Terms of Service

3. Modifications to the Terms and to the Service

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Service. If we determine the modification to be material, we may also, in our sole discretion, notify you in advance of the change. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications. The information and material on this Service, and the Service, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is restricted to users or unavailable at any time or for any period.

4. Your Account and Security

The security of your Information is very important to us.

We use physical, electronic, and administrative measures designed to secure your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your Information also depends on you. You must register an account in order to use the Service. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to or stored on our Service. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any reason, including any violation of any provision of these Terms.

5. Representations and Warranties

You represent and warrant that:

(a) You are over the age of 18 years.
(b) All the information, including any documentation, you provide on the Service is correct, current, and complete.
(c) You are not a US citizen.
(d) You are not prohibited from traveling to Cuba or from obtaining any services or paying for any services in Cuba under the laws of Canada, the United States, Cuba or any other applicable jurisdiction.
(e) You understand that patients with the following patients are not accepted for medical treatment: comatose patients; patients with assisted ventilation, levin or gastrostomy feeding, active bedsores or without sphincter control; and patients with such other conditions as may be determined by the applicable Third-Party Service Provider .
(f) You will are solely responsible for ensuring that you are eligible to travel to Cuba and for complying with all applicable travel requirements, including, but not limited to, any visa requirements and any temporary or permanent travel requirements (such as requirements related to COVID-19 or another pandemic).
(g) You understand that many Cuban laws and the Cuban criminal justice system differs from those in your jurisdiction. Prior to departing for Cuba, you will inform yourself of applicable laws (see, for example, https://travel.gc.ca/destinations/cuba for additional information). You will comply with all applicable law, including all applicable Cuban law.

6. Your Assumption of Risk

You acknowledge that certain activities in which you may participate in connection with the Service, such as travel and medical treatment, carry inherent risks. You agree that, to the maximum extent permitted by applicable law, as between you and Recovery Journey, you assume the entire risk arising out of your access to and use of the Service and any related travel and medical treatment which you choose to obtain. You understand that it is your sole responsibility to determine whether a Third-Party Service Provider, including any medical professional, is suitable for you.

As part of your registration, you will also be asked to sign a Consent to Disclose Personal Information and Waiver of Claims (the “Consent and Waiver”) in which, among other things, you will be required to release Recovery Journey from any liability in connection with your use of the Service and Third-Party Services and to expressly consent to Recovery Journey’s disclosure of Personal Information. If you do not wish to sign the Consent and Waiver, you may not use the Service.

7. Our Fees

Our fees for different plans which we offer are set out at our plans. All fees posted are exclusive of applicable taxes, which you agree to pay.
All fees must be paid to us by valid credit card. Fees paid are non-refundable. Our fees are subject to change without notice. In the event of a change to our fees, you will be responsible for the fee posted at the time you place your order. For example, if we increase our fees after you purchased the Assessment Plan and you then wish to purchase the Service Plan, your fee for Service Plan will be based on the new fee.

8. Rules and Anti-Circumvention

You are prohibited from attempting to circumvent and from violating the security of this Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Service; (f) using any robot, bot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Service.

9. Recovery Journey’s Role

Our role is limited to making the Service available to you and providing you with access to Cuban health professionals and our network of other Third-Party Service Providers. You acknowledge and agree that:

(a) Recovery Journey does not endorse or otherwise recommend a particular Third-Party Service Provider. You are solely responsible for deciding whether a particular Third-Party Service Provider is suitable for you. This includes, without limitation, all medical and other health professionals, travel, accommodations, translators and personal assistants.

(b) Recovery Journey cannot and does not guarantee that you will achieve any particular outcome or that any medical treatment that you obtain will be free of complications. All such information can only be provided to you by your medical professional.

(c) Recovery Journey is not responsible or liable to you for any Third-Party Services.

(d) Although Recovery Journey may, in our sole discretion, choose to assist you in connection with a dispute with a Third-Party Service Provider, we have no obligation to do so.

(e) Recovery Journey is not responsible for monitoring the provision of Third-Party Services to you.

(f) You are solely responsible for all fees payable to Third-Party Service Providers. However, if we become liable to any Third-Party Service Provider in connection with services which you have obtained from them, you are responsible for reimbursing us in accordance with your obligations to indemnify us below. For clarity, as noted above, services provided by Third-Party Service Providers which are included in a Recover Journey plan or for which you otherwise pay Recovery Journey directly, constitute part of the “Service” provided by Recovery Journey, not “Third-Party Services”.

10. Intellectual Property Rights and Ownership

You understand and agree that the Service and its entire contents, features, and functionality are owned by Recovery Journey, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The “Recovery Journey” name and logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Recovery Journey or its affiliates or licensors. You must not use such marks without the prior written permission of Recovery Journey.

You are not permitted to modify copies of any materials from this Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service.

Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access the Service. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, in any form or medium whatsoever except as permitted by us under these Terms or as expressly provided under applicable law. Any use of the Service not expressly permitted by these Terms or under applicable law is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

11. Personal Information which you Submit

As part of the Services, you may provide us with Personal Information (“User Content”). Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations and these Terms.

Without limiting the foregoing, you warrant and agree that your use of the Service and any User Content shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

(b) Include or contain any material that is harmful, offensive or otherwise objectionable, such determination to be made in Recovery Journey’s sole discretion.

(c) Involve, provide or contribute any false, inaccurate or misleading information.

(d) Impersonate or attempt to impersonate Recovery Journey, a Recovery Journey employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

(e) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

By submitting the User Content, you represent and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content complies with applicable laws and regulations and these Terms.

You understand and agree that you, not Recovery Journey nor Recovery Journey’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors or assigns, are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Service.

12. Grant of Licence for Health Information

Recovery Journey acknowledges that you own all right, title, and interest in your Health Information. In order to enable us to store and transmit Health Information in accordance with these Terms and our Privacy Policy, you hereby grant to us a non-exclusive, royalty-free, worldwide licence to reproduce, distribute, and otherwise use and display your Health Information and perform all acts with respect to your Health Information as may be necessary for us to provide the Service.

13. Monitoring and Enforcement, Suspension and Termination

Recovery Journey has the right, without provision of notice to:

(a) Remove or refuse to post on the Service any User Content for any reason in our sole discretion.

(b) At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.

(c) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service.

(d) Terminate or suspend your access to all or part of the Service for any reason, including, without limitation, any violation of these Terms.

You release and hold harmless Recovery Journey and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns from any and all claims resulting from any action taken by Recovery Journey and any of the foregoing parties relating to any investigations by either Recovery Journey or such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Service or its use, and do not and cannot undertake to review material that you or other users submit to the Service. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

14. No Reliance

The content on our Service is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or medical advice before taking, or refraining from, any action or inaction on the basis of any content on our Service.

Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date. Your use of the Service is at your own risk and neither Recovery Journey nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever for your use of this Service.

This Service may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Recovery Journey, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Recovery Journey. Neither Recovery Journey nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

15. Third Party Websites

For your convenience, this Service may provide links to third-party websites, such as Third-Party Service Providers, travel resources, medical resources or social media websites or applications. We make no representations about any other websites or applications that may be accessed from this Service. If you choose to access any such websites or applications, you do so at your own risk. We have no control over the contents of any such websites or applications and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such websites or applications.

16. Disclaimer of Warranties

You understand and agree that your use of the Service, its content, and any services or items found or attained through the Service is at your own risk. The Service, its content, and any services or items found or attained through the Service 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, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither Recovery Journey nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Service or its contents. Without limiting the foregoing, neither Recovery Journey nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns represent or warrant that the Service, its content, or any services or items found or attained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our service or the server that makes it available are free of viruses or other harmful components.

17. Limitation on Liability

In no event shall Recovery Journey be liable to you for any lost revenue, lost profits, damaged data, failure to achieve cost savings, or the failure or increased expense of any treatment or service or for any consequential, incidental, exemplary or punitive damages, even if advised in advance of the possibility of such damages.

In respect of any claim, demand or action by you against Recovery Journey, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, whether based in contract, tort (including negligence) or otherwise, including a breach by Recovery Journey of any of its obligations under these Terms (whether or not a fundamental breach), your sole and exclusive remedy shall be to receive from Recovery Journey payment for actual and direct damages to a maximum aggregate amount equal to the greater of (a) the total amounts you paid to us in connection with the Service related to the claim, demand or action; and (b) Two Hundred and Fifty Canadian Dollars ($250.00 CAD).

18. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Recovery Journey, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms, Third-Party Services which you have obtained, or your use of the Service, including, but not limited to, your User Content, third-party sites, any use of the Service’s content or services other than as expressly authorized in these Terms.

19. Dispute Resolution and Arbitration

Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to the Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and Recovery Journey agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration against the other party.

Except to the extent prohibited by applicable law, if you and Recovery Journey are unable to resolve the Dispute, the Dispute shall be determined exclusively by binding arbitration. The arbitration shall be conducted in the City of Toronto by a single arbitrator. The arbitration shall be resolved using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. or such other rules as may be agreed by the parties. The parties shall be responsible for their own legal costs and shall share the costs of the arbitration equally, subject to an award of the arbitrator to the contrary.

20. Governing Law and Jurisdiction

These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location. Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Service or these Terms. You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.

21. Notice

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at info@rjglobal.ca and all notices from us to you will be displayed on our Service from time to time or sent to you at the email address associated with your account.

22. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

23. Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

24. No Assignment

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

25. Entire Agreement

The Terms and our Privacy Policy any applicable additional consents or terms constitute the sole and entire agreement between you and Recovery Journey regarding the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

26. Residents of Quebec / Résidents du Québec

The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

27. Contact

Should you have any questions regarding these Terms, you may contact us at: info@rjglobal.ca.