Well Cared For Terms of Use (End-Users)
These terms of use (the “Terms”) govern your access to and use of the Software as a Services platform (the “Platform”) and related services (the “Services”) provided by Well Cared For Incorporated (“WCF” or “us” / “we”).
By using the Platform and the Services, you agree to be bound by these Terms and you confirm you will only use the Platform and the Services in compliance with these Terms and only if you have the capacity to enter into this contact with WCF. By using the Platform and Services, you represent that you are at least 16 years of age.
1. Information on the Platform
The Platform and Services allow individuals (“End-Users”) to create profiles for themselves and their loved ones, including pets and family members, to collect health information and communicate with joint caregivers and health-care professionals (“Professionals”). You have registered for this Platform as an End-User. The Platform also provides tools for various activities, including scheduling health-care appointments, managing medications, and tracking symptoms.
By using the Platform and Services, you will be sharing and/or accessing “Personal Information”, as the term is defined in the Privacy Policy, of yourself and/or others. If you wish to share any Personal Information associated with your profile with others, the other individual must register with the Platform as either an End-User or Professional. You confirm that WCF may collect, use, transfer, store, and disclose Personal Information of yourself and/ or other End-Users, as applicable, for the purposes contemplated in the Privacy Policy.
When communicating with Professionals on the Platform, information including medical history, symptoms, tests, and treatments may be discussed. There are certain limitations and risks associated with communicating through the Platform, including but not limited to the following:
These terms of use (the “Terms”) govern your access to and use of the Software as a Services platform (the “Platform”) and related services (the “Services”) provided by Well Cared For Incorporated (“WCF” or “us” / “we”).
By using the Platform and the Services, you agree to be bound by these Terms and you confirm you will only use the Platform and the Services in compliance with these Terms and only if you have the capacity to enter into this contact with WCF. By using the Platform and Services, you represent that you are at least 16 years of age.
1. Information on the Platform
The Platform and Services allow individuals (“End-Users”) to create profiles for themselves and their loved ones, including pets and family members, to collect health information and communicate with joint caregivers and health-care professionals (“Professionals”). You have registered for this Platform as an End-User. The Platform also provides tools for various activities, including scheduling health-care appointments, managing medications, and tracking symptoms.
By using the Platform and Services, you will be sharing and/or accessing “Personal Information”, as the term is defined in the Privacy Policy, of yourself and/or others. If you wish to share any Personal Information associated with your profile with others, the other individual must register with the Platform as either an End-User or Professional. You confirm that WCF may collect, use, transfer, store, and disclose Personal Information of yourself and/ or other End-Users, as applicable, for the purposes contemplated in the Privacy Policy.
When communicating with Professionals on the Platform, information including medical history, symptoms, tests, and treatments may be discussed. There are certain limitations and risks associated with communicating through the Platform, including but not limited to the following:
- Communication is dependent on internet connectivity and communications (including between an End-User and a Professional) are susceptible to loss of internet connection;
- Not all health conditions can be adequately assessed through the Platform; and
- Despite efforts by WCF to safeguard your Personal Information, there is no guarantee against data breaches, which may result in unauthorized collection, use and/or disclosure of your Personal Information.
You may choose to maintain certain Personal Information private from other users, including from Professionals. To minimize the risk of decisions being made on the basis of incomplete information, other users, including Professionals, will be notified if you have opted to withhold certain information. You acknowledge that the failure to fully disclose relevant
information to others, including a Professional, may hinder their ability to understand the situation and provide appropriate care and may limit your ability to fully benefit from the Platform and Services and from a Professional’s care.
2. Access to and Sharing of Information
While using the Platform and Services, you may enter and have access to Personal Information belonging to others. You are only permitted to enter and have access to Personal Information of others under the following limited circumstances:
information to others, including a Professional, may hinder their ability to understand the situation and provide appropriate care and may limit your ability to fully benefit from the Platform and Services and from a Professional’s care.
2. Access to and Sharing of Information
While using the Platform and Services, you may enter and have access to Personal Information belonging to others. You are only permitted to enter and have access to Personal Information of others under the following limited circumstances:
- If you are the legal guardian of a child who lacks the capacity to give valid consent for his/her medical treatment or you have your child’s consent to enter and access Personal Information on the child’s behalf (a “Minor”), you may share and have access to the Personal Information of the Minor.
- f you are the legal guardian of a spouse / partner / parent who lacks the capacity to give valid consent to his or her medical treatment (a “Dependent”), you may share and have access to the Personal Information of the Dependent.
- If another user of the Platform and Services links their account to your account (a “Relation”), you may share and have access to the Personal Information of the Relation provided the Relation has given their explicit consent to do so through WCF’s Third Party Consent Form.
You acknowledge that a Relation reserves the right to revoke their consent, in which case you will be denied access to the Relation’s Personal Information. In addition, you must cease accessing any Personal Information relating to a Minor once the child has the capacity to give valid consent for his/her medical treatment or no longer consents to you entering and accessing Personal Information on the child’s behalf. In order to regain access to the child’s Personal Information on the Platform, it will be necessary for the child to create a separate WCF account and link his or her account to your account as a Relation and provide their explicit consent to do so through WCF’s Third Party Consent Form, provided the child has the necessary capacity to give valid consent to his or her medical treatment.
3. Your Responsibilities
You are solely responsible for your own conduct on the Platform, including the content of your data and communications with other users while using the Platform and Services. Data which you enter and share on the Platform may be protected by intellectual property and/or privacy rights of others. It is your responsibility to ensure that you have the necessary rights and permissions to upload, use, disclose and share the data you enter onto the Platform.
You acknowledge WCF is not responsible for the accuracy, completeness, appropriateness, or legality of any data, in whatever form, which you may be able to access while using the
Platform and Services.
You are solely responsible for maintaining a back-up of the data which you enter onto the Platform. WCF is not responsible for any loss or corruption of your data or for any costs or
expenses associated with backing up or restoring your data.
You are solely responsible for safeguarding the password that you use to access the Platform and Services and you agree not to disclose your password to any third party. You are
responsible for any activity on your account, whether or not you authorized the activity. In the event you learn of unauthorized use of your account, you should notify WCF immediately.
4. Acceptable Use
Your use of the Platform and Services is subject to all applicable laws.
You agree that you will not use the Platform to:
3. Your Responsibilities
You are solely responsible for your own conduct on the Platform, including the content of your data and communications with other users while using the Platform and Services. Data which you enter and share on the Platform may be protected by intellectual property and/or privacy rights of others. It is your responsibility to ensure that you have the necessary rights and permissions to upload, use, disclose and share the data you enter onto the Platform.
You acknowledge WCF is not responsible for the accuracy, completeness, appropriateness, or legality of any data, in whatever form, which you may be able to access while using the
Platform and Services.
You are solely responsible for maintaining a back-up of the data which you enter onto the Platform. WCF is not responsible for any loss or corruption of your data or for any costs or
expenses associated with backing up or restoring your data.
You are solely responsible for safeguarding the password that you use to access the Platform and Services and you agree not to disclose your password to any third party. You are
responsible for any activity on your account, whether or not you authorized the activity. In the event you learn of unauthorized use of your account, you should notify WCF immediately.
4. Acceptable Use
Your use of the Platform and Services is subject to all applicable laws.
You agree that you will not use the Platform to:
- promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or discriminatory;
- upload, post or otherwise make available any material that contains viruses, malware or other malicious software;
- upload, post or otherwise make available any material that you do not have a right to make available or that infringes any intellectual property rights of any person;
- make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
- engage in any activity that interferes with or disrupts use of the Platform and Services, including bypassing measures to prevent unauthorized access to the Platform and Services;
- engage in any activity that attempts to extract any proprietary software from the Platform;
- track, trace or harvest any information from any account of any other person who visits the Platform; or
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam.
You are solely responsible for your breach of obligations under these Terms and for the consequences (including any loss or damage which WCF may suffer) of any such breach. WCF
reserves the right to suspend or terminate and deactivate your account if you engage in any of the above activities, misuse the Platform, or otherwise engage in any act that WCF regards as inappropriate or unlawful.
You shall indemnify and hold us, our affiliated companies, and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, labilities and expenses (including reasonable lawyer’s fees) due to or arising out of your violation of these Terms.
5. Our Intellectual Property
The Platform and other technology we use to provide the Services, including any software updates for same, are protected by copyright, trade secret, and other laws of Canada and foreign countries. WCF grants you a limited, non-exclusive, non-transferrable, revocable license to use the Platform and the Services. This licence will be automatically revoked if you violate these Terms.
You do not have the right to use any of WCF’s trademarks or trade names, including without limitation the trademark WELL CARED FOR and the trade name WELL CARED FOR INCORPORATED.
Please be aware that any feedback, comments or suggestions you send us will belong to us and we reserve the right to use such feedback, comments or suggestions in any manner we see fit.
6. Warranty Disclaimer
The Platform and Services are provided “as is”, at your own risk and without express or implied warranty or condition of any kind. WCF also disclaims any warranties of
merchantability, fitness for particular purpose or non-infringement. However, in any jurisdiction that does not allow for the exclusion of warranties, you have any warranty that is expressly required to be provided.
Further, WCF does not confirm the competency of the Professionals or their proficiency in the practice area in which they offer their services. WCF makes no guarantee or representations regarding the skills or representations of the Professionals or the quality or accuracy of their services.
7. Limitation of Liability
The Platform and Services may contain links to third-party websites. WCF does not endorse and is not responsible or liable for the availability, accuracy, content, products or services of the third-party websites. You are solely responsible for your use of such third-party websites. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WCF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) RESULTING FROM YOUR USE OF THE PLATFORM AND SERVICES.
8. Modification
WCF may change these Terms from time to time. In the event of a material change to the Terms, you may be notified through notifications on the Platform or e-mail prior to the change coming into effect.
9. Termination
You acknowledge that the Platform and Services may change or time and that WCF in its sole discretion has the right to suspend, modify or stop the Platform and Services at any time without cause, without prior notice to you, and without liability.
If you want to terminate your account, you may do so by deactivating your account where we have made this option available to you. Upon termination of your account, we reserve the
right to retain or delete your Personal Information in accordance with our Privacy Policy and any applicable laws.
10. General
These Terms and the Privacy Policy constitute the entire agreement between you and WCF relating to your use and our provisions of the Platform and Services. These Terms will be
governed by the laws of Ontario and the laws of Canada applicable therein, excluding conflicts of laws rules. WCF’s failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign any of your rights in these Terms, but WCF may assign its rights. You and WCF are not legal partners, agents, or employers/employees; instead, our relationship is that of independent contractors.
reserves the right to suspend or terminate and deactivate your account if you engage in any of the above activities, misuse the Platform, or otherwise engage in any act that WCF regards as inappropriate or unlawful.
You shall indemnify and hold us, our affiliated companies, and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, labilities and expenses (including reasonable lawyer’s fees) due to or arising out of your violation of these Terms.
5. Our Intellectual Property
The Platform and other technology we use to provide the Services, including any software updates for same, are protected by copyright, trade secret, and other laws of Canada and foreign countries. WCF grants you a limited, non-exclusive, non-transferrable, revocable license to use the Platform and the Services. This licence will be automatically revoked if you violate these Terms.
You do not have the right to use any of WCF’s trademarks or trade names, including without limitation the trademark WELL CARED FOR and the trade name WELL CARED FOR INCORPORATED.
Please be aware that any feedback, comments or suggestions you send us will belong to us and we reserve the right to use such feedback, comments or suggestions in any manner we see fit.
6. Warranty Disclaimer
The Platform and Services are provided “as is”, at your own risk and without express or implied warranty or condition of any kind. WCF also disclaims any warranties of
merchantability, fitness for particular purpose or non-infringement. However, in any jurisdiction that does not allow for the exclusion of warranties, you have any warranty that is expressly required to be provided.
Further, WCF does not confirm the competency of the Professionals or their proficiency in the practice area in which they offer their services. WCF makes no guarantee or representations regarding the skills or representations of the Professionals or the quality or accuracy of their services.
7. Limitation of Liability
The Platform and Services may contain links to third-party websites. WCF does not endorse and is not responsible or liable for the availability, accuracy, content, products or services of the third-party websites. You are solely responsible for your use of such third-party websites. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WCF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) RESULTING FROM YOUR USE OF THE PLATFORM AND SERVICES.
8. Modification
WCF may change these Terms from time to time. In the event of a material change to the Terms, you may be notified through notifications on the Platform or e-mail prior to the change coming into effect.
9. Termination
You acknowledge that the Platform and Services may change or time and that WCF in its sole discretion has the right to suspend, modify or stop the Platform and Services at any time without cause, without prior notice to you, and without liability.
If you want to terminate your account, you may do so by deactivating your account where we have made this option available to you. Upon termination of your account, we reserve the
right to retain or delete your Personal Information in accordance with our Privacy Policy and any applicable laws.
10. General
These Terms and the Privacy Policy constitute the entire agreement between you and WCF relating to your use and our provisions of the Platform and Services. These Terms will be
governed by the laws of Ontario and the laws of Canada applicable therein, excluding conflicts of laws rules. WCF’s failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign any of your rights in these Terms, but WCF may assign its rights. You and WCF are not legal partners, agents, or employers/employees; instead, our relationship is that of independent contractors.