Definitions
The following terms shall have the meanings set out below wherever they appear in this Agreement:
"Platform" means the RecoveryRoute website, online marketplace, booking infrastructure, and associated digital tools and interfaces through which Users may search for, review, inquire about, and submit Booking Requests for Programs offered by independent Providers.
"User" means any individual who accesses or uses the Platform in connection with seeking a Program, whether for themselves or, where legally authorized, on behalf of another individual.
"Provider" means an independent treatment centre, rehabilitation facility, healthcare provider, or other organization whose Programs are advertised or made available through the Platform.
"Program" means an individual substance-use-disorder treatment, rehabilitation, recovery, or related program advertised by a Provider through the Platform.
"Booking Request" means a request submitted by a User through the Platform seeking admission to, or reservation of a place in, a Program. A Booking Request does not itself constitute acceptance or admission by the Provider.
"Booking" means a Booking Request that has been accepted by the applicable Provider and subsequently confirmed by the User where User confirmation is required.
"Deposit" means any deposit paid by a User to RecoveryRoute in connection with a Booking Request and intended to be credited against the cost of the applicable Program.
"Provider Payment" means any deposit, fee, program charge, or other amount paid by a User directly to a Provider rather than to RecoveryRoute.
"Force Majeure Event" means an unforeseeable and irresistible event beyond the reasonable control of the affected party that prevents the performance of an obligation under this Agreement or prevents a Provider from delivering a confirmed Program, including natural disasters, fires, floods, epidemics or pandemics, government orders, mandatory facility closures, widespread telecommunications or infrastructure failures, or other comparable events.
Governing Law
Subject to any mandatory consumer protection, privacy, jurisdictional, or other laws that apply to the User and cannot lawfully be waived by agreement, this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.
Nothing in this Agreement is intended to waive or restrict any right or protection available to a User under a law that applies notwithstanding a contractual choice of law.
Jurisdiction
Subject to the exception below and to any mandatory law applicable to the User, any action, proceeding, or dispute arising out of or relating to this Agreement, the Platform, a Booking Request, or a Booking shall be brought exclusively before the courts of the Province of Quebec, and the User and RecoveryRoute irrevocably submit to the jurisdiction of those courts.
This does not apply to the extent that applicable consumer protection or other mandatory law gives the User a right to commence a proceeding in another jurisdiction or otherwise prohibits or renders unenforceable an exclusive forum-selection clause.
Acceptance and Term
This Agreement comes into effect when the User accepts it electronically and remains applicable for as long as the User uses the Platform in connection with a Booking Request or Booking, or otherwise has outstanding rights or obligations arising from use of the Platform.
Electronic acceptance of this Agreement has the same effect as acceptance of a written contract.
A User submitting information or a Booking Request on behalf of another person represents that they have the authority required by applicable law to provide that information and act on that person's behalf.
A User must have the legal capacity required under applicable law to enter into this Agreement or must use the Platform through a parent, guardian, representative, or other person lawfully authorized to act on their behalf where required.
Nature of the RecoveryRoute Platform
RecoveryRoute's Role
RecoveryRoute operates a marketing platform and online marketplace through which independent Providers may advertise Programs and Users may search for Programs and facilitate Booking Requests.
RecoveryRoute is not a hospital, rehabilitation centre, treatment centre, medical clinic, healthcare provider, counsellor, therapist, physician, psychologist, social worker, financial adviser, lawyer, or other professional service provider, and does not provide medical, clinical, psychiatric, psychological, therapeutic, legal, financial, or other professional advice through the Platform.
Information made available through the Platform is provided for informational and marketplace purposes only and is not a substitute for assessment, diagnosis, advice, or treatment from an appropriately qualified professional. RecoveryRoute does not independently determine whether any particular Program is medically or clinically appropriate for a particular User.
No Emergency or Crisis Services
RecoveryRoute is not an emergency, crisis intervention, medical triage, or emergency referral service. A User experiencing a medical or psychiatric emergency, an overdose, an immediate risk of self-harm or harm to another person, or another urgent situation should contact the appropriate emergency services or qualified healthcare professionals rather than rely upon the Platform or a Booking Request.
Independent Providers
Relationship Between RecoveryRoute and Providers
Providers advertised through the Platform are independent organizations and are not employees, agents, partners, joint venturers, representatives, or subsidiaries of RecoveryRoute unless an affiliation is expressly identified by RecoveryRoute on the applicable Program listing. RecoveryRoute does not itself operate, manage, supervise, control, or deliver the Programs advertised by independent Providers.
A Provider is solely responsible for its clinical assessments, admission decisions, treatment decisions, staffing, facilities, accommodations, policies, Program delivery, discharge decisions, professional services, and interactions with Users. Any treatment relationship or other service relationship arising between a User and a Provider is separate from the User's relationship with RecoveryRoute.
Subject to applicable law and Section 15, RecoveryRoute is not responsible for acts, omissions, representations, decisions, treatment, care, services, or other conduct occurring exclusively between a User and an independent Provider.
Provider Decisions
Providers retain sole responsibility for determining whether a User satisfies their admission requirements and whether a particular Program is clinically, medically, operationally, or otherwise suitable for the User. RecoveryRoute does not direct or control a Provider's decision to accept or reject a User.
Program Information and Listings
Information Supplied by Providers
RecoveryRoute uses reasonable efforts to maintain accurate and current information on the Platform, but relies substantially upon Providers to supply and maintain information concerning their Programs, including pricing, availability, accommodations, amenities, services, eligibility requirements, licensing, accreditation, staffing, and other Program characteristics. RecoveryRoute does not warrant that every item of Provider-supplied information will at all times be complete, current, or free from error.
Images
Images displayed on the Platform are intended to provide a reasonable visual representation of the Provider, Program, accommodations, facilities, or amenities to which they relate. Users acknowledge that ordinary differences may exist between images displayed on the Platform and the physical environment encountered at the time of admission as a result of renovations, changes in furnishings, room assignment, seasonal conditions, photographic lighting, image processing, the passage of time, or similar circumstances. Nothing in this section permits RecoveryRoute or a Provider to knowingly make a materially false or misleading representation concerning a Program.
Booking Requests and Admission
Nature of a Booking Request
Submission of a Booking Request does not guarantee:
- admission to a Program;
- that space remains available at the time the Provider reviews the Booking Request;
- that the Provider will determine the Program to be clinically or medically appropriate for the User;
- that the User satisfies the Provider's admission criteria;
- that a particular admission date will be available;
- that insurance or another third party will pay any portion of the Program cost; or
- except where expressly confirmed as part of the Booking process, that pricing or other Program details will remain unchanged indefinitely.
A Provider may require additional information, screening, assessment, documentation, or communication before deciding whether to accept a Booking Request, and may reject a Booking Request where it determines that the User does not satisfy its admission criteria, that the Program is not appropriate for the User, that capacity is unavailable, or for another lawful reason.
Confirmation
Where a Provider accepts a Booking Request, RecoveryRoute may notify the User through the Platform, email, telephone, text message, or another contact method provided by the User. Where the Booking process requires the User to affirmatively confirm the Provider's acceptance, the Booking shall be treated as confirmed once that affirmative confirmation has been communicated through the applicable Booking process.
Deposits, Payments, and Refunds
Deposits
Users are required to pay a Deposit when submitting a Booking Request. The amount of any Deposit and its relationship to the total Program cost shall be disclosed to the User as part of the Booking process.
Subject to any cancellation, refund, or other right conferred by applicable law and except as otherwise provided in Section 10, a Deposit becomes non-refundable upon the earlier of:
- forty-eight (48) hours after submission of the applicable Booking Request; or
- the User affirmatively confirming that they wish to proceed after the applicable Provider has accepted or confirmed the Booking Request.
Any refund of a Deposit before either of those events shall be governed by the refund conditions presented to the User during the Booking process and any mandatory rights available under applicable law. Nothing in this section limits a User's right to a refund, cancellation, rescission, charge reversal, or other remedy where such right is required by applicable law and cannot lawfully be waived.
The Deposit is paid in connection with RecoveryRoute's facilitation and confirmation of the Booking and does not constitute a guarantee that the User will be admitted to, remain enrolled in, or complete the applicable Program. Once the Deposit has become non-refundable, commencement or subsequent termination of the User's participation in the Program does not, by itself, restore any right to a refund of the Deposit.
Payments Made Directly to Providers
A Provider Payment is a transaction between the User and the applicable Provider and is distinct from a Deposit. RecoveryRoute does not receive, hold, control, or administer Provider Payments unless the Platform expressly states otherwise with respect to a particular transaction, and cannot guarantee, issue, compel, or administer the return of money paid directly to a Provider. Refunds of Provider Payments, including deposits paid directly to a Provider, are governed by the agreement and policies between the User and the Provider and by applicable law.
Program Cancellation, Unavailability, and Early Termination
Force Majeure Events
A Force Majeure Event shall excuse the affected party from performance of an obligation under this Agreement only to the extent that the event actually prevents performance of that obligation. A circumstance shall not constitute a Force Majeure Event merely because performance has become more difficult, inconvenient, or expensive.
Provider Inability to Deliver a Confirmed Program
If, after a Booking has been confirmed, the Provider becomes unable to deliver the confirmed Program because of a Force Majeure Event or another circumstance not caused by the User, any Deposit paid to RecoveryRoute in connection with that Booking shall be refunded to the User, notwithstanding that the Deposit may otherwise have become non-refundable, except to the extent otherwise required or permitted by applicable law. This refund does not make RecoveryRoute responsible for any additional amounts, expenses, losses, or damages arising from the Provider's inability to deliver the Program, except to the extent that such responsibility cannot lawfully be excluded or limited.
Discharge or Termination After Admission
A confirmed Booking and payment of a Deposit do not guarantee that a User will remain enrolled in or complete a Program after admission. Following admission, the Provider retains sole responsibility for determining whether the User may continue participating in the Program in accordance with the Provider's clinical judgment, admission criteria, rules, policies, safety requirements, and applicable law.
A Provider may discharge, transfer, suspend, or terminate a User's participation in a Program where the Provider determines that such action is appropriate or necessary, including because of:
- conduct that threatens or materially interferes with the safety, wellbeing, treatment, or rights of the User, other clients, staff, or third parties;
- violence, threats, harassment, possession or use of prohibited substances or items, or other serious misconduct;
- repeated or material non-compliance with the Provider's reasonable rules, policies, treatment requirements, or behavioural expectations;
- materially false, incomplete, or misleading information supplied by or on behalf of the User that affects the Provider's ability to safely or appropriately provide the Program;
- a change in the User's medical, psychiatric, clinical, or behavioural condition such that continued participation is no longer appropriate or safe; or
- another lawful reason arising after admission that materially affects the Provider's ability to continue providing the Program.
Where a User has commenced the Program and is subsequently discharged, transferred, suspended, or removed for a reason described above, the User shall not thereby become entitled to a refund of any Deposit that had already become non-refundable. Any refund, credit, or reimbursement of amounts paid directly to the Provider following discharge or termination shall be governed by the agreement and policies between the User and the Provider and by applicable law.
RecoveryRoute does not review, supervise, or overturn a Provider's clinical, disciplinary, safety, or discharge decisions. RecoveryRoute may, in its discretion, provide reasonable administrative assistance to facilitate communication between the User and Provider, without assuming responsibility for the underlying dispute. Nothing in this section limits any refund or other remedy to which the User is entitled under applicable law or where the User's discharge or inability to continue the Program results from a breach of an obligation independently owed by RecoveryRoute to the User.
Effect of Force Majeure on RecoveryRoute
RecoveryRoute shall not be liable for a delay or failure to perform an obligation under this Agreement to the extent that the delay or failure results directly from a Force Majeure Event, provided that RecoveryRoute has not expressly assumed the risk of that event and takes reasonable measures to mitigate its effects. This does not permit RecoveryRoute to retain money that applicable law requires to be returned to the User.
User Information and Responsibilities
The User must provide information that is accurate, complete, current, and not misleading when using the Platform or submitting a Booking Request, and must promptly correct any material information that becomes inaccurate or incomplete during the Booking process. The User acknowledges that Providers may rely upon information supplied by the User when assessing admission, eligibility, clinical suitability, accommodations, payment requirements, or other aspects of a Booking.
To the extent permitted by applicable law, RecoveryRoute is not responsible for a lost deposit, rejected admission, delayed admission, additional expense, or other consequence resulting from materially inaccurate, incomplete, or misleading information supplied by the User. Nothing in this section requires a User to provide information that RecoveryRoute does not lawfully request or authorizes RecoveryRoute to use information for a purpose inconsistent with this Agreement or the Privacy Policy.
Booking Support
RecoveryRoute may provide reasonable administrative support concerning the use of the Platform and the Booking process, including the transmission or status of a Booking Request, technical issues, a Deposit, communications transmitted through the Platform, and other matters directly arising from RecoveryRoute's operation of the Booking process.
RecoveryRoute's support role does not extend to administering or resolving disputes that arise solely between the User and a Provider concerning the Provider's delivery of treatment or services, including disputes concerning clinical or treatment decisions, the quality or outcome of treatment, discharge or termination of treatment, Provider conduct or personnel, a Provider's internal policies, Provider Payments, or the return of a deposit or other amount paid directly to the Provider. RecoveryRoute may, in its discretion and without assuming responsibility for the underlying dispute, provide Users with reasonable administrative assistance or information intended to facilitate communication with a Provider.
Privacy, Personal Information, and Communications
Privacy Policy
RecoveryRoute handles personal information in accordance with its Privacy Policy, which is incorporated into and forms part of this Agreement to the extent permitted by applicable law, and shall be made available to the User before or at the time this Agreement is accepted.
By submitting information through the Platform, the User authorizes RecoveryRoute, subject to the Privacy Policy and applicable law, to collect, use, disclose, and otherwise process the information reasonably necessary to respond to the User's inquiry, operate the Platform, process and administer a Booking Request, transmit relevant information to Providers involved in the request, administer Deposits and related transactions, provide Booking support, and perform other purposes identified in the Privacy Policy or otherwise authorized by the User. A Provider that receives a User's information may be independently responsible for its subsequent collection, use, retention, disclosure, and protection of that information in accordance with the laws applicable to that Provider.
Transactional Communications
The User agrees that RecoveryRoute may send service-related or transactional communications reasonably necessary to operate the Platform or administer a User's request, including communications concerning Booking Requests, Provider responses, Booking confirmations, payments, cancellations, refunds, account security, support inquiries, or other service-related activity. Transactional communications are distinct from promotional or marketing communications and shall be sent in accordance with applicable law.
Acceptable Use and Intellectual Property
Prohibited Conduct
A User shall not misuse the Platform or interfere with its operation, security, availability, or integrity. Without limitation, a User shall not:
- knowingly submit false, fraudulent, misleading, or unauthorized information;
- impersonate another person or falsely represent authority to act for another person;
- attempt to access another User's account, Booking details, Provider account, Provider tools, administrative systems, or information that the User is not authorized to access;
- circumvent or attempt to circumvent access controls, security systems, authentication procedures, or other technical safeguards;
- introduce malicious code, malware, automated attacks, or other material intended to damage or disrupt the Platform;
- scrape, systematically extract, reproduce, republish, copy, commercially exploit, or reuse Platform content except where authorized by RecoveryRoute, expressly permitted through Platform functionality, or permitted by applicable law;
- use the Platform to harass, threaten, defraud, abuse, or harm another person or organization; or
- use the Platform for an unlawful purpose.
RecoveryRoute Intellectual Property
RecoveryRoute retains all rights, title, and interest in and to the Platform, including its software, design, trademarks, branding, databases, compilation of content, and other intellectual property owned by RecoveryRoute. Nothing in this Agreement transfers ownership of RecoveryRoute intellectual property to the User. RecoveryRoute grants the User a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its intended personal purposes in accordance with this Agreement.
Service Availability, Third Parties, and Limitation of Liability
RecoveryRoute shall use commercially reasonable efforts to maintain the Platform in a functional and accessible condition but does not guarantee continuous or uninterrupted availability. The Platform may be affected by maintenance, technical failures, telecommunications interruptions, cybersecurity incidents, third-party service failures, Force Majeure Events, or other circumstances beyond RecoveryRoute's reasonable control.
To the extent permitted by applicable law, RecoveryRoute shall not be responsible for loss or damage arising exclusively from a Provider's independent admission, treatment, discharge, transfer, suspension, or other clinical or operational decision; the independent delivery of treatment or other services by a Provider; a treatment outcome; a Provider Payment; the unavailability or failure of an independent third-party payment processor, communications provider, mapping service, hosting provider, or similar third-party service; or materially inaccurate information submitted directly by a User or Provider that RecoveryRoute did not know, and could not reasonably have been expected to know, was inaccurate.
The limitations contained in this Agreement apply only to the fullest extent permitted by applicable law. Nothing in this Agreement excludes, restricts, or limits liability where such exclusion, restriction, or limitation is prohibited by applicable law, including RecoveryRoute's liability for its own intentional misconduct, fraud, gross fault or gross negligence where such liability cannot lawfully be limited, or for bodily or moral injury where applicable law prohibits such limitation. Nothing in this Agreement limits a statutory warranty, consumer remedy, privacy right, or other legal protection that cannot lawfully be waived.
Suspension and Termination
A User may stop using the Platform at any time and may request deletion or closure of their account where account functionality is provided, subject to outstanding Booking Requests, Bookings, payment obligations, record-retention requirements, and rights or obligations that survive termination.
RecoveryRoute may suspend or restrict a User's access to the Platform where reasonably necessary to protect the Platform, Users, Providers, or third parties from fraud, abuse, security threats, or unlawful activity; respond to a material breach of this Agreement; comply with law, regulation, legal process, or an order of a competent authority; or address conduct that materially interferes with the operation or integrity of the Platform. Where reasonably practicable and legally permitted, RecoveryRoute shall provide notice of a suspension or termination materially affecting an existing Booking Request.
Suspension, termination, or account closure does not extinguish any right, obligation, payment, refund entitlement, or liability arising before the effective date of such suspension, termination, or closure.
Changes to the Platform
RecoveryRoute may update, modify, discontinue, suspend, or replace features or functionality of the Platform from time to time, and shall not be responsible merely because a feature is modified or discontinued, subject to any obligation imposed upon RecoveryRoute by applicable law or already undertaken in connection with an existing Booking. A change to the Platform does not authorize RecoveryRoute to retroactively alter the material financial terms of a confirmed Booking except with the User's agreement or where otherwise permitted by applicable law.
Amendments to this Agreement
RecoveryRoute may amend this Agreement from time to time in accordance with applicable law. When this Agreement is amended, RecoveryRoute shall revise the effective date displayed at the beginning of the Agreement and, where required by applicable law or appropriate having regard to the nature of the amendment, provide additional notice through the Platform, email, or another appropriate communication method.
Where applicable law requires advance notice, a right to reject an amendment, termination rights, or other procedural protections in connection with an amendment, RecoveryRoute shall provide those protections. Unless otherwise permitted by applicable law or agreed to by the User, a material amendment shall not retroactively alter the financial terms, refund conditions, or other material contractual terms applicable to a Booking Request submitted before the amendment takes effect.
General Provisions
Entire Agreement
This Agreement, together with the Privacy Policy and any additional terms expressly presented to and accepted by the User in connection with a particular transaction, constitutes the agreement between RecoveryRoute and the User concerning use of the Platform.
Severability
If any provision of this Agreement is determined by a court or other competent authority to be invalid, unenforceable, or without effect, that determination shall not affect the remaining provisions except where applicable law or the nature of the Agreement requires otherwise.
No Waiver
RecoveryRoute's failure to exercise or enforce a right under this Agreement on one occasion does not constitute a waiver of that right on another occasion.
Assignment
A User may not transfer their account or rights under a Booking Request to another person except with RecoveryRoute's consent where such consent is reasonably required to administer the Booking. RecoveryRoute may transfer this Agreement in connection with a lawful merger, amalgamation, reorganization, sale of substantially all relevant assets, or other corporate transaction, subject to applicable law and without reducing any mandatory rights of the User.
Survival
Provisions that by their nature are intended to continue after a User ceases using the Platform, including provisions concerning payments, intellectual property, privacy, existing disputes, and limitations of responsibility, shall survive to the extent necessary to give them effect and to the extent permitted by applicable law.
Contact
Questions concerning this Agreement, a Booking Request, or the operation of RecoveryRoute may be directed to RecoveryRoute Inc. at info@recoveryroute.com.