Terms of Use
Updated: February 23rd, 2023.
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Contractual Relationship
These Terms of Use (“Terms”) govern your rights and obligations regarding your access and use of Cyno’s applications, websites, software, content, products, and services (collectively referred to herein as the “Cyno Platform”). These Terms constitute a fully binding agreement between 75961 Newfoundland & Labrador Inc. (referred to herein as “Cyno”, “we”, “us”) and you, the user of the Cyno Platform (referred to herein as “you” and “your”), so please read them carefully. By accessing and using the Cyno Platform, you agree to be bound by these Terms. If you do not agree to these Terms at any point, you must immediately cease access and use of the Cyno Platform.
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We reserve the right, in our sole discretion, to change, modify or otherwise update these Terms, or any portions thereof, at any time. The date on which these Terms were last updated will appear at the top of this page. Your continued use of the Cyno Platform after any such changes constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound.
Cyno may immediately terminate these Terms and/or cease offering or deny access to the Cyno Platform or any portion thereof, at any time, for any or no reason.
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The Cyno Platform
The Cyno Platform enables health service consumers (“Health Service Consumers”) seeking health services (“Health Services”) to connect with Health Service Providers, who will provide Health Services through the Cyno Platform.
“Health Service Providers” are health care professionals who are eligible to practice and provide Health Services in one or more province or territory of Canada or State(s) of the United States of America and / or internationally. Health Service Providers are independent providers who are neither our employees, agents, nor representatives. Cyno’s role is limited to enabling the provision of Health Services through the Cyno Platform, while the Health Services themselves are the responsibility of the Health Service Provider that provides them.
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The Cyno Platform enables you to send and receive Content, including personal health information (“PHI”) created or compiled in the course of receiving or providing (as applicable) Health Services, and it enables chat or video conference between Health Service Consumer and Health Service Provider electronically. In these Terms, “Content” means any information or document submitted through the Cyno Platform, including, but not limited to, personal information, PHI, images, videos, graphics, sounds, texts, and emails.
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By accessing and using the Cyno Platform, you acknowledge and agree that:
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(a) Cyno is not a party to the relationship between Health Service Consumer and Health Service Provider, and Health Service Providers are not employees, agents, or representatives of Cyno.
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(b) Health Service Providers are solely responsible for Health Services provided to Health Service Consumers, including collection, use, and management of PHI and personal information, compliance with standards of care, record-keeping, and other professional obligations that they may have.
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(c) As with any health consultation, no results can be guaranteed or assured. Health Service Provider may determine that Health Services offered through the Cyno Platform are not appropriate for some or all of the needs of an individual Health Service Consumer, and accordingly may elect, in their sole discretion, not to provide Health Service to Health Service Consumer through the Cyno Platform.
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(d) If you are a Health Service Consumer, you are responsible for providing the Health Service Provider with the information that they advise is required in order to provide you with Health Services.
Eligibility
In order to access and use the Cyno Platform, you must be at least 18 years of age. If you are a Health Service Consumer, availability of Health Services through the Cyno Platform depends on your geography of residence and your location at the time you request the Health Services.
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If you are a Health Service Provider, you will only be eligible to deliver Health Services through the Cyno Platform if you are licensed to practice and provide Health Services in geographies that you indicate in your provider on-boarding documents. You acknowledge and agree that you alone are responsible for the Health Services you provide through the Cyno Platform. As Cyno cannot control all uses of the Cyno Platform, Cyno is not responsible for Health Service Consumers and Health Service Providers allowing Health Services to be provided to individuals under 18 years of age.
Privacy
Collection, use, and management of your information is governed by our Privacy Statement. We note that the collection, use, and management of PHI and personal information of the Health Service Consumer is the sole responsibility of the Health Service Provider. Please review our Privacy Statement prior to agreeing to these Terms as the Privacy Statement is incorporated by reference into, and accordingly is part of, these Terms.
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Cyno Account Registration
In order to access the Cyno Platform, you must create an account (an “Account”).
If you are a Health Service Provider, you must create an Account by following the registration process on our website, app.cyno.ca. To create an Account as a Health Service Provider, you will be required to provide your first and last name, phone number, email address, professional registration number and proof of professional liability insurance.
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If you are a Health Service Consumer, you must obtain an account activation code from your Health Service Provider. Once you obtain an activation code, in order to create an Account you will be required to provide your first and last name, phone number, email address, location of residence, and date of birth.
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You are solely responsible for maintaining the confidentiality of the information associated with your Account, including your password, and accept responsibility for all activities that occur under your Account. If you become aware that there has been, or have reason to suspect that there may be, unauthorized use of your Account, or any other breach of security, you agree to immediately notify Cyno at support@cyno.ca, and to immediately take all necessary steps to prevent such unauthorized access, including changing your password. You may only possess one Account.
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Content
You understand that all Content available through the Cyno Platform is the sole responsibility of the person from whom such Content originated. This means that you, and not Cyno, are entirely responsible for all Content that you submit, or otherwise make available through the Cyno Platform.
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We do not claim ownership of any Content that you submit or make available through the Cyno Platform. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you submit or make available through the Cyno Platform.
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You are not permitted to copy, reproduce, modify, alter, translate, adapt, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available any Content to which you do not own or have a license or authorization to use, to which you may gain access through use of the Cyno Platform.
Intellectual Property
You acknowledge and agree that the Cyno Platform is, and will remain at all times, the sole and exclusive property of Cyno, and that you have no proprietary right or interest in or to the Cyno Platform, except as expressly set out in these Terms.
You further acknowledge and agree that the Cyno Platform is legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Cyno Platform, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Cyno Platform. You also agree not to change, translate, or otherwise create derivative works of the Cyno Platform or any of the content found thereon including, but not limited to, Cyno trademarks, logos, and copyrighted material.
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Restrictions
By using the Cyno Platform, you agree as follows:
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1. You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of the Cyno Platform, or any features or functionality thereof;
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2. You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available, the Cyno Platform, or any features or functionality thereof, to any third party for any reason;
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3. You will not remove, delete, alter, obscure, any copyright, trade-mark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Cyno Platform;
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4. You will not use the Cyno Platform for purposes of competitive analysis, the development of a competing product, copying and/or exploiting ideas, features, or functions of the Cyno Platform, or any other purpose that is to Cyno’s disadvantage;
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5. You will not link to, mirror, or frame any portion of the Cyno Platform;
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6. You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Cyno Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Cyno Platform;
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7. You will not attempt to gain unauthorized access to or impair any aspect of the Cyno Platform, or its related systems or networks;
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8. You will not attempt to gain unauthorized access to, or otherwise hack any other Account;
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9. You will not impersonate any person or entity, or otherwise misrepresent you affiliation with a person or entity;
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10. You will not participate in any form of action or conduct that may have a disruptive, destructive, or negative impact on the Cyno
Platform or other users of the Cyno Platform, including, but not limited to threatening, abusive, discriminatory, obscene, or harassing behavior, invasions of privacy, and distribution of software viruses; and
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11. You will comply with all laws and regulations with respect to the use of the Cyno Platform;
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Termination
As set out above, Cyno reserves the right to terminate your access or use of the Cyno Platform at any time, for any reason. If your Account is terminated, Cyno will have no further obligation to provide access to the Cyno Platform, except to the extent there is an obligation to provide you with access to your Content, or we are requested to do so, for a limited period, by a Health Service Provider in connection with their professional obligations to you.
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Fees
Like certain other health services, our Health Services are provided for a fee. You understand that you will be charged a fee for any Health Services you receive from a Health Service Provider. When Health Service Consumers book appointments directly through the Cyno Platform, the purchase is collected by Cyno through Stripe on behalf of the Health Service Provider. When Health Service Consumers book appointments in the Health Service Provider’s clinic, payment will be made directly within the clinic.
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If you book any Health Services through the Cyno Platform but cancel any such booking within 24 hours of the scheduled session start time, you acknowledge that you forfeit any right to a refund or other credit for those late booking cancellations, and Cyno expressly reserves the right not to refund you for such late cancellations.
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Third Party Sites
Links on the Cyno Platform to other websites, applications, or resources provided, operated, or maintained by parties other than Cyno (“Third Party Sites”) are provided to you for convenience only. By accessing such Third Party Sites through the Cyno Platform, you are consenting to the terms of service and privacy policies of those Third Party Sites. Cyno is not responsible for the availability of such Third Party Sites, and we do not accept any responsibility or liability for their content or policies. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.
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Disclaimer
THE CYNO PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” CYNO 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, CYNO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE CYNO PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CYNO DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTH SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE CYNO PLATFORM, AND ANY RISK RELATED TO THE HEALTH SERVICES.
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Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL CYNO 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 CYNO PLATFORM AND/OR HEALTH SERVICES BY HEALTH SERVICE PROVIDERS. CYNO, 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 CYNO PLATFORM AND/OR HEALTH SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE CYNO PLATFORM AND/OR HEALTH SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTH SERVICE PROVIDER. CYNO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CYNO’S REASONABLE CONTROL. YOU AGREE THAT CYNO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE CYNO PLATFORM OR THE HEALTH SERVICES PROVIDED TO YOU.
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Cyno 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 the Cyno Platform.
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Indemnity
You agree to indemnify and hold Cyno and its subsidiaries, affiliates, officers, directors, directors, shareholders, agents, representatives, employees, partners, and licensors 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 the Cyno Platform, Health Services obtained through your use of the Cyno Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of another person or entity.
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Entire Agreement
These Terms, together with the Privacy Statement, constitute the entire agreement and understanding of Cyno and you with respect to their subject matter, and replace and supersede all prior or contemporaneous agreements or undertakings regarding the subject matter, whether written or oral.
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Dispute Resolution and Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the applicable federal laws of Canada, without giving effect to any common law or statutory principles of conflicts of law. You expressly attorn to the jurisdiction of the courts of Newfoundland and Labrador and agree that any disputes or matters arising from, connected with, or relating to these Terms or your use of the Cyno Platform shall be brought to the relevant court located in St. John’s, Newfoundland and Labrador.
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Severability
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.