Terms of service.
Benchmark Proactive Health Inc. Terms of Service (the “Terms”)
Last Updated: Feb. 27, 2025
1. DESCRIPTION OF SERVICES
2. INFORMATIONAL WELLNESS PURPOSES
3. ASSUMPTION OF RISKS
4. ELIGIBILITY
5. DATA & PRIVACY
6. INTELLECTUAL PROPERTY
7. RESPECT & GOOD FAITH
8. FORCE MAJEURE
9. APPOINTMENT POLICIES
10. USE OF EQUIPMENT & THIRD PARTY SERVICES
11. COMMUNICATION
The Terms are part of a legally binding contract between you (“you,” “your,” “member,” or “user”) and Benchmark Proactive Health Inc. (“Benchmark,” “Company,” “we,” or “us”), and govern your access and use of the services offered or made available by Benchmark Proactive Health Inc., including use of our website, www.mybenchmarkhealth.com, and all services and communications offered in-person, by phone, by text messages, or online (collectively, the “Services”). These Terms are governed by the laws and regulations of Ontario, Canada.
Please read these Terms carefully. You must agree to and accept these Terms in order to access our Services. By accepting these Terms, you are stating that you have read and understood these Terms and that you agree to accept and be bound by these Terms, which can be modified periodically, so review them regularly. Any changes to these Terms are effective upon posting to our website. Your continued use of our Services after an update to these Terms has been posted constitutes your acceptance of the Terms as modified by such updates. If you disagree with these Terms, your sole remedy is to discontinue use of the Services.
DESCRIPTION OF SERVICES
Benchmark provides health assessments, data and analysis, educational resources, expert insights, and guidance and support to help you take control of your health and optimize it.
2. INFORMATIONAL WELLNESS PURPOSES
Benchmark does not provide medical services, and no doctor-patient relationship is formed through use of our Services. Benchmark’s services are not to be used for the diagnosis, treatment, detection, prevention, or management of any disease or condition. All information, data, and content that Benchmark provides are for general informational purposes only. No doctor-patient relationship is formed.
Benchmark’s Services are not a substitute for medical care, medical advice, and/or the services offered by your own primary health provider. Seek the advice of a qualified healthcare professional to discuss any diagnosis, treatment, questions, or decisions related to your healthcare. Do not delay in seeking advice or care, or otherwise ignore the advice or direction of a qualified healthcare professional based on your use of our Services. If you believe you may be experiencing a medical emergency, dial 911 immediately.
3. ASSUMPTION OF RISKS
To the fullest extent permitted by applicable law, you agree that you use our Services, and any information provided in connection with our Services, at your own risk. You acknowledge that, before using our Services, it is important that you seek the advice of a qualified healthcare professional to determine whether you should use our Services given your medical history and personal circumstances. It is ultimately your decision to participate in any aspect of our Services, and you assume all risks associated with using our Services, including aspects of our Services we offer directly and those we facilitate through third parties. These risks include but are not limited to those associated with physical testing, such as injury, fatigue, fainting, abnormal blood pressure, irregular heart rhythm, injury, and in very rare instances, heart attack, stroke, or death.
You also take on all risks associated with use of equipment or assessments associated with our Services delivered or facilitated by third parties, including but not limited to blood testing, the use of a wearable device, the use of a Continuous Glucose Monitor, the use of a blood pressure monitor, the use of a respiratory testing mask used for the VO2 Max test (which is a maximal exercise test used to estimate your maximal oxygen utilization), and the use of other fitness equipment and assessment devices we employ. This includes physical risks, as well as risks associated with data privacy of data collected and managed by third-party providers.
Before you participate in our in-person assessments, you will be required to complete a screening questionnaire to identify whether any assessment is not suitable for you, or requires modification. You will also be required to review and sign a consent form that informs you of the purpose, design, and key risk factors associated with in-person assessments.
While Benchmark will make every effort to ensure that the information we provide is complete and accurate in all cases, you acknowledge and accept that the information we provide may be incomplete or inaccurate. Such information includes but is not limited to the following as part of our Services: (a) results of the tests conducted by Benchmark or via third parties as part of our Services, (b) explanations, interpretations, and recommendations offered in relation to such results, c) benchmarking data offered to you for reference, and c) educational content we provide or recommend. Benchmark does not warrant the accuracy, completeness, or precision of any test results, data, or information accessed or delivered through our Services.
A margin of error exists with the equipment, protocols, and reference data we use; the information provided should always be taken as directional rather than precise. Even under the best conditions, it is important to understand that the assessments we use naturally have a limited level of precision attainable, and will have variability across testing instances. Variability may include but is not limited to: differences in sensitivity or calibration across testing devices, differences in environmental conditions during testing occasions, differences in the protocols used or the level of adherence to protocols, etc.. Additionally, the reference data we offer as population reference points represent what we have deemed to be the most relevant available, but these are only provided to contextualize the data at a high level, not with any degree of precision. The availability and relevance of reference data vary significantly across metrics as well as population characteristics (for example, they are not available for every ethnicity or age). If the results of an assessment are drastically different from what we would expect, or we believe results have been significantly compromised through no fault of your own, we will notify you and offer to repeat the assessment.
ELIGIBILITY
You acknowledge and agree that you are eligible to use our Services. You must be twenty (20) years of age or older to use our Services. You represent that you are of sound mind and body to agree to our Terms, and that you are equipped and authorized to: (a) consent to our Terms, (b) authorize and make payments to us, (c) authorize all rights and licenses herein granted to Benchmark and assume all responsibilities, liabilities, debts, and obligations herein required of you, (d) submit any personal or other information requested in connection with our Services, and (e) provide us with complete and accurate information to the best of your knowledge.
We reserve the right to deny any or all aspects of our Services to anyone at any time. Such reasons may include but are not limited to: if you do not meet eligibility or safety requirements, or for any violation of our Terms. Furthermore, you may not use some or all of our Services and/or you may be required to cease the use of some or all of our Services, if you: (a) fail to meet the safety screening requirements to participate in any particular aspect of our Services, and/or (b) receive advice from your healthcare provider that you should not participate in any aspect of our Services, and/or (b) are under a legal obligation that restricts and/or precludes your use of our Services, and/or (c) you display threatening, abusive, or disruptive behavior in the determination of a Benchmark representative, employee, partner or third party, and/or d) you are unwilling or unable to fully agree to and abide by our Terms.
If you do not meet certain screening criteria to participate in any aspect(s) of our Services, or you receive advice from your healthcare provider that you should not participate in any particular aspect(s) of our Services, including but not limited to: VO2 Max maximal exercise testing, balance testing, strength testing, jump testing, DEXA Body Composition Scan, Continuous Glucose Monitoring, and/or Blood Testing, you will not be eligible to participate in such aspect(s) of our Services. In such cases, we will try to offer a suitable alternative if/where possible, but we reserve the right to exclude this aspect entirely. It is your responsibility to notify us of any health issues, concerns, or conditions that may impact your participation in our Services, and to notify us of any changes to your health that may impact your participation over the course of delivery of our Services.
5. DATA & PRIVACY
You have reviewed and agree with our Privacy Policy, which describes how we collect, use, and store your personal information, how we communicate with you, and how we protect your privacy. It is available on our website at: https://mybenchmarkhealth.com/privacy. We will make changes to the Privacy Policy periodically; please review it regularly for updates.
You will be required to agree to, and abide by, the Terms of Service and Privacy Policy of each third-party equipment and/or software provider we use for the delivery of our Services. Some of these also require you to download one or more mobile apps. In some cases, we access your results through the data-sharing platform of the third-party provider. This includes but is not limited to our partners for blood testing, continuous glucose monitoring, blood pressure, and wearables.
You consent to sharing your personal information, including health information electronically, including via a third-party provider’s data-sharing platform or via email. We limit the sharing of your personal information via email, and employ safeguards to protect your privacy, including encryption of the data in transit.
You consent to our collection and use of your anonymized data, where personally identifiable information has been removed. As outlined in our Privacy Policy, we aggregate and analyze our members’ data, after removing personally identifiable information, to help Benchmark, our members, or relevant third parties we partner with, learn about important health and wellness data as we collect it over time.
6. INTELLECTUAL PROPERTY
Proprietary Materials: Benchmark owns all copyrights to the materials we create and make available in association with our Services (the “Materials”). You agree not to publish, distribute or repurpose the Materials in any way for any purpose except with our express written consent.
Trade Secrets: Benchmark owns and retains all rights, title, and interest in and to our Services, including the underlying methodologies, design, protocols, techniques, and know-how embodied therein, which constitute Benchmark’s valuable trade secrets. Your participation in our Services does not grant you any license or right to use these trade secrets outside the scope of your personal use during the delivery of our Services.
Confidential Information: During your participation in our Services, you may learn confidential and proprietary information belonging to Benchmark, including, but not limited to, our unique methodologies, processes, tools, techniques, training materials, business strategies, marketing plans, pricing structures, and other non-public information related to our Services (collectively, “Confidential Information”). You agree to keep all Confidential Information strictly confidential and not disclose it to any third party without the Company’s prior written consent. This obligation of confidentiality shall survive the termination of this agreement and your participation in our Services.
7. RESPECT & GOOD FAITH
You will use our Services and abide by these Terms in mutual good faith. You agree to bring any complaints or issues to our attention in a timely manner and before taking further action so that we may have the opportunity to work with you to address your concerns and work toward an amicable resolution. We welcome and appreciate your feedback at all times.
You agree to treat Benchmark, its representatives, employees, associates, and partners with respect and courtesy. We will not tolerate harassment of any kind. Similarly, we agree to treat you with respect and dignity at all times. You agree not to attack or criticize Benchmark or any of its employees, associates, or partners publicly (including but not limited to posting on social media, discussion forums, blogs, or media outlets). Similarly, Benchmark agrees not to publicly attack or criticize you.
8. FORCE MAJEURE
Benchmark will not be liable for any loss or damage arising from any event or multiple events beyond its reasonable control (singularly, a “Force Majeure Event” and collectively, “Force Majeure Events”). Such an event or events includes but is not limited to: extraordinary weather conditions, earthquake, flood, tornado, or other act of God, pandemic, fire, war, insurrection, riot, civil unrest, labour dispute, accident, government action, power failure, telecommunications failure, or equipment or software malfunction.
Neither you nor Benchmark shall be liable or responsible to each other nor be deemed to have defaulted under or breached your respective contractual obligations to each other for any failure or delay in fulfilling or performing any contractual obligations, when and to the extent such failure or delay is caused by one or more Force Majeure Events.
9. APPOINTMENT POLICIES
Appointments must be rescheduled or canceled at least 24 hours in advance to avoid fees. Late cancellations or rescheduling (within 24 hours) or no-shows will be charged 50% of the appointment fee, up to a $150 maximum fee. In the case of rescheduling or cancellation more than 24 hours in advance, any prepayment will be credited to future appointments or refunded upon request. Emergencies, illnesses, and other unforeseen circumstances will be considered on a case-by-case basis. We value your time very highly, and we appreciate your respect for our time. Limiting last-minute cancellations and rescheduling helps us offer as much availability as possible to other members looking for suitable booking options.
10. USE OF EQUIPMENT & THIRD PARTY SERVICES
You acknowledge that it is your responsibility to read, understand, and follow the Terms of Use, Privacy Policy, and any other legal documentation associated with the equipment you use and the assessments provided by third parties as part of our Services.
If you do not return the equipment provided by Benchmark for your use (excluding single-use items), within eight (8) weeks following your initial appointment, you will be charged the replacement cost(s). If you decide you would like to purchase the equipment from us, please notify us. If you experience any issues with the equipment provided, you agree to notify Benchmark immediately so that we can help to resolve the issue.
11. COMMUNICATION
You agree to receive communications from Benchmark. Benchmark will send email communications, and may send text messages in order to deliver our Services. We will also send marketing messages before, during, and after your participation in Benchmark services. We will only send messages that we think will be of interest to you. If you prefer not to receive text messages from us, please reply with “STOP” at any time. If you would like to stop receiving email marketing messages, please click the unsubscribe link within the email, or email us at hello@mybenchmarkhealth.com to be removed from our mailing list, or any other marketing communications. We will not sell or rent your email address or other information to third parties.
We will do our best to respond to your inquiries in a timely manner, but it may take several days or as long as a few weeks, depending on the nature of the inquiry and our request volume. We will acknowledge receipt of your inquiry and provide our best estimate of response time if we expect an extended delay. We are a small team and we appreciate your patience. If you are awaiting a reply or wish to obtain an update, please do not hesitate to follow up with us, by sending an email to hello@mybenchmarkhealth.com.
You acknowledge that you’ve had the opportunity to ask any questions concerning these Terms and/or our Privacy Policy, and that if so, these questions have been answered to your satisfaction.
You will notify us and immediately terminate use of our Services if at any point you are no longer willing or able to agree to and abide by our Terms.
Thank you for taking the time to read and understand these Terms. We are happy to clarify anything, and as with all the materials, documents, and policies we share, we welcome your questions and feedback. Please reach out to us with any questions by emailing us at hello@mybenchmarkhealth.com