The Platform Partner reserves the right to change any information, material or content contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice. Content does not include your Personal Information.
NOT MEDICAL ADVICE
THE PLATFORM AND PLATFORM SERVICES DO NOT PROVIDE MEDICAL ADVICE. The information provided on the Platform and as part of the Platform Services is for educational and informational purposes only and should not be considered medical advice, diagnosis or treatment, nor should it be considered as a substitute for any clinical support system that exists in a healthcare setting. Always consult with your healthcare professional before relying on any information or acting on any recommendations provided as part of the Platform Services or sent to you in any email by the Platform Partner. If you have any healthcare-related questions, please call or see your physician or other qualified healthcare provider without delay.
USE OF THE PLATFORM
The Platform is provided solely (the "Permitted Use") to: (1) give you access to any services offered to you through the Platform, including access to the Wellbeing Services and Technical Services; and (2) provide feedback and otherwise communicate with the Platform Partner in connection with any of the foregoing.
NO UNLAWFUL OR PROHIBITED USE
You will not, without the Platform Partner’s prior written permission, use the 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 Platform or the Content , or ‘frame’, ‘mirror’ or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access or monitor any part of the 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 Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in the Platform Partner’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (7) use the 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 the Platform Partner and only in the exact manner specified and enabled by the Platform Partner; (8) attempt to, assist, authorise 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 Platform or the Content; (9) create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (10) use the 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) use the Platform in any way that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
TECHNICAL SUPPORT SERVICES
You may engage with our team of client service managers, and care / case managers ("Technical Support Personnel") who may perform support tasks related to your account including, but not limited to, changing your login email, identifying your reason for engaging, and verifying the status of your account, (collectively the "Technical Support Services"). Technical Support Personnel do not provide Wellbeing Services and only provide Technical Support Services that are administrative or technical in nature.
The Wellbeing Services enable you to record what you eat and your exercise, track your health and fitness progress, schedule events and motivate other users (the “Wellbeing Services”). You acknowledge that the Platform Services are voluntary, and by accessing and using the Platform to access Wellbeing Services, you consent to receiving the Wellbeing Services. The Wellbeing Services do not provide you any medical advice or diagnosis. The information available through the Wellbeing Services and from any other service provided to you directly by the Platform Partner or a third party working with the Platform Partner should not be used to make any medical diagnosis or decisions, and is only to be used for educational and informational purposes.
The Platform Services and Content provided through the Platform should not be used or relied on for medical advice or opinions, nor does it contain or constitute medical advice or opinions. Always consult with a doctor or other recognized medical professional before starting a diet or fitness program or if any training or dieting is causing pain or serious discomfort. The Platform Partner cannot and does not guarantee any health, weight and/or fitness results or improvements as a result of using the Service.
If you have a condition that requires medical treatment, or are pregnant and/or breastfeeding/lactating, have an eating disorder, you may not use the Platform Services without an approval from your physician or other licensed health adviser.
Based on the information you voluntarily provide on the Platform and as part of the Platform Services, the Platform Partner may suggest and/or provide direct access to professionals that may be available through other services offered by the Platform Partner or by its affiliates, if covered by your organization/plan sponsor (the “Additional Services”). Accessing any Additional Services is completely voluntary and any reference, links or direct access to the Additional Services does not imply medical advice.
By providing or uploading any of your Personal Information to the Platform, or otherwise permitting the Technical Support Personnel to access your Personal Information, you are consenting to the collection, use and disclosure of your Personal Information for the purposes of providing the Platform Services to you and the use, transfer and disclosure set out in the TELUS Health Wellbeing Privacy Commitment. Personal Information collected by the Platform Partner as part of the Platform Services, will be collected, used and disclosed in compliance with applicable local, national and international laws.
The Platform Services are not intended for children under the age of 16. The Platform Partner does not knowingly collect any Personal Information (as defined in the Privacy Commitment) from such children as part of the Platform Services. Users under the age of 16 should not use the Platform Services at any time. In the event that the Platform Partner has inadvertently gathered Personal Information from children under the age of 16, the Platform Partner will take reasonable measures to promptly erase such Personal Information from our records.
You understand, acknowledge and agree that the Platform Partner does not control, and accepts 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 the Platform Partner cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform but has implemented 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 Personal Information in the Platform Partner’s control and adheres to generally accepted industry practices with respect to securing the transmission of data to, from and through the Platform.
Although reasonable encryption technology and other reasonable security protocols will be implemented to protect your Personal Information, you acknowledge by using the Platform that there are inherent risks to any technology that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your Personal Information. The Platform Partner will notify you to the extent required by law of any breach that has resulted in the unauthorized collection, use or disclosure of your Personal Information or User Content.
SUBSCRIPTION FEES AND TAXES
THIRD PARTY PAYOR
In most instances a third party (e.g., such as an employer or supplemental health insurance provider) has arranged with the Platform Partner to pay the subscription fee associated with accessing the Platform (which would result in no charge to you).
You are responsible for any fees, including internet connection or mobile fees, that you may incur when accessing or using the Platform and/or Platform Services.
TERM, TERMINATION AND SUSPENSION
By submitting any reviews, questions, comments, suggestions, ideas or similar information through the Platform in connection with the Platform Services, (collectively, "Submissions"), you grant the Platform Partner, and its affiliates, a royalty free, in perpetuity, right to: (1) use, reproduce, edit (length, size or clarity), translate, distribute, publish, create derivative works from and publicly display such Submissions in any media; and (2) use the name that you submit in connection with such Submission. You acknowledge that the Platform Partner may choose to provide attribution of your Submissions (for example, listing your name and city on a review that you submit) at our discretion, and that such submissions may be shared with others using our Platform. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You also acknowledge that the Platform Partner may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
The Platform Partner takes no responsibility and assumes no liability for any Submissions posted or submitted by you. The Platform Partner has no obligation to post your Submissions and reserves the right, in its absolute discretion, to determine which Submissions are published on the Platform. You are fully responsible for the content of your Submissions, including reviews posted to the Platform. Without limiting the foregoing, you will not post or transmit to or from the 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 Platform any User Content or Submissions that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by the Platform Partner 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 Platform.
If you do not agree with any of the above, please do not provide any Submissions.
"User Content" means any communications, messages, comments, photos, videos, images, sounds, data, information and other content or material that you upload or transmit to or through the Platform, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Platform or Platform Services, you affirm, represent and warrant that such User Content is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose PI or intellectual property is comprised in the User Content to transmit or submit such User Content and grant the license granted in this section by you to the Platform Partner; (c) not threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable and will not cause injury to any person or entity; and (d) free of viruses, adware, spyware, worms or other malicious code.
As between you and the Platform Partner, 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 Platform, including the App, are owned or licensed by the Platform Partner and are protected by copyright, trade-mark and other intellectual property laws
THIRD PARTY WEBSITES & VIRUSES
The Platform may provide links to third party websites. These links are provided for your convenience only and the Platform Partner 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 the Platform Partner' 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. The Platform Partner cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the 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 Platform.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER THE PLATFORM PARTNER, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE PLATFORM PARTNER, ITS AFFILIATES OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM, PLATFORM SERVICES OR THE CONTENT.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PLATFORM PARTNER, ITS AFFILIATES OR ITS SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PLATFORM PARTNER, ITS AFFILIATES OR ITS SUPPLIERS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM, PLATFORM SERVICES OR THE CONTENT, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE PLATFORM, PLATFORM SERVICES AND CONTENT, AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND THE PLATFORM PARTNER. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, CERTAIN OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION