Terms of Use

Review these Terms of Use carefully before using the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

Use Of The Sites

These Terms of Use (“Terms of Use”) form a legal agreement between SalusWell Lifestyle Health & Wellness and you, the individual (“you” and “your”) concerning your access to and use of the various health services offered through the SalusWellWebsite and mysaluswell Platform (as defined below). Any use of the SalusWell Website or mysaluswellPlatform constitutes your acceptance of these Terms of Use.

SalusWell Lifestyle Health & Wellness on its own behalf and on behalf of its Platform mysaluswell.comcollectively referred to as “SalusWell”, (“we”, “us”, or “our”), SalusWellmakes certain telehealth related information available to you and/or facilitates your access to telehealth and healthcare services (“SalusWellServices”)that require you to create an account in order to use SalusWell Services.

By using the SalusWell Website and mysaluswell Platform, you expressly agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all use of and access to SalusWell Website and mysaluswellPlatform.

Right To Modify

SalusWellmay at our sole discretion, without prior notice to you, revise, add or delete portions oftheseTerms of Useand update with the Effective Date asabove. If you do not agree to the amended Terms of Use, your only remedy is to discontinue your use of the SalusWell Website and mysaluswell Platform Services and you will be deemed to have terminated these Terms of Use.By accessing or using the Website and SalusWell Services after such modifications are posted you agree and consent to all such modifications.

Access To Services 

Wehereby grant to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services in accordance with these Terms of Use. You may access and use the SalusWell Services via remote access connectivity.In order to use the Services, you will be asked to register an account and create login information with username and passwords. You are responsiblyrequired to take appropriate steps to safeguard your username and passwords. You must immediately notify SalusWell of any unauthorized use of your user account andor of any other breach of security that you become aware of involving and relating to the Website and/or SalusWell Services by email to admin@saluswell.com.

Saluswell Role

SalusWell’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telehealth Lifestyle Health and Wellness services. SalusWell is independent from healthcare providers who will be providing such telehealth services to you through the mysaluswellPlatform and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. Each healthcare provider is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. SalusWell does not engage in the practice of medicine or provide any other health services.

Representations And Warranties

By registering on the mysaluswellPlatform, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms of Use with SalusWell, (iii) the information you have provided to SalusWellin your user account is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the SalusWell Website and mysaluswell Platform,  (v) you will not interfere with a third party’s use and enjoyment of the SaluswellWebsite and mysaluswell Platform, (vi) you will not interfere with or disrupt SalusWell’s or its vendors’ security measures, (vii) if any information you provide to SalusWell becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify SalusWell, (viii) you acknowledge that access to the healthcare services provided through the Platform are not “insured services” under any state/Provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by SalusWell or its representatives that such healthcare services will be made available to you, and (x) you are accessing the SalusWell Services for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

If you violate these Terms of Use, your ability to use the SalusWellServices will be terminated. SalusWell may, in its sole discretion, terminate your access to the SalusWell Services, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy SalusWell may have available at law. Further, SalusWell shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Use by immediately ceasing to access and use the SalusWell Website and mysaluswellPlatform.To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms of Use.

Payment Authorization

You by providing a credit card or other payment method accepted by SalusWell Services (“Payment Method”), are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services and Products, together with any applicable taxes. 

You agree that authorizations to charge your Payment Method will remain in effect until you cancel it in writing, and you agree to notify SalusWell of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services and Products that correspond to consultation fees or your purchase of any Services and Products offered by SalusWell Services.  

You acknowledge and agree that fees for Services and Products may increase at any time.

Intellectual Property Rights

SalusWellis the sole and exclusive owner of the SalusWell Website and mysaluswellPlatform, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the SalusWell Website and mysaluswellPlatform and any related materials and documentation. No title or ownership of the SalusWell Website andmysaluswell Platform or any portion thereof is transferred to you hereunder. SalusWellreserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the SalusWell Website andmysaluswellPlatform.

You may provide input, comments or suggestions regarding the SalusWell Website and mysaluswellPlatform or SalusWellServices (“Feedback”). You acknowledge and agree that SalusWellmay use any Feedback without any obligation to you and you hereby grant SalusWella worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as SalusWellmay deem appropriate, without restriction, for any and all commercial andor non-commercial purposes, in its sole discretion.

External Links

The SalusWell Website and mysaluswell Platform may contain links to third-party websites. Linked sites are not under the control of SalusWell Lifestyle Health and Wellness, and SalusWellis not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that SalusWellendorses, sponsors, or is affiliated with the linked site.  Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites; these Terms do not apply to other websites. SalusWelldisclaims all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by SalusWell. Any views expressed by third parties on the SalusWell Website and mysaluswell Platform are solely the views of such third party and SalusWellassumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification And Limitation Of Liability

You agree to defend, indemnify and hold SalusWell Lifestyle Health and Wellness, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a SalusWell Party and collectively SalusWell Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms of Use; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to SalusWellof any other information or data and the use of same by SalusWellas contemplated hereunder.

IN NO EVENT SHALL SALUSWELLBE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALUSWELL WEBSITE OR MYSALUSWELL PLATFORM OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SalusWellshall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond SalusWell’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.

Disclaimer

The SalusWell Website and mysaluswell Platform are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, SalusWelldisclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. SalusWelldoes not warrant that the SalusWell Website and mysaluswell Platform will be uninterrupted or error-free, that defects will be corrected or that the SalusWell Website and mysaluswell Platform or the server that makes it available are free of viruses or other harmful components.

SalusWellmakes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platform for a particular purpose. SalusWell assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SalusWell Website and mysaluswellPlatform.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Choice Of Law And Jurisdiction

These Terms of Use are governed by the laws of Province of Ontario. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Privacy Policy and Personal Information

In these Terms of Use, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the SalusWell Website and mysaluswell Platform and any other information that identifies who you are. Personal Information will be used by SalusWellsolely in accordance with these Terms of Use, and SalusWell Privacy Policy (or as otherwise agreed upon between you and SalusWellin writing).

You agree that SalusWellhas the right to monitor and review your use of the SalusWell Services from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Cookie Policy.

Waiver

No delay or omission by SalusWellto exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by SalusWellmust be in writing and signed by an authorized representative of SalusWell.

Entire Agreement

These Terms of Use constitute the entire agreement between you and SalusWellas it relates to the access to, and use of, the SalusWell Website and mysaluswell Platform and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between SalusWelland you.

Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with SalusWell’s prior written consent. SalusWellmay assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.

Notices/Contact

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, SalusWellunder the Terms of Use, please contact SalusWellat:admin@saluswell.com SalusWell Lifestyle Health & Wellness
Administrator
Niagara Falls, ON