TELUS Health MyPet Terms and Conditions

Effective as of August 1, 2022


Use of platform

TELUS grants you a personal, revocable, non-exclusive and non-transferable license during the Term 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; (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 Veterinary Services; (2) if applicable, facilitate any payments from you to the Vet Facility in respect of your use of the Platform or the receipt of any Veterinary 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, 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. 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.


Platform services

Veterinary Services
The Platform Services enable you to obtain access to Vets as they become available, by video or audio appointments for consultations, and to receive related healthcare, professional and administrative support services.

Where applicable, Vets 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.

Vets are independent of TELUS (and independent of the Vet Facility) and are solely responsible for the provision of Veterinary Services to you. TELUS is a technology service provider that provides content and facilitates access to Vets that may provide veterinary telemedicine and other Veterinary Services. TELUS is not party to that relationship as it relates to the delivery of such Veterinary Services and is not engaged in the veterinary practice or any other pet care profession for the purpose of providing Veterinary Services in your use of the Platform. The Vets that you may access via the Platform are not providing services on behalf of TELUS. TELUS does not have any oversight of the care provided to Pets by Vets. Neither TELUS or any other party associated with TELUS (other than the applicable Vets or Vet Facility) is liable for any Veterinary Services provided to you by Vets in your use of the Platform.

Vets may prescribe medication to your Pet and you may select to have your Pet’s medication shipped to you or sent to your clinic or pharmacy of choice (based on availability). You should report any medication reactions, side effects or other adverse events to your family veterinarian or, if you do not have one, to the nearest walk-in clinic or emergency vet hospital.

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

Please note that interaction with Vets through the Platform is not intended to take the place of appointments with your regular primary veterinarian provider. If you do not have an established relationship with a primary veterinarian care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Vets.

You can report a complaint relating to Veterinary Services provided by a Vet on the Platform by contacting TELUS at the email address provided below.

Information Tools
The Platform provides access to various informational tools and additional content (“Information Tools”). The Information Tools are available for use at any time, independently of the services provided by Vets.

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 veterinarian in the usual way. While the Platform may provide access to certain general veterinary information, the Information Tools on the Platform are not and should not be considered veterinary telehealth advice or a substitute for individual veterinary advice, diagnosis, or treatment. You should always talk to a licensed veterinarian or other regulated veterinary professional for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for your Pets. Never disregard, avoid, or delay in obtaining veterinary advice because of something you have read on the Platform. None of the information on the Platform represents or warrants that any particular drug or treatment is safe, appropriate, or effective for your Pets. If you know or suspect that your Pet has a medical problem or condition, please immediately contact a licensed veterinarian using the Platform Services or otherwise. If your pet has a medical emergency do not seek Veterinary Services through the Platform and immediately visit the nearest open emergency veterinary hospital.


Privacy and your personal information

Please review the TELUS Health Privacy Commitment, 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. Any Personal Information collected will be purged within one month after the end of the trial.

Personal information and Pet health records will not be accessible in the App within 7 business days from termination of your Account. Personal information and Pet health records will however be retained for up to 10 years (varies by Province) from the termination of your Account.


Technology risks

Virtual Veterinary Services is both the practice of veterinary medicine and a way to provide or assist in the provision of pet care at a distance using information and communication technologies, and includes the delivery of the Veterinary Services via the Platform.

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 your Pet, there are potential material risks that are specifically associated with virtual Veterinary Services and which may adversely impact the ability of the Vets to provide Veterinary 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 Vets to complete the appointment virtually, (b) delays in evaluation or treatment resulting from similar technology failures, (c) limitations on access to your Pet health records maintained outside the Platform (i.e., by your veterinarian), which may result in adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Vets and any dispensing pharmacists of all medications your Pet is taking and any allergies your Pet may have). By consenting to receive Veterinary Services using the Platform, you acknowledge and understand these potential material risks associated with virtual Veterinary Services. Additionally, if the Vet forms the opinion that virtual Veterinary Services are not appropriate in the circumstances, the Vet will redirect your Pet to appropriate care.

You understand, acknowledge and agree that TELUS does not control, and accept 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 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 PI 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 the privacy of your virtual Veterinary Services consultations, 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. 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.


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

Direct Payment
It may be the case that, subject to applicable laws, the Veterinary Services are offered to you for free or you will be charged fees in accordance with fees identified on the Platform. TELUS will administer all payments for Services on behalf of the applicable Vet Facility. TELUS will notify you of the current fees applicable to the Platform Services that you receive and you will pay any such applicable fees (the “Fees”). All Fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable (subject to our “cancellation/no show policy”) and payable upon invoicing or request from TELUS, on behalf of the Vet Facility. You will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save the TELUS and the Vet Facility harmless in respect of any such taxes. TELUS reserves the right to modify or implement a new pricing structure on behalf of the applicable Vet Facility 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.

Cancellation Policy
Appointments may be canceled by you up to 24 hour in advance of the appointment with a refund for any payments collected online through our Platforms. If you are late for the appointment by 15 minutes, your appointment will be canceled without refund. The only exception to the cancellation policy is for your first appointment. If you miss the first appointment, late by over 15 minutes or you cancel within the 24 hour prior to the appointment, you will be fully refunded.


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 (if applicable); (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 by clicking on “Delete account” within the settings of the App. You will then receive an email confirming the deletion of your Account.


Submissions

By submitting any reviews, questions, comments, suggestions, ideas or similar information, 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 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, 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 VETERINARY SERVICES OR THE ADMINISTRATIVE SERVICES.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER TELUS NOR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS WILL 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 TELUS 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 OR THE CONTENT.

WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF TELUS OR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS 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, the services or Veterinary Services described on the Platform are regulated and not 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 will be notified in the Platform if a Vet is available in your location. You acknowledge and agree that the products, services and/or material described on the Platform, or the Veterinary 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.

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: TELUSHealthMyPet@telus.com.