Terms of Service

Welcome to the Aches Away Toronto Massage Therapy website ("Website"), operated by Aches Away Toronto Massage Therapy ("Aches Away Toronto," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

By accessing or using the Website, or by booking an appointment, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use our Website or services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Aches Away Toronto. We may update or modify these Terms at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates.

2. Services Offered

Aches Away Toronto provides professional healthcare services including, but not limited to, Registered Massage Therapy (RMT), Osteopathy, Naturopathy, and Acupuncture. All services are provided by regulated health professionals licensed and in good standing with their respective regulatory colleges in Ontario (e.g., College of Massage Therapists of Ontario, College of Osteopaths of Ontario, College of Naturopaths of Ontario, and College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario).

2.1. Not Medical Advice

The content provided on this Website (including text, images, videos, and general information about conditions or treatments) is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is crucial to consult with a qualified healthcare professional regarding any medical condition or before making any decisions about your health or treatment.

2.2. Emergency Situations

Do not use this Website for medical emergencies. If you are experiencing a medical emergency, please call 911 or your local emergency number immediately.

3. Website Use and User Conduct

• Permitted Use: You may use the Website only for lawful purposes and in accordance with these Terms. This includes obtaining information about our services, booking appointments, and contacting us.
• Capacity to Contract: By using this Website and booking services, you affirm that you are of legal age to form a binding contract in Ontario (typically 18 years of age) or that you have obtained parental or legal guardian consent if you are under 16 years of age and are seeking services for a minor.
• Prohibited Conduct: You agree not to:
  • Use the Website in any way that violates any applicable federal, provincial, local, or international law or regulation.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Aches Away Toronto or users of the Website or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • If you have a user account (e.g., for booking), you are responsible for maintaining the confidentiality of your password and account information. You agree to notify us immediately of any unauthorized access to or use of your password or account or any other breach of security.

4. Online Booking and Appointments

• Third-Party Booking System: Our online booking system is powered by Jane App, a third-party service provider. By using the Jane App booking system, you acknowledge and agree to be bound by Jane App's terms of service and privacy policy in addition to these Terms.
• Personal Health Information (PHI) via Jane App: When you book or communicate with us through Jane App, your personal health information will be collected and handled in accordance with our Privacy Policy and Jane App's privacy policy. Please be aware that Jane App, GoHighLevel, as third-party service providers, may store or process personal information and PHI outside of Canada (e.g., in the United States). By using the online booking system, you are notified of and consent to this possibility, and understand that your information may be subject to the laws of that foreign jurisdiction.
• Accuracy of Information: You are responsible for ensuring that all information you provide during the booking process, including personal details, contact information, and health information, is accurate, complete, and up-to-date.
• Appointment Confirmation: Your appointment is confirmed only upon receipt of a confirmation notice from Aches Away Toronto (typically via email or SMS from Jane App).
• Arrival Time: We recommend arriving 5-10 minutes prior to your scheduled appointment to allow for check-in and preparation. Late arrivals may result in a shortened treatment time to avoid inconveniencing subsequent clients. The full service fee will still apply for shortened treatments due to late arrival.

5. Fees, Payments, and Billing

• Service Fees: All fees for services are listed on our Website or provided at the time of booking. Fees are subject to change without prior notice.
• Payment: Payment for services is due at the time of your appointment. We accept various payment methods as indicated at our clinic (e.g., credit card, debit, cash, e-transfer).
• Insurance Billing: While we can provide receipts for insurance reimbursement (where available and with your consent), it is ultimately your responsibility to verify your insurance coverage and submit claims. We are not responsible for denied claims.
• Taxes: All applicable taxes will be added to the service fees as required by law.

6. Cancellation and No-Show Policy

Aches Away Toronto adheres to a strict cancellation and no-show policy to ensure efficient scheduling and fairness to our practitioners and other clients.

• Cancellation Notice: We require 24 hours' notice for cancellation or rescheduling of appointments.
• Late Cancellation/Rescheduling: If you cancel or reschedule an appointment with less than 24 hours' notice, a fee equivalent and upto 100% of the scheduled service will be charged.
• No-Shows: If you fail to arrive for a scheduled appointment without any prior notice, you will be charged the full service fee.
• Exceptions: Exceptions to this policy may be made in cases of verifiable emergencies or illness at our sole discretion. Please contact us as soon as possible if an emergency arises.

7. Privacy and Personal Health Information

Your privacy is paramount to us. Our collection, use, disclosure, and protection of your personal information and personal health information (PHI) are governed by our comprehensive Privacy Policy, which is available on our Website. By using our Website and services, you consent to our data practices as described in our Privacy Policy. We comply with all applicable provisions of the Personal Health Information Protection Act (PHIPA) and the Personal Information Protection and Electronic Documents Act (PIPEDA).

8. Intellectual Property Rights

• Website Content: All content on this Website, including text, graphics, logos, images, audio clips, video clips, digital downloads, and data compilations, is the property of Aches Away Toronto or its content suppliers and protected by Canadian and international copyright, trademark, and other intellectual property laws.
• Trademarks: The Aches Away Toronto name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aches Away Toronto or its affiliates or licensors. You must not use such marks without the prior written permission of Aches Away Toronto.
• Limited License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only.

9. Disclaimer of Warranties

The Website and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Aches Away Toronto does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of the Website is at your sole risk.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will Aches Away Toronto, its affiliates, directors, officers, employees, agents, service providers, or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, or any services obtained through the Website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even if foreseeable.

Important Note Regarding Healthcare Services: Nothing in these Terms limits your rights under applicable professional regulatory statutes (such as the Regulated Health Professions Act, 1991, and PHIPA) or the Consumer Protection Act (Ontario). These limitations of liability do not exclude liability for harm resulting from gross negligence, willful misconduct, or statutory violations by our practitioners in the provision of healthcare services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Aches Away Toronto, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

12. Third-Party Links

Our Website may contain links to external websites or integrate third-party platforms (like Jane App). These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Aches Away Toronto regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at: