Georgina Naturopathic provides health care to which the Patient provides verbal consent each visit, which is documented in the patient’s chart.
1. Nature of Relationship
The doctor-patient professional relationship may be terminated at either party’s discretion if they feel that professional boundaries are not respected.
2. Scope of Services
Dr. Yulia Lasenko, ND, is licensed to practice naturopathic medicine in Ontario by the College of Naturopaths of Ontario and has met the Standard of Practice for Prescribing allowing her to prescribe, dispense, and administer substances in the Practice Tables.
3. Fees and Payment
Visit fees follow a pay-what-you-want model, where the Patient specifies the amount they wish to pay. Upon submitting the agreed-upon amount to the insurance provider, this amount can no longer be modified.
Quantity paid does not impact the quality of care and patients who do not provide payment will not be denied care.
Laboratory tests, collection fees, and dispensed products have set prices, and the Patient must provide payment for these items.
4. Responsibilities of the Patient
The Patient understands and agrees that,
a) they shall provide Georgina Naturopathic with their name, address, email address, all relevant contact details, and health information in a form specified by Georgina Naturopathic. Such information is confidential Information (as defined below) of the Patient and Georgina Naturopathic shall only use such information as is necessary to allow Georgina Naturopathic to verify the identity of the Patient, provide diagnosis and treatment, and directly bill to insurance;
b) they must refrain from verbal and physical abuse and sexual harassment, as described under the Human Rights Code of Ontario, R.S.O. 1990, c. H.19, which include but are not limited to, unwanted touching, derogatory language and/or comments, leering or inappropriate staring, gender-related comment about a person’s physical characteristics or mannerisms, showing sexual pictures or cartoons, sexual jokes or vulgar language, and propositions of physical intimacy;
c) they must clearly communicate the withdrawal of consent to a service to the naturopathic doctor.
5. Responsibilities of Georgina Naturopathic
Georgina Naturopathic,
a) Agrees to provide the services to the Patient in accordance with the best practices and standards of the industry;
b) shall devote commercially reasonable efforts to the performance of the online store and ensure timely provision of requisitions, but cannot guarantee the absence of delays;
c) shall not be liable to you for damages should laboratory results yield an urgent diagnosis and the Patient fails to pursue appropriate follow-up and care;
d) shall be responsible for obtaining all necessary licences and permits and for complying with all applicable federal, provincial, and municipal laws, codes and regulations, including applicable taxation laws, in connection with the provision of services and Georgina Naturopathic shall, when requested, provide the Patient with adequate evidence of its compliance with this Section 5;
e) is solely responsible for the calculation, withholding and remittance of all taxes and other statutory deductions and withholdings that may be required in connection with, or arising from, the Services performed under this Agreement;
f) will indemnify and hold the Patient harmless from any and all claims, liabilities, damages, taxes, fines, penalties or interest sought and recovered from any governmental entity arising from the failure of Georgina Naturopathic or the Patient to deduct or remit any amounts owing with respect to any required taxes, statutory deductions or other withholdings as set out in paragraphs (a) and (b) above in connection with the Services performed under this Agreement.
6. Technology Disclaimer
The Patient is responsible to obtain and/or maintain the appropriate bandwidth to provide said services virtually.
Georgina Naturopathic will try to ensure that the availability and delivery of our services and its materials are uninterrupted and error-free, including our content and communications through methods like our website, patient portal, email communications, videos, OutSmart calls, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction.
To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our services, and their materials become unavailable or access to them becomes slower or incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Services, and its materials inaccessible to you.
7. Results Disclaimer
The Patient acknowledges that the services, and the materials you will be receiving, do not promise outcomes included but not limited to health improvement and diagnosis.
The Patient acknowledges that we have not and do not make any representations as to the future health, cures of conditions, or loss of any kind that may be derived as a result of your participation in naturopathic care or ordering from the self-serve laboratory testing menu. We cannot and do not guarantee that you will attain a particular result, positive or negative, through the use of any of our services, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
8. Changes to our Website and Services
We reserve the right to change our platform, website, laboratory providers, and materials at any time by giving you advance notice of the changes by email or in writing. These changes will become effective 10 days after receipt of the notice. Your continued use of our platform and materials after any change and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to the platform and its materials, you can choose to discontinue the use of our platform and its materials.
9. Term and Termination
a. This Agreement shall commence on the day of booking an appointment or ordering from the self-serve laboratory online store. Effective Date and shall continue so long, until this Agreement is terminated in accordance with this Section 10 (the “Term”).
b. Each Party may terminate the Agreement for any reason and at any time by providing notice in writing to the other Party.
c. Either Party may terminate this Agreement if the other Party materially breaches the terms of such Agreement.
d. Georgina Naturopathic may terminate the Agreement without prior notice and without further obligation to the Patient if the Patient engages in conduct which may result in reputational damage to Georgina Naturopathic or Yulia Lasenko or bring the Georgina Naturopathic or Yulia Lasenko into disrepute.
e. Except as otherwise provided in this Agreement, the obligations of the Parties will end upon the termination of this Agreement. If this Agreement is terminated by the Patient without cause, the Patient agrees to pay the Georgina Naturopathic any and all sums which are due and payable within 5 business days of the termination and/or cancellation.
10. Privacy and Confidentiality
a. Georgina Naturopathic acknowledges that it and its employees, agents, subcontractors or representatives may, in the course of performance of this Agreement, be exposed to, be provided with, or otherwise acquire information of the Patient (“Confidential Information”). Confidential Information may include, without limitation, names, images, voices, addresses, e-mail addresses, phone numbers, demographic, behavioural, and health information.
b. Georgina Naturopathic shall take appropriate and commercially reasonable measures to ensure the confidentiality of the Confidential Information and to protect Confidential Information from loss or unauthorized disclosure or access.
c. The Patient acknowledges that Georgina Naturopathic may provide services virtually through the use of electronic communications.
d. Georgina Naturopathic shall use the Confidential Information only for the purpose of providing the Services hereunder and shall not retain or make use of the Confidential Information for any other purpose.
e. Georgina Naturopathic shall use their reasonable efforts to ensure that only such of its employees, authorized agents, or subcontractors who need to access the Confidential Information to perform the services will receive the Confidential Information and that such persons agree to be bound by the provisions of this section, and that personal and confidential information is kept securely and our electronic systems will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the date and to ensure its integrity against intentional or unintentional corruption. However, by agreeing to receive our services virtually you acknowledge and agree that:
i. In rare cases, security protocols could fail, causing your personal information to be accessed by third parties;
ii. We cannot guarantee the availability of virtual services which may become unavailable due to system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our virtual services inaccessible to you.
f. During and after the Term, without the Patient’s prior written consent, Georgina Naturopathic may not disclose Confidential Information to any third party except as expressly permitted under this Agreement and shall treat the Confidential Information with the same degree of care that it treats its own Confidential Information, and in any case at least reasonable care. Georgina Naturopathic shall notify the Patient immediately on becoming aware of any actual or reasonably suspected loss or unauthorized disclosure or use of the Confidential Information.
g. Exclusions. Confidential Information will not include the following information, provided that Georgina Naturopathic is able to prove the existence of the circumstances referred to below:
i. Except for personal information, information that is now or subsequently becomes generally available to the public through no wrongful act of Georgina Naturopathic
ii. Information rightly in the possession of Georgina Naturopathic prior to the disclosure to Georgina Naturopathic by the Patient;
iii. Information that is created by Georgina Naturopathic without direct or indirect use of the Confidential Information; or
iv. Information that Georgina Naturopathic rightfully obtains from a third party who has the right to transfer or disclose it.
h. Exemptions. Nothing in this Section shall prevent Georgina Naturopathic from disclosing or using Confidential Information of the Patient at any time if disclosure of such Confidential Information is required to be made by any law, regulation, governmental body, or authority or by court order provided that before disclosure is made, notice of the requirement is provided to the Patient, and to the extent possible in the circumstances, the Patient is afforded an opportunity to dispute the requirement.
i. The obligations of this section shall survive termination or expiry of the Agreement.
11. Indemnification
The Patient agrees at all times to indemnify and save harmless Georgina Naturopathic, its agents, contractors, officers, directors, shareholders, employees, assigns and agents, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising from claims from unaffiliated third parties arising out of the participation of Participating Employees in the Services. The Patient shall have no indemnification obligations towards the Georgina Naturopathic for any such claims, causes of action, damages, liabilities, costs or expenses, including legal fees and expenses to the extent they result from any fault or alleged fault, negligence, or breach of this Agreement by Georgina Naturopathic.
12. Limitation of Liability
Except in respect of Section 10, in no event will either Party be liable to any for any type of indirect, special, incidental, or consequential damages which arise by virtue of this Agreement, including, without limitation, such damages related to lost profits, or personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if Georgina Naturopathic is expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
13. Force Majeure
Georgina Naturopathic shall use its best efforts to provide the Services but it shall not be liable for or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by “force majeure.” As used in this Agreement, “force majeure” means acts of God, acts of the public enemy, acts of terrorism, unusually severe weather, fires, floods, epidemics (excluding the COVID-19 pandemic), quarantines, strikes, labour disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of Georgina Naturopathic. For clarity, the Patient shall not pay any Fees to Georgina Naturopathic with respect to any Services which the Georgina Naturopathic has not performed, including any non-performance which is otherwise excused pursuant to this Section 14.
14. Dispute Resolution
a. The Parties agree to first seek to rectify issues amicably through email correspondence and conference calls. If unable to seek resolution within a reasonable time, the Parties may attend mediation conducted by a Certified Mediator. If the mediation is unsuccessful, the Parties may agree to legal dispute resolution through binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by both Parties.
b. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any proceedings under or in connection with this Agreement will be held in the City of Toronto, in the Province of Ontario, Canada, and the parties submit to the exclusive jurisdiction of the courts in Toronto.
c. Except with respect to Georgina Naturopathic’s negligence or wilful misconduct of a Party, the Parties agree that the maximum amount which may be recovered in any claim or suit is limited to the total amount paid for visit fees and products.
15. General Provisions
a. Headings
The inclusion of headings in this Agreement is for convenience of reference only and shall not affect the construction or interpretation hereof.
b. Invalidity of Provisions
Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof.
c. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement. This Agreement supersedes and replaces all prior agreements, if any, written or oral, with respect to Georgina Naturopathic’s engagement by the Patient and any rights which Georgina Naturopathic may have by reason of any such prior agreement or by reason of Georgina Naturopathic’s prior engagement, if any, by the Patient.
d. Waiver and Amendment
Except as expressly provided in this Agreement, no amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless otherwise expressly provided.
e. Counterparts
This Agreement may be signed electronically and in counterparts and each of such counterparts shall constitute an original document and such counterparts, taken together, shall constitute one and the same instrument.