Gngr Platform Terms of Use (User Agreement)

Gngr last updated the Terms of Use (User Agreement) (“Terms”) on September 4, 2023.We reserve the right to amend the Terms at any time to account for changes in applicable law and regulations, our services, our practices, and/or the Gngr Platform. Please check to see if we have amended these Terms since you last used the Gngr Platform. We may but are not obligated to post notice of amendments. By using the Gngr Platform or participating in any Gngr Programs after the amendment of these Terms, you are agreeing to comply with and be bound by the amended.

A. The Gngr Platform and Services

Great Nutrition Great Results inc. (“Gngr”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products, and services (collectively referred to as the “Gngr Platform”). The Gngr Platform enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio, and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through the Gngr Platform are referred to in these Terms collectively as “Healthcare Services”). In addition, Gngr provides optional services at a User’s direction. Gngr may make additional optional services available to Users from time to time.

B. Eligibility

In order to open an account to use the Gngr Platform ("G-Account"), you must:

be at least 18 years of age, be associated with and meet the age and other eligibility requirements established by an institutional client of Gngr (see Section O(3), "Third Party Payment/Coverage") and be registered by that client (for example, international students in Canada whose User fees are paid by an insurance provider registered with Gngr);
be a temporary or permanent resident of a province or territory of Canada ("Residency Requirements"); and
register with Gngr.

Users may register individuals for whom they have the legal right to make healthcare decisions ("Registered Dependents") and use the Gngr Platform on their behalf. Users are required to create a separate "profile" for each Registered Dependent, which includes their name and other personal information. Where you are using the Gngr Platform on behalf of Registered Dependents, the terms "you" and "your" in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires Gngr to accept any registrant as a User, notwithstanding that the registrant meets Gngr's eligibility requirements as amended from time to time. Supplementary Terms specific to certain users may also apply. Supplementary Terms are incorporated into and become part of these Terms.

C. Agreement with Gngr

These Terms govern Users' access to and use of the Gngr Platform. On acceptance by a User, these Terms constitute a binding agreement between Gngr and the User. These Terms also govern a User’s participation in Gngr’s Programs (collectively "Gngr Programs"). By using the Gngr Platform, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the Gngr Platform and participating in any Gngr Programs.

D. User representations and warranties

You represent and warrant (promise) to Gngr and acknowledge that Gngr is relying on your representations and warranties that:

you and your Registered Dependents meet the Residency Requirements and will continue to do so at the point in time that you request and that Healthcare Services are provided;
you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and
you will use the Gngr Platform solely for your personal and non-commercial use.

E. Nature and Scope of Healthcare Services

Authorized Providers, Relationship with User. Only regulated health professionals (Authorized Providers) may provide Healthcare Services to Users through the Gngr Platform. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. "Authorized Physicians" are physicians registered to practice medicine in at least one province or territory of Canada. "Authorized Non-Physician Providers" are regulated health professionals other than physicians (such as psychotherapists or nurses) registered to practice their profession in a province or territory of Canada.

Telehealth licensing requirements. Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you. We display the jurisdiction in which Authorized Providers are located when we connect you to them for a consultation. The information is available on our app. If you would like more information, please consult the regulator (generally referred to as the "College" of a regulated health profession, for example the "College of Physicians and Surgeons") of which the Authorized Provider is a member. Most if not all health profession regulators in Canada maintain a register of their members accessible through their website.

Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one. Gngr does not provide your primary care provider with a report of the Healthcare Services that you receive. We strongly recommend that you at least notify your primary care provider that you received, and the reason for which you received Healthcare Services so that your primary care provider can take them into account, including any medications prescribed for you.

F. Healthcare Services Terms of Use

As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

The Gngr Platform is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While Gngr facilitates access to Healthcare Services provided by Authorized Providers, it is not registered to provide Healthcare Services and does not do so as more particularly described below.
Authorized Providers are independent contractors who have chosen to use the Gngr Platform to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of Gngr in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which Gngr is not a party.
AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING, AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW.
As the rules regarding telehealth differ (or may differ from time to time) among the provinces and territories, the Healthcare Services that are available to you will depend on your province or territory of residence and the location you are in at the time you request the services.
You will only request Healthcare Services for you or for your Registered Dependents.
As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
You are responsible for providing the Authorized Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services.
As with any other healthcare service, there are risks associated with the use of the Healthcare Services. Other risks of the use of electronic means to transmit and store information are described in Gngr’s Privacy Policy, which forms part of these Terms.
THE GNGR PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
The following symptoms are NOT eligible to be treated through the Healthcare Services: chest pains; difficulty breathing; fever in children under the age of 3 months; blackouts or feeling like you may blackout; any impairment in level of consciousness; stroke-like symptoms such as impaired sensation or paralysis on one side of your body; inability to speak or comprehend language; any abdominal pain severe enough that you are unable to comfortably walk.
Unless they have an ongoing treating relationship with you, Authorized Providers are NOT permitted to prescribe certain kinds of medication including narcotics, controlled substances, or other types of controlled medications, non-therapeutic drugs, and other drugs that may be harmful because of their potential for abuse.
ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL 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 OR MEDICATION.
You will not report drug reactions, side effects, or adverse events through the Gngr Platform. You will report any medication reactions, side effects, or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911.
You will seek emergency help or follow-up care when recommended by an Authorized Provider.

G. Technology-related Terms

As a term and condition of using the Gngr Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

You are prohibited from and will not:

remove or alter any copyright, trademark, brand elements or other proprietary notices;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Gngr Platform except as expressly permitted by Gngr;
decompile, reverse engineer or disassemble the Gngr Platform;
link to, mirror or frame any portion of the Gngr Platform;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Gngr Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Gngr Platform;
attempt to gain unauthorized access to or impair any aspect of the Gngr Platform, or its related systems or networks;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
use the Gngr Platform in a manner that violates any laws.

You will:

keep secure and not disclose to anyone your G-Account username and password; and
refrain from using abusive language or inappropriate conduct when communicating with anyone through the Gngr Platform, including Authorized Providers.

You will not contact Authorized Providers in respect of Healthcare Services except through the Gngr Platform. For clarity, Gngr has no interest in or control over any interaction that you may have with Authorized Providers that is unrelated to Healthcare Services or your use of the Gngr Platform.
Unless otherwise permitted by Gngr in writing, you may only have one G-Account.
You are responsible for all activity that occurs under your G-Account.

H. Business Terms

As a term and condition of using the Gngr Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

You will be charged a provider fee for any Uninsured Healthcare Services you receive from an Authorized Provider (the “Provider Fee”) as well as a service fee for your related use of the Gngr Platform (the “Service Fee”, and together with the Provider Fee, the “Fees”), unless these fees are paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Gngr.
Like certain other health professional services, when Healthcare Services are not covered or insured by the health plan of your province or territory of residence (“Health Plan”), these Healthcare Services require the payment of a fee (these for a fee Healthcare Services are hereafter referred to as the “Uninsured Healthcare Services”. . The fees charged to Users for Healthcare Services are only for Uninsured Healthcare Services.
Healthcare services that are covered by your Health Plan do not require a payment by you of the Fees if you meet the eligibility criteria set out by your Health Plan (the “Insured Healthcare Services”). You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact us if you have questions about fees charged for Healthcare Services.

I. Privacy

PHI you provide to Authorized Providers is collected by the Authorized Providers, as explained in the Privacy Policy. As the Privacy Policy forms part of these Terms, it is essential that you review the Privacy Policy prior to agreeing to these Terms.

J. Termination, Effect of Termination

On notice to you, Gngr may immediately, at any time and for any reason, terminate your access to the Gngr Platform and/or your participation in any Gngr Programs, or cease providing the Gngr Platform or any portion of the Gngr Platform and/or any Gngr Programs. Gngr has the right to select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to the Gngr Platform or participate in any Gngr Programs, notwithstanding that you or Gngr choose to terminate your use of one but not both (or only a portion) of the Gngr Platform and Gngr Programs. On termination of your Gngr Account, Gngr will have no further obligation to provide you with access to the Gngr Platform. You may close your Account at any time, for any reason, by contacting support.

K. Ownership (Intellectual Property Rights)

The Gngr Platform, all content and rights therein, except PHI, are and will remain Gngr’s property or the property of Gngr’s licensors. Neither these Terms nor your use of the Gngr Platform convey or grant to you any rights to use or reference in any manner Gngr’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Gngr’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.

L. Content

None of the information or materials (collectively, "Content") available through the Gngr Platform with the exception of Healthcare Services is health professional 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 informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the Gngr Platform could include technical, typographical, or photographic errors. Gngr does not warrant that any of the materials provided are accurate or current.

M. Disclaimer

THE GNGR PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” GNGR 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, GNGR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF THE GNGR PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GNGR DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE GNGR PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY GNGR PROGRAM AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO GNGR IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).

N. Limitation of Gngr’s Liability

GNGR, (WHICH IN THIS SECTION N INCLUDES 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 GNGR PLATFORM AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE GNGR PLATFORM AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., GNGR 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 GNGR PLATFORM.

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL GNGR 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 GNGR PLATFORM AND/OR HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.

O. Indemnity

You agree to indemnify and hold Gngr (which in this Section includes its directors, officers, employees, 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 Gngr Platform and Healthcare Services obtained through your use of the Gngr Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Providers, other Users, any person on whose behalf you request Healthcare Services, and/or referred friends. Through the Gngr Platform, you may use certain services that are not provided by Gngr and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by Gngr, 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 Gngr.

P. General Provisions

Entire Agreement: These Terms constitute the entire agreement and understanding of Gngr and you with respect to their subject matter, and replace and supersede all prior or contemporaneous agreements or undertakings regarding the subject matter.

Governing Law: These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the Gngr Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Toronto, Ontario.

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

Links to External Websites: We provide links on the Gngr Platform to other websites or resources, including those operated by parties other than Gngr, for your convenience. Gngr is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy of the operators of the external websites or resources. You access and view any third-party websites or resources at your own risk. For clarity, Gngr is not responsible even when we link you to those resources or refer you for your convenience.

Use of Non-Identifiable Data: If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

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.

Contact Us: If you have questions about the Gngr Platform or its use, you can contact Gngr Support by sending an email to support@gngr.org.