1. Introduction

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 ClinicalHub Medical Services Inc. (ClinicalHub, 'us', 'we', 'our') website located at [https://www.clinicalhub.com/] (the 'Website'); (2) the ClinicalHub mobile phone application (the 'App') operating under the name “clinicalhub” and (3) the ClinicalHub 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 ClinicalHub, as described on the Website and App (collectively, the 'Platform').

For clarity, these Terms of Use set out circumstances in which you may use the Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to seek Healthcare Services as defined below (each a “Registered Dependent“).

These Terms of Use form an agreement between ClinicalHub 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, as hereinafter defined. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

These Terms of Use constitute a legally binding agreement between you and ClinicalHub regarding your access to and use of the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use. You should also read our Privacy Policy, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use the Platform.

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

ClinicalHub may immediately terminate these Terms of Use and/or access to the Platform or generally cease offering or deny access to the Platform or any portion thereof at any time, for any reason.

Do not use the Platform for medical emergencies. If you have a medical emergency you must contact emergency services in your area or go to the nearest hospital or healthcare centre. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

2. Provisions of the Platform

We hereby grant you permission to access and use the Platform solely for your personal non- commercial purposes and only as permitted by these Terms of Use.

You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.

3. 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 provided 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 ClinicalHub through the Platform; (2) if and as permitted by ClinicalHub and these Terms of Use, enable you to use the Platform and receive any services offered to you through the Platform including the support services provided by the personal health assistants ('Support Services'); (3) if applicable, facilitate any payments from you to ClinicalHub in respect of your use of the Platform or the receipt of any services through the Platform; and (4) if and as permitted by ClinicalHub and these Terms of Use, provide feedback and otherwise communicate with ClinicalHub in connection with anyof the foregoing ((1) through (4) collectively, in these Terms of Use defined as 'Platform Services').

ClinicalHub 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 ClinicalHub.

4. Telemedicine Consultations

Telemedicine refers to healthcare services provided at a distance using information and communications technologies, such as interactive messaging, audio and video technology. The Platform allows you to access quality medical and healthcare services (the “Healthcare Services”) from licensed or board-certified healthcare professionals from, including but not limited to, Canada, the United States of America, the United Kingdom, Australia, New Zealand, Sweden, Germany, the Netherlands, Denmark, Switzerland, Norway, Finland, France, and Israel, including but not limited to physicians, nurses, psychologists, dietician/ nutritionists (each, for the purposes of these Terms of Use, a “Healthcare Professional”) via a telemedicine consultation (“Consultation”).

During your Consultation with one of our Healthcare Professionals via the on-site Platform, you will also have an accredited physician on-site (“On-Site Physician”) from your local jurisdiction who will assist our Healthcare Professional in providing you the Healthcare Services. You, the Healthcare Professional, and the On-Site Physician will discuss your medical history, your symptoms, and any tests or treatment that you may require which will be facilitated through the On-Site Physician. The foregoing is not applicable if you consult one of our Healthcare Professionals via your mobile phones, laptops, iPads, or any other device from outside our Clinicalhub outlets. The Healthcare Professional may use the communication and interactive features of the Platform to assess your condition, order tests, or refer you to another healthcare provider for in-person examination, treatment or follow-up care.

Telemedicine is convenient and promotes access to healthcare. However, there are certain limitations and potential risks associated with telemedicine, including, but not limited to, the following:

1. Telemedicine is dependent on broadband infrastructure and Consultations are susceptible to degradation or loss of connection;
2. Not all health conditions can be adequately assessed through telemedicine due to technological limitations;
3. Delays in evaluation or treatment could occur due to failures of electronic equipment;
4. A Healthcare Professional may not have access to your up-to-date medical records, which may result in an inaccurate assessment and/or treatment plan; and
5. Although ClinicalHub protects your personal information and personal health information through integrated physical, technological and administrative safeguards, there is no guarantee against data breaches, which may result in the unauthorized collection, use and/or disclosure of your personal health information.

The Platform is not intended to replace your existing healthcare providers, such as your family doctor.

5. No Guarantee

ClinicalHub takes careful steps to verify the credentials and quality of the Healthcare Professionals and On-Site Physicians but we do not confirm their competency or their proficiency in the practice area in which they offer their services. We make no guarantees or representations regarding the skills or representations of the Healthcare Professionals or On- Site Physicians or the quality or accuracy of the Healthcare Services that such Healthcare Professionals or On-Site Physicians may provide.

ClinicalHub does not guarantee or warrant any Healthcare Professional or On-Site Physician’s performance or the outcome or quality of the healthcare services provided by a healthcare professional.

6. User Accounts

In order to use the Platform, you must register for a user account (“Account”). You must be at least 18 years of age to create an Account. You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents.

You are solely responsible for ensuring that you use the Platform in accordance with these Terms of Use in the jurisdiction where you are located at the time of a Consultation and as permitted by that jurisdiction’s law or regulation. If such use is not permitted by the laws or regulations applicable where you are located at the time of a Consultation, we prohibit allaccess to and use of the Platform. You agree to authorize your geolocation services in the App in order for ClinicalHub to ensure that the use of the Platform is in accordance with these Terms of Use in the jurisdiction where you are located at the time of a Consultation is permitted by that jurisdiction’s law or regulation.

As part of the registration process, you will be required to provide us with certain information, such as your full name, date of birth, email address, phone number, mailing address, a photo of your provincial/territorial health insurance card, and a password that is unique to the Account. You may also be required to provide us with payment and banking information to facilitate payments to and from your Account. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to transfer or sell your Account to any other person nor provide any other person with access to your Account.

7. Minors and Dependents

A child aged less than 14 (a “Minor”) or a Registered Dependent who lacks the necessary capacity to give valid consent to his or her medical treatment is not permitted to register for an Account. However, Registered Dependents may receive Healthcare Services via the Platform through their parent’s or legal guardian’s Account, provided that the parent or legal guardian is with the Registered Dependent when the Registered Dependent is using the Account. If you use your Account to obtain Healthcare Services for your Registered Dependent, you are responsible for complying with these Terms of Use.

A Healthcare Professional or On-Site Physician reserves the right to assess whether a person has the capacity to provide consent to his or her medical treatment on a case-by-case basis. If the Healthcare Professional or On-Site Physician determines that a person is a Registered Dependent, the Registered Dependent’s parent or legal guardian must abide by the terms defined in the preceding paragraph whenever the Dependent receives Healthcare Services.

8. Account Confidentiality

You agree that the Account that you use to access the App can only be used by you and that you will not share your password to access the App with anyone. You also agree that for any device on which you can use a biometric identifier to automatically enter your password for the App, including but not limited to a fingerprint or facial image, you will not allow any other person to store their biometric identifiers on that device. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of yourpassword. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.

9. Account Termination and Cancellation

We may terminate, suspend or otherwise restrict or prohibit your access to and use of your Account or the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

You have the right to close your Account at any time once all obligations associated with the Account have been completed. If you want to terminate your Account with us, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.

Subject to any applicable laws and the ethical and professional obligations of the Healthcare Professionals or On-Site Physicians providing Healthcare Services to you, we will have no further obligation of any kind whatsoever to you or any other party. We reserve the right to preserve, retain or delete your information, including personal information, in accordance with the Privacy Policy and any applicable laws and regulations.

You acknowledge and agree that if we disable access to your Account you will still be able to access records of your past Consultations but that you will be unable to initiate any new Consultations or obtain further Healthcare Services from ClinicalHub.

10. Privacy and Personal Health Information

ClinicalHub acknowledges that all personal information is confidential, and maintains its records in a secure environment. Individuals have a legal right to see or obtain copies of their personal health information, except in those cases where such knowledge could cause personal harm. Personal information on medical file at ClinicalHub is the property of ClinicalHub.

ClinicalHub will not sell your personal information for any purpose whatsoever.

Personal and/or Registered Dependents’ information is collected to ensure that the Healthcare Professionals and On-Site Physicians can provide comprehensive medical treatment, Healthcare Services, and diagnostic information. As a client of ClinicalHub, we may request demographic, health, medical, contact, insurance and payment information. All information is collected with your consent.

Within ClinicalHub, access to information is strictly controlled. Personal and personal health information is disclosed on a need to know basis to staff that require the information to perform their assigned duties to ensure high quality care. Only the least amount of health information necessary to carry out the intended purpose is collected, used and disclosed.

With your written consent, we will forward information to your family physician or another third-party service provider to ensure appropriate ongoing monitoring and long-term follow up. Your information will not be forwarded without your consent.

For more information, our collection, use, disclosure, retention and disposal and destruction of information are governed by our Privacy Policy, located at https://www.clinicalhub.com/ privacy_policy . You must review our Privacy Policy prior to agreeing to these Terms of Use as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms of Use.

11. Communications

If you are an existing client, the Platform may allow you to communicate with a Healthcare Professional or ClinicalHub employee by email or by some other electronic means. We may send you certain communications in connection with your use of the Platform. For example, we may send you reminders of your Consultations, administrative notices and other information about your use of the Platform. We will always send you communications containing your personal health information through our secure Platform or from our secure software. We will also try to send any other communications to you via secure channels. However, when we are unable to contact you via secure channels, we may be required to use an unsecured message. Unsecured messages or messages to family members will only include a request for you to contact us through our secure Platform. Any use or disclosure of personal information provided by you shall be in accordance with our Privacy Policy.

When you use the Website or Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement thatsuch notices and other communications be in writing. ClinicalHub may contact you by telephone, mail, or email to verify your account information. ClinicalHub may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. We reserve the right to suspend, discontinue, or deny your access to and use of the Website and the Platform until you provide the information to us as requested.

ClinicalHub does not guarantee the confidentiality of any communications made by you through the Platform. Although ClinicalHub 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 ClinicalHub cannot and does not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Platform.

12. Appropriate Use of the Platform

Your use of the Platform is subject to all applicable local, provincial/territorial/state, and federal laws and regulations.

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose.

You agree that you will not record and/or distribute in any way, manner or form any Consultation without our prior written authorization.

In addition, you agree that you will not use the Platform to:

1. Promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
2. Promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
3. Upload, post or otherwise make available any material that contains viruses, malware or other malicious software;
4. Upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
5. Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
6. Engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
8. Engage in any activity that attempts to extract any proprietary software used to maintain the Platform; or
9. Track, trace or harvest any information on any Account or any other person who visits the Platform.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach. In addition, ClinicalHub reserves the right to investigate, suspend and/or terminate and deactivate your Account if you engage in any of the above activities, misuse the Platform or otherwise engage in acts that ClinicalHub regards as inappropriate or unlawful.

You agree that no email address found on the Platform may be harvested or otherwise used for purposes of solicitation.

13. Speech and Conduct When Communicating with ClinicalHub Employees and Health Professionals

You acknowledge and agree that you will refrain from inappropriate language or conduct when communicating with ClinicalHub employees, Health Professionals, or On-Site Physicians, regardless of whether or not that language or conduct is specifically directed at the individual you are communicating with. Inappropriate language includes but is not limited to speech that is abusive, harassing, rude, discourteous, vulgar, hateful or defamatory, or which discriminates against other persons on the basis of gender, race, religion, ethnicity, sexual orientation, family status or disability. You also agree that you will not attempt to communicate with any ClinicalHub employee, Healthcare Professional, or On-Site Physician through any means other than the Platform, except when mutually agreed to.

14. Data Charges and Fees for Use of the Platform

You may access and use the Platform through the App loaded onto a mobile device or the Website via a web browser. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform.

By providing your mobile number, you are agreeing to be contacted by or on behalf of ClinicalHub at the mobile number you have provided, including calls and text messages, to receive information, Healthcare Service related, and marketing communications relating to the Website and Platform. Local service provider message and data rates may apply.

15. Fees/Physician Payment/Payment Options

Clinical Hub provides Healthcare Services for a fee. Where you have questions about fees charged for Healthcare Services, please contact us directly at info@clinicalhub.com.

You understand that you will be charged a fee for any Healthcare Services you receive from Healthcare Professional or On-Site Physician as part of a Consultation, unless the fees are paid by someone else as permitted under these Terms of use. All fees for Healthcare Services are in the United States Dollar (“USD”) and inclusive of all applicable taxes. There are two options available for payment: pay-per-consult or yearly subscription. These options are described below.

Pay-per-consult: You may pay the fees per consultation for the Healthcare Services (“Consult Fee”) at the time you request Healthcare Services. ClinicalHub requires you to submit credit card information prior to any Healthcare Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through the Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that ClinicalHub may validate your credit card and put a hold on it in the amount of the Consult Fee. ClinicalHub will notify you of any applicable Consult Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. ClinicalHub will provide you with a receipt for the Consult Fee after you pay.

Yearly subscription: ClinicalHub may allow you to purchase access to certain specified Healthcare Services during an annual term for a flat fee (“Subscription Fee”). ClinicalHub will notify you of the applicable Subscription Fee and the Healthcare Services that are covered by the Subscription Fee in any given year, and will have the Subscription Fee processed to your credit card before the first time you obtain Healthcare Services under your subscription. For the duration of your subscription, you will not be charged additional fees for any Healthcare Services covered by your subscription. The only additional fees would be for Healthcare Services you request that are outside of your subscription and accordingly not covered by your Subscription Fee. In the event of an increase in the Subscription Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Subscription Fees are non-refundable, except where ClinicalHub terminates your access to the Platform, in which case ClinicalHub will give you a pro-rata refund of your Subscription Fee. For clarity, ClinicalHub will refund the portion of your Subscription Fee corresponding to the number of months remaining on your membership on the date of termination.

If a third party (e.g., such as an employer or supplemental health insurance provider) has arranged with ClinicalHub to pay the Fee or Subscription Fee or any portion of the Fee or Subscription Fee, or if the Fee or Subscription Fee is pursuant to some other arrangement with ClinicalHub, that Fee or Subscription Fee adjustment will be reflected in the Fee or Subscription Fee that you are ultimately charged. ClinicalHub 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.

ClinicalHub may require you to provide and keep updated 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 ClinicalHub in its sole discretion. You hereby authorize ClinicalHub 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 ClinicalHub of overdue payments) as ClinicalHub may from time to time set out on the Website in respect of late or overdue payments, or declined or unsuccessful Payment Method transactions.

You agree that you will pay for the Consult Fee, Subscription Fee, or other applicable fees, through our platform and that you will not pay any Healthcare Professional or On-Site Physician directly for a Consultation. All payments must be made through ClinicalHub.

16. Cancelling a Consultation

For Consultations with a ClinicalHub Healthcare Professional or On-Site Physician you may cancel any scheduled Consultation with two-hour notice without incurring any cancellation fees. Any late cancellation or missed appointment will be noted in your file and you will be charged a $50.00 fee after 2 missed appointments.

17. Links to Third-Party Sites

Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third-party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such website. The third-party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third-party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third-party websites.

18. Referral Services

In the event that our services provided to you are limited to arranging for a medical consult and/or treatment or medical procedures, we accept no responsibility of any kind for the services provided by a treating physician or surgeon or for payments of any such services or operations or treatments.

19. Ownership and Content

The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Contents.

The Platform together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Platform, is the exclusive property of ClinicalHub, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms of Use gives you a right to use any of the Contents, our trade-marks or other intellectual property of ClinicalHub. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.

No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of ClinicalHub or any third party. You must not alter, delete, or conceal any copyright or other noticescontained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform.

None of the information or materials available through the Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for diagnostic and informational purposes only.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

20. Third-Party Information

Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Healthcare Professionals or On-Site Physicians, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us.

We disclaim any warranty or representation, either express or implied, that the information in such publications is accurate or complete.

21. Disclaimer

The Website, Content and the Platform are provided “as is” and “as available.” The material provided within this Website and on the Platform is designed for diagnostic and informational purposes only and is not intended to provide medical advice or care nor is it intended to be a substitute therefor. You should seek the advice of your physician or qualified healthcare professional in your local jurisdiction regarding any questions you may have regarding information obtained by using the Platform. Do not disregard professional medical advice or delay in seeking it because of something you may have read on this Website or the Platform. ClinicalHub assumes no responsibility for how the information presented is used or interpreted.

You agree that you bear all risk associated with the use of or reliance on the Healthcare Services, and release and hold ClinicalHub, Healthcare Professionals, and On-Site Physicians providing Healthcare Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by ClinicalHub, Healthcare Professionals,and On-Site Physicians directly or indirectly as a result of, in respect of, or arising out of your reliance on the Healthcare Services.

To the fullest extent permitted by law, ClinicalHub 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 ClinicalHub 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 ClinicalHub 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. In addition, ClinicalHub makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services requested through the use of the Platform. ClinicalHub does not guarantee the quality, suitability or safety of Healthcare Services.

You acknowledge and agree that your access and use of the Website, Content and Platform is entirely at your own risk and liability.

22. Limitation of Liability

Under no circumstance shall ClinicalHub 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 Platform and/or Healthcare Services provided Healthcare Professionals or On-Site Physicians. ClinicalHub, its physicians, 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 Platform and/or Healthcare Services, or your inability to access or use the Platform and/or Healthcare Services; or (ii) any transaction or relationship between you and a Healthcare Professional or On-Site Physician. ClinicalHub shall not be liable for delay or failure in performance resulting from causes beyond ClinicalHub’s reasonable control. You agree that ClinicalHub has no responsibility or liability to you related to your use of the Website, Platform, or the Healthcare Services provided to you by Healthcare Professionals or On-Site Physicians.

23. Connectivity

ClinicalHub shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet, electronic communications, telecommunications networks or other systems or networks outside our reasonable control.

24. Indemnification

You agree to indemnify and hold ClinicalHub (which in this paragraph includes its directors, officers, employees, physicians, agents and shareholders) 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 Platform, Healthcare Services obtained through your use of the Platform; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Healthcare Professionals or On-Site Physicians, other Account users, any person on whose behalf you request Healthcare Services, and/or referred friends; or (iv) any other materials or information (including any documents, data, specifications, software, Content or technology) provided by or on behalf of ClinicalHub. Through the Platform, you may use certain services that are not provided by ClinicalHub and that we identify to you for your convenience, e.g., prescription delivery services. To the extent that a service is not provided by ClinicalHub, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not ClinicalHub.

25. Prescription Policy

ClinicalHub does not endorse any specific medication, pharmacy, or pharmacologic product. If a Healthcare Professional or On-Site Physician prescribes a medication, he/she will limit supply based upon local jurisdiction regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. Healthcare Professional or On-Site Physicians reserve the right to deny care for actual or potential misuse of the Healthcare Services.

You agree that any prescriptions that you acquire from a Healthcare Professional or On-Site Physician will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

26. Availability of Services

ClinicalHub operates subject to local jurisdiction regulations and the Healthcare Services may not be available in your area. You represent that you are not a person barred from enrolling for and/or receiving the Healthcare Services under the laws your applicable jurisdiction. Access to and use of the Website, Platform, and/or the Healthcare Services is limited exclusively to users located where the Healthcare services are available.

27. Obtaining Consent

To request our consent for any of the actions for which such consent is required under these Terms of Use, please send an email to info@clinicalhub.com We reserve the right to refuse any such requests in our sole discretion.

28. General

These Terms of Use constitute the entire agreement between ClinicalHub 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 ClinicalHub 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'.

ClinicalHub'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 rights.

These Terms are not assignable, transferable, or to be sub-licensed by you except with ClinicalHub’s prior written consent. ClinicalHub may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

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.

29. Contact Us

If you have questions about the ClinicalHub Platform or its use, you can contact ClinicalHub Support by sending an email to info@clinicalhub.com or at the address below.

ClinicalHub Medical Services Inc.

2711 Avonhurst Drive

Regina, Saskatchewan

Canada S4R 3J3

Tel: (306) 543-4566

Fax: (306) 543-4441