TELUS Health MyCare Terms and Conditions

Effective as of December 6, 2021


USE OF PLATFORM

TELUS grants you a personal, revocable, non-exclusive and non-transferable license to permit you to use the Platform, including downloading and installing the App on your personal mobile phone device for the purpose of accessing the Platform Services in accordance with these Terms and Conditions.

As a condition of your use of the Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence (except as otherwise provided in “Availability to Minors” below); (2) you possess the legal authority to create a binding legal obligation; (3) you will use the Platform in accordance with these Terms and Conditions; (4) all information supplied by you on the Platform is true, accurate, current and complete; and (5) if you are accessing or using the 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 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 Health Services provided by Healthcare Practitioners; (2) if applicable, facilitate any payments from you to TELUS in respect of your use of the Platform or the receipt of any services through the 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 Platform or the Platform Services it offers, at any time and in its sole discretion, if TELUS deems that you have used the Platform in any manner contrary to the Permitted Use or if you have violated any of the terms of this Terms and Conditions.


PLATFORM SERVICES

Health and Wellness Services
The Platform Services enable you to obtain access to healthcare professionals, which may include nurse practitioners, nurses, mental health counsellors, psychologists, dietitians, and physicians (“Healthcare Practitioners”) and other professionals (“Wellness Practitioners”) as they become available, by video or audio appointments for consultations, and to receive related healthcare, professional and administrative support services virtually or in-person at one of our clinic locations (hereinafter referred to as the “Health and Wellness Services”, which includes both Insured Health Services and Premium Health Services as defined below).

Where applicable, Healthcare Practitioners and Wellness Practitioners on the Platform are licensed or accredited to practice by their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice. For greater certainty, you will not be charged for any consultations with Healthcare Practitioners provided through the App that are reimbursed by provincial Healthcare insurance plans (“Insured Health Services”) and any payment made to TELUS for the use of the App is for access to the services that are not Insured Health Services (“Premium Health and Wellness Services”).

Healthcare Practitioners may prescribe medication to you and can direct prescriptions to the pharmacy or other dispensing location of your choosing. You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.

Healthcare Practitioners and Wellness Practitioners are independent of TELUS (and independent of our Platform Partner) and are solely responsible for the provision of Health and Wellness Services to you. The relationship between you and the Healthcare Practitioner providing Health and Wellness Services is a patient-practitioner relationship. TELUS is not party to that relationship as it relates to the delivery of such Health and Wellness Services and is not engaged in the practice of medicine, the practice of nursing or the practice of any other regulated health profession, for the purpose of providing Health and Wellness Services in your use of the Platform. Neither TELUS or any other party associated with TELUS (other than the applicable Healthcare Practitioner or Wellness Practitioner) are liable for any Health Services provided to you by Healthcare Practitioners or Wellness Practitioners in your use of the Platform.

We do not guarantee the availability of any particular Healthcare Practitioner at any particular time. We will do what we can to arrange a consultation with a Healthcare Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time.

Please note that interaction with Healthcare Practitioners through the App is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Practitioner. With your consent, we will provide your family physician with a report about the Health Services that you receive through the App. So your family physician can take into consideration these Health Services, including any prescriptions, it is always advisable that you advise your physician about the Health Services you receive, including the issues that caused you to request them. The App enables you to choose for a summary of your Services to be sent to a physician of your choice.

You can report a complaint relating to Health Services provided by a Healthcare Practitioner on the Platform by contacting (i) TELUS at the email address provided below, and/or (ii) the professional regulatory college(s) in the province(s) where the Healthcare Practitioner is licensed.

Information Tools
The Platform provides access to various health and wellness informational tools, including (i) Symptom Checker; (ii) Healthcheck (iii) Monitor and (iv) additional features and tools provided from time to time, as further described in the App (“Information Tools”). The Information Tools are available for use at any time, independently of the services provided by either Healthcare Practitioners or Wellness Practitioners.

The Information Tools provide health and wellness information and not medical advice, diagnosis and/or treatment. If you choose to submit information about your symptoms using the Information Tools, the information returned to you is general health information and no Healthcare Practitioner is involved in providing or reviewing the information. Our Information Tools are not a substitute for a doctor or other healthcare professional. Where the information returned indicates that the symptoms entered suggest further medical advice may be necessary, you acknowledge that you are responsible for seeking such advice from your family doctor or other medical professional. You should not take or stop taking any action (such as taking medicines) based on information from our Information Tools. We make no warranties in relation to the output of our Information Tools.

The Information Tools should not be used in an emergency. In the case of an emergency you should contact the emergency services and/or your doctor in the usual way. Certain Information Tools may provide statistical risks of disease which may cause distress. You should not use this feature if you do not wish to learn such information.

Please note that:

  • Healthcheck is not suitable for pregnant women or for users with long term medical conditions or disabilities that may have different needs or risks shown.
  • Monitor is not suitable for pregnant women or for users with serious, trauma or life threatening emergencies.
  • The Symptom Checker is not suitable if you have the following symptoms: (i) severe, heavy or crushing chest pain, which may move to the jaw, neck, arm, or back, or be associated with sweating, shortness of breath or nausea; (ii) signs of a stroke, which may include facial weakness, inability to hold both arms up, or difficulty speaking; or (iii) severe breathing problems.

Certain Information Tools provide basic self-monitoring features. We do not update or monitor the data held in your account nor accept responsibility for ensuring that all activity through the App is logged for monitoring. It is your responsibility to ensure the data stored in Monitor is current and up to date.

Information Tools may make use of data feeds from third party providers which you optionally provide access to in accordance with the TELUS Health MyCare Privacy Commitment. For example if you use Monitor, you can connect to other apps such as the Apple Health App, Fitbit and Garmin. You will be asked for your consent for TELUS Health MyCare to read the data from any of these apps connected to it. You acknowledge and agree that available data feeds may vary from time to time, that we make no guarantee that any particular data feed will be available or available at a particular time, and that data feeds may require your authorization in order to be accessible to you via the App.

Information Tools may display certain information relating to you derived from data stored for you (for example, body mass index) and recognized guidelines or general wellbeing articles. You should note however that any such display or information provided is based on generic data and assumptions and is not designed to be and should not be used for personalized advice. Any information provided by any Information Tools should therefore be treated as a general guide and is not a substitute for personal medical advice or diagnosis. It will in addition be based on a number of assumptions that may or may not be accurate or applicable to you. No responsibility is taken for any action or omission that you may take based on in connection with or in reliance upon any information shown in the Information Tools.

Consent to Treatment
By accessing and using the Platform to access Health Services or Administrative Services, you consent to be treated by Healthcare Practitioners. Healthcare Practitioners may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Healthcare Practitioners may also conduct a visual examination of you virtually and may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. You may withdraw your consent to receive Health Services at any time by ending your consultation with the Healthcare Practitioner.

In prescribing or communicating any diagnosis, course of treatment or medication to you, the Healthcare Practitioner will seek your informed consent which requires the Healthcare Practitioner to explain the diagnosis, treatment and risks and side effects associated therewith. You are encouraged to ask questions of the Healthcare Practitioner regarding any diagnosis, treatment or medication that is prescribed or recommended to you to ensure that you understand the diagnosis, treatment and risk of side effects associated therewith. If you are not satisfied with the explanation or information provided by the Healthcare Practitioner regarding any course of treatment or medication that is prescribed or recommended for you, you should not follow it or you should seek a second opinion from a physician or other Healthcare practitioner that is not affiliated with TELUS.

Note that a Healthcare Practitioner reserves the right to assess whether a person has the capacity to provide consent to his or her Health Services treatment on a case-by-case basis.

Availability to Minors
You must be at least 16 years of age to create a User Account. If you are between 16 and the age of majority in your jurisdiction of residence, you must have the permission of a parent or guardian and they must read and accept the Terms and Conditions on your behalf prior to creating a User Account. For access to Premium Health and Wellness Service, you must also have the permission of a parent or guardian for use of their credit card for the payment of any related Fees. A Healthcare Practitioner or Wellness Practitioner reserves the right to assess whether a minor has the capacity to provide consent to his or her Health and Wellness Services treatment on a case-by-case basis. The Health and Wellness Services may also be available for use by children at the discretion of the Healthcare or Wellness Practitioner, but the user and User Account for all patients under the age of 16 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms and Conditions. The Health Services are not intended to replace the services of a paediatrician. The Terms and Conditions set out under the ‘Consent to Treatment’ and ‘Privacy’ sections apply to minors who receive Health Services and Wellness Services.

You must be at least 16 years of age to use the Symptom Checker and Monitor. However, the Symptom Checker provides health information for all age groups which means that someone over 16 can use the product on behalf of all age groups. You must be at least 18 years of age to use Healthcheck.

Other Limitations
The Content provided through the Platform (except as may be directly communicated to you by Healthcare Practitioners) is not medical or clinical advice. The Content and the Information Tools were 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 Information Tools or of any particular diagnosis or treatment communicated to you by the Healthcare Practitioners.

The Platform is made available for use in Canada only. We are not responsible to comply with laws outside of Canada governing access to our Platform Services.


PRIVACY AND YOUR PERSONAL INFORMATION

Please review the TELUS Health MyCare Privacy Commitment (https://www.telus.com/en/health/about-telus-health/privacy/mycare), which describes the manner in which we collect, use, store and disclose your PI and PHI, and which is hereby incorporated into and forms a part of these Terms and Conditions.

By accessing or using the Platform, you are consenting to the collection, use and disclosure of your PI and PHI as set out in the TELUS Health MyCare Privacy Commitment.


TECHNOLOGY RISKS

Virtual care is both the practice of medicine and a way to provide or assist in the provision of patient care at a distance using information and communication technologies, and includes the delivery of the Health Services via the Platform (“Virtual Care”).

In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with Virtual Care and which may adversely impact the ability of the Healthcare Practitioner to provide Health Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Healthcare Practitioner to complete the appointment virtually, (b) delays in evaluation or treatment resulting from similar technology failures, (c) limitations on access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Healthcare Practitioner and any dispensing pharmacists of all medications you are taking and any allergies you may have), and (d) unauthorized access to, collection, use or disclosure of your PI and/or PHI due to a security protocol breach or failure. By consenting to receive Health Services using the Platform, you acknowledge and understand these potential material risks associated with Virtual Care. Additionally, if the Healthcare Practitioner forms the opinion that Virtual Care is not appropriate in the circumstances, the Healthcare Practitioner will redirect you to appropriate care.

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 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 PI and PHI 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 Platform.

Although reasonable encryption technology and other reasonable security protocols will be implemented to protect your PI and PHI and the privacy of your Virtual Care consultations with Healthcare Practitioners, 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 access to, collection, use or disclosure of your PI or PHI. TELUS will notify you to the extent required by law of any breach that has resulted in the unauthorized access to, collection, use or disclosure of your PI or PHI.


USER ACCOUNT

You may be required to successfully sign up for a user account (the ‘User Account’) using the available interfaces within the Platform using your email address and setting up a password as login credentials in order to use the Platform and receive any Platform 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 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 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

TELUS will not charge you any Fees for any Insured Health Services.

Third Party Payor
If a third party (e.g., such as an employer or supplemental health insurance provider) has arranged with TELUS to pay appointment or subscription fees for Premium Health and Wellness Service, or any portion of the subscription fee, that subscription fee adjustment will be reflected in the subscription fee that you are ultimately charged (which may result in no charge to you). Where third party coverage is terminated, you may be given the option of continuing to use the Platform so long as you pay the Fees (defined below).

Direct Payment
TELUS may, in its sole discretion but subject to applicable laws, offer some of the Platform Services (e.g. Premium Health 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 exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or request from TELUS. You will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save the TELUS harmless in respect of any such taxes. 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, Apple 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 Platform and Platform 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 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 Platform) that your User Account be deleted or closed, ceasing use of the Platform and uninstalling and removing all local software components thereof from your systems, including removing the App from your mobile device. Please review the TELUS Health MyCare Privacy Commitment for information on how we manage your Medical Record if you leave the platform.


SUBMISSIONS

By submitting any reviews, questions, comments, suggestions, ideas or similar information, but excluding your PHI, through the Platform in connection with the Platform 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 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 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 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 Platform, including the App, are owned or licensed by TELUS and are protected by copyright, trade-mark and other intellectual property laws.

TELUS and its licensors (including our Platform Partner) expressly reserve all rights in the Platform, including the App, 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 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 Platform Partner, as applicable), and that the Platform, including the App, and all materials provided by TELUS hereunder are licensed and not ‘sold’ to you.


THIRD PARTY WEBSITES & VIRUSES

The 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 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

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 PLATFORM AND THE CONTENT WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE 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 PLATFORM OR THE CONTENT OR THE INFORMATION TOOLS. THE 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 PLATFORM OR THE CONTENT. TELUS DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY THE CONTENT, THE INFORMATION TOOLS, THE HEALTH 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 PLATFORM PARTNER) IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE 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 PLATFORM PARTNER) IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE 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 apply 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 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 TELUS’ 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 TELUS and only in the exact manner specified and enabled by TELUS; (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; or (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.


GEOGRAPHIC APPLICATION OF THE PLATFORM

While the Platform is available in every province and territory in Canada, not all of the products and services described on the Platform are regulated or are available in all jurisdictions as some jurisdictions may have different laws and regulations for such products and services. The type of services that are available to you through the Platform depends on your province of residence and the location you are in at the time you access the Platform Services. You acknowledge and agree that the products, services and/or material described on the Platform, or the Health Services available through the Platform, or any other services provided pursuant to these Terms and Conditions, are not appropriate or available for use in locations outside Canada.


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 application of any other laws. If you reside outside of Quebec, 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. If you reside in Quebec, the courts of the Province of Quebec 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 Quebec 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 Platform and Platform 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 insure 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 Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our Platform Partner (i.e. Babylon Partners Limited 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 Platform or the Platform Services, you may contact our support team via email at: mycare@telus.com.