction. If you are not satisfied with the explanation or information provided by the Physician or PHA regarding any course of treatment or medication that is prescribed or recommended for you, you should not follow it or you should seek a second opinion from a physician that is not affiliated with Akira. You have the right to refuse or withdraw consent to treatment or medication at any time. In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with Telemedicine and which may adversely impact the ability of the Physician to provide Health Services or the PHA to provide Support Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Physician to conduct an appropriate assessment of you or otherwise obtain sufficient personal health information ("PHI") from you to support a diagnosis or prescription, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Physician and any dispensing pharmacists of all medications you are taking and any allergies you may have), and (d) unauthorized collection, use or disclosure of your personal health information due to a security protocol breach or failure.

By consenting to receive Health Services or Support Services using the Platform, you consent to these inherent material risks associated with Telemedicine. By providing or uploading any of your PHI to the Platform, Physician, or PHA, you are consenting to the collection, use and disclosure of your PHI for the purposes of providing Health Services and Support Services to you and for purposes that are consistent with those purposes. Only the Physician and PHA will have access to your PHI and neither Akira nor any other party associated with Akira will disclose your PHI to any third party except as may be required by law. Your PHI will be securely and digitally stored on servers physically located in Canada. Although Akira uses advanced encryption technology and other security protocols to protect your PHI and the privacy of your Telemedicine consultations with Physicians and PHAs, you acknowledge by using the Platform that there are inherent risks to any technology however remote that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your PHI. Akira will notify you to the extent required by law of any security protocol failure or breach that has resulted in in the unauthorized collection, use or disclosure of your PHI. For further information regarding Akira’s privacy policy, please see the section below entitled "Privacy Policy" and the embedded link to Akira’s Privacy Policy.

License Grants

Subject to these Terms of Use, Akira grants you a personal, revocable, non-exclusive and non- transferable license during the Term to permit you to use the Platform, including downloading and installing the App on your personal mobile phone device for the purpose of using the Platform or receiving Platform Services, in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to Akira 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: (1) you load, transmit to or enter into the Platform, or (2) Akira or the Platform collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (the "User Content") including for the purpose of: (A) providing the Platform Services, (B) complying with applicable law, and (C) Akira’s reasonable audit and data retention policies.

User Account

You may be required to successfully sign up for a user account (the "User Account") using the available interfaces at the Platform and be issued with a username and password login credentials by Akira ("User ID") in order to use the Platform and receive any Platform Services. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of Akira, including account names or login credentials. Akira reserves the right to disable any User Account issued to you at any time in Akira’s sole discretion. If Akira disables access to a User Account issued to you, you may be prevented from accessing the Platform, the Content, your account details or any User Content.

The Health Services and Support Services are also available for use by children at the discretion of the Physician or PHA, but the user, User Account and User ID, for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms of Use. Neither the Health Services provided by Physicians nor the Support Services provided by PHAs are intended to replace the services of a paediatrician. The terms of use set out above under "Consent to Treatment and Collection, Use and Disclosure of PHI" apply to children who receive Health Services or Support Services with necessary changes to points of detail. Children may only use the Platform in the presence of their parent or legal guardian.

Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue into force until terminated by either party as described below (the "Term"). Either party may terminate these Terms of Use as follows: (1) Akira may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Akira’s discretion, by email (at your current email address on file with Akira) or through the Platform; (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted or deactivated, ceasing use of the Platform and uninstalling and removing all local software components thereof from your systems, including removing the App from your mobile device.

Subscription Fees and Taxes

Akira may, in its sole discretion, offer some of the Platform Services to you for free or charge subscription fees in accordance with its then-current fee schedule that can be found on the Website and is subject to change, from time to time (the "Fee Schedule"). You or a responsible third party will pay any such applicable fees in accordance with the Fee Schedule (the "Fees"). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or demand from Akira. You or a responsible third party will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save Akira harmless in respect of any such taxes. For clarity, however, Akira will not charge you any Fees for any Health Services that are insured under a provincial or territorial health insurance plan in Canada which you are entitled to receive at no cost to you as an insured person under any such plan.

If a third party (e.g., such as an employer or supplemental health insurance provider) has arranged with Akira to pay the subscription fee or any portion of the subscription fee, or if the subscription fee is pursuant to some other arrangement with Akira, that subscription fee adjustment will be reflected in the subscription fee that you are ultimately charged. If you have a Health Spending Account (HSA) offered as a benefit by your employer, you agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Please check with your employer to determine if any Platform Services will be reimbursed other than from your HSA. Akira reserves the right to modify or implement a new pricing structure at any time prior to billing you or a responsible third party for your initial payment or for future payments due pursuant to these Terms of Use.

Akira may require you to provide and keep updated during the Term the details of a current and valid credit card, debit card, PayPal account, Apple Pay, or other payment method ("Payment Method") that is acceptable to Akira in its sole discretion. You hereby authorize Akira to charge any and all Fees that become due and payable to the Payment Method. You agree to pay such fees, charges and penalties (including costs and expenses related to collection by Akira of overdue payments) as Akira may from time to time set out on the Website in respect of late or overdue payments, or declined or unsuccessful Payment Method transactions.

Submissions

By submitting content through the Platform or otherwise to Akira in connection with the Platform Services, including any reviews, questions, comments, suggestions, ideas or similar information, but excluding your PHI (collectively, "Submissions"), you grant Akira and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (1) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (2) use the name that you submit in connection with such Submission. You acknowledge that Akira may choose to provide attribution of your Submissions (for example, listing your name and city on a review that you submit) at our discretion, and that such submissions may be shared with others using our Platform. You further grant Akira the right to pursue at law any person or entity that violates your or Akira’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You also acknowledge that Akira may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

Akira takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Akira has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. You are fully responsible for the content of your Submissions, including reviews posted to the Platform. Without limiting the foregoing, you will not post or transmit to or from the Platform any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services). You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform.

If you do not agree WITH ANY OF THE ABOVE, please do not provide any Submissions.

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, including the App, are owned or licensed by Akira and are protected by copyright, trade-mark and other intellectual property laws.

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

Privacy Policy

Please click here to review our current Privacy Policy, 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 Terms of Use

No Unlawful or Prohibited Use

You will not, without Akira's prior written permission, use the 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 Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the 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 Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Akira’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or the Content; (8) use the 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 Akira and only in the exact manner specified and enabled by Akira; (9) attempt to, assist, authorise 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 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 Platform or the Content; (11) create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use the 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 or Submissions that violate such third-party rights; or (13) upload to or transmit through the Platform any User Content or Submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Akira in its sole discretion.

Third Party Websites

The Platform may provide links to third party websites. Akira does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Akira's control, and if you choose to access any such web site, you do so entirely at your own risk.

Viruses

The downloading and viewing of Content is done at your own risk. Akira cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the 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 Platform.

Communications Not Confidential or Secure

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

DISCLAIMER AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, 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 PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. AKIRA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAITON, PRICING ERRORS. AKIRA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, AKIRA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.

REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND AKIRA DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. AKIRA MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, AKIRA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE 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 PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL AKIRA BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, 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 AKIRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT.

You acknowledge and agree that Akira does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Physicians, including physicians and other Physicians in Akira’s network. You acknowledges and agree that the Physicians using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Physicians, 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 AKIRA IN CONNECTION WITH OR UNDER THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE 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 TERMS OF USE 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.

Indemnification

You will defend, indemnify and hold harmless Akira and all of its officers, directors, employees and agents 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:

  • your breach of any of your warranties, representations or obligations under these Terms of Use;
  • your violation of any applicable law or the rights of a third party (including intellectual property rights); or
  • your use of the Platform or the Content.

In particular, you agree to indemnify and hold harmless Akira, its affiliates, members, officers, employees, agents, sponsors, and licensors for 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 any Content.

Geographic Application of the Platform

Not all of the products and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the 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 Platform, or the Health Services available through the Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.

Disclosures

All Physicians on the Platform hold professional licenses issued by the professional regulatory college(s) in the province(s) of Canada where they practice, hold doctoral degrees in medicine and have undergone post-doctoral training. You can report a complaint relating to Health Services provided by a Physician on the Platform by contacting the professional regulatory college(s) in the province(s) where the Health 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.

Governing Law and Jurisdiction

Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and Akira (as well as its agents, delegates, employees, and any Physicians or PHAs), including without limitation any Health Services of Support 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 Terms of Use, shall be governed by and construed in accordance with the laws of the province of Ontario (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Health Services or Support Services received by you will be provided in Canada and that the Courts of Ontario shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Health Services or Support Services, or from any other aspect of the relationship between you and Akira.

These laws apply to your access to or use of the Platform or the Content, notwithstanding your domicile, residency or physical location. The Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use 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. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between Akira 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 Akira with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use 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 Terms of Use. The word "including" or "includes" means "including (or includes) without limitation".

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

If any of the provisions contained in these Terms of Use 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.

You agree that it is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. Vous êtes d'accord que c’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.