In these general terms & conditions, the following terms will mean as follows:
Client: the patient, customer and/or the client, as the case may be.
Services: all care, testing, screening and/or other services offered by Intrepid Health Solutions.
2 Applicability of general terms and conditions
These general terms and conditions apply to all services and any other relationships between the client and Intrepid Health Solutions, its staff or any third parties engaged by Intrepid Health Solutions in the provision of services. The client waives the applicability of his/her general terms and conditions. Any deviation from these general terms and conditions is only applicable if Intrepid Health Solutions has explicitly agreed to this in writing.
3 Party to service agreement
All service agreements are deemed to be entered into by Intrepid Health Solutions as such. Intrepid Health Solutions’ owners, employees and any third parties engaged by Intrepid Health Solutions, shall not be considered as performing the service personally, nor can they be held personally liable in respect of such service. Any claim for damages against natural persons, employees or owners of Intrepid Health Solutions is excluded.
4 Execution of service agreement
In the performance of services Intrepid Health Solutions has an obligation of effort (inspanningsverbintenis) and not an obligation of result (resultaatsverbintenis). Intrepid Health Solutions has an effort obligation to perform the service to the best of its knowledge and ability, but assumes no obligation to deliver a specific result or outcome. No guarantee is provided in respect of results or undisturbed course of service or outcome. Intrepid Health Solutions has the right to have certain work performed by third parties. Intrepid Health Solutions does not have to obtain permission from the client for this. Intrepid Health Solutions shall not be liable for any acts and/or omissions of third parties.
5 Confidentiality
Except as provided otherwise by client’s consent, Intrepid Health Solutions is obliged to maintain confidentiality vis-à-vis third parties who are not involved in the performance of the service. This duty of confidentiality concerns all information of a confidential nature made available by the client to Intrepid Health Solutions. The duty of confidentiality does not apply if there is an obligation under the law to disclose certain information. Intrepid Health Solutions is entitled to use all information for statistical purposes.
6 Personal property
Intrepid Health Solutions is not liable for damage to or loss of the client’s personal property. The client must exercise the necessary care to prevent damage to or loss of his/her property.
7 Provision of information
The client is responsible for providing Intrepid Health Solutions, to the best of the client’s knowledge, with all information and cooperation reasonably required for the proper execution of the service agreement.
8 Identification and authentication
The client must present a valid identification document at Intrepid Health Solutions’ first request. Intrepid Health Solutions may also require authentication of the client identity in connection with telephone calls in which personal information may be requested. The client’s failure to identify himself/herself or to satisfy Intrepid Health Solutions’ authentication requirements, may result in refusal or suspension of service or provision of information by Intrepid Health Solutions.
9 Cancellation or suspension of service agreement
Intrepid Health Solutions reserves the right to refuse, suspend or terminate a service agreement in the event of improper client behaviour towards Intrepid Health Solutions, owners, employees or other clients.
10 Payment terms
Full payment is required before the service begins.
11 Fee changes
Intrepid Health Solutions reserves the right to change its fees without further notice. The new fees will be announced at Intrepid Health Solutions’ location and are applicable as of such announcement.
12 Limitation of liability
Intrepid Health Solutions’ liability, both for direct and consequential damage and insofar as it is covered by its liability insurance, is limited to the amount paid out by the insurer. If the insurer does not pay out or the damage is not covered by Intrepid Health Solutions’ insurance, Intrepid Health Solutions’ liability will be limited to an amount equal to the amount invoiced to the client. Any liability for damage suffered by the client in connection with the exercise of a profession or business (including damage for missed work days or work hours, lost or deprived profits or revenue) is excluded. All rights of action, claims and other powers of whatever nature vis-à-vis Intrepid Health Solutions related to any service provided by Intrepid Health Solutions, shall expire in any event one year after the moment on which the client is aware or could reasonably be aware of the existence of these rights, claims and powers.
13 Handling compliments and complaints
Any compliments or complaints should be raised with the person providing services or the manager on duty.
14 Information
It is not permitted to use any information, communications, statements or expressions of Intrepid Health Solutions, regardless of form and medium (e.g. written, verbal, website, social media, text messages, printed matter), for any other than their intended purposes without the prior written consent of Intrepid Health Solutions. Although Intrepid Health Solutions strives for its website to display correct information at all times, errors and imperfections cannot be excluded. No rights can be derived from information displayed on Intrepid Health Solutions’ website. Erroneous information can be reported to Intrepid Health Solutions via pharmacy@intrepidhealthsolution.com.
15 Applicable law / Jurisdiction
All relationships between Intrepid Health Solutions and its clients, as well as those who make use of Intrepid Health Solutions’ services, are exclusively governed by the laws of Ontario. Disputes arising out of or in connection with this relationship shall be resolved exclusively by the courts of Ontario.
16 Changes to general terms and conditions
Intrepid Health Solutions reserves the right to modify these General Terms and Conditions and the information stated on the website at any time. A copy of the prevailing text of Intrepid Health Solutions’ General Terms & Conditions will be provided to the client by Intrepid Health Solutions, upon the client’s first request.
These General Terms & Conditions are effective as of January 1, 2022.