TERMS & CONDITIONS/ PRIVACY POLICY/ DISCLAIMERS

This website is owned and operated by Mywell Health Inc., (referred to in this Terms of Service as the “Owner”, or sometimes, “we” or “us”).

TERMS OF USE

Acceptance

By accessing or using this Mywell Health site (www.mywellhealth.info), (the “Site”), or any products or services offered by or through the Site, you agree to these Terms and Conditions which constitute a legal agreement entered into between you and us. If you do not agree or accept any of the terms and conditions stated here, you must cease using this site and the documents provided and referenced in them immediately. You also warrant and agree that the information you provide mywellhealth.info and its representatives or agents, is complete and accurate.

We reserve the right in our sole discretion to revise and update these Terms and Conditions 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 Site. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this site, and the Site, may be changed, withdrawn, or terminated at any time in our sole discretion without notice.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 Site is restricted to users or unavailable at any time or for any period.

Medical Emergency

Do NOT use the Site for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Site.

General Information is Not Medical Advice nor Legal Advice

The general information provided on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute, therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from the Site and any medical condition you believe may be relevant to you or to someone else.

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. The Owner does not represent or warrant that it provides legal advice in any form or capacity. Any specific information, forms, or content on the site should not be relied upon as legal advice, and you are encouraged to obtain legal advice before making any legal decisions on the Site or while accessing the Site’s services.

No Physician-Patient or Lawyer-Client Relationship

The presentation of general information on the Site does not establish a physician-patient or lawyer-client relationship between you and the Owner.

DISCLAIMERS

The Site and Services are provided strictly as a source of information to assist you in making decisions. You are solely responsible for the retrieval and use of the Site and Services. You should apply your own judgment and conduct your own research and investigation before making any use of any Site and Services, including, without limitation, the use of the information as the basis for any medical decisions or conclusions or legal advice.

The information contained on the Site should not be considered exhaustive and should not be used in place of consultation with qualified medical or legal professionals to meet your individual needs. You acknowledge and agree that your access and use of the Site and the Services is entirely at your own risk and liability. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Services or the contents of the Services. The Owner reserves the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date. Your use of the Site is at your own risk and we and our directors, officers, employees, or successors have no responsibility or liability whatsoever for your use of this Site.

Throughout these pages you will find links to various third party pages and resources.  These linkages are provided for convenience only and are not an endorsement of such webpages.  While mywellhealth.info has collected these links, the linked pages are not mywellhealth.info pages, and the companies posting those pages are not related to or affiliated with mywellhealth.info.  Mywellhealth.info does not make any representations as to the appropriateness of those pages for your particular needs, and does not assume responsibility for the accuracy or appropriateness of the information, date, opinions, advice, or statements contained in such sites.

When you access such sites, you are doing so at your own risk.  In providing links to other sites, the Owner is in no way acting as a publisher or disseminator of the material contained on those other sites and does not monitor or control such sites.

Some of the linkages may provide access to resources and information which is not available or applicable to your province, state, or country.  When checking for information and resources relevant to your province, state, or country you should always obtain assistance from those with expertise in your area or make online searches that are specific to where you live.

Accessibility

Mywellhealth.info is committed to providing our site in a manner that is accessible to people with disabilities, and to providing a safe, dignified, and welcoming environment for everyone. We are committed to meeting the needs of people with disabilities in a timely manner and will do so by preventing and removing barriers to accessibility and meeting all legal accessibility requirements.

Accuracy of information

Although we make every effort to ensure that the information on this Site is accurate and complete, some of the information has been supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this Site or any liability in respect of information on this Site supplied by you, any other user of the Site, or any other person. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion.

Nothing in these Terms and Conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the site is provided for your general information purposes only and to inform you about us, services, and other websites, which may be of interest.

We reserve the right to change the Terms and Conditions on the site at any time without notice, and by using the site you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not use our site.

Availability of the Site

While we make commercially reasonable efforts to ensure that the site is available, we do not represent, warrant, or guarantee in any way the site’s continued availability at all times or uninterrupted use by you of the site.

Mywellhealth.info reserves the right to suspend or vary the information provided to you on the site or any part thereof, at any time, at our sole discretion without being required to provide a reason and either with or without prior notice to you.

Customer Service

When you contact us with a comment, question, or complaint, you may be asked for information that identifies you, such as your name or email address, along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product, and service offerings, and events and promotions.

Eligibility

The Site is intended for and directed to residents of Canada who have reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law.

Ownership, use and intellectual property rights

All the Content contained in this Site, other than linkages to third party sites, is the Copyright © of mywellhealth.info. “Content” means any underlying HTML, text, image, video, audio or other multimedia content, software, trademarks, logos, online course materials, or other information or material that is made available to you on the site, or that is submitted to, subsisting on, or accessible from, the site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. The works on this site are protected by copyright laws and treaties around the world.

You agree not to alter, circumvent, or remove any intellectual property notices contained on the site.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a license or other agreement to do so from us or our licensors. If you print off, copy, or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any intellectual property rights without our prior written permission.

You will not attempt to decipher, disassemble, reverse engineer, or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.

Personal Information

While using Our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information on mywellhealth.info is limited to: First and last name and email address. We DO NOT store or retain any personal information collected or inputted onto the MywellHealth planners which are documents you download to your own computers for the purposes of filling out and completing.  We make no representations or warranties as to the suitability of the Mywell Health planners for your use or that they are free of defects, bugs or viruses.

Restrictions on use

The Site is for your use only. You agree to use the website and its content for personal, non-commercial purposes only and not for commercial, speculative, false, fraudulent, or illegal purposes.
You have a limited licence to print off or download copies of your Mywell Health planners, from our Site for your personal use and only your personal use.  You may not distribute or provide such documents in any form to any third party for their distribution or use.  However, you may draw the attention of others to content posted on our Site.

As a condition of your use of the Site, you agree:

• not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms and Conditions;
• not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
• not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its content except as permitted by us under these terms or as expressly provided under applicable law;
• not to use the Site to distribute viruses or malware or other similar harmful software code;
• not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
• to cause annoyance, inconvenience, or needless anxiety
• to impersonate any third party or otherwise mislead as to the origin of your contributions;
• to reproduce, duplicate, copy or resell any part of the Site in a way that is not in compliance with these Terms and Conditions or any other agreement with us;
• that you are solely responsible for all costs and expenses you may incur in relation to your use of the site; and
• we reserve the right to prevent or suspend your access to the site if you do not comply with any part of these Terms and Conditions or any applicable law.

Security and Passwords

When you register with this Site, you will need to use a username and password. You are solely responsible for the security and proper use of the password, which should be always kept confidential and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorized way. We accept no liability for any unauthorized or improper use or disclosure of any password.

Security of Your Personal Data

The security of your personal data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
Sharing and Disclosure of Personal Information
We will not disclose, trade, rent, sell, or otherwise transfer your Personal Information, without your consent, except as set out herein.

Surveys

From time to time, we may offer you the opportunity to participate in one of our surveys. The information obtained through our surveys is used in an aggregated, non-personally identifiable form. We use this information to help us better understand our clients and improve our website.

Usage Data

Usage Data is collected automatically when using the Site.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Site by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Site or when you access the Site by or through a mobile device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our service, including to monitor the usage of our service.

To manage Your Account: to manage your registration as a user of the Site. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.

To manage Your requests: To attend and manage your requests to us.

For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, services, marketing, and your experience.

Warranty, Indemnity and Limitation of Liability

You agree that your use of the Site and Services is at your sole risk. The Owner makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Site and Services by any third party or concerning damage of any kind incurred resulting from use of the Site and Services.

In no event shall the Owner, its heirs, estate, successors, personal representatives, assigns, officers, directors, employees or agents be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Site or the Services, or your inability to use the Site or Services, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

You agree to defend, indemnify, and hold harmless the Owner, its heirs, estate, successors, personal representatives, assigns, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees on a solicitor and his own client basis) arising from:

• your use of and access to the Site and Services;
• your violation of any aspect of these Terms of Use;
•  your violation of any third party right, including without limitation any copyright, property, or privacy right; or,
• any claim that through the use of the Site you caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Site and Services.

Termination

The Owner may, in its sole discretion, cancel or terminate your right to use the Site and Services, or any part of the Site. In the event of termination, you are no longer authorized to access the Site and Services, or the part of the Site and Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

Waiver

Except as otherwise set forth in these Terms of Service, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and 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.

Severability

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

Entire Agreement

Except as set out in any further written contract, The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Enurement

These Terms of Use shall enure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

Age Restriction

By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Other General

The division of these Terms of Use into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. In these Terms of Use, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Updated September 2023