Terms of use

1. Who we are, and what we are not

The platform is operated by Logiciel Swelio Inc. (the “company”), a corporation incorporated in Québec (NEQ 1179934063), with its head office at 2835 rue Bélanger, Montréal, Québec H1Y 1A8, doing business as Talvia. The company provides technology infrastructure: appointment booking, online questionnaires, secure video consultation, payment, patient portal and document transmission.

The company is not a clinic, is not a healthcare provider and does not practise medicine or any other health profession. No clinical decision is made by the company, its employees or its systems.

2. The healthcare professionals

The health services accessible through the platform are provided by licensed healthcare professionals registered with their professional order, such as specialized nurse practitioners (the “professionals”). The professionals:

• are independent contractors, not employees or agents of the company;
• are members in good standing of their professional order in Québec (Ordre des infirmières et infirmiers du Québec, Collège des médecins du Québec where applicable) and hold the right to practise with patients located in Québec;
• exercise their clinical judgment fully independently and remain solely responsible for the care provided, their record keeping and their prescriptions.

The company verifies each professional’s registration with their order before giving them access to the platform, and verifies it again every year. Your professional’s name and licence number are communicated to you before each consultation.

3. What the platform does not replace

The platform is not suitable for emergencies. If you are experiencing a medical emergency, or if you have suicidal thoughts, call 911 or go immediately to the nearest emergency room. Telemedicine also has limits: a professional may conclude that your situation requires an in-person examination and direct you to the appropriate resource. In that case, the portion of the service not provided is refunded to you.

4. Eligibility and account

You must be 18 or older (or be accompanied by the holder of parental authority), be located in Québec at the time of the consultation and provide accurate information. You are responsible for keeping your login details confidential. An account used fraudulently may be suspended.

5. Consents

Before any first consultation, two separate consents are requested and recorded in your file: consent to care, and consent to the use of telemedicine technology, including its limits. You may withdraw these consents at any time from your portal; withdrawal ends upcoming services without affecting care already provided.

6. Prices, payment and taxes

All prices are shown in Canadian dollars, before booking, and include all fees charged. The contract is concluded when you confirm payment, and a copy is sent to you by email with the appointment confirmation. Payment is collected at the time of booking and confirms the appointment. Fees for health services belong to the professional who provides them; the company collects them on their behalf and remits them, and bills its platform fees separately. Health services provided by professionals are tax-exempt; other fees, if any, are taxable and identified as such.

Our services are not insured by RAMQ. An official receipt is issued automatically for your private insurance; reimbursement by your insurer depends on your plan, and we do not guarantee it.

7. Cancellation, no-show and refunds

• Cancellation 24 hours or more before the appointment: free rescheduling to another time slot, or full refund, your choice.
• Cancellation less than 24 hours before, or no-show: the full amount is retained, as the reserved time slot can no longer be offered.
• Consultation already provided: no refund, regardless of the clinical conclusion. An assessment that does not lead to the hoped-for diagnosis remains a professional service provided.
• Cancellation or absence of the professional: full and automatic refund, or rescheduling at no charge, your choice.
• Service never provided for a reason attributable to us: full refund.

8. Prescriptions and controlled medications

Every prescription is issued, signed and transmitted under the sole authority of the professional. Some medications, including stimulants used for ADHD, are controlled substances subject to specific rules: limited duration, mandatory follow-up, no promise of a prescription. No platform service is conditional on obtaining a prescription, and the company does not sell any medication.

9. Liability

The company undertakes to provide a reliable and secure platform. Its liability is however limited to the operation of the technology. Care, diagnoses, treatments and prescriptions fall exclusively under the professionals, who hold their own professional liability insurance. To the extent permitted by law, the company’s total liability is limited to the amounts you have paid it over the past twelve months. Nothing in these terms limits the rights the law grants you and that cannot be waived.

10. Intellectual property and acceptable use

The platform, its content and its brand belong to the company. You agree not to record consultations without the professional’s consent, not to share your account and not to use the platform for fraudulent purposes, in particular to obtain prescriptions under false pretences.

11. Accuracy of your information

Professionals rely on the information you provide (identity, health status, medication, allergies, questionnaire answers) to treat you safely. You agree to provide accurate and complete information, and to update it when it changes. False or incomplete information may compromise the safety of care and is your responsibility.

12. Service availability and force majeure

We do our best to keep the platform accessible at all times, without being able to guarantee continuous, uninterrupted access. In the event of an outage preventing an appointment from taking place, it is rescheduled at no charge or refunded, your choice. Neither you nor the company is liable for a failure caused by an event beyond reasonable control (major infrastructure outage, disaster, labour dispute at a supplier), provided the affected party makes reasonable efforts to limit its effects.

13. General provisions

If a provision of these terms is found invalid, the others remain in force. Failing to enforce a provision does not amount to a waiver. You may not assign your rights under these terms without our agreement; we may assign them to an entity that continues the platform’s activities, with the same obligations towards you. The articles on liability, personal information and governing law survive the end of your use of the platform.

14. Changes

We may change these terms. Any significant change is announced to you by email and in your portal at least 30 days before it takes effect. The version in force is always the one published on this page, with its date.

15. Governing law and remedies

These terms are governed by the laws of Québec and the laws of Canada applicable therein. Nothing in these terms limits the rights granted to you by the Consumer Protection Act, in particular regarding distance contracts, and no mandatory arbitration clause is imposed on you. Any dispute falls under the courts of the judicial district of Montréal or, at your choice, the district of your residence. You may also contact the Office de la protection du consommateur.

16. Contact us

For any question about these terms: legal@talvia.ca. For your personal information: confidentialite@talvia.ca, to the attention of the person in charge of the protection of personal information.