Clinique NIOS Inc. – Terms of Service

Last Updated: April 29, 2025

Acceptance of Terms

Welcome to the Clinique NIOS Inc. website (the “Site”). By accessing or using our Site or any of the services offered through it, you agree to be bound by these Terms of Service (“Terms” or “Terms of Service”). These Terms constitute a legal agreement between you (“User” or “you”) and Clinique NIOS Inc. (“Clinique NIOS,” “we,” “us,” or “our”). If you do not agree to any of these Terms, please do not use our website or services.

These Terms apply to your use of our website and any online services or content we provide. They also apply to any communications you receive from us (such as SMS/text messages or emails) as a result of using our website or providing your contact information through the Site. Additional terms may apply if you become a patient of Clinique NIOS for healthcare services (for example, consent forms or treatment agreements you sign in person), but those are outside the scope of these website Terms.

Please read these Terms carefully. We recommend that you print or save a copy for your records. If you have any questions about these Terms, feel free to contact us using the information in the Contact section below.

Our Services and Website Use

Clinique NIOS Inc. operates a healthcare clinic in Quebec, Canada, and our website is provided to inform users about our services and allow users to connect with us. Through the Site, you may be able to do a variety of activities, such as:

• Learn about Clinique NIOS’s services, expertise, and clinic information.

• Book appointments or consultations online (when available).

• Fill out inquiry or contact forms to request information or ask questions.

• Subscribe to newsletters or opt-in to receive updates and promotional materials.

• Access educational content such as blog posts, articles, or resources that we may provide about health and wellness topics.

• Find our contact information, location, and hours of operation.

By using the Site, you represent that you are at least the age of majority in your province or territory of residence (for example, 18 years old in Quebec) or that you are using the Site under the supervision of a parent or guardian who agrees to these Terms on your behalf. The Site is intended for use by adults; if you are a parent or guardian, you are responsible for supervising your minor children’s use of the Site. Clinique NIOS does not knowingly allow minors to independently create accounts or provide personal information via the Site without appropriate consent (see our Privacy Policy for more details on children’s privacy).

You agree to use the Site only for legitimate and lawful purposes, such as seeking information about our clinic or accessing our services. You must not use the Site for any fraudulent or harmful activities (see User Responsibilities and Prohibited Conduct below).

User Accounts and Information

In general, our website does not require you to create a user account to access content. You can browse our services and information without registering. However, to use certain features (for example, booking an appointment or subscribing to updates), you may need to provide information or complete a form. When providing information to us through the Site, you agree to:

• Provide Accurate Information: You will ensure that all information you submit (such as your name, contact details, and any inquiry details) is truthful, accurate, and up-to-date. Misrepresenting your identity or contact information could not only lead to communication issues but may also be illegal.

• Keep Information Up-to-Date: If you provide contact information (like an email or phone number) and later change it, please either update the form (if applicable) or inform us of the change when relevant (for example, inform our staff of the new contact info during your next appointment). This ensures we can reach you with important information.

• Confidentiality of Communications: If you do end up with login credentials or use a scheduling portal that requires a password (for instance, if we link you to an external patient portal or scheduling system), you are responsible for maintaining the confidentiality of your login information. Do not share your password with others, and notify us immediately if you suspect any unauthorized access to your account or our systems.

• No Unauthorized Access: You agree not to access or attempt to access any account or data that is not your own, and not to circumvent or attempt to circumvent any security measures on the Site.

If we discover that any information you provided is false or fraudulent, or if we suspect misuse of our Site, we reserve the right to suspend or terminate your access. We also reserve the right to decline service or correspondence if we have reasonable grounds to believe a request is not genuine.

User Responsibilities and Prohibited Conduct

You agree to use the Clinique NIOS Site and services in a responsible manner. You must not engage in any activity that disrupts or interferes with the functioning of the Site or that may harm others or Clinique NIOS. Specifically, when using our Site or services, you agree NOT to:

• Violate Laws: Engage in any behavior that violates any applicable local, provincial, national, or international law or regulation. This includes, but is not limited to, laws governing privacy, electronic communications, and intellectual property.

• Misuse Content: Copy, reproduce, republish, upload, post, or transmit any of the content or material on our Site (such as text, images, logos, and design) for commercial purposes without our prior written permission (see Intellectual Property below for more details). You also agree not to use any trademarks, trade names, or branding from our Site without authorization.

• Introduce Harmful Code: Attempt to introduce viruses, Trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful to the Site, our systems, or other users. You must not attempt to gain unauthorized access to our Site, servers, databases, or any sensitive information.

• Scrape or Data Mine: Use any robot, spider, crawler, or other automated device or process to access the Site for any purpose, including monitoring, scraping, or copying any of the material on the Site, without our prior written consent. (Exception: standard indexing by search engines is allowed.)

• Harass or Harm: Use the Site to harass, defame, abuse, stalk, threaten, or otherwise violate the legal rights of others (including privacy and publicity rights). For example, you should not post any defamatory comments about individuals or share someone else’s personal information without permission.

• Interfere with Use: Take any action that could disable, overburden, damage, or impair the Site (such as a denial-of-service attack) or interfere with any other party’s use of the Site or our services.

• Impersonation: Impersonate or attempt to impersonate Clinique NIOS, our employees, another user, or any other person or entity. This includes not using false identities or someone else’s name when interacting with us online.

• Unauthorized Marketing: Use the Site for any unauthorized or unsolicited advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You also agree not to harvest or collect email addresses or other contact information of users from our site for the purposes of sending unsolicited communications.

Violation of any of the above rules may result in termination of your access to the Site and may expose you to legal liability. Clinique NIOS reserves the right to investigate and take appropriate legal action against anyone who, in our discretion, violates these Terms, including reporting you to law enforcement authorities if your conduct is unlawful.

Intellectual Property

All content on the Clinique NIOS website – including text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software – is the property of Clinique NIOS Inc. or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. The compilation of all content on this Site is the exclusive property of Clinique NIOS Inc. All company names, logos, product and service names, and slogans on our Site are trademarks of Clinique NIOS or of other respective owners (such as partners or suppliers).

• Your Limited Rights: Clinique NIOS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial use. This means you may view, download (cache) or print small extracts of content from the Site for your own informational use (for example, printing a page about our services or saving a copy of these Terms or our Privacy Policy for reference).

• Restrictions: Except as explicitly allowed above, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent. For example, you cannot take our service descriptions or images and use them on your own website or marketing materials without permission.

• Feedback: If you choose to provide feedback, suggestions, or ideas to Clinique NIOS about our Site or services (“Feedback”), you agree that we can use and share such Feedback for any purpose without compensating you. For instance, if you suggest a new feature for the website and we implement it, we do not owe you any payment; that feedback becomes our property.

• Third-Party Intellectual Property: Some content on our Site may belong to third parties (for example, a blog article might contain a third-party image under license, or our site may reference a third-party trademark when discussing a product or partner). All such third-party content or marks are the property of their respective owners and are used on our Site for identification or informational purposes. Your use of our Site does not grant you any license or right to use any third-party content except as part of viewing the Site.

Any unauthorized use of our intellectual property or the Site’s content may result in civil or criminal penalties, and we reserve the right to seek damages and injunctions to the fullest extent permitted by law.

SMS/Text Messaging Program Terms

Clinique NIOS offers an SMS/text messaging program to communicate with users who have opted in, as described in our Privacy Policy’s Opt-In and Communications Consent section. The following terms apply to our text messaging program, in compliance with carrier requirements and anti-spam laws, and are an important part of these Terms of Service. By opting in to receive text messages from us, you accept these SMS terms:

1. Program Description: Clinique NIOS Alerts – By subscribing to our SMS notifications, you will receive messages related to Clinique NIOS services. These may include appointment confirmations and reminders, important updates about our clinic (such as schedule changes or new services), follow-up messages after visits, and occasional wellness tips or promotional offers if you have consented to marketing messages. The frequency of messages will vary based on your interactions (for example, you’ll get reminders when you have upcoming appointments, and possibly a few promotional or informational texts per month if you’ve agreed to those).

2. Opt-In Consent: You will only receive SMS messages if you have explicitly opted in. Typically, you opt in by checking a consent box on our online form and/or responding to a confirmation text. By doing so, you certify that you are the owner or authorized user of the mobile phone number provided and that you agree to receive texts from Clinique NIOS. No purchase is required to join our SMS program.

3. How to Opt-Out (STOP): You can cancel the SMS service at any time. To stop receiving texts, simply text “STOP” to our SMS number or simply reply “STOP” to any message you receive from us. After you send the SMS “STOP” to us, we will send you a one-time reply to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us unless you opt in again. If you change your mind later, you can re-subscribe by following the same opt-in process you did originally.

4. How to Get Help (HELP): If you are experiencing issues with the messaging program or have questions, you can reply “HELP” to any Clinique NIOS text message for assistance. We will respond with information on how to manage your subscriptions and additional contact details for support (such as a phone number or email to reach our staff). You can also contact our clinic directly at [email protected] or call us at +1 (514) 533-6467 for help regarding the SMS service.

5. Message Frequency: Message frequency will vary. You will receive messages whenever relevant to the program you signed up for. For example, if you have an upcoming appointment, you might receive a booking confirmation and a reminder. If you opted into promotional alerts, you might receive a few messages each month about new services or health tips. We strive to keep messages at a reasonable frequency. We will inform you of the expected frequency upon opt-in (e.g., “Msg freq varies”).

6. Message and Data Rates: Standard message and data rates may apply for any texts we send you and any texts you send to us, according to your mobile telephone plan. Carriers are not liable for delayed or undelivered messages. You are responsible for any mobile charges that may apply to text messages (either incoming or outgoing) under your phone plan. If you have any questions about your text or data plan, please contact your wireless carrier.

7. Supported Carriers: Our text messaging service is designed to work with all major mobile carriers. However, we cannot guarantee that your carrier will support our text messaging (for example, some smaller or regional carriers might not support certain shortcodes or long-code messaging services). Most major carriers (such as Bell, Rogers, Telus, etc., in Canada, and their partners) are supported. The list of supported carriers may change, and we are not responsible if your carrier blocks or fails to deliver messages.

8. Privacy: Your phone number and any other personal information you provide for the SMS service will be handled in accordance with our Privacy Policy. We will not share your mobile information with third parties for their marketing purposes. Messages may be processed by our service provider solely to deliver them to you. For any privacy-related questions, you can refer to our Privacy Policy (linked in the footer of our website) or contact our Privacy Officer.

9. Content of Messages: We strive to send helpful and relevant content. However, the SMS service is provided on an “as-is” basis. Messages are for informational purposes. Clinique NIOS is not responsible for messages that are lost or misdirected due to factors outside our control (such as network issues or if you provided the wrong phone number).

10. Age Restrictions: By opting into our SMS program, you confirm that you are 18 or older, or if you are under 18, that you have parental or guardian consent to enroll. If we become aware that we have inadvertently collected SMS consent from a child under 13 without appropriate consent, we will remove that number from our list.

By subscribing to our SMS service, you agree to these terms. We may modify or terminate the SMS program at any time (for example, if messaging laws or carrier rules change). We will notify subscribers of any significant changes to these SMS terms or the program. If you have any questions, please contact us.

Disclaimer of Medical Advice

No Medical Advice Provided on Site: While our website may provide information about health topics, services, and general wellness tips, it is for general informational purposes only and is not medical advice. The content on our Site should not be used to diagnose or treat any health condition, and it is not a substitute for professional medical evaluation, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider (such as a doctor or other licensed practitioner) regarding any medical condition or before starting any new treatment or wellness program.

Clinique NIOS Inc. is a healthcare provider, and when you visit us in person, our qualified professionals will provide medical or therapeutic advice tailored to you. However, any information on this Site is not specific to your personal situation. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor or emergency services immediately. Clinique NIOS does not monitor online inquiries for emergencies and cannot provide emergency or urgent medical advice through the Site.

Clinique NIOS tries to ensure that the information on the Site is accurate and up-to-date, but we make no warranties or representations regarding the accuracy, completeness, or usefulness of any information provided. Use of or reliance on any information on the Site is solely at your own risk.

Other Disclaimers

The Site and all its content, and any services or items obtained through the Site, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Clinique NIOS disclaims all warranties, express or implied, with respect to the Site and its content, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the above, Clinique NIOS makes no representation or warranty that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We cannot guarantee that information transmitted to or from the Site will be fully secure. You understand that any information you transmit is at your own risk.

Any products or services described on the Site are offered in jurisdictions where they may be legally offered. Not all services described are available in all locations. The information on the Site is not a binding offer to sell or provide any service – any appointment or service engagement will be confirmed separately (for instance, via a confirmation email or call, and subject to availability and our acceptance).

Limitation of Liability

To the fullest extent permitted by law, Clinique NIOS Inc. and its directors, officers, employees, agents, or affiliates will not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with your use of (or inability to use) the Site or any content on the Site. This includes, without limitation, any damages for lost profits, lost data, loss of goodwill, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.

Clinique NIOS’s total cumulative liability for any direct damages or claims arising from your use of the Site or these Terms shall not exceed the amount (if any) you have paid to us for the specific service or product from which the claim arises, or CAD $100, whichever is greater. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you fully if prohibited by law.

Healthcare Services: To avoid doubt, this Limitation of Liability section pertains to your use of the website and does not supersede any more specific terms or limitations of liability that might be in the agreement or consent you sign when receiving healthcare services at Clinique NIOS. However, if any claim were to arise related to information you obtained on the Site or online interactions (as opposed to in-person care), that claim would be subject to the limitations stated here.

Clinique NIOS is not responsible for any third-party content or links on the Site (see Third-Party Links below). We have no liability for any acts, omissions, or conduct of any third parties in connection with your use of our Site or any of our services.

Indemnification

You agree to indemnify, defend, and hold harmless Clinique NIOS Inc. and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Service; (b) your use of the Site, including any use of the Site’s content, services, or products other than as expressly authorized in these Terms; (c) your violation of any law or regulation, or the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), in which event you will cooperate fully with us in asserting any available defenses. This provision will remain in effect even after you stop using the Site or after termination of these Terms.

Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Clinique NIOS. For example, we might link out to a health article on another website, to a partner’s site, or use a third-party scheduling tool that directs you to an external domain. Additionally, some functionalities may involve third-party services (like Google Maps for directions to our clinic, or an embedded video via YouTube).

Third-Party Content: These links and integrations are provided for your convenience or reference only. Clinique NIOS has no control over and assumes no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services. A link to a third-party site does not imply endorsement by Clinique NIOS of the site or any association with its operators.

When you click on a third-party link, you will be subject to that third party’s terms and policies. We strongly encourage you to read the terms and conditions and privacy policy of any third-party website you visit or service you use via our Site.

No Liability for Third Parties: You agree that Clinique NIOS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third-party websites or services. If you have any issues or disputes with a third party, you must address them with that third party.

Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. This choice of law applies regardless of your location, and without giving effect to any principles of conflicts of law.

Jurisdiction: You agree that any disputes arising under or relating to these Terms or your use of the Site or services (including any legal proceedings) shall be adjudicated exclusively in the courts of the Province of Quebec, in the judicial district in which Clinique NIOS operates (which is typically in or near Sainte-Thérèse, Quebec). You consent to the exercise of personal jurisdiction by the courts of Quebec for the purpose of resolving any such disputes.

Local Laws: We make no representations that the content of the Site is appropriate or available for use in other locations outside Quebec or Canada. If you access the Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Consumer Protection: If you are using our Site for personal, family, or household purposes (as a consumer), certain consumer protection laws or regulations in Quebec (such as the Quebec Consumer Protection Act) may also apply to your use of the Site or any services arranged through it. Nothing in these Terms is intended to limit your rights under those laws if they apply. In case of any conflict between these Terms and any non-waivable rights under consumer protection law, the latter will prevail.

Informal Resolution: Before filing any formal legal claim against Clinique NIOS, we kindly ask that you first try to resolve the matter by contacting us (see Contact Information below). Often, misunderstandings can be resolved through a simple conversation. We will do our best to address your concerns without the need for legal action.

No Class Actions: To the extent permitted by law, you and Clinique NIOS agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This means we each agree to not participate in a class action or class-wide arbitration for any claims covered by these Terms. The court may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding, unless both you and Clinique NIOS specifically agree to do so in writing after initiating a lawsuit.

Modifications to Terms

Clinique NIOS may revise or update these Terms of Service from time to time in our sole discretion. When we do, we will post the updated Terms on this page and update the “Last Updated” date at the top. It is your responsibility to review these Terms periodically for changes.

If we make significant changes that affect your rights or obligations, we may also provide additional notice to you (such as posting a notice on our homepage or, if you have provided your email through the Site, sending you a notification). However, minor or clarification changes might occur with only the updated Terms posted here.

By continuing to use our Site or services after the Terms have been updated, you are agreeing to the revised Terms. If you do not agree to the new Terms, you must stop using the Site.

Termination

We reserve the right to terminate or suspend your access to all or part of our Site or services, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any law or these Terms. On termination, your rights to use the Site will cease immediately, but the provisions of these Terms which by their nature should survive termination (such as intellectual property rights, disclaimers, limitation of liability, governing law, etc.) will survive.

If you wish to terminate this agreement, you may simply discontinue using the Site. If you have created an account or provided personal information through the Site and wish to have that account deactivated or information deleted, please refer to our Privacy Policy or contact us for assistance.

Contact Information

If you have any questions, concerns, or comments about these Terms of Service or the Site, you can contact us at:

Clinique NIOS Inc.
Address: 109A-275 Boul. du Curé-Labelle, Sainte-Thérèse, Québec J7E 0C2, Canada
Email: [email protected]
Phone: +1 (514) 533-6467

We will make an effort to respond to your inquiries promptly. Communication via email is typically the fastest way to reach us for Site-related queries.

Thank you for reading our Terms of Service. We appreciate your trust in Clinique NIOS Inc. and look forward to serving you. By using our Site and services, you agree to these Terms and help us maintain a safe and informative environment for all users.