LAST UPDATED:  January 2018

 

Contractual Relationship

These Terms and Conditions (“Terms”, “Agreement”) govern the access and/or use, by individuals who have registered with Insynco and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “Insynco Platform”), owned and operated by Insynco (“Insynco”, “we”, “us”, “our”).

By accessing and using the Insynco Platform, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Insynco. If you do not agree to these Terms at any point, you must immediately cease accessing the Insynco Platform.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Insynco Platform after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.

On notice to you, Insynco may immediately terminate these Terms and/or access to the Insynco Platform or generally cease offering or deny access to the Insynco Platform or any portion thereof, at any time, for any reason.

Insynco 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 at any time, and from time to time, without notice.

 

Insynco App & Patient Portal

Individual registered Patients are permitted to use the Insynco Platform, as described on the Insynco website, www.insynco.com (the “Website”).

Patients have access to the Insynco App and Patient Portal, including the ability to communicate with the doctor via in-app messaging, share a photo log of meals for nutritional advice, and sync a wearable fitness tracker (compatible with Fitbit devices).

In-app messaging and can only be used in conjunction with consultations for quick check-ins and to answer simple questions related to your Total Health PlanTM. Inactive patients who have not had a consultation in over 45 days may lose access to the Insynco App and Patient Portal, including unlimited communication with the doctor. If an in-app message or an email request is deemed to be too complex to respond via a text message, you will be notified and it will be a topic to discuss during your next appointment. Response time for email and in-app messaging may take up to 24 business hours (Monday to Friday, 9:00 a.m. to 9:00 p.m. EST). Insynco response time excludes public holidays and any announced or un-announced replacement holidays determined by Insynco.

 

Consultation Fee

The Consultation Fee is billed at a rate of $99 per 30-minute Follow-Up Consultation and $199 per 60-minute Initial Consultation, provided, however, that Insynco may from time to time vary or update its fee structure. All new patients are scheduled for a thorough initial assessment that requires 60 minutes. Follow-up consultations are scheduled in 30 minute time-slots. Minimum time requirement for in-person consultations is 30-minutes. All consultations are by appointment only and the allotted time is agreed upon by both the doctor and patient prior to booking. If additional time is required and available in the schedule, the patient will be given the option to extend the consultation and will be billed accordingly.

 

Loyalty Credits

All Patients will earn loyalty credits equaling 5% of the total cost of every consultation fee. Loyalty credits are redeemable once the Patient has earned a minimum credit value of $30 in their account. Loyalty credits have no cash value and can only be redeemed against the cost of future consultations. Payments for advanced testing are not eligible expenses for earning or redeeming loyalty credits.

 

Billing

The Consultation Fee is required to be paid in full immediately following each consultation. Billing is completed using a secure online payment processor and accepted forms of payment include Visa and Mastercard. If Additional Services are performed by or purchased through Insynco, Insynco may require payment for such Additional Services in advance of performance. All naturopathic consultation fees are HST-exempt. Taxes only apply to advanced testing.

 

Additional/Excluded Services

If you require healthcare or other services, procedures or products outside of those specified as being included in the Consultation Fee, you will be solely responsible for the cost of such services. If necessary, Insynco may refer you to another physician or other healthcare practitioner for Additional Services. Alternatively, Insynco in its sole discretion may provide such Additional Services for an additional fee. Your insurance, if any, may or may not cover the costs of Additional Services. Additional Services may include, without limitation, the following:

 

Payments and Credit Card Authorization

To the extent that you provide Insynco with your credit card or other payment information for payments with respect to your registration as a Patient of Insynco, Insynco shall be authorized to charge your credit card for any unpaid Consultation Fees or fees for Additional Services provided to you by Insynco. You shall not initiate any dispute or chargeback to Insynco’s account without Insynco’s prior written consent and you shall not cancel the credit card that you have provided to Insynco without first providing Insynco the details for a replacement credit card. You will be responsible for any fees or costs incurred by Insynco in connection with collection, including fees associated with recouping payment on chargebacks. You will update Insynco in advance in the event of a change in your credit card information, including changes to the name on your card, your billing address and your reference phone number.

 

Refunds, Cancellation, failure to arrive for appointments and late arrival

Consultation Fees are non-refundable. Cancelling or rescheduling appointments can be done via email or phone during regular business hours 9:00AM – 9:00PM Monday to FRIDAY. A $50 administration fee will be charged if you cancel/reschedule an appointment less than 24 hours prior to the appointment time. All missed appointments will also be charged at the same rate.  Late arrival may result in reduced treatment time or forfeiting of the appointment. Insynco will endeavor to ensure that your appointment runs on time; however, for reasons beyond our control, we may need to cancel or postpone your appointment at short notice. In this unlikely event, we will make every effort to contact you in advance. We do not offer compensation if we cancel your appointment.

 

Termination

Insynco may terminate provision of Services to you, at any time, upon:

 

Telemedicine/Electronic Communication

Insynco offers Services to Patients who may not be able to visit Insynco’s office in person. Telemedicine is a way to provide or assist in the provision of patient care at a distance using information and communication technologies (“Telemedicine”). You acknowledge that telemedicine is an integral part of Insynco’s Services. You authorize Insynco to communicate with you by Electronic Communication regarding your personal health information (“PHI”, as defined in the Personal Health Information Protection Act of 2004) via Insynco’s app and/or web portal. Electronic Communication includes but is not limited to email, in-app messaging, and video conference calls. You acknowledge and agree that:

 

Use of the Platform

Use of the Insynco Platform is done at your own risk. Insynco cannot and does not guarantee or warrant that the Platform is compatible with your computer system or that the Platform, or any links from the Platform, 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.

 

Privacy Policy

Insynco’s Privacy Policy as specified on the Website and updated by Insynco from time to time (the “Privacy Policy”) shall apply to your registration as a Patient of Insynco. You hereby acknowledge and agree to the applicability of the Privacy Policy.

 

Consent to Treatment

The Insynco Platform provides Patients with access to a licensed naturopathic doctor (the “Doctor”) by secure in-app text messaging or video conference calls for telemedicine consultations and support services (as a subset of the Platform services, “Health Services”). By accessing and using the Platform to receive Health Services via Telemedicine, you consent to be treated by the Doctor. The Doctor 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. The Doctor may also conduct a visual examination of you via Telemedicine and may ask you to conduct certain self-assessments, including but not limited to, taking your temperature, body measurements or blood pressure. You may withdraw your consent to receive Health Services at any time by ending your Telemedicine consultation with the Doctor.

In prescribing or recommending any course of treatment or medication to you, the Doctor will fully explain it to you, including the expected benefits, material risks, and material side effects. You are encouraged to ask questions of the Doctor regarding any course of treatment or medication that is prescribed or recommended to you, all of which should be answered to your satisfaction. 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 Doctor to provide Health 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 Doctor 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. By consenting to receive Health Services using the Platform, you consent to these inherent material risks associated with Telemedicine.

 

No Emergency Services

Insynco’s practitioners are available only during the business hours specified by Insynco pursuant to the scheduling and contact policies and procedures described on the Website or notified to you by Insynco from time to time. Insynco does not provide for urgent or emergency appointments. Insynco staff are not on-call 24 hours per day and generally are not available on weekends or holidays. IN THE EVENT OF AN EMERGENCY OR CIRCUMSTANCES REQUIRING URGENT CARE, YOU SHOULD IMMEDIATELY CALL 911, THE NEAREST EMERGENCY ROOM OR URGENT CARE CENTER, AND FOLLOW THE DIRECTIONS OF EMERGENCY PERSONNEL.

 

Intellectual Property

Insynco’s copyrighted and original materials will be provided to you for individual use only. You are not authorized to use any of Insynco’s intellectual property for your business purposes. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from Insynco electronically or otherwise without the prior written consent of the Insynco. All intellectual property, including Insynco’s copyrighted or original materials, shall remain the sole property of Insynco. No license to sell or distribute Insynco’s materials is granted or implied.

 

No Guarantee of Outcomes

You acknowledge and agree that you are solely responsible for the results attained from your use of Services provided by Insynco. Insynco makes no representations or guarantees as to results or outcomes (including, for example, cure of a particular disease or resolution of any condition).

 

Disclaimer of Warranties

Except as expressly stated in this Agreement or required by applicable law, Insynco hereby disclaims any and all warranties, both express and implied, including any warranty of non-infringement, fitness for a particular purpose or merchantability.

 

Limitation of Insynco’s Liability

UNDER NO CIRCUMSTANCE SHALL INSYNCO 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 THE INSYNCO PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS. INSYNCO, 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 THE INSYNCO PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE INSYNCO PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN. INSYNCO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND INSYNCO’S REASONABLE CONTROL. YOU AGREE THAT INSYNCO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE INSYNCO SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS.

 

No assignment

Your registration as a Patient of Insynco is personal to you and non-transferrable. The Services you receive or gain access to as a Patient may not be shared, assigned or transferred to anyone else even if you are not using them. Your rights and obligations under this Agreement may not be transferred or assigned without the prior written consent of Insynco.

 

Minors

In the case of minor Patients, under 18 years of age, Insynco requires that at least one parent or legal guardian provide written consent before the minor can register as a Patient of Insynco. Such minor will be treated as a Patient hereunder and the parent or legal guardian will be responsible for their adherence to this Agreement. You agree to hold harmless and indemnify Insynco for, from, and against any claims of such minor.

 

Notices; Communications

Any communication required or permitted to be sent under this Agreement shall be in writing and sent via mail or email. Notices to you may be sent to the address (mailing or email) you provide to Insynco at registration. You shall promptly notify Insynco of any change of address. Notices to Insynco may be sent via mail or email to:

Insynco

30A Hazelton Avenue

Toronto, ON M5R 2E2

please email us using our contact form.

 

Non-Disparagement

While registered as a Patient of Insynco and for a period of two (2) years immediately following termination of registration for any reason, you and Insynco each agree not to make, publish or communicate to any person or entity, or in any public forum, whether directly or indirectly through any third party, any disparaging, negative, false, misleading or defamatory remarks, comments or statements regarding the other party; provided, that the foregoing shall not limit the right to respond truthfully under oath as required pursuant to legal or regulatory process.

 

Severability

In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and the application of such provision to other persons or circumstances shall be interpreted so as reasonably to effect the intent of the parties. This Section shall survive termination or expiration of this Agreement.

 

Entire Agreement; Amendment

These Terms and Conditions constitute the entire understanding and agreement between the parties with respect to its subject matter and supersede all prior agreements or understandings, whether written or oral, with respect to the same subject matter. No amendment of this Agreement shall be binding on a party unless made in writing and signed by all parties. Notwithstanding the foregoing, Insynco may unilaterally amend this Agreement to the extent required by law or regulation by sending you advance written notice of any such change.

 

Force Majeure

Neither party will be liable to the other for any cause beyond its reasonable control, and the party’s performance of its obligations hereunder, other than payment obligations, will be excused if such party’s performance is prevented by any cause or causes beyond its reasonable control without the fault or negligence of such party. In no event shall financial difficulty or inability constitute force majeure.

 

Controlling Agreement

In the event of any conflict between the provisions contained in this Agreement, the Insynco Platform and any marketing or descriptive materials used by Insynco, Insynco’s representatives, or employees, the provisions in this Agreement shall be controlling.