Terms of use

Bonjour-santé® subscription services

TERMS OF USE OF BONJOUR-SANTÉ® AND BLEEN® SERVICES, DIVISIONS AND WEBSITES

Bonjour-santé®, Bleen® and their divisions offer medical consultation and e-consult management services (the “Services”) through different websites, including https://bonjour-sante.ca, http://bleen.ca/ and  http://bleen.com/ (the “Websites”).

 

Bonjour-santé® and Bleen® Services are provided by Innovation Tootelo inc. and its subsidiaries. The present Terms of use, as hereafter defined, govern your use of the Services. By subscribing or by using any of these Services, you agree to comply with the present Terms of use and acknowledge having read them (the “Terms of use”). You acknowledge and accept that the present Terms of use may be modified in accordance with the provisions set out below, and you are invited to regularly review said Terms of use. Furthermore, you understand and require the expertise of Bonjour-Santé® and Bleen® in managing medical consultations, and use the Services in order to save time and obtain a large selection of consultations for greater flexibility. You understand that the Services do not grant any privileged access to a doctor or any other health professional.

1. Membership

When you subscribe to any of the Services, you agree that this membership will renew monthly according to the payment method you selected. To use the Services, you must have an Internet access and provide, when required, a valid and accepted payment method, which you may modify from time to time through your membership profile. Unless you cancel your membership before your monthly invoice date, you authorize us to invoice your membership for the upcoming month according to the payment method defined beforehand.

Furthermore, by subscribing, you acknowledge and confirm that you have reached the age of majority in your province of residence in order to use the Services.

2. Membership Fees

  1. Types of membership. Bonjour-santé® and Bleen® offer various types of Services. You may review more extensively the information pertaining to each membership and, therefore, the Services by clicking here.
  1. Membership payment. Membership fees for the Services, as well as any other fee you may incur while using the Services, including all applicable sales taxes, must be paid using the payment method defined on the day corresponding to the beginning of the payable duration of your membership. One-time membership fees will be invoiced upon subscribing to one of the service plans. Your invoices will be accessible at all times through your account. You acknowledge and accept that the payment date may change, for example, if your payment method is not successfully registered. We invite you to review the details of your account in order to take note of your payment method and payment due dates.
  1. Payment method. You may modify your payment method from your membership account online in the section reserved for the payment.  In the event that any payment cannot be properly processed due to an expired credit card, insufficient funds or any other reason, and you do not modify your payment method or you close your account, we may suspend your access to the Services until we receive a valid payment method. Your account will however remain active until the following payment due date. At that time, if this payment also fails to be processed, your account will be deactivated. Thereupon, if you later reactivate your membership, you will have to pay the membership fees again. By updating your payment method, you authorize us to continue charging fees using this payment method and you remain liable for all unpaid sums.
  1. Cancellation of your membership. You may cancel your membership to the Services at any time; you continue to have access to the Services until the end of your invoicing period. We offer no refund nor credit for partially used monthly membership periods. To cancel your membership, follow the instructions to that effect in your account. If you cancel your membership, your account will be automatically closed at the end of the current billing period. Bonjour-santé® and Bleen® reserve the right to refuse access to any service plan or Service to any person who misuses the Services or uses them in a way that violates the Terms of use.
  1. Changes to service rates and plans. We may modify our Services and their rates at any time. Bonjour-santé® and Bleen® will notify you of any modification made to rates or service plans, and these modifications will only be applied thirty (30) days following this notification.

3. Account Access

You assume responsibility for the confidentiality of your username and password, both of which are for personal use only. You are also responsible for keeping the information appearing in your account up to date, including your email address and phone number, in order to allow Bonjour-santé® and Bleen® to send you any notification or communication. We may close or suspend your account to protect you, or to protect Bonjour-santé®, Bleen® and our partners, against identity theft or any other fraudulent activity.


4. BONJOUR-SANTÉ® AND BLEEN® SERVICES


  1. Use. The Services are intended exclusively for personal use and not commercial use. You agree to use the Services in accordance with any current law, rule or regulation and according to other restrictions pertaining to the use of the Services.

Information found on the Websites and their content are provided for information purposes only and are provided as they are and as they are available. Bonjour-santé® and Bleen® make no representation or guarantee regarding the accuracy or completeness of the information that appears on the Websites or their content. Thereupon, as more extensively described in the article 6 thereafter, you understand that the content of the Websites must not replace at any time the opinion of a health professional.


As part of your use of the Websites and their content, you agree to the following:

  • not to use the Websites or their content, or not to allow nor facilitate their use by any person in a way that constitutes or encourages the commission of a criminal or civil offence or the violation of intellectual property rights, or in a way that contravenes a law or regulation, including a law governing the medical profession, or leads to the disruption of Bonjour-santé® and Bleen® activities;
  • not to use the Websites or their content, or not to allow nor facilitate their use by any person to publish content that constitutes, in the opinion of a reasonable person, an offence to a person’s physical or moral integrity, or content that is deemed defamatory, abusive, racist, violent, hateful or intimidating, and not to publish on the Websites any content that disseminates ethnic slurs, homophobic insults or that undermines any religion or spiritual belief, as well as any attack made to a person or a group of persons in particular;
  • not to use the Websites or their content, or not to allow nor facilitate their use by any person without reading or accepting the terms of any separate license agreement or terms provided by Bonjour-santé® and Bleen®, including other provisions of the present Terms of use, including article 6;
  • not to hold, against Bonjour-santé® and Bleen® employees, suppliers, agents or representatives, remarks or gestures perceived as harassment or verbal, written abuse or other;
  • not to create or participate in the creation of a website that reproduces, in whole or in part, the Bonjour-santé® and Bleen® Websites, content or trademark;
  • not to use the Websites or their content, or not to allow or facilitate their use by any person to disseminate any communication that constitutes, in the opinion of a reasonable person, publicity, a commercial offer, spam or any form of solicitation;
  • not to use the Websites or their content, or not to allow or facilitate their use by any person to publish any content that a reasonable person may consider as being crude, obscene, inappropriate, vulgar, or sexually suggestive in nature or as being harmful to morality standards;
  • finally, you acknowledge that you are solely responsible for guaranteeing that your systems are adequate to use the Websites. IT IS RECOMMENDED THAT YOU USE AND UPDATE ANTIVIRUS, ANTI-SPYWARE AND FIREWALLS ON YOUR SYSTEMS THAT GRANT ACCESS TO THE WEBSITES.
  1. Availability of consultations and schedules of doctors. Available consultations may vary from one region to another, from day to day, according to several factors beyond the control of Bonjour-santé® and Bleen®. Under no circumstances can Bonjour-santé® and Bleen® intervene in clinics’ internal management. Many factors may influence the functioning and pace of appointments in clinics. Furthermore, Bonjour-santé® and Bleen® have no control on doctors’ availabilities and do not give priority to any person using the Services.
  1. Service improvement. Features and functionalities offered through the membership to any of the service plans can be updated from time to time in order to improve Services offered to users.

5. E-CONSULT

Through the Websites, you can access an e-consult service offered by health professionals authorized to practice in the province where the Services are offered. This service is offered through information and communication technologies using audio and video technologies.

The e-consult service allows you to discuss your health condition, namely. By using the service, the health professional assigned to your file may use the interactive communication features of the Websites to examine and assess your health condition.

By using this service, you acknowledge the following:

  • the health professional may not be able to help you in terms of your health condition given the means at his or her disposal as part of the e-consult;

  • the health professional may not have access to your current medical file, which would prevent him or her from offering services through e-consult;

  • Under no circumstances can you use the Platform for a medical emergency. If you have a medical emergency, you must contact the emergency services in your region or go to the hospital;
  • You are fourteen (14) years of age or older and able to give consent.

6. WARRANTY AND LIMITATION OF LIABILITY

The Services are provided without a warranty or stipulation pertaining to their functioning. We do not guarantee that the Services will function without interruption or error. The present provisions do not limit any warranty or right that may be provided under any applicable consumer protection law and regulation.

Under no circumstances can Bonjour-santé® and Bleen® be held liable for any damage caused by using the Services or for any other damage, direct or indirect, directly or indirectly sustained through the use of the Services, or for the inability to use the Services for any reason beyond the control of Bonjour-santé® and Bleen®. More specifically, Bonjour-santé® and Bleen® dny all liability, including, among others, any liability regarding any delay in providing the Services.

Information presented on the Websites is provided for information purposes only and cannot, under no circumstances, replace the advice, diagnostic or opinion of a doctor, pharmacist or any other health professional. Under no circumstances should you ignore the advice of a health professional or delay the moment to get such advice due to content you may have read on the Websites.

IF YOU FIND YOURSELF IN AN URGENT MEDICAL SITUATION, YOU MUST IMMEDIATELY CONTACT A HEALTH PROFESSIONAL, A DULY QUALIFIED HEALTH CARE PROVIDER OR A LOCAL EMERGENCY SERVICE.

If you rely on the information provided on the Websites, you do so at your own risk. Under no circumstances should you try to self-treat according to any information seen or read on the Websites. Without limiting the generality of the foregoing, Bonjour-santé® and Bleen® cannot be held responsible for any injury, even death, caused by your use or misuse of the Websites and any of their content.

7. INTELLECTUAL PROPERTY

  1. Licensing in favour of Bonjour-santé® and Bleen®. By submitting Content on the Websites, you are granting us an unlimited, permanent, transferable and non-exclusive license on the Content such as it is published on the Websites. You are allowing us to post it on the Websites. The Content may be reproduced, reused, re-broadcasted or modified in any manner or form without your prior consent.
  2. Licensing by Bonjour-santé® and Bleen®. Due to your browsing on the Websites, we are granting you a limited and non-exclusive license on the Content, allowing you to display and print the Content for your personal and non-commercial use, and to share it on various social media networks, subject to your commitment to not modify the Content in any way. Any other use of the Content is prohibited, including a use that is contrary to the stipulations outlined above in article 6. The Content may not be reproduced, reused, re-broadcasted in any manner or form other than those allowed  under the present Terms, without the prior written consent of Bonjour-santé® and Bleen®.
  3. Trademarks. The entire Content of the Websites belongs to Bonjour-santé® and Bleen® or belongs to the holder identified by the trademarks, and is protected by applicable laws, including copyright laws. You are strictly prohibited from copying, reproducing, publishing, re-broadcasting, transmitting or using the Content in any way without our prior written consent, except in accordance with the present Terms.

Furthermore, all trademarks, registered or not, and all business names included in the Websites belong to Bonjour-santé® and Bleen® or to the holder who soundly granted a user license.

8. THIRD PARTY WEBSITES

  1. Terms of use and privacy policies. You acknowledge that the Websites may use websites from third parties, including Facebook and Twitter. These websites are governed by their own terms of use, which do not replace or cancel the present Terms of use.

You will find the terms of use and privacy policies at the following addresses:

Facebook

Terms of use: https://www.facebook.com/policies/?ref=pf

Privacy policy: https://www.facebook.com/about/privacy/

Twitter

Terms of use: https://twitter.com/tos

Privacy policy: https://twitter.com/privacy


You acknowledge that Bonjour-santé® and Bleen® have not seen these policies and cannot provide any recommendation or advice pertaining to their content.

  1. Links. Our Websites may contain links to other websites belonging to third parties. In this regard, you acknowledge that Bonjour-santé® and Bleen® exercise no control over these websites and you acknowledge that they have not seen the entire content available on these websites, which are featured as links in the Content of the Websites. Therefore, Bonjour-santé® and Bleen® decline any responsibility relating to website content they have no control over. By accessing a website through a link included in the Content of the Websites, you do so at your own risk.

Finally, you recognize that the inclusion of such links absolutely does not mean that Bonjour-santé® and Bleen® are sponsoring the trademarks, business names, service brands, drawings, logos, symbols or any other copyright-protected element found through these links, that Bonjour-santé® and Bleen® are affiliated or associated to them, or that Bonjour-santé® and Bleen® are legally authorized to use them.

9. COMPENSATION

To the extent permitted by the law, in the event of any claim from a third party made to Bonjour-santé®, Bleen® or their representatives or agents in connection, directly or indirectly, to the breach of the present Terms by you, you agree to defend Bonjour-santé® and Bleen® and to indemnify them of any loss related to such claims, including legal fees.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BONJOUR-SANTÉ® AND BLEEN® TRY TO PROVIDE THE WEBSITES IN A SECURE AND FLAWLESS ENVIRONMENT. HOWEVER, YOU AGREE THAT YOUR USE OF THE WEBSITES AND YOUR ACTIONS OR OMISSIONS BASED ON THE INFORMATION PROVIDED ON THE WEBSITES ARE AT YOUR OWN RISK. BONJOUR-SANTÉ® AND BLEEN® PROVIDE THE WEBSITES “AS IS”, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTY CONCERNING THE ACCURACY OF THE INFORMATION. THERE IS ALSO NO WARRANTY THAT THE WEBSITES ARE FREE FROM ERRORS OR THAT THEY ARE ALWAYS FREE OF INTERRUPTIONS, DELAYS OR IMPERFECTIONS. TO THE EXTENT PERMITTED BY THE LAW, BONJOUR-SANTÉ® AND BLEEN® ASSUME NO LIABILITY TO YOU OR ANY OTHER PERSON RELATING TO LOSS AND DAMAGE, WHATEVER THEY MAY BE, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE THAT YOU MAY SUSTAIN, DIRECTLY OR INDIRECTLY, DUE TO THE USE OR FUNCTIONING OF THE WEBSITES, INFORMATION PROVIDED, YOUR ACTIONS OR OMISSIONS BASED ON INFORMATION PROVIDED ON THE WEBSITES OR THEIR CONTENT OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THE WEBSITES.

11. GENERAL PROVISIONS

  1. Failure. Bonjour-santé® or Bleen®’s failure to exercise or delay in exercising a right, appeal or privilege under the present Terms will not include a renunciation of such right, appeal or privilege. Also, Bonjour-santé® and Bleen®  are in no way time-barred to exercise subsequently a right, appeal or privilege, in whole or in part, that they did not previously exercise.
  2. Applicable law. These Terms of use, their interpretation, enforcement, application, validity and purposes are subject to the laws effective in the province on Quebec and to laws effective in Canada that apply to the province of Quebec, which govern all of the provisions they contain in whole or in part. Within the limits of the law, any claim, made directly or indirectly, under the present Terms of use will be submitted to the exclusive jurisdiction of the courts of Quebec, with the exclusion of courts from any other jurisdiction.

11. MISCELLANEOUS PROVISIONS

  1. Customer service. For more information on our Services and their features, or if you need help with your account, contact Bonjour-santé® and Bleen®’s customer service.
  1. Continued application. If one or more provisions of the present Terms of use are deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the other provisions will remain fully effective.
  1. Amendments made to the Terms of use and assignment. Bonjour-santé® and Bleen® may amend the present Terms of use, including the price of the Services, at any time. Bonjour-santé® and Bleen® will notify you at least thirty (30) days before new Terms of use become effective. We can surrender or assign the Terms of use and any agreement with you at any moment, without being required to notify you. You may refuse any such amendment by canceling your membership.
  1. Electronic communication. You consent to us sending you information about your account, including through electronic means, to any email address you will have provided us upon your registration.