Terms of Service
1. Your Acceptance
Welcome to the Rising Rose Wellness terms of service (the “Terms of Service”). These Terms of Service are between Rising Rose Wellness (“Rising Rose”, “us”, “we” or “our”), the owner and operator of https://www.risingrosewellness.ca/ website (the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site and any services and content accessible via the Site (collectively, the “Services”). These Terms of Service govern your access and use of the Services. We may revise these Terms of Service at any time. Use of the Services after such changes are made will constitute your acceptance of the revised Terms of Service. Please review these Terms of Service periodically.
These Terms of Service incorporate by reference the privacy policy posted by us on our Site (the “Privacy Policy”), and any other policies posted by us on our Site from time to time and expressly referencing these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RISING ROSE, AND ARE DEEMED ACCEPTED BY YOU UPON YOUR FIRST ACCESS AND/OR USE OF ANY OF THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE ANY OF THE SERVICES.
2. Overview of Services
Subject to payment of any applicable fees and the satisfaction of any other applicable terms expressly provided on the Site, Rising Rose authorizes you to access and use the Services for your personal noncommercial use in accordance with these Terms of Service. You agree that your access and use of Services is at your own risk and liability, and that Rising Rose is released of any liability in connection with same. To use certain features of the Site, you may be asked to create an account. You are solely responsible for: (a) all activity that occurs under your account; (b) providing true, accurate, current and complete information about yourself; (c) maintaining and promptly updating the information to ensure it remains accurate, current and complete; and (d) keeping the confidentiality of your username and password.
3. Responsible Use
In accessing and using the Services, you must not: (a) breach or circumvent any applicable laws or any third-party rights; (b) use the Services if you are not able to form legally binding contracts (i.e. lacking legal capacity with respect to age, mental capacity or other factor), or are temporarily or indefinitely suspended from using the Services; (c) transfer your Rising Rose account to another party without our consent; (d) add any other user to your mailing list; (e) distribute viruses or any other technologies that may harm Rising Rose; (f) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior written consent of Rising Rose; (g) interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; (h) infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights (collectively, the “Intellectual Property Rights”) that belong to or are licensed to Rising Rose; (i) circumvent any technical measures we use to provide the Services or take any action to violate, interfere with or undermine the security or system integrity of the Services; (j) reproduce, copy, modify, adapt, exploit for commercial purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or any part thereof except with the prior written consent of Rising Rose or in the ordinary and prescribed use of the Services; (k) take any action that would damage, harm, or diminish Rising Rose’s reputation, goodwill, or public image; or (l) represent or suggest that Rising Rose endorses any user, business, product, or service, except with the prior written consent of Rising Rose.
If Rising Rose determines, in our sole discretion, that you are abusing the Services or failing to comply with these Terms of Service, we may, without limiting any other available remedies, limit, suspend or terminate your user account and access to our Services, and take technical and/or legal steps to prevent you from using our Services.
4. User Content
You represent and warrant that for all information that you provide to us in connection with our provision of the Services: (a) you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms of Service; (b) such information is true, accurate, current and complete; and (c) the use of any such information by us, or others in contract with us, and in compliance with these Terms of Service, does not and will not infringe any Intellectual Property Rights, privacy rights or contractual rights of any third party.
5. Rising Rose Content
The content contained on the Services, including without limitation the text, graphics, images, audio, video and other material, as well as the taglines and look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such intellectual property laws in Canada, the United States and foreign countries, and is owned or controlled by Rising Rose or by third parties that have licensed their Content to Rising Rose. Unauthorized use of the Content by you may violate copyright, trademark, and other intellectual property laws. Where the Services are configured to enable download of any Content therein, Rising Rose grants you a limited, revocable, non-exclusive license to download such Content for your personal use only, provided that you: (a) maintain all copyright and other proprietary notices contained in the original Content; (b) do not sell, manipulate, modify, reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble or otherwise use the Content in any way for any public or commercial purpose, or any purpose outside of the ordinary intended purpose for which such Content was provided to you, without prior written permission from Rising Rose in each instance; and (c) do not otherwise use the Content in a manner that is contrary to these Terms of Service.
The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with the Content, are owned by Rising Rose or third-party licensors. Except as expressly contemplated herein, you are prohibited from using such Marks without prior written permission from Rising Rose or such applicable third party in each instance.
For certainty, Rising Rose retains all right, title and interest in and to the Content and the Marks. Your use under limited license of the Content and Marks must strictly comply with the terms of these Terms of Service.
6. Fees and Payment Processing
Use of certain Services may require payment of a fee (the “Service Fees”). Unless otherwise expressly set out in the Site, the Service Fees are non-refundable. We may use third-party payment processors in order to facilitate Service Fee payments (the “Payment Processor”). We disclaim any and all liability that may result from your use of the Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or their actions. Your activity on the Payment Processor’s sites or applications is governed by such Payment Processor’s terms and conditions. Any claim and dispute you may have in connection with the processing of Service Fees must be solely directed to such applicable Payment Processor, and you hereby release Rising Rose, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.
7. No Medical Advice; No Physician-Patient Relationship
The general information provided on the Site is for informational purposes only and is not professional advice, diagnosis, treatment or care. Consult your physician prior to using any such information provided on the Site. The presentation of general information on the Site does not establish a physician-patient relationship between you and Rising Rose or any of its physicians or care providers. Notwithstanding the foregoing, this section does not apply to the extent that you are using the Site to communicate with a physician with whom you have an existing physician-patient relationship.
8. Disclaimers and Liability Limitation
YOU AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT DEFECT, ERRORS, INTERRUPTION, OR DOWNTIME. BY USING OUR SERVICES, YOU AGREE THAT RISING ROSE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) IN CONNECTION WITH YOUR ACCESSING AND/OR USING, OR THE INABILITY TO ACCESS AND/OR USE, THE SERVICES. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT RISING ROSE IS NOT RESPONSIBLE OR LIABLE FOR YOUR ACTIONS OR JUDGMENTS IN CONNECTION WITH SAME. RISING ROSE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD-PARTIES.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM: (A) THE CONTENT YOU PROVIDE (DIRECTLY OR INDIRECTLY) WHEN USING THE SERVICES; (B) YOUR USE OF OR YOUR INABILITY TO ACCESS AND/OR USE THE SERVICES; (C) DELAYS OR DISRUPTIONS IN THE SERVICES; (D) ANY ACTS OR OMISSIONS YOU TAKE IN THE COURSE OF USING THE SERVICES; (E) ANY RELIANCE YOU PLACE ON THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES; (F) ANY GOODS, SERVICES OR INFORMATION YOU OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER FROM THIRD-PARTY LINKS OR OTHERWISE; (G) ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR ACCESS AND/OR USE OF THE SERVICES; OR (H) ANY ACTION TAKEN BY US IN ACCORDANCE WITH THESE TERMS OF SERVICE.
WITHOUT LIMITING ANY OF THE FOREGOING, IN ANY EVENT, RISING ROSE’S AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING ANY CLAIM.
THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND WILL SURVIVE THE EXPIRY OR TERMINATION OF YOUR ENGAGEMENT WITH RISING ROSE FOR ANY REASON.
9. Indemnity
You agree to defend, indemnify, and hold harmless Rising Rose and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal fees, arising from or in any way relating to: (a) your breach of or noncompliance with of these Terms of Service; and (b) your access to, use, misuse, reliance upon, or inability to access or use the Services. This indemnification obligation will indefinitely survive the expiry or termination of your engagement with Rising Rose for any reason.
10. Reliance
You understand and agree that Rising Rose is making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive indefinitely, and continue to apply in the case of a fundamental breach or breaches of, the essential purpose of contract, the failure of any exclusive remedy, or the termination of these Terms of Service.
11. Service Modifications
We reserve the right at any time and from time to time, for any reason in our sole discretion, to modify or discontinue, temporarily or permanently, with or without notice the Services (including, for certainty, any user accounts and any Content). In the event of termination, you are no longer authorized to access and use the Services, or any part of the Services affected by such termination. Rising Rose will not be liable to any party for any modification, price change, suspension or discontinuance of the Services and these Terms of Service.
12. General
(a) Entire Agreement. These Terms of Service, which incorporate the Privacy Policy, constitute the entire agreement between you and Rising Rose with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied.
(b) Governing Law. These Terms of Service are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada. For certainty, you hereby acknowledge that any treatment, including any treatment or consultations by telephone or any other electronic means, will be performed in the Province of British Columbia and the courts of the Province of British Columbia will have exclusive and preferential jurisdiction to entertain any complaint, demand, claim or cause of action whatsoever arising out of the treatment. The foregoing will not limit Rising Rose’s right to enforce these Terms of Service in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
(c) Amendments. We may amend these Terms of Service without notice or consent at any time and from time to time in our sole discretion by posting the amended Terms of Service on the Site. We may notify you by email of any material amendments. You can determine when these Terms of Service were last revised by referring to the “Last Updated” reference expressly provided at the beginning of these Terms of Service. Your continued access and use of the Services constitute your acceptance of the amended Terms of Service.
(d) Force Majeure. Any delay in the performance by Rising Rose of any duties or obligations hereunder will not be considered a breach of these Terms of Service if such delay is caused by circumstances beyond our reasonable control, including without limitation, significant illness, acts of government, pandemic/epidemic, floods, fires, earthquakes, civil unrest, war, strikes or other labor problems (other than those involving our employees), failures of common carriers (including Internet service providers), or denial of service attacks.
(e) Assignment. You may not assign any rights and/or obligations under these Terms of Service, either in whole or in part, without our prior written consent in each instance. These Terms of Service will ensure to the benefit of and be binding upon the parties to these Terms of Service and their respective successors, heirs and permitted assigns.
(f) Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. Waivers by us will not be effective unless in writing and duly authorized by us.
(g) Severability. If any provision of these Terms of Service is invalid or unenforceable under applicable law, such provision will be ineffective to the extent of such invalidity or unenforceability, without affecting the remainder of such provision or the remaining provisions of these Terms of Service, which will remain in full force and effect. To the maximum extent possible, each provision of these Terms of Service will be interpreted in such manner as to be effective and valid under applicable law.
(h) Language. These Terms of Service were written in the English language. If these Terms of Service are translated into another language, the English language text will in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms of Service, it means “including (or includes) without limitation”. Headings are for convenience only.
(i) Trial Waiver. You hereby irrevocably and unconditionally agree to waive any right you may have to a trial by jury, or commence or participate in any class action against us related to the Services and these Terms of Service.
Last Updated: December 9, 2020
Privacy Policy
1. Privacy Policy Overview
Welcome to the Rising Rose Wellness privacy policy (the “Privacy Policy”). This Privacy Policy is incorporated in and forms a part of our terms of service, as amended (the “Terms of Service”), between Rising Rose Wellness (“Rising Rose”, “us”, “we” or “our”), the owner and operator of https://www.risingrosewellness.ca/ website (the “Site”) and you (“you” or “your” or “user(s)”), a user of the Site and any services and content accessible via the Site (collectively, the “Services”). This Privacy Policy explains and governs how we collect, use, share and retain information and data through your use of the Services.
For reference, the Terms of Service are posted on the Site. To the extent of any conflict between this Privacy Policy and the Terms of Service, this Privacy Policy will govern.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. THIS PRIVACY POLICY CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RISING ROSE, AND IS DEEMED ACCEPTED BY YOU UPON YOUR FIRST ACCESS AND/OR USE OF THE SERVICES. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS AND/OR USE ANY OF THE SERVICES.
For the purposes of this Privacy Policy, “Personal Information” means information that can be used to identify you, and includes information relating to your physical and mental health.
2. Purpose for Collecting Information
We collect information relating to you (the “Information”), which includes without limitation your Personal Information, for the following purposes (the “Purposes”):
to verify identity;
to provide the Services;
to conduct internal reviews and improvements relating to the Services;
to keep records for medico-legal purposes; and
to carry out any other purpose which is disclosed to you and for which you consent, or as is otherwise permitted by applicable law.
3. Consent
(a) General. We will not process your Personal Information without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied, depending on the nature and sensitivity of the Personal Information, your reasonable expectations, and the circumstances surrounding the collection of the Personal Information. Express consent is when you willingly agree (e.g., verbally, electronically or in writing) to the processing of your Personal Information for particular purposes. Implied consent is when: (i) you do not expressly give consent, but you volunteer Personal Information for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (ii) you are given notice and a reasonable opportunity to opt-out of your Personal Information being processed for specified purposes, and you do not opt-out.
(b) Implied Consent. By accessing and using the Services, your consent is implied for your Personal Information to be used by us for the Purposes (including providing you with care) and to share your Personal Information as provided in this Privacy Policy.
(c) Lawful Processing. In some situations we are legally required to disclose your Personal Information without your consent, including, but not limited to, billing MSP, provincial health plans, reporting infectious diseases and fitness to drive, and by court order.
4. Information Collection
(a) General. We may collect, process, and retain Information from you and any devices (including mobile devices) that you may use when you:
register for an account with us;
update or add information to your account;
subscribe to our newsletter;
engage or communicate with us in connection with the Services;
complete transactions using the Services; and
otherwise access and/or use the Services.
Such Information may include, without limitation:
identifying information such as your name, address, date of birth, telephone number, email address, and username;
billing information such as information relating to your provincial plan and/or private insurer;
health information such as symptoms, medical history, diagnosis, test results, reports and treatment, record of allergies, prescriptions, etc.;
geographic or location information;
content of your communications via the Services; and
information relating to the performance of the Services you experience.
We only collect and use Personal Information to the extent necessary to fulfill the Purposes.
(b) Automatic Collection. Through your use of the Site, we may automatically collect information about how you use the Site, the areas of the Site that you visit, as well as information about your computer or mobile device, such as your Internet protocol (IP) address, device ID, physical location, browser and operating system type, referring URLs, and other technical information. This information is necessary for analyzing web traffic, troubleshooting problems, and improving the Services.
(c) Third Party Sources. We may obtain Personal Information from third parties. We protect Personal Information obtained from third parties according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the Personal Information and applicable laws. These third-party sources may include, without limitation, other physicians, and pharmacists and nutritionists.
(d) Feedback. Any suggestions or comments for improving or modifying the Services that are included in your communications with us (the “Feedback”) will be deemed to be non-confidential and non-proprietary to you. You agree that: (i) Rising Rose is therefore not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to us; (iii) Rising Rose may irrevocably freely use, reproduce, publicize the Feedback; and (iv) you are not, nor is any other party, entitled to receive any compensation or reimbursement of any kind from us in relation to the Feedback.
5. Information Disclosure
(a) General. We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. In any event, any third party that receives your Personal Information in accordance with this Privacy Policy will be required to follow the privacy practices set forth herein. We minimize the amount of Personal Information we disclose to what is directly relevant and necessary to accomplish the specified purpose. Rising Rose retains ownership of any and all Information that is not Personal Information.
(b) Service Providers. We may provide your Personal Information to third-party service providers to help us with our provision of the Services. For example, we may use third party service providers to help us in providing care to you, to help us analyze usage of our Services, provide payment processing services, and assist with the prevention, detection, mitigation and investigation of potentially illegal acts and violations of our Terms of Service (which incorporates this Privacy Policy). These third parties are authorized to use your Personal Information only as necessary to provide these services to us.
(c) Legal Disclosure. Subject to applicable law, we may also disclose Personal Information as we believe to be necessary or appropriate: (i) under applicable law or regulation; (ii) to comply with legal process; (iii) to enforce the Terms of Service (which incorporate this Privacy Policy); and (iv) to protect the rights, privacy, safety or property of Rising Rose, its affiliates, you and others.
6. Information Security
We protect your Personal Information using security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. These safeguards include a combination of physical, technological and administrative security measures that are appropriate to the sensitivity of the information. If you have reason to believe your account or information has been abused, please contact us immediately. Please also note that no method of transmission over the Internet, or other method of storage, is 100% secure. Therefore, we cannot guarantee absolute security.
7. Third Party Policies
This Privacy Policy addresses only the use and disclosure of Personal Information that we collect. If you disclose your Personal Information to others, or if you engage any third-party sites or services, such third-party’s privacy notices and practices will apply. We cannot guarantee the privacy or security of your Personal Information once you provide it to a third-party and we encourage you to evaluate the privacy and security policies of each such third-party before any such engagement or disclosure.
The Services may contain links to third-party websites or applications that are not owned, maintained or operated by Rising Rose. Unless otherwise provided on the Site, any such links are provided solely as a convenience to you and not as an endorsement by Rising Rose. Rising Rose is not responsible for the content of such linked third-party websites or applications and does not make any representations, warranties or guarantees regarding the content or the privacy practices of such third-parties. For certainty, Rising Rose disclaims any liability associated with your access to, use of, download of, or reliance on, such third-party websites or applications and their content. If you decide to access, use or download any such third-party website, application or content, you do so at your sole risk.
8. Newsletter Subscription
We offer users the opportunity to sign up to our newsletter to receive helpful news, tips, offers and updates. If at any point in time you wish to unsubscribe from our newsletter, you may do so by clicking “Unsubscribe” in any such communication or by contacting us.
9. Withdrawal of Consent & Changes to Personal Information
Subject to applicable law, you have certain rights relating to your Personal Information, which include without limitation the following:
(a) Accuracy. Rising Rose takes reasonable steps to help ensure that the Personal Information we collect from you is accurate, complete and current. You may request access to your Personal Information and request that erroneous or inaccurate Personal Information be updated.
(b) Withdrawal of Consent. You can withdraw your consent to us collecting your Personal Information or having it shared with other health care providers or other parties at any time by giving us reasonable notice, except where the collection or disclosure is authorized by law. Doing so may prevent you from accessing and using some or all of the Services. If you continue to use the Services thereafter, your consent to this Privacy Policy is deemed unconditionally renewed.
10. Data Retention
Rising Rose retains Personal Information for as long as necessary to provide the Services, and for other essential purposes such as complying with our legal obligations and resolving disputes. We retain patient records for a minimum period of 16 years, or as otherwise required by applicable law and professional regulations. After it is no longer necessary for us to retain your Personal Information, we dispose of it in a secure manner according to set procedures of the College of Physicians and Surgeons of BC that govern the storage and destruction of Personal Information.
11. Amendments to Privacy Policy
We may amend this Privacy Policy at any time, so please review it periodically. By continuing to use the Services after any amendment, you consent to be bound by the amended Privacy Policy.
12. Contact Us
If you have any questions about our privacy policy, please contact us at drjenna@risingrosewellness.ca.
Last Updated: December 9, 2020