HOOM Platform Terms of Use

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HOOM Platform Terms of Use (User Agreement)

Hoom last updated the Terms of Use (User Agreement) (“Terms”) on July 16th, 2024. We post the current version of the Terms at www.naturesante.ca/. 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 Hoom Platform. Depending on the nature of the change, we will post the updated version of these Terms at \ with the date these Terms were last revised and/or notify you by posting a notice of material amendments to these Terms as required by applicable law. Please check to see if we have amended these Terms since you last used the Hoom Platform. We may but are not obligated to post notice of amendments. By using the Hoom Platform or participating in any Hoom Programs after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms.

  1. The Hoom Platform and Services.

    Marathon Naturel Inc. (“Hoom”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “Hoom Platform”). The Hoom Platform enables registered users (“Users”, “you”, “your”) to access telenaturopath services provided by naturopath working in Nature Sante. Telenaturopath is Naturopathy delivered through interactive text, audio and/or video technology, where the patient and naturopath provider are not in the same physical location (telenaturopath services provided through the Hoom Platform are referred to in these Terms collectively as “Natutopath Services”). The Hoom Platform also enables Users to store certain personal and personal health information (collectively “PHI”), share their PHI with our Nature Sante’s naturopaths. Hoom may make additional optional services available to Users from time to time.

  2. Eligibility.

    In order to open an account to use the Hoom Platform (“M-Account”), you must:
    1. be at least 18 years of age,
    2. be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements”); and

  3. Agreement with Hoom.

    These Terms govern Users access to and use of the Hoom Platform. On acceptance by a User, these Terms constitute a binding agreement between Hoom and the User. These Terms also govern a User’s participation in Hoom’s Referral Program, Gift Card Program, and the Purchasing Program (collectively "Hoom 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 the Hoom Platform and participating in any Hoom Programs.

    In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions, guidelines or rules (such as the Supplementary Terms noted above) which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. Hoom’s Privacy Policy, which forms part of these Terms and is hereby incorporated by reference, is posted at www.naturesante.ca/privacy (“Privacy Policy”).

  4. User representations and warranties.

    You represent and warrant (promise) to Hoom and acknowledge that Hoom is relying on your representations and warranties that:
    • you meet the Residency Requirements and will continue to do so at the point in time that you request and that Naturopath Services are provided;
    • you will use the Hoom Platform solely for your personal and non-commercial use.

  5. Nature and Scope of Naturopath Services.

    1. Naturopathic Providers, Relationship with User. Only Naturopath professionals may provide Naturopath Services.
    2. Not a Replacement for Primary Care. Naturopath Services do not take the place of appointments with your regular primary care provider or regular medicine. If you do not have a primary care provider, we encourage you to find one. Hoom does not provide your primary care provider with a report of the Naturopath 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 Naturopath Services so that your primary care provider can take them into account, including any supplements prescribed for you. Your primary care provider may ask you to describe what the Naturopathic Provider found.

  6. Naturopath Services Terms of Use.

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

    1. The Hoom Platform is a technology platform that facilitates connecting Users with Naturopathic Providers for the provision of Naturopath Services. While Hoom facilitates access to Naturopath Services provided by Naturopathic Providers, it is not registered to provide Naturopath Services and does not do so as more particularly described below.
    2. Naturopathic Providers are Nature Sante’s employees who have chosen to use the Hoom Platform to provide Naturopath Services.
    3. As the rules regarding Telenaturopathic differ (or may differ from time to time), among the provinces and territories, the Naturopath 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.
    4. You will only request Naturopath Services for you.
    5. As with any other Naturopath consultation, no results can be guaranteed or assured in connection with Naturopath Services. Your Naturopathic Provider may determine Naturopath 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 Naturopath Services to you. Naturopathic Providers also have the discretion to discontinue the provision of Naturopath Services to you at any time and for any reason.
    6. You are responsible for providing the Naturopathic Provider with the information that he or she advises is required in order to provide you with Naturopath Services. If you decline to provide that information, the Naturopathic Provider may not be able or willing to provide you with Naturopath Services.
    7. As with any other health care service, there are risks associated with the use of the Naturopath Services. In addition to any risks communicated to you by your Naturopathic Provider, there are risks unique to Naturopathic, which include that the Hoom Platform may not permit the transmission of information in a way that allows the Naturopathic Provider to provide Naturopath 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 Hoom’s Privacy Policy.
    8. THE HOOM PLATFORM CANNOT BE USED FOR EMERGENCY HEALTH RELATED ISSUES. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
    9. The following symptoms are NOT eligible to be treated through the Naturopath 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.
    10. ANY PRESCRIPTIONS YOU ACQUIRE FROM AN NATUROPATHIC PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL ATTENDING THE HOOM. YOU WILL FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A NATUROPATH IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR SUPPLEMENT.
    11. You will not report supplements reactions, side effects or adverse events through the Hoom Platform. You will report any supplement 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.
    12. You will seek emergency help or follow-up care when recommended by a Naturopathic Provider.

  7. Technology-related Terms.

    As a term and condition of using the Hoom Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.
    1. 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 Hoom Platform except as expressly permitted by Hoom;
      • decompile, reverse engineer or disassemble the Hoom Platform;
      • link to, mirror or frame any portion of the Hoom Platform;
      • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Hoom Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Hoom Platform;
      • attempt to gain access to or impair any aspect of the Hoom Platform, or its related systems or networks;
      • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
      • use the Hoom Platform in a manner that violates any laws.
    2. 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 the Hoom Platform, including Naturopathic Providers.
    3. You will not contact Naturopathic Providers in respect of Naturopath Services except through the Hoom Platform. For clarity, Hoom has no interest in or control over any interaction that you may have with Naturopathic Providers that is unrelated to Naturopath Services or your use of the Hoom Platform.
    4. Unless otherwise permitted by Hoom in writing, you may only have one M-Account.
    5. You are responsible for all activity that occurs under your M-Account.

  8. Business Terms.

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

    1. You will be charged a provider fee for any Naturopath Services you receive from an Naturopathic Provider (“Provider Fee”) as well as a service fee for your related use of the Hoom Platform (“Service Fee” and together with the Provider Fee, the “Fees”), unless these Fees are waived by Hoom.
    2. 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 Provider Fees charged for Naturopath Services.

  9. Privacy.

    PHI you provide to Naturopathic Providers is collected by the Naturopathic Providers, as explained in the Privacy Policy. The Privacy Policy also describes Hoom’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.

  10. Termination, Effect of Termination.

    On notice to you, Hoom may immediately, at any time and for any reason, terminate your access to the Hoom Platform and/or your participation in any Hoom Programs, or cease providing the Hoom Platform or any portion of the Hoom Platform and/or any Hoom Programs. Hoom 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 Hoom Platform or participate in any Hoom Programs, notwithstanding that you or Hoom choose to terminate your use of one but not both (or only a portion) of the Hoom Platform and Hoom Programs. On termination of your M-Account, Hoom will have no further obligation to provide you with access to the Hoom Platform, except to the extent that Hoom 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://naturesante.ca/account/login. Our management of your PHI on the closure of your M-Account is described in the Privacy Policy.

  11. Ownership (Intellectual Property Rights).

    The Hoom Platform, all content and rights therein, except PHI, are and will remain Hoom’s property or the property of Hoom’s licensors. Neither these Terms nor your use of the Hoom Platform convey or grant to you any rights to use or reference in any manner Hoom’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Hoom’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.

  12. Content.

    None of the information or materials (collectively, “Content”) available through the Hoom Platform including our Naturopath Services is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular supplement 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 Naturopath provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the Hoom Platform could include technical, typographical or photographic errors. Hoom does not warrant that any of the materials provided are accurate or current.

  13. Disclaimer.

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

  14. Limitation of Hoom’s Liability.

    1. HOOM, (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 HOOM PLATFORM AND/OR NATUROPATH SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE HOOM PLATFORM AND/OR NATUROPATH SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY NATUROPATHIC PROVIDER., HOOM 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 HOOM PLATFORM.
    2. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL HOOM 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 HOOM PLATFORM AND/OR NATUROPATH SERVICES PROVIDED BY NATUROPATHIC PROVIDERS.

  15. Indemnity.

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

  16. Fees, Payment Options.

    Hoom may offer different payment options and/or membership plans for Users to use the Hoom Platform and access Naturopath Services. Some payment options and/or membership plans may have differing terms, conditions and limitations which will be disclosed to you at your sign-up or when changing your payment or membership plan options. Once you sign up, you can find the specific details regarding your payment option and/or membership plan under the X section of your M-Account. The following are the payment options used by Hoom. Not all options are available to all Users.

    1. Pay-per-visit option. You may pay the Fees for Naturopath Services at the time you request Naturopath Services. Hoom requires you to submit credit card information prior to the provision of any Naturopath Services for the purpose of validation of the card. You will not be able to begin accessing Naturopath Services through the Hoom Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Hoom, on behalf of Naturopathic Providers, may validate your credit card and put a hold on it in the amount of the Fees. Hoom will notify you of any applicable Fees, inclusive of applicable taxes, and will only have the charge processed to your credit card after you have obtained the corresponding Naturopath Services. Hoom will provide you with a receipt for the Fees you pay.
    2. Currency, Taxes. All Fees for Naturopath Services are in Canadian dollars. Service Fees are inclusive of any applicable taxes based on your billing location.

  17. General Provisions

    1. Entire Agreement. These Terms, including any Supplementary Terms, Membership Terms and any other additional terms and conditions referenced herein (collectively, the “Additional Terms”), constitute the entire agreement and understanding of Hoom and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter. In the event of a conflict between these Terms and the terms and conditions contained in any Additional Terms, the terms and conditions in the Additional Terms shall control unless otherwise expressly stated.

    2. 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 Hoom 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.

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

    4. Links to External Websites. We provide links on the Hoom Platform to other websites or resources including those operated by parties other than Hoom for your convenience. Hoom 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, Hoom is not responsible even where we link you to those resources or refer you for your convenience.

    5. 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.

    6. 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.

    7. Contact Us. If you have questions about the Hoom Platform or its use, you can contact Hoom Support by sending an email to jose@naturesante.ca.