Terms of Service
Scrubs Health Inc. d/b/a Rosie
Version: 1.0 – Date: January 1, 2024
Rosie is the tradename for a women’s hormone therapy clinic owned and operated by Scrubs Health Inc. (“Scrubs”, “Rosie,” “we”, “our”, “us”).
When you sign up for service on the Rosie portal, you agree to our Terms of Service (“Terms”). The Terms govern the access and/or use, by individuals (“you”, “your”, “User”) of the applications, websites, content, products and services (collectively referred to as the “Scrubs Platform”), owned and operated by Scrubs Health Inc. For clarity, these Terms set out circumstances in which you may use the Scrubs Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to seek health care services as defined below (each a “Registered Dependent“).
When you sign up for a Scrubs service (“Service”), you:
• Agree to the Terms of Service and acknowledge our Privacy Statement.
• Consent to the processing of your health information.
You are making important representations when you use our service. Read those representations. While they are all important, we would like to call your attention to three representations below:
Three Important Points You Agree to When Using Our Service:
• You understand that we do not provide medical advice. You should not change your health behaviors solely on the basis of information from Scrubs. Keep in mind that health care professionals affiliated with Scrubs are not infallible and the laboratory process may result in errors.
• You may learn information about yourself that you do not anticipate. Once you obtain this information, the knowledge is irrevocable.
• Our Privacy Statement describes what personal information we collect from you, how we use and protect it, and your rights and choices. Please read the full Privacy Statement here or scroll down to read the highlights.
Contractual relationship
By accessing and using the Scrubs Platform you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Scrubs. If you do not agree to these Terms at any point, you must immediately cease accessing the Scrubs Platform.
By accessing the Scrubs Platform or using any of our health care services, you represent that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this agreement. Do not access the Scrubs Platform or use the Services if you do not agree and accept the terms and conditions provided in this agreement.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Scrubs Platform, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
On notice to you, Scrubs may immediately terminate these Terms and/or access to the Scrubs Platform, or generally cease offering or deny access to the Scrubs Platform or any portion thereof, at any time, for any reason.
Cancellation Policy
You may request a service cancellation or reschedule at any time.
We know plans can change, so we've designed a cancellation policy that's accommodating for our customers and supports our service providers. Early notification of cancellation means our providers can offer their services to another member or someone else in your community.
You may cancel or change your appointment up to 24 hours in advance.
If you want to cancel your appointment with less than 24 hours before your appointment window, contact us to see if the service can be cancelled or rescheduled on short notice. To cancel a service, please forward your order confirmation email to info@rosiehealth.com, and change the subject line to “Cancel Order” and a member of the Scrubs team will contact you at the number you provided as soon as possible. Cancelled orders with less than 24-hours notice will be subject to a $50 cancellation fee.
Third Party Services
In addition, use of our Services may necessitate usage of services from third parties not related to Us, including, without limitation, our Payment Gateway partner (“Payment Gateway Partner”), Square Canada, Inc. (“Square”), and by extension will be subject to their Terms of Service (which can be found here https://squareup.com/ca/en/legal/general/ua ) Please note that We may from time to time change our Payment Gateway Partner at Our discretion). You agree that the terms of use for Square (or our Payment Gateway Partner from time to time) including such terms as amended from time to time in the Payment Gateway Partner’s sole discretion, are incorporated into this Agreement, and you will be subject to any terms applicable to such third-party services (“Third Party Terms”).
It is your responsibility to ensure your compliance at all times with such Third-Party Terms. If you do not agree with such Third-Party Terms, you must immediately cease and forever desist from accessing the Platform or using Our Health Care Services.
Together with this Agreement, such Third-Party Terms will govern your use of Our Health Care Services or any other services made available by us to you.
You agree to indemnify Us and our employees, directors, contractors, agents, and related parties (“Those Indemnified”) and keep Those Indemnified from any direct, indirect or consequential loss, cost, expense, damage or liability arising as a result of, or as a natural consequence of, or in connection with or in relation to any act or omission, whether negligent or otherwise, which constitutes a breach of any Third Party Terms applicable to your use of our Health Care Services, and whether such loss, cost, expense, damage or liability is founded in contract, tort or any other legal theory, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
Authorized Health Care Providers and Scrubs Platform
All health care providers providing Health Care Services or Informational Services, as defined below, (each an “Authorized Health Care Provider”) are independent, regulated health professionals (such as physicians, nurse practitioners, registered nurses, licensed practical nurses, paramedics and lab techs) registered to provide health care in a Province or Territory of Canada. Scrubs is not a health care provider. Authorized Health Care Providers alone are responsible for the Health Care Services and Informational Services they provide through the Scrubs Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Health Care Providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Health Care Provider, consult his or her profile on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Authorized Health Care Provider practices.
Services
Authorized Health Care Providers may provide two kinds of services through the Scrubs Platform: health care services (“Health Care Services”) and/or general information about diseases and conditions and how they are treated (“Informational Services”). Health Care Services and Informational Services may be collectively referred to as Services.
Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location. During your telemedicine consultation with an Authorized Health Care Provider, you will be asked to provide certain Personal Information including Personal Health Information (collectively referred to together as “Information”). When discussing Health Care Services, information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The type of Services that are available to you through the Scrubs Platform depends on your province of residence and the location you are in at the time you request the Services. This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
1) Health Care Services, Limits on Health Care Services
Health Care Services will only be made available to you if you are a temporary or permanent resident of a Canadian Province or Territory, whether or not physically in the Province or Territory at the time that you request the Health Care Services (“Residency Requirements”). The relationship between you and an Authorized Health Care Provider providing Health Care Services is a provider-patient relationship. Scrubs is not a party to that relationship.
There are restrictions on the Health Care Services that can be provided through the Scrubs Platform. YOU MUST NOT USE THE Scrubs Platform FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
In addition to the limitations set out above, Authorized Health Care Providers are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED HEALTH CARE PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the Scrubs Platform.
Authorized Health Care Providers have the discretion to refuse or discontinue the provision of Health Care Services to any User at any time, including for actual or potential misuse of the Health Care Services by a User.
Rosie is not a replacement for Primary Care. Please note that interaction with an Authorized Health Care Provider through the Scrubs Platform is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Authorized Physician. We do not provide your family physician with a report about the Health Care Services that you receive through the Scrubs Platform. In order for your family physician to take into consideration these Health Care Services, including any prescriptions, it is always advisable that you advise your physician about the Health Care Services you receive, including the issues that caused you to request them. As described below, the Scrubs Platform enables you to send a summary of your Health Care Services to a physician of your choice.
2) Informational Services. Limits on Informational Services
Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a third-party medical expert on a phone in radio show), and are not Health Care Services. The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment. Scrubs is not a party to your relationship with an Authorized Health Care Provider providing Informational Services.
Informational Services do not replace consultations with qualified medical or other relevant Health Care professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Scrubs, Authorized Health Care Providers providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Scrubs or an Authorized Health Care Provider directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.
Authorized Health Care Providers have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.
Privacy
Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy, located at www.rosiehealth.ca/privacy-policy. You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.
By authorizing someone else (a “Third Party”) to pay the fees for your Health Care Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Scrubs, and Scrubs will rely on your representation, that:
a. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Scrubs Platform and Health Care Services and/or Informational Services;
b. disclosing the information that you have requested Health Care Services to the Third Party to permit Scrubs to process payment for the Health Care Services and/or Informational Services; and
c. notifying the Third Party of any changes or termination of your access to the Scrubs Platform.
If you have questions about our privacy program, our management of your Information, or the personal information that we disclose to Third Party payers, please contact us as set out in the Privacy Policy.
Privacy Policy Highlights
We collect information from:
• You
• Service Providers
• Other Third Parties
• Scrubs
We may use your information to:
• Provide our Services, including to develop, operate, improve, maintain, and safeguard our Services, including developing new product tools and features
• Analyze and measure trends and usage of the Services
• Communicate with you, including customer support, or to share information about our Services or other offers or information we think may be relevant to you
• Personalize, contextualize or market our Services to you
• Provide cross-context behavioral or targeted advertising
• Enhance the safety, integrity, and security of our Services, including prevention of fraud and other unauthorized or illegal activities on our Services
• Enforce, investigate, and report conduct violating our Terms of Service or other policies
• Conduct surveys or polls, and obtain testimonials or stories about you
• Comply with our legal, licensing, and regulatory obligations
• Conduct research if you choose to participate
We may share your information with:
• Service providers
• Commonly owned entities, affiliates and change of ownership
• Third parties as related to law, harm, and the public interest
Scrubs will not provide information to law enforcement unless required by law to comply with a valid court order, subpoena, or search warrant. We require all law enforcement inquiries to follow a valid legal process, such as a court order or search warrant, and are prepared to exhaust available legal remedies to protect customer privacy. If we are compelled to disclose your Personal Information to law enforcement, we will try our best to provide you with prior notice, unless we are prohibited from doing so under the law.
You can rest assured, we will not voluntarily share your Personal Information with:
• Public databases
• Insurance companies or employers, or
• Law enforcement, absent a valid court order, subpoena, or search warrant
Consent to the Processing of Sensitive Information
Scrubs provides highly personalized services and experiences based on sensitive health information. Because of this, we are required to obtain your consent prior to processing such information.
Sensitive information includes but is not limited to: personal Information that reveals your racial or ethnic origin, health conditions or diagnosis, sex life or sexual orientation, government identification, genetic data, precise geolocation, or as otherwise defined in applicable laws.
As described in our Privacy Statement, the ways we use your sensitive information include:
• Providing our Services, including to develop, operate, improve, maintain, and safeguard our Services
• Analyzing and measuring trends and usage of the Services
• Communicating with you
• Asking for feedback
• Personalizing or contextualizing our Services to you
• Enhancing the safety, integrity, and security of our Services, including prevention of fraud and other unauthorized or illegal activities on our Services
• Enforcing, investigating, and reporting conduct violating our Terms of Service or other policies
• Conducting surveys or polls, and obtaining testimonials or stories about you
• Complying with our legal, licensing, and regulatory obligations
If you do not consent to the processing of your sensitive information, we will not be able to provide you with Services requiring processing of sensitive information, such as genetics-based ancestry and/or health information. Instead, you will exit the kit registration process and be directed to create or sign into a Scrubs Account with limited functionality.
We will process your sensitive information for as long as you continue to have a Scrubs Account or as permitted or required by law. You may withdraw your consent at any time by sending an email to us at info@rosiehealth.ca with the subject line CANCEL ACCOUNT. Withdrawing consent does not impact the lawfulness of any processing that took place while we had your consent to do so. Those processes cannot be reversed or undone.
If you would like more information about how we use and process your Personal Information, including your privacy rights, please review our full Privacy Policy.
By clicking "Accept" you accept the Terms of Service and acknowledge the Privacy Policy.