Wello’s Terms and Conditions

Last updated: September 9, 2021

Inliv Inc. doing business as Wello (“Wello”, “we”, “us” or “our”) operates the www.wello.ca website (the “Website”) through which you can access a variety of health and wellness services, information, content and tools (together with the Website, the “Services”). Your access to and use of the Services is conditional on your acceptance of these terms and conditions of use (the “Terms and Conditions”). By visiting this Website and/or accessing or using the Services, including without limitation accessing, using, and/or downloading messages, information, data, text, software, images, or other content from the Services, you accept and agree to abide by these Terms and Conditions. If you do not agree to abide by the Terms and Conditions, you must immediately discontinue all access to and use of the Services.

These Terms and Conditions are effective as of the Last Updated date above. We reserve the right to amend these Terms and Conditions at any time. We will notify you of material changes to these Terms and Conditions by posting the revised version of the Terms and Conditions on the Website and updating the Last Updated date. We recommend that you visit the Website frequently to review the latest version of these Terms and Conditions. By continuing to use the Services after the updated Terms and Conditions have been posted to the Website, you agree to the updated Terms and Conditions.

User accounts
In order to create a Wello User Account you must be 16 years of age or older and a permanent or temporary resident of Canada with a provincial health insurance number. Once your Wello User Account has been created, you can add dependents to your account, provided you are legally authorized to make decisions regarding their healthcare. You can request Wello healthcare services for yourself and any eligible registered dependents you have added to your User Account. By adding a registered dependent to your User Account you represent and warrant to Wello that they are eligible for the Service and that you are authorized to make decisions regarding their healthcare.

Each client is required to have a separate “profile” for each registered dependent, including the dependent’s name and other personal information. The terms “you” and “your” in these Terms and Conditions include all registered dependents.

For your safety and privacy, it is your responsibility to maintain the security of your user account username and password at all times.

Wello handling of personal information
Wello collects, uses and discloses personal information in accordance with our privacy policy https://wello.ca/privacy_policy/.

If you require more information or clarification on our privacy policy, please do not hesitate to contact our Wello Privacy Officer at 403-648-2128 or via email at business@wello.ca.

For information about our Wello service, fee structure and cancellation policy, please read our Frequently Asked Questions.

Terms and Conditions Applicable to Healthcare Services

Certain Services are provided by regulated health care practitioners (such as Nurses, Nurse Practitioners, Physicians, Psychologist, Social workers) (the “Healthcare Services”). As a term and condition of receiving Healthcare Services, you acknowledge and agree to the following:

  • Healthcare Services are provided through telemedicine. Telemedicine refers to healthcare provided at a distance using an internet-based platform with video and audio technologies as well as secure chat with. During your telemedicine visit, your health care practitioner will discuss your medical history and symptoms and may require a visual exam of you virtually to assess your condition and formulate a treatment plan which may include prescribing medications, ordering tests or referring you to another health care provider for in-person exam, treatment or follow up.
  • Wello has regulated health care practitioners (such as Nurses, Nurse Practitioners, Physicians, Psychologist, Social workers) who are licensed to practice their regulated health profession by the applicable regulatory authority in the province or territory or Canada. Each province and territory has its rules about who may practice telemedicine in their jurisdiction. Depending on where you reside, your Wello health care practitioner may not be located in your province or territory when they provide telemedicine services to you. They will disclose the jurisdiction in which they are located when they begin your service.
  • Not all Wello products and services are available in all jurisdictions due to the different rules for telemedicine in each province or territory. The telemedicine services that are available to you will depend on the province or territory in which you reside and the location from which you access Wello services.
  • Telemedicine services are not a replacement for your primary care provider. If you do not have a primary care provider, we recommend that you find one. With your consent and upon your request, Wello health care practitioners will send report regarding the care provided to you to your primary care provider.
  • WELLO IS NOT CRISIS OR EMERGENCY HEALTHCARE. IF YOU ARE IN CRISIS OR IN AN EMERGENCY SITUATION, YOU MUST CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM FOR APPROPRIATE CARE.
  • There are some limitations and risks to delivery of health care via telemedicine. The telemedicine assessment may not be sufficient to allow for a diagnosis or treatment plan and may require referral back to your primary care provider or to another medical facility for an in-person assessment. Wello health care practitioners are not permitted to prescribe some medications including opioids, narcotics and controlled substances or medications which are best prescribed by your primary care provider.
  • There is also a risk with delay in care due to technology failures or due to circumstances beyond reasonable control such as power outages, fire, earthquake etc. Other risks concerning the use of an electronic platform form part of these terms and are outlined in Wello’s Privacy Policy.
  • You must be 16 years of age and a permanent or temporary resident of Canada with a provincial health insurance number to be registered with Wello. Users may register dependents if they have the legal right to make health care decisions on their behalf. Wello health care practitioners reserve the right to assess whether a registered dependent has the capacity to provide consent to their health services on a case-by-case basis. These terms and conditions also apply to dependents using Wello services.
  • You are also responsible to provide the Wello health care practitioner with the information they determine is required in order to provide you with the appropriate care as they do not have access to your medical records. Failure to do so may result in an inaccurate assessment and/or treatment plan.
  • Your use of the Healthcare Services is entirely voluntary. You have the right to withhold or withdraw consent to receiving Healthcare Services at any time without affecting your right to future care or treatment.

License
Wello grants to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Services. Wello reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS AND CONDITIONS IS STRICTLY PROHIBITED.

You agree that you will not: (i) use the Services to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on or through the Services; or (iii) use this Services in any way that violates the Terms and Conditions.

Copyrights
You acknowledge that Wello owns or has a license to all title and copyrights in and to the content provided on or through the Services. All title and intellectual property rights in and to the licensed content provided on or through the Services is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

Limitation of Liability
To the fullest extent permitted by applicable law, Wello and its directors, officers, employees, shareholders, affiliates, contractors, healthcare practitioners and agents shall not be liable for any damages, liability or losses arising out of your use of or inability to access the Services, including the Healthcare Services. Without limiting the generality of the foregoing, under no circumstance will Wello be liable for indirect, incidental, special, exemplary, punitive or consequential damages relating to your use of the Service.

Indemnity
YOU WILL INDEMNIFY AND HOLD WELLO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MANDATARIES, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF MISUSE OF THE SERVICES.

Prohibited Acts
By accessing or using the Services, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining list of users or other information, or send chain letters or pyramid schemes via the Services; (c) attempt to gain unauthorized access to other computer systems through the Services; (d) transmit any viruses or any other disabling mechanisms; (e) use this Services for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of the Services or obtain or bypass others’ passwords. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.

Disclaimer
Except for the Healthcare Services, the information, content and material provided through the Services is designed for educational purposes only and is not intended to provide medical advice or care. Information contained herein should not replace necessary consultations with a qualified health care professional to meet your individual circumstances and condition. If you have or suspect you may have a health problem, medical condition or disease, you should always consult your health care provider. Wello assumes no responsibility for how the information presented is used or interpreted by the reader.

Wello reserves the right to discontinue the Services at any time without notice.

If any term or condition set out in the Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.

THE SERVICES (INCLUDING BUT NOT LIMITED TO ALL ITS CONTENTS) ARE PROVIDED TO YOU “AS IS”. ANY USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. WELLO MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, AND PROVIDES NO WARRANTIES OR CONDITIONS, THAT THE SERVICES WILL BE FREE FROM LOSS, ERROR, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WELLO DISCLAIMS ANY LIABILITY RELATING THERETO.

WELLO MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDES NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THE SERVICES(INCLUDING BUT NOT LIMITED TO ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.

The Terms and Conditions are governed by the laws of the Province of Alberta and deemed to be entered into by you in the Province of Alberta. You acknowledge that the treatment will be performed in Canada and the courts of Alberta shall have exclusive and preferential jurisdiction to entertain any complaint, demand, claim, proceeding or cause of action, whatsoever arising out of the treatment. You agree that if you commence any such legal proceedings, you will do so only in Canada and irrevocably submit to the exclusive and preferential jurisdiction of the Courts of Alberta.