TELUS Health MyCare Wellness Terms and Conditions
Effective as of September 8, 2022
This service is not available in Quebec.
The following Terms and Conditions (the “Terms and Conditions”) govern your use (the term ‘use’ will mean access or use, as applicable) of the TELUS Health MyCareTM online Wellness Platform, including through the TELUS Health MyCare Wellness website (the “Site) (collectively the “Wellness Platform”). The Wellness Platform provides you with access to Wellness Services (defined below). You acknowledge that the Site and the Wellness Platform are provided to TELUS by a third party, Thinkific Labs Inc.
These Terms and Conditions form an agreement between TELUS Health Solutions Inc. (“TELUS”) and you. The term “you” refers to the person or entity using the Wellness Platform or receiving any Wellness Services. A copy of these Terms and Conditions may be downloaded, saved and printed for your reference. By clicking “I AGREE” or similar electronic acceptance, you agree with these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, do not use the Wellness Platform.
TELUS reserves the right to amend any term of these Terms and Conditions at any time. For amendments to any material terms, TELUS will provide you with 30 days’ notice. Any notices regarding modifications to these Terms and Conditions, will be in a written form and provided to you: (i) by TELUS via email (in each case to the address that you provide); or (ii) via the Wellness Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You are not obliged to continue using the Wellness Services after an amendment to these Terms and Conditions is made. Your continued use of the Wellness Services following any amendment shall be deemed to be your acceptance of the amended Terms and Conditions, and waiver of any additional notice requirements.
TELUS reserves the right to change any information, material or content contained on or provided through the Wellness Platform (the “Content”) at any time, and from time to time, without notice.
Use of the Wellness Platform
TELUS grants you a personal, revocable, non-exclusive and non-transferable license to permit you to use the Wellness Platform, including accessing the Site for the purpose of accessing the Wellness Services in accordance with these Terms and Conditions.
As a condition of your use of the Wellness Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence ; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the Wellness Platform in accordance with these Terms and Conditions; (4) all information supplied by you on the Wellness Platform is true, accurate, current and complete; and (5) if you are accessing or using the Wellness Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms and Conditions.
The Wellness Platform is provided solely (the “Permitted Use”) to: (1) give you access to any services offered to you through the Wellness Platform; (2) if applicable, facilitate any payments from you to TELUS in respect of your use of the Wellness Platform or the receipt of any services through the Wellness Platform; and (3) provide feedback and otherwise communicate with TELUS in connection with any of the foregoing.
TELUS retains the right to deny access to anyone to the Wellness Platform or the Wellness Services it offers, at any time and in its sole discretion, if TELUS deems that you have used the Wellness Platform in any manner contrary to the Permitted Use or if you have violated any of the terms of this Terms and Conditions.
Wellness Services
The Wellness Services enable you to obtain access to (1) live wellness workshops (2) live group coaching / progress check in sessions (3) on-demand wellness workshops (4) potential membership perks (the “Wellness Services”). Live workshops and sessions will be recorded and retained indefinitely on the Wellness Platform for future on-demand review by other Wellness Service users. Please see the TELUS Health MyCare Wellness Privacy Commitment (https://mycarewellness.telus.com/pages/privacy) for more information.
The Content provided through the Wellness Platform is not medical or clinical advice. The Content was not designed or personalised for children or for you specifically. TELUS does not make any endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of the Content. The Wellness Platform is made available for use in Canada only. We are not responsible to comply with laws outside of Canada governing access to our Wellness Services. Any payment to TELUS for the use of Wellness Services is not payment for any insured Services under any public insurance plan.
You understand, acknowledge and agree that TELUS does not control, and accept no responsibility for, any content passing through the Internet, the availability of the Internet generally, or for Internet connectivity. You understand, acknowledge and agree that the Internet is inherently risky even if reasonable security measures are taken. You understand, acknowledge and agree that TELUS cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Wellness Platform but has implemented reasonable security controls, as well as, reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure of data in our custody or control and adhere to generally accepted industry practices with respect to securing the transmission of data to, from and through the Wellness Platform.
PRIVACY AND YOUR PERSONAL INFORMATION
Please review the TELUS Health MyCare Wellness Privacy Commitment (https://mycarewellness.telus.com/pages/privacy), which describes the manner in which we collect, use, store and disclose your personal information, and which is hereby incorporated into and forms a part of these Terms and Conditions.
By accessing or using the Wellness Platform, you are consenting to the collection, use and disclosure of your personal information as set out in the TELUS Health MyCare Wellness Privacy Commitment.
USER ACCOUNT
You may be required to successfully sign up for a user account (the ‘User Account’) using the available interfaces within the Wellness Platform using your email address and setting up a password as login credentials in order to use the Wellness Platform and receive any Wellness Services. You will keep your password secure and will not share your password with anyone else, and you will not collect or harvest any personal data of any other user of the Wellness Platform, including account names or login credentials. TELUS reserves the right to disable any User Account issued to you at any time in the event of a breach of any of your warranties, representations or obligations under these Terms and Conditions. If TELUS disables access to a User Account issued to you, you may be prevented from accessing the Wellness Platform, the Content, your account details or any User Content.
You may not assign, transfer or sublicense your User Account and these Terms and Conditions, by operation of law or otherwise, without TELUS’ prior written consent. Any attempt by you to assign or transfer your User Account or these Terms and Conditions, without such consent, will be null and of no effect.
FEES AND TAXES
Direct Payment
TELUS may, in its sole discretion but subject to applicable laws, offer some of the Wellness Services to you for free or charge fees in accordance with its then-current fee rate(s) (the “Fee Schedule”). TELUS will notify you of the current Fee Schedule and you will pay any such applicable fees in accordance with the Fee Schedule (the “Fees”). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars inclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or request from TELUS. TELUS reserves the right to modify or implement a new pricing structure by providing you with formal notice pursuant to these Terms and Conditions.
TELUS may require you to provide the details of a current and valid credit card, debit card, PayPal account, Sitele Pay, or other payment method (“Payment Method”) that is acceptable to TELUS in its sole discretion. You hereby authorize TELUS to charge any and all Fees that become due and payable to the Payment Method. You agree to pay such fees, charges and penalties (including costs and expenses related to collection by TELUS of overdue payments) as TELUS may from time to time set out in respect of late or overdue payments, or declined or unsuccessful Payment Method transactions. By giving us your credit card information, you authorize TELUS to charge the applicable card the amount and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be processed and TELUS will have no obligation to fulfill your order.
TERM, TERMINATION AND SUSPENSION
These Terms and Conditions will take effect on the date and at the time you select “I AGREE” when presented with the opportunity to view and agree to these Terms and Conditions.
TELUS may immediately terminate, or suspend, these Terms and Conditions, or cease providing the Wellness Platform and Wellness Services, at any time: (i) if you do not comply with these Terms and Conditions; (ii) if necessary to prevent threats to the privacy, security or integrity of your data or the data of any other user(s); (iii) upon termination of the agreement between TELUS and the third party payor that is paying your subscription fee; (iv) to comply with any applicable law or court or order and/or (v) for any reason, including events not in our control.
Either you or TELUS may terminate these Terms and Conditions as follows: (1) TELUS may terminate these Terms and Conditions upon 30 days’ written notice to you, by email (at your current email address on file with TELUS) or through the Wellness Platform; (2) you may terminate these Terms and Conditions at any time upon 30 days’ written notice to TELUS, by requesting (by email or through any then-available interfaces on the Wellness Platform) that your User Account be deleted or closed, ceasing use of the Wellness Platform and uninstalling and removing all local software components thereof from your systems, including removing the Site from your mobile device.
SUBMISSIONS
By submitting any reviews, questions, comments, suggestions, ideas or similar information, through the Wellness Platform in connection with the Wellness Services, (collectively, “Submissions”), you grant TELUS and their respective affiliates, a royalty free, in perpetuity, right to: use the name that you submit in connection with such Submission for quality improvement purposes. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
TELUS take no responsibility and assume no liability for any Submissions posted or submitted by you. You are fully responsible for the content of your Submissions, including reviews posted to the Wellness Platform. Without limiting the foregoing, you will not post or transmit to or from the Wellness Platform any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services), or upload to or transmit through the Wellness Platform any User Content or Submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by TELUS in its sole discretion. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Wellness Platform.
If you do not agree with any of the above, please do not provide any Submissions.
OWNERSHIP
As between you and TELUS, all Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Wellness Platform, including the Site, are owned or licensed by TELUS and are protected by copyright, trade-mark and other intellectual property laws.
TELUS and its licensors (including our Wellness Platform Partner) expressly reserve all rights in the Wellness Platform, including the Site, and all materials provided by TELUS in connection with these Terms and Conditions that are not specifically granted to you. You acknowledge that all right, title and interest in the Wellness Platform, all materials provided by TELUS in connection with these Terms and Conditions (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with TELUS (or third party suppliers or technology providers, such as our Wellness Platform Partner, as applicable), and that the Wellness Platform, including the Site, and all materials provided by TELUS hereunder are licensed and not ‘sold’ to you.
THIRD PARTY WEBSITES & VIRUSES
The Wellness Platform may provide links to third party websites. These links are provided for your convenience only and TELUS does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under TELUS' control, and if you choose to access any such website, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. TELUS cannot and does not guarantee or warrant that the Wellness Platform or the Content are compatible with your computer system or that the Wellness Platform or the Content, or any links from the Wellness Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Wellness Platform.
DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOUR JURISDICTION, TELUS PROVIDES THE WELLNESS PLATFORM AND THE CONTENT WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WELLNESS PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. TELUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ABOUT THE MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE WELLNESS PLATFORM OR THE CONTENT. THE WELLNESS PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. TELUS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WELLNESS PLATFORM OR THE CONTENT. TELUS DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY THE CONTENT, THE WELLNESS SERVICES OR THE ADMINISTRATIVE SERVICES.
LIMITATION OF LIABILITY
WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF TELUS OR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS (INCLUDING THE WELLNESS PLATFORM PARTNER) IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WELLNESS PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WELLNESS PLATFORM OR THE CONTENT IS LIMITED TO $20.00. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS AND CONDITIONS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF TELUS OR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS (INCLUDING THE WELLNESS PLATFORM PARTNER) IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WELLNESS PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WELLNESS PLATFORM OR THE CONTENT IS LIMITED TO $20.00. . FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS AND CONDITIONS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
The limitation above reflects the allocation of risk between you and TELUS. The limitations specified in this section will survive and Sitely even if any limited remedy specified in these terms is found to have failed of its essential purpose.
NO UNLAWFUL OR PROHIBITED USE
You will not, without TELUS’ prior written permission, use the Wellness Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Wellness Platform or the Content , or ‘frame’, ‘mirror’ or otherwise incorporate the Wellness Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access or monitor any part of the Wellness Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Wellness Platform or bypass or circumvent other measures employed to prevent or limit access to the Wellness Platform; (4) take any action that imposes, or may impose, in TELUS’ discretion, an unreasonable or disproportionately large load on the Wellness Platform; (5) deep-link to any portion of the Wellness Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Wellness Platform or the Content; (7) use the Wellness Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by TELUS and only in the exact manner specified and enabled by TELUS; (8) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Wellness Platform or the Content; (9) create derivative works based on the Wellness Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Wellness Platform or the Content; (10) use the Wellness Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content or Submissions that violate such third-party rights or (11) purchase search engine or other pay per click keywords (such as Google AdWords), or domain name sthat use Thinkific or Thinkific or TELUS trademarks and/or variations and misspellings thereof.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of the Province where you reside and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the Sitelication of any other laws. The courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under these Terms and Conditions, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Ontario and acknowledge their competence and agree to be bound by any judgment thereof.
A printed copy of these Terms and Conditions and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
GENERAL PROVISIONS
These Terms and Conditions, together with all policies referenced herein constitute the entire and exclusive understanding and agreement between TELUS and you pertaining to the subject matter hereof, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between TELUS and you regarding the Wellness Platform and Wellness Services.
TELUS may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and ensure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in a written form and given: (i) by TELUS via email (in each case to the address that you provide); or (ii) via the Wellness Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Our Wellness Platform Partner (i.e. Thinkific Labs Inc. and its affiliates) is an intended third party beneficiary to these Terms and Conditions and will have the right to enforce such terms under the Terms and Conditions directly against you as a third-party beneficiary thereof on the same basis as if they were a party to these Terms and Conditions.
TELUS shall not be liable for delay or failure of performance of any obligations required by these Terms and Conditions when such delay or failure arises from circumstances beyond the reasonable control of TELUS. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of a public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failures or delays, labour disputes, strikes, or shortages, supply shortages, equipment failures or solitary malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the delay.
The failure of TELUS to enforce any right, provision, or term of these Terms and Conditions will not constitute a waiver of future enforcement of that right, term, or provision. The waiver of any such right, term or provision will be effective only if in writing and signed by a duly authorized representative of TELUS. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.
If for any reason a court of competent jurisdiction finds any provision, or term, of these Terms and Conditions void, invalid or otherwise unenforceable, that provision, or term, will be enforced to the maximum extent permissible and the other provisions, or terms of these Terms and Conditions will remain in full force and effect.
CONTACT
Should you have any questions regarding these Terms and Conditions, the Wellness Platform or the Wellness Services, you may contact our support team via email at: mycarewellness@telus.com.