Terms of Use

Last updated: Sept 16, 2022

Farsk Prescription - Terms of Use

Farsk Health reserves 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 Farsk Platform. Please check to see if we have amended these Terms since you last used the Farsk Platform. We may but are not obligated to post notice of amendments. By using the Farsk Platform or participating in any Farsk Programs after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms.

A. Farsk Health Prescription and Services.

Farsk Corporation (“Farsk”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Farsk Platform”). Farsk Health Prescription 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 Farsk Health Prescription are referred to in these Terms collectively as “Healthcare Services”). Farsk Health Prescription also enables Users to store certain personal and personal health information (collectively “PHI”), share their PHI with Authorized Providers, electronically receive and store prescriptions, sick notes and other documents. In addition, Farsk provides optional services at a User’s direction. Those services include Farsk securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice, securely faxing prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready for pick-up, opening an account for Users with a prescription delivery service, and where available, securely transmitting User information to a prescription delivery service. Farsk may make additional optional services available to Users from time to time.

B. Eligibility.

In order to open an account to use Farsk Health Prescription (“Farsk User 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 Farsk (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 Farsk); be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements”); and register with Farsk.

Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use Farsk Health Prescription on their behalf. Users are required to create a separate “profile” for each Registered Dependent, which includes his or her name and other personal information. Where you are using Farsk Health Prescription on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires Farsk to accept any registrant as a User, notwithstanding that the registrant meets Farsk’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 Farsk.

These Terms govern Users access to and use of Farsk Health Prescription. On acceptance by a User, these Terms constitute a binding agreement between Farsk and the User. These Terms also govern a User’s participation in Farsk’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively "Farsk Programs"). By clicking on the “I accept” button below, 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 Farsk Health Prescription and participating in any Farsk Programs.

D. User representations and warranties.

You represent and warrant (promise) to Farsk and acknowledge that Farsk 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 Farsk Health Prescription solely for your personal and non-commercial use.

E. Nature and Scope of Healthcare Services

Authorized Providers, Relationship with User. Only regulated health professionals may provide Healthcare Services. 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. In some cases, the information is available on our website. 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. Farsk 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. Your primary care provider may ask you to describe what the Authorized Provider found. To assist you in providing that information, Farsk Health Prescription enables you to send a summary of your Healthcare Services to the healthcare provider of your choice.

F. Healthcare Services Terms of Use.

As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING. Farsk Health Prescription is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While Farsk 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 Farsk Health Prescription to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of Farsk in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which Farsk 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 health care service, there are risks associated with the use of the Healthcare Services. In addition to any risks communicated to you by your Authorized Provider, there are risks unique to telehealth, which include that Farsk Health Prescription may not permit the transmission of information in a way that allows the Authorized Provider to provide Healthcare Services (for example, due to poor resolution of images). Other risks of the use of electronic means to transmit and store information are described in Farsk’s Privacy Policy, which forms part of these Terms and is posted at www.farsk.health/privacy (“Privacy Policy”). Farsk Health Prescription 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 to 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, which 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 Farsk Health Prescription. 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 Farsk Health Prescription, 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 Farsk Health Prescription except as expressly permitted by Farsk; decompile, reverse engineer or disassemble Farsk Health Prescription; link to, mirror or frame any portion of Farsk Health Prescription; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Farsk Health Prescription, or unduly burdening or hindering the operation and/or functionality of any aspect of Farsk Health Prescription; attempt to gain unauthorized access to or impair any aspect of Farsk Health Prescription, or its related systems or networks; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; use Farsk Health Prescription in a manner that violates any laws. You will: keep secure and not disclose to anyone your M-Account username and password; and refrain from using abusive language or inappropriate conduct when communicating with anyone through Farsk Health Prescription, including Authorized Providers. You will not contact Authorized Providers in respect of Healthcare Services except through Farsk Health Prescription. For clarity, Farsk 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 Farsk Health Prescription. Unless otherwise permitted by Farsk in writing, you may only have one M-Account. You are responsible for all activity that occurs under your M-Account.

H. Business Terms.

As a term and condition of using Farsk Health Prescription, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING. Like certain other health professional services, Healthcare Services are provided for a fee. The fees for Healthcare Services are only for services that are not covered by the health plan of your province or territory of residence (“Plan”). You will be charged a fee for any Healthcare Services you receive from an Authorized Provider, unless the fee is paid by a third party payer (for example, your employer or insurer) that has entered into an agreement with Farsk. 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. The Privacy Policy also describes Farsk’s collection, use, disclosure, retention, and destruction of PHI. 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, Farsk may immediately, at any time and for any reason, terminate your access to Farsk Health Prescription and/or your participation in any Farsk Programs, or cease providing Farsk Health Prescription or any portion of Farsk Health Prescription and/or any Farsk Programs. Farsk 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 Farsk Health Prescription or participate in any Farsk Programs, notwithstanding that you or Farsk choose to terminate your use of one but not both (or only a portion) of Farsk Health Prescription and Farsk Programs. On termination of your M-Account, Farsk will have no further obligation to provide you with access to Farsk Health Prescription, except to the extent that Farsk has an obligation to provide you with access to your PHI. You may close your Account at any time, for any reason, by logging in to your M-Account at https://app.farsk.health/login. Our management of your PHI on the closure of your M-Account is described in the Privacy Policy.

K. Ownership (Intellectual Property Rights).

Farsk Health Prescription, all content and rights therein, except PHI, are and will remain Farsk’s property or the property of Farsk’s licensors. Neither these Terms nor your use of Farsk Health Prescription convey or grant to you any rights to use or reference in any manner Farsk’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Farsk’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 Farsk Health Prescription 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 Farsk Health Prescription could include technical, typographical or photographic errors. Farsk does not warrant that any of the materials provided are accurate or current.

M. Disclaimer.

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

N. Limitation of Farsk’s Liability.

FARSK HEALTH, (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 Farsk Health Prescription AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE Farsk Health Prescription AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., Farsk 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 Farsk Health Prescription. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL Farsk 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 Farsk Health Prescription AND/OR HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.

O. Indemnity.

You agree to indemnify and hold Farsk (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 Farsk Health Prescription and Healthcare Services obtained through your use of Farsk Health Prescription; (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 Farsk Health Prescription, you may use certain services that are not provided by Farsk and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by Farsk, 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 Farsk.

P. Fees, Payment Options.

The following are the payment options used by Farsk. Not all options are available to all Users. Pay-per-visit option. You may pay the fees for Healthcare Services (“Fees”) at the time you request Healthcare Services. Farsk requires you to submit credit card information prior to the provision of any Healthcare Services for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through Farsk Health Prescription 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 Farsk, on behalf of Authorized Providers, may validate your credit card and put a hold on it in the amount of the Fees. Farsk will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. Farsk will provide you with a receipt for the Fees you pay. Membership option. Farsk may allow you to purchase access to certain specified Healthcare Services during a fixed membership term for a flat fee (“Membership Fee”). Farsk will notify you of the applicable Membership Fee and the Healthcare Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services under your membership. For the duration of your membership, you will not be charged additional fees for any Healthcare Services covered by your membership. The only additional fees that would be charged to you would be for Healthcare Services that you request that are outside of your membership and accordingly not covered by your Membership Fee. For access to Healthcare Services not covered by your membership, you must use the pay-per-visit-option. Your membership will automatically renew until cancelled by you in the billing section of your M-Account settings. In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership. Your Membership Fee is non-refundable, except where Farsk terminates your access to Farsk Health Prescription, in which case Farsk will give you a pro rata refund of your Membership Fee. For clarity, Farsk will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination. Third Party Payment/Coverage. Farsk may permit a third party (for example, an employer or insurer) to pay the Fees and/or Membership Fee, (the third party and Farsk determine which of these payment options apply), for some or all Healthcare Services provided to a User or group of Users. In these circumstances, Farsk has a contract with the third party under which the third party discloses personal information including the name, email address and other contact information of the User(s) for whom they will pay the Fees or Membership Fee for some or all Healthcare Services. Please consult our privacy policy for more information about the personal information we collect from third party payers. Farsk is not a party to and has no control over the agreement between any User and third party payer. Coverage by a third party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fee. As above, supplementary terms may apply to Users who have third party coverage. Farsk will inform Users of any changes to or termination of their third party coverage. Users whose third party coverage is terminated may be given the option of continuing to use Farsk Health Prescription under their existing M-Account so long as they pay the Fees or Membership Fee. Administration of Fees Paid to Authorized Providers. We charge Authorized Providers a service fee for using Farsk Health Prescription, which we deduct from the fees paid for Healthcare Services, which accrue to Authorized Providers. Farsk facilitates payment of the fees to Authorized Providers. Payment of the fees through the credit card validation and processing arrangement described above will be considered the same as payment made directly to the Authorized Provider. Currency, Taxes. All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.

R. General Provisions

Entire Agreement. These Terms constitute the entire agreement and understanding of Farsk and you with respect to their subject matter, and replaces and supersedes 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 Farsk Health Prescription, 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 Farsk’s prior written consent. Farsk may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Links to External Websites. We provide links on Farsk Health Prescription to other websites or resources including those operated by parties other than Farsk for your convenience. Farsk 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, Farsk is not responsible even where we link you to those resources or refer you for your convenience. 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.

S. Refund Policy

No Refunds will be provided unless the treatment is denied by the prescriber

Contact Us

If you have questions about Farsk Health Prescription or its use, you can contact us by email: info@farsk.health