The Bodo Health Corporation Terms and Conditions were last updated on October 20, 2020.
Bodo Health Corporation (“Bodo”) provides speech therapy services (the “Bodo Services”) through the use of an online video platform, website, and/or portal and corresponding communication tools including email and text (the “Bodo Platform”). These Terms and Conditions (“Terms”) govern your access to and use of the Bodo Platform and Bodo Services, whether as a patient or a Health Services Provider (as defined below). For greater certainty, to the extent that the Bodo Platform is provided through any third party service, your access to and use of the Bodo Platform is also subject to any applicable third party terms and conditions.
For clarity, these Terms set out circumstances in which you may use the Bodo Services as authorized on behalf of another individual, and in such circumstances, references to “you” and “your” in these Terms include the child or other individual for whom you have the legal authority to seek the Bodo Services.
The Bodo Platform enables you to access the online provision of speech and language therapy services from speech and language therapy providers who practice in one or more Provinces or Territories of Canada. You agree that the Bodo Platform is made available solely for your personal and non-commercial use.
All speech and language pathologists and support personnel engaged in providing the Bodo Services are independent and (where applicable) regulated health professionals (“Health Services Providers”). Bodo is not a health care provider. Health Services Providers are independent contractors and accordingly are alone responsible for the Bodo Services they provide through the Bodo Platform. For greater certainty, Health Services Providers contracted by Bodo are subject to privacy legislation and professional requirements that govern their management of personal and personal health information, including information they collect, use and retain in the course of providing services through the Bodo Platform.
Please note that interaction with a Health Services Provider through the Bodo Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by a Health Services Provider.
YOU MUST NOT USE THE BODO PLATFORM OR BODO SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
Further, by using the Bodo Platform and Bodo Services, you acknowledge that you understand and agree that:
- You are responsible for providing the Health Services Provider with the information that he or she requests in order to provide the Bodo Services to you;
- As with any other health care services, there are risks associated with the use of the Bodo Services. No results can be guaranteed or assured, and your Health Services Provider may determine that the Bodo Services are not appropriate for some or all of your treatment needs and accordingly may elect not to provide Bodo Services to you through the Bodo Platform; and
- Apart from the Bodo Services, any other content and material appearing to or through the Bodo Platform could include technical, typographical or photographic errors. Bodo does not warrant that any of the materials provided are accurate or current.
As a condition to using the Bodo Platform, you may be required to register an account and select a username and password. Should you register an account, you are agree to provide Bodo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
With respect to your username and password, certain password selection rules will be automatically enforced at the time of selection. In addition, any password selected by you shall: (i) be different from any other personal identification number or other secret code used by you for any other type of services; (ii) not contain any information about you that may be easily obtained or guessed by someone else; and (iii) not be changed to any password previously used by you.
You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Bodo in writing, you may only possess one account.
While using the Bodo Platform, you may not, and represent and promise that you will not:
(a) remove or alter any copyright, trademark, brand elements or other proprietary notices;
(b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Bodo Platform except as expressly permitted by Bodo;
(c) decompile, reverse engineer, decode, adapt, disassemble, or otherwise attempt to derive or gain access to the source code of the Bodo Platform, or any part thereof;
(d) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Bodo Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Bodo Platform;
(e) attempt to gain unauthorized access to or impair any aspect of the Bodo Platform, or its related systems or networks;
(f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(g) access or use the Bodo Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights of any person or that violates any laws;
(h) access or use the Bodo Platform for purposes of competitive analysis of the Bodo Platform, the development, provision or use of a competing software service or product or any other purpose that is to Bodo’s detriment or commercial disadvantage; or
(i) input, upload, transmit or otherwise provide to or through the Bodo Platform any information or materials that are unlawful or injurious, or contain, transmit or activate any software, hardware or other technology, device or means, including any virus, trojan horse, worm, backdoor, malware or other malicious computer code, the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any:
(i) computer, software, firmware, hardware, system or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby; or (b) prevent any user of the Bodo Platform from accessing or using the Bodo Platform as intended by these Terms.
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Bodo Platform, including Health Services Providers. You agree that you will not contact Health Services Providers in respect of Bodo Services except through the Bodo Platform.
All right, title and interest in and to the Bodo Platform and all contents and rights therein, including all IP Rights (defined below), except your personal and personal health information, are and shall remain Bodo’s property or the property of Bodo’s licensors. Neither these Terms nor your use of the Bodo Platform convey or grant to you any rights to use or reference in any manner Bodo’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Bodo’s licensors. For the purposes of this paragraph, “IP Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trade-mark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world.
You will be charged for every Bodo Services appointment through the Bodo Platform the amount specified in the Bodo Platform for the type of service or other materials (such as access to online speech therapy exercises, where available) selected by you and provided, and you hereby authorize Bodo to charge the payment method (i.e. credit card) you provide accordingly. Bodo will provide you with a receipt for the fees you pay.
Notice of cancellation of an appointment must be received by Bodo no later than 24 hours prior to a scheduled appointment. If you cancel within 24 hrs of a scheduled appointment, unless an agreement has been reached with the applicable Health Services Provider, you will be charged all applicable fees and taxes for an appointment.
You may edit your payment method information at any time. If a payment is not processed successfully, due to expiration, insufficient funds, or otherwise, you remain responsible for any outstanding amounts and authorize Bodo to continue billing the payment method, as it may be updated.
If you fail to make any payment of fees when due, then, in addition to all other remedies that may be available to Bodo, Bodo may charge interest on the past due amount at the highest rate permitted by applicable law and Bodo may immediately suspend your access to the Bodo Platform and Bodo Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to you or any person by reason of such suspension.
Bodo reserves the right to suspend or terminate your access to or use of the Bodo Platform at any time, for any reason including, without limitation, breach of these Terms.
If you are dissatisfied with the Bodo Platform, Bodo Services or these Terms, your sole and exclusive remedy is to discontinue using the Bodo Platform and Bodo Services.
THE BODO PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” BODO 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, TITLE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN ADDITION, BODO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE BODO PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BODO DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF THE BODO SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE BODO PLATFORM, AND ANY RISK RELATED TO THE BODO SERVICES.
UNDER NO CIRCUMSTANCE SHALL BODO 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 BODO PLATFORM AND/OR BODO SERVICES PROVIDED BY HEALTH SERVICES PROVIDERS. BODO, 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 BODO PLATFORM AND/OR BODO SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE BODO PLATFORM AND/OR BODO SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTH SERVICES PROVIDER. BODO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BODO’S REASONABLE CONTROL. YOU AGREE THAT BODO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE BODO PLATFORM OR THE BODO SERVICES PROVIDED TO YOU BY HEALTH SERVICES PROVIDERS.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF BODO IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE BODO PLATFORM AND/OR BODO SERVICES PROVIDED BY HEALTH SERVICES PROVIDERS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE FEES PAYABLE BY YOU TO BODO. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Bodo, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees on a solicitor client basis) arising out of or in connection with: (i) your use of the Bodo Platform and Bodo Services obtained through your use of the Bodo Platform; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Health Services Providers, other users, any person on whose behalf you request Bodo Services; or (iv) any other materials or information (including any documents, data, specifications, software, content or technology) provided by or on behalf of Bodo.
These Terms constitute the entire agreement and understanding of Bodo and you with respect to their subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding the subject matter.
These Terms and all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action arising out of or related to these Terms shall be instituted exclusively in the courts of the Province of Ontario, and you irrevocably submit to the exclusive jurisdiction of such courts in any such action.
You will not assign or otherwise transfer any of your rights under these Terms without Bodo’s prior written consent, which consent Bodo may give or withhold in its sole discretion. Any purported assignment, delegation or transfer in violation of this paragraph is void. This Agreement is binding upon and enures to the benefit of you and Bodo and your respective permitted successors and assigns.
If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
You agree that the international conventions concerning the sale of goods (specifically the conventions found within the International Sales Conventions Act, (Ontario)) shall not apply to these Terms or the provision of any services by Bodo.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THESE TERMS AT ANY TIME. BY USING THE BODO 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.
If you have any concerns, inquiries or suggestions regarding the Bodo Platform, Bodo Services, or these Terms, please submit them in writing (either by mail or email) to:
Bodo Health Corporation
440 Laurier Avenue West
Ottawa, ON. K1R 7X6