Website Terms and Conditions

Thank you for visiting Nightingale Clinic’s website.

These terms and conditions (the "Terms" or "Terms and Conditions") govern your use of, and access to, www.nightingaleclinic.ca (the "Website") which is operated by Nightingale Proactive Health Management Inc. (“Nightingale Clinic”, "us", "we", or "our").

Please read these Terms and Conditions carefully before using the Website. You should also read our Privacy Policy which is incorporated by reference into this Terms and Conditions.

By accessing, browsing and/or using webpages or other digital content in the Website, you accept, without limitation or qualification, to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not access or use the Website.

CONSENT

You agree that your use of the Website and any uses of any services or materials are subject to your agreement with all of these Terms and Conditions and our Website Privacy Policy. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy. In addition, you also agree that your use of the Site will also be subject to such other policies and procedures as may be conveyed to you by us from time to time. You agree that you will not violate any local, state, federal or international laws in using this Website or accessing any material on this Website.

MEDICAL DISCLAIMER

IF YOU HAVE A MEDICAL EMERGENCY, CALL A QUALIFIED HEALTHCARE PROVIDER, OR CALL 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. OUR EMAIL ADDRESSES ARE NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES AND WE CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO CONTACT US VIA EMAIL IN THE EVENT OF A MEDICAL EMERGENCY.

Do not use the Website for medical emergencies. The content on this Website is for educational and informational purposes only and is designed to support, not replace, the relationship that exists between patient/site visitor and his/her healthcare provider. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website. Information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute thereof. Always seek the advice of your qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

CANCELLATION POLICY

We are committed to providing exceptional care to all of our clients. We understand that you may need to cancel an appointment occasionally. To ensure we can serve as many individuals as possible, we have established a cancellation policy. By implementing this policy, we hope to provide flexible and timely care to all of our clients, respect the time of our healthcare professionals, and to maintain high-quality services.

If you need to cancel or reschedule your appointment, contact us no later than 48 hours before your scheduled appointment time, this allows us sufficient time to offer the slot to another client in need. You can cancel/reschedule by contacting the clinic at contact@nightingaleclinic.ca

No-show policy- If you do not show up for your appointment, or cancel or reschedule within 48 hours of your appointment time, we will consider that a no-show. No-show appointments will be subject to a cancellation fee. Cancellation fees are the patient’s sole responsibility and must be paid in full before your next appointment. 

If our office must cancel your appointment with less than 48 hours notice, you may choose to meet with a different provider (if available) on the same day, to reschedule, or to cancel. In these circumstances, we will not charge you a cancellation fee.

PURCHASES

If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

AVAILABILITY, ERRORS, AND INACCURACIES

In order to provide exceptional service and accuracy, we regularly update the products and services on the Website.

We cannot and do not guarantee the accuracy, adequacy or completeness of any information, including prices, product images, specifications, availability, and services. We are not responsible for any errors or omissions or for the results obtained from the use of such information, and we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Website may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on the Website and in our advertising on other websites.

SECURITY

All forms that request personal information (name, address, email address, etc.) are secure and provide encrypted transmission over the Internet. Please refer to our Website Privacy Policy for more information concerning encryption technology utilized by Nightingale Clinic and to understand how any personal health information that you submit via the Website will be treated.

ACCOUNTS

When you create an account with us, you must provide us with health and personal information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Website.

You are solely responsible for safeguarding and keeping confidential the username and password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

CHILDREN

Except as otherwise indicated, Nightingale Clinic does not knowingly or intentionally collect personal information from children under age 18. The content of our Website is directed at adults, and therefore this site is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for help in using this Website.

INTELLECTUAL PROPERTY

The Website and all contents, including but not limited to text, images, graphics or code are the sole and exclusive property of Nightingale Proactive Health Management Inc. unless otherwise noted and are protected by copyright, trademarks, database and other intellectual property rights. You acquire no right, title, license or interest therein or thereto through the use of this Website.

You may display and copy, download or print portions of the material from the different areas of the Website only for your own personal non-commercial use, or to place an order with Nightingale Clinic.

Except with prior written permission of Nightingale Clinic, any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Nightingale Clinic or its associates or affiliates. Nothing in this Website should be construed as granting any right or license to use any trademark without the written permission of its owner.

You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.

Reprint rights do not allow you to repackage, sell, resell, post on blogs or any other website, display, republish, reproduce, link or frame or store any material without expressed written permission.

LINKS TO OTHER WEBSITES

The Website may contain links to third-party websites or services that are not owned or controlled by Nightingale Clinic.

Nightingale Clinic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Once you link to another site, you are subject to the privacy policy of that site.

You further acknowledge and agree that Nightingale Clinic 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 content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

INBOUND LINKS

You may not, under any circumstances, establish a link to the Website without the express written consent of the Nightingale Clinic, including but not limited to deep linking.

TERMINATION

We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nightingale Clinic, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (i) legal and accounting fees resulting from your use of the Website; (ii) your breach of any of these Terms; (iii) anything you post on or upload to the Website; and (iv) any activity related to your account.

This includes any negligent or illegal conduct by you, any person or entity accessing the Website using your account whether such access is obtained via fraudulent or illegal means.

LIMITATION OF LIABILITY

Nightingale Clinic, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Website; (ii) your inability to access or use the Website; (iii) any conduct or content of any third-party on or related to the Website; (iv) any content obtained from or through the Website; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER AND NON-WAIVER OF RIGHTS

Nightingale Clinic makes no guarantees, representations or warranties of any kind as regards the Website and associated technology.

Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website is at your sole risk.

The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Nightingale Clinic its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

If you breach any of these Terms and Nightingale Clinic chooses not to immediately act, or chooses not to act at all, Nightingale Clinic will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Nightingale Clinic does not waive any of its rights.

Nightingale Clinic shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

EXCLUSIONS

As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable without regard to its conflict of laws provisions. You agree to be bound and shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements, oral or otherwise, regarding the Website.

CHANGES

We reserve the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website or these Terms (or any part thereof). The modified terms of use will be effective upon posting on our Website.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website. To remain in compliance, Nightingale Clinic suggests that you review the Terms, as well as the other website policies listed above, at regular intervals.

CONTACT INFORMATION

Questions about these Website Terms and Conditions should be sent to us at contact@nightingaleclinic.ca