MY WELL SELF Public Member Terms of Service

Please read these MY WELL SELF Public Terms of Service (“Terms or Public Terms”) carefully. These Terms are between you (“you” or “your”) and MY WELL SELF, Inc. (“MY WELL SELF,” “we” or “our”).

The use of “you” or “your” in these Terms may refer to MY WELL SELF public members, Health Wellness and Mental Wellness Providers accessing the Site (as defined below) as a consumer, or anyone accessing the Site (as defined below).

These Terms govern your use of the website, www.mywellself.ca, and the services and information available on the website (collectively, “Site”) whether you access the Site through your computer, mobile device, tablet or any MY WELL SELF app (as available).

You accept and agree to be bound by these Terms, the MY WELL SELF Privacy Policy, the MY WELL SELF Code of Conduct and any other policies in place when you access or use the Site or by clicking the “Register” or “Submit” button when you register for an account with MY WELL SELF. If you do not agree to abide by or be bound by these Terms or any of the other policies of MY WELL SELF, then do not register for an account, access or use the Site.

1. AMENDMENTS

MY WELL SELF has the right to add, discontinue or revise these Public Terms or any aspect, mode, design, or service provided under the MY WELL SELF scope. MY WELL SELF may amend the Public Terms without notice for non-material amendments. In the event of a material change, we will provide you notice of a material change in the Public Terms and conditions via e-mail to the e-mail address supplied to us by you setting out at minimum:

a. the new or amended agreement terms;

b. the date of the coming into force of the amendment;

We highly recommend that you read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary that you desire to cancel your subscription or deregister or unsubscribe from access to MY WELL SELF.

We will post the most current Terms of Service on the Site and your use of the Site will be subject to the most current Terms of Service as posted on the Site at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms of Service. You hereby agree that MY WELL SELF shall not be liable to you or any other third party for any amendments to the Public Terms.

2. NO SOLICITING OR PROVISION OF MEDICAL ADVICE

The content (which includes any text on any platform of MY WELL SELF contained, accessed or entered on the Site) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified Health Wellness and Mental Wellness Provider.

Any communication between you and nurse navigator on the Site is for general informational purposes used to help identify appropriate care only and does not create nor is it intended to create a provider-patient relationship as defined by federal and provincial law.

Your reliance on any information (including any links to third party websites containing any information about Health Wellness and Mental Wellness Providers) or Content provided on the Site, whether or not it is provided by a nurse navigator, is solely at your own risk. You should always seek the advice of ANY Health Care Practitioner for any questions you may have about your own medical condition.

3. HOW MYWELLSELF.CA IS TO BE USED

ALL USERS ARE TO NOTE THAT MY WELL SELF IS NOT AN-ANTI CONVENTIONAL MEDICINE WEBSITE. MY WELL SELF DOES NOT SUPPORT ANY INDIVIDUAL (INCLUDING PUBLIC MEMBERS, NURSE NAVIGATORS AND HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERS) WHO DO NOT SUPPORT ALL TYPES OF MEDICAL CARE.

MY WELL SELF IS A WEBSITE THAT ENCOURAGES COMPLEMENTARY AND ALTERNATIVE HEALTH CARE ALONG WITH CONVENTIONAL MEDICINE. ANY INDIVIDUALS (INCLUDING PUBLIC MEMBERS, NURSE NAVIGATORS AND HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERS) WHO PROMOTE ANTI CONVENTIONAL MEDICINE PHILOSOPHIES WILL BE REMOVED FROM THE MY WELL SELF WEBSITE.

MY WELL SELF WILL NOT TOLERATE ANY CLAIMS OF DISEASES THAT WILL BE CURED BY ANY COMPLEMENTARY AND ALTERNATIVE COMPLEMENTARY UNLESS APPROVED BY HEALTH CANADA.

You may only use the Site for personal, non-commercial uses, and you may not use the Site to advertise or promote a product, service, procedure, business, any Health Care Provider or another person.

Any abuse of the platform including any form of abuse to nurse navigators, making booking requests and not responding to your own booking request, may results in your account being removed from the My Well Self website.

You may not use the Site:

a. If you are under 19.

b. In any way or for any purpose that is against any municipal, provincial or federal or any other applicable laws.

c. In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “MY WELL SELF Parties”), or any customer of a MY WELL SELF Party;

d. To exploit, solicit or harm minors;

e. To copy any Content from the Site, including, but not limited to, photographs, and post those photographs or other Content on another third-party website.

f. To submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another's privacy or publicity rights, infringing of another's intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;

g. To promote, encourage or glorify violence, self-harm, suicide, or any other practice that is unhealthy or harmful including any anti-conventional medicine comments;

h. To post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information about you or any other person on the Site;

i. To register for multiple accounts or use the account of another person without their authorization;

j. To impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be any type of Health Wellness and Mental Wellness Provider.

k. To attempt to solicit business or direct website visitors to a non-MY WELL SELF site for commercial purposes or spamming any MY WELL SELF Health Wellness and Mental Wellness Providers, community members or other users;

l. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;

m. To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;

n. To attempt to interfere with or disrupt the Site or any person's ability to use the Site;

o. To create and upload reviews or comments in exchange for monetary compensation or other incentive; or

p. For any purpose for which the Site is not intended.

We may tell you about certain specific harmful or additional prohibited uses in our company guidelines or other notice available through the Site. We have, however, no duty to do so. You agree to abide by any policies or other notices we provide, which may be changed from time to time.

Without limiting the foregoing, you agree to abide by these Terms, and any other policies MY WELL SELF has in place. Any use of the Site other than as specifically authorized herein, without the prior written permission of MY WELL SELF, is strictly prohibited.

In addition, MY WELL SELF is not obligated to enforce these Terms against another user, Health Wellness and Mental Wellness Providers or other third-party on your behalf. If you believe another user, Health Wellness and Mental Wellness Providers or other third-party has violated these Terms, then please contact MY WELL SELF by using our feedback form. MY WELL SELF reserves the right to investigate the matter and take whatever action MY WELL SELF deems appropriate in its sole discretion.

4. YOUR MY WELL SELF ACCOUNT AND EMAIL CONSENT

In order to use the features on the Site, you are required to register and provide information about yourself to us and create a service account ("Service Account").

It is your responsibility to maintain the confidentiality of your Service Account information, including your Service Account password.

In addition, you are responsible for all activities that occur in connection with your Service Account.

You must tell us right away via our feedback form about anyone using your Service Account without your consent, or any security breach that relates to the Site or your Service Account. You agree to provide MY WELL SELF with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete.

MY WELL SELF reserves the right to refuse to provide services to anyone, including terminating your Service Account and/or preventing you from accessing the Site or your Service Account, with or without cause, at any time and in its sole discretion.

By using the Site, you consent to receive emails from MY WELL SELF, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site.

You may change such preferences by changing your account settings on the email and notifications page of the My Profile section of the Site or via the unsubscribe link in all commercial emails.

Please note that as long as you maintain a Service Account, you may not “opt out” of receiving service or account-related emails from MY WELL SELF and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. MATERIALS YOU SUBMIT POST OR PROVIDE; COMMUNICATIONS MONITORING

You may submit booking requests on or through the Site (collectively, "Submission" or "Submissions").

Your Submissions, (including to the extent applicable personally identifiable information), are made voluntarily and are subject to the MY WELL SELF Conduct of Conduct and the MY WELL SELF Privacy Policy.

You may request information directly from a specific health wellness or mental wellness provider by submitting an inquiry through their profile or inquiry form.

You understand these requests, including personally identifiable information, are made voluntarily and are subject to the MY WELL SELF Privacy Policy. There is no guarantee that a provider will respond to any request submitted through their profile or inquiry form. In addition, by submitting a request to a provider through the Site, you understand that MY WELL SELF may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.

You may request information directly from a nurse navigator by booking for a wellness concierge consultation.

You understand these requests, including personally identifiable information, are made voluntarily and are subject to the MY WELL SELF Privacy Policy. In addition, by submitting a request to a provider through the Site, you understand that MY WELL SELF may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.

6. MY WELL SELF COPYRIGHT POLICY AND PROCEDURES

If you believe that any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MY WELL SELF, Inc. at copyright@mywellself.ca or Copyright Department, MY WELL SELF, Inc., 175 Longwood Rd S #B21, Hamilton, ON L8P 0A1, Canada.

Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Site; (2) identify the material on the Site that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit MY WELL SELF to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.

Upon receipt of notice as described above, MY WELL SELF will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.

7. LINKS TO OTHER WEBSITES; THIRD PARTY PROMOTIONS

The Site may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site through a Third Party Website.

Third Party Websites are not under the control of MY WELL SELF and MY WELL SELF does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website.

As a result, your access or use of any Third Party Website is at your own risk and these Terms, MY WELL SELF Privacy Policy, any other MY WELL SELF policies do not apply or govern any Third Party Website. You expressly relieve MY WELL SELF of any and all liability related to the functionality, content or information contained on any Third Party Website.

In addition, your dealings with or participation in promotions of third parties (including HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERS) found on the Site, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that MY WELL SELF shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.

8. MY WELL SELF INTELLECTUAL PROPERTY RIGHTS

MY WELL SELF grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. MY WELL SELF owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“MY WELL SELF Content”), excluding your Submissions.

MY WELL SELF owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the MY WELL SELF Content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the MY WELL SELF Content in whole or in part, or the Site except as expressly authorized in writing by MY WELL SELF. In addition, MY WELL SELF does not grant any express or implied rights in and to the Site or MY WELL SELF Content, and all rights in and to the Site and the MY WELL SELF Content, are retained by MY WELL SELF.

9. MY WELL SELF DISCLAIMS ALL WARRANTIES

MY WELL SELF PROVIDES THE SITE, THE MY WELL SELF CONTENT AND ALL INFORMATION, MATERIALS AND OTHER CONTENT AVAILABLE ON THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS.” MY WELL SELF DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AS WELL AS ANY GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, MY WELL SELF DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. MY WELL SELF DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY ELECTRONIC COMMUNICATION FROM MY WELL SELF WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. IN ADDITION, MY WELL SELF EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERSOR OTHER THIRD PARTIES AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. FURTHER, MY WELL SELF DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT AVAILABLE ON THE SITE WILL ASSIST YOU IN FINDING A SUITABLE HEALTH WELLNESS AND MENTAL WELLNESS PROVIDER OR FOR ANY OTHER PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WHILE MY WELL SELF TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE MY WELL SELF SITE, MY WELL SELF DOES NOT GUARANTEE THAT THE MY WELL SELF SITE CANNOT BE COMPROMISED.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MY WELL SELF OR THE MY WELL SELF PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EVEN IF MY WELL SELF OR ANY OF THE MY WELL SELF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL MY WELL SELF BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR PUBLIC MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERS OR TREATMENTS POSTED ON THE SITE. MY WELL SELF SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.

11. CHANGES TO THE SITE; UPDATES; SUSPENSION OF YOUR USE OF THE SITE; SERVICE ACCOUNT CLOSURE

We may change the Site or delete features of the Site at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion.

We may terminate or suspend your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site and close your Service Account at any time, with or without cause, upon notice to us as specified in the customer support or through our feedback form. Upon termination, your right to use the Site ceases immediately.

Once your use of the Site is terminated or suspended, any data you have stored on the Site may not be retrieved later. In addition, even if you stop using the Site or your account is suspended by MY WELL SELF, MY WELL SELF may continue to show some or all of your Submissions.

12. JURISDICTION

MY WELL SELF controls and operates the Site from its offices in Hamilton, Ontario, Canada and MY WELL SELF does not represent that the Site, the Content, the MY WELL SELF Content or the Submissions by either Health Wellness and Mental Wellness Providers or public members, are appropriate, available or may be downloaded for use outside Canada.

If you are located outside Canada and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. These Terms and the Site are governed by Canadian federal law and the laws of the Province of Ontario, excluding any conflicts of law provisions. Registering for a Service Account, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the provincial and federal courts in Hamilton, Ontario and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial and federal courts of Hamilton, Ontario.

13. INDEMNIFICATION

You agree to indemnify and hold harmless MY WELL SELF and the MY WELL SELF Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or any other Content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any other MY WELL SELF policy or of any law or the rights of any third party.

14. YOUR NOTICES TO US

You may contact us by e-mail or postal mail. Your notices to us must be addressed as stated in the feedback@mywellself.ca or the feedback form on the Site or by postal mail at the following address:

MY WELL SELF, Inc.

175 Longwood Rd S #B21,

Hamilton, ONTARIO

L8P 0A1

CANADA

15. MISCELLANEOUS

These Terms constitute the entire agreement between you and MY WELL SELF regarding the use of the Site, and supersedes any prior agreements between you and MY WELL SELF relating to your use of the Site.

The failure of MY WELL SELF to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

MY WELL SELF Wellness Provider Terms of Service

Last modified: November 24th, 2022 Effective date: May 15, 2018

These Health Wellness and Mental Wellness Providers Terms of Service (“Provider Terms”) are between you, a Health Wellness and Mental Wellness Provider , (“you,” “your” or ” Health Wellness and Mental Wellness Provider “) and MY WELL SELF, Inc., an Ontario corporation (“MY WELL SELF,” “we” or “our”).

These PROVIDER Terms govern: (i) your access and use of the website, www.mywellself.com, and the services and information available on the website (collectively, “Site”) whether or not you access the Site through your computer, mobile device and (ii) your submission of any and all content to MY WELL SELF by any means now known or hereafter developed at any time. These PROVIDER Terms constitute a binding agreement between you and MY WELL SELF and the term of these PROVIDER Terms will take effect at the time you click “I accept” or use the Site.

PLEASE READ THESE PROVIDER TERMS CAREFULLY. BY CLICKING ON “I AGREE,” OR BY BROWSING, ACCESSING AND/OR USING THE MY WELL SELF SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE PROVIDER TERMS, CODE OF CONDUCT, VETTING PROCESS, AND THE MY WELL SELF PRIVACY POLICY (ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE PROVIDER TERMS OR ANY OF THE MY WELL SELF GUIDELINES OR POLICIES IDENTIFIED ABOVE, THEN DO NOT REGISTER FOR AN ACCOUNT OR ACCESS AND USE THE SITE. IF YOU ARE ACCEPTING THESE PROVIDER TERMS ON BEHALF OF A HEALTH WELLNESS AND MENTAL WELLNESS PROVIDER OR HEALTH WELLNESS AND MENTAL WELLNESS PROVIDER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY TO THESE PROVIDER TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ANY OF THESE PROVIDER TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.

1. AMENDMENTS

MY WELL SELF has the right to add, discontinue or revise these PROVIDER Terms or any aspect, mode, design, or service provided under the MY WELL SELF scope. MY WELL SELF may amend the PROVIDER Terms without notice for non-material amendments. In the event of a material change, we will provide you notice of a material change in the PROVIDER Terms and conditions via e-mail to the e-mail address supplied to us by you setting out at minimum:

a. the new or amended agreement terms;

b. the date of the coming into force of the amendment;

We highly recommend that you read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that you have accepted the change to the PROVIDER terms and conditions, unless you notify us to the contrary that you desire to cancel your subscription or deregister or unsubscribe from access to MY WELL SELF.

We will post the most current PROVIDER Terms on the Site and your use of the Site will be subject to the most current PROVIDER Terms as posted on the Site at such time. It is your responsibility to visit this page to find any updates that may have been made to the PROVIDER Terms. You hereby agree that MY WELL SELF shall not be liable to you or any other third party for any amendments to the PROVIDER Terms.

2. YOUR HEALTH WELLNESS AND MENTAL WELLNESS PROVIDER ACCOUNT; EMAIL CONSENT

In order to use the features on the Site, including updating and adding content to a Health Wellness and Mental Wellness Providers profile or a practice profile, you are required to register or verify your profile and provide information about yourself to MY WELL SELF and create a verified Health Wellness and Mental Wellness Provider account (“PROVIDER Account”).

It is your responsibility to maintain the confidentiality of your account information, including your PROVIDER Account password and you are responsible for all activities that occur in connection with your PROVIDER Account.

All PROVIDER Accounts are subject to the Health Wellness and Mental Wellness Provider Vetting Process. In creating your Health Wellness and Mental Wellness Provider profile page, you agree or your administrator agrees that any information submitted and posted to your profile page is accurate, true and correct.

In addition, you agree to keep the information on your profile page updated including any updates related to your good standing or active membership with your regulatory board or professional association respectively.

You are responsible for all activities that occur in connection with your The Health Wellness and Mental Wellness Provider profile pages. You must inform us right away about anyone using your PROVIDER Account or Health Wellness and Mental Wellness Provider profile page without your consent, or any security breach that relates to your PROVIDER Account or Health Wellness and Mental Wellness Provider profile page.

By using the Site, you consent to receive emails from MY WELL SELF, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of your PROVIDER Account.

You may change such preferences by changing your account settings on the notifications page of the My Profile section in your PROVIDER Account or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account related emails from MY WELL SELF.

By using the Site, you acknowledge the terms of payment for use of the website as outlined on the website, during provider profile registration and through communication from My Well Self.

A monthly or annual subscription fee may be cancelled at any time. Subscription will automatically renew on a monthly or annual basis via the preferred payment processing vendor. Requests for cancelling subscription may be made directly to support@mywellself.ca. Note that the subscription will be canceled after the current billing period.

MY WELL SELF reserves the right to refuse providing services or the Site to anyone, including terminating your PROVIDER Account and/or preventing you from accessing the Site or your PROVIDER Account, with or without cause, at any time and in its sole discretion.

3. HOW MYWELLSELF.CA IS TO BE USED

ALL USERS ARE TO NOTE THAT MY WELL SELF IS NOT AN-ANTI CONVENTIONAL MEDICINE WEBSITE. MY WELL SELF DOES NOT SUPPORT ANY INDIVIDUAL (INCLUDING PUBLIC MEMBERS AND HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERS) WHO DO NOT SUPPORT ALL TYPES OF MEDICAL CARE. MY WELL SELF IS A WEBSITE THAT ENCOURAGE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE ALONG WITH CONVENTIONAL MEDICINE. ANY INDIVIDUAL (INCLUDING PUBLIC MEMBERS AND HEALTH WELLNESS AND MENTAL WELLNESS PROVIDERS) WHO PROMOTE ANTI CONVENTIONAL MEDICINE PHILOSOPHIES WILL BE REMOVED FROM THE MY WELL SELF WEBSITE. MY WELL SELF WILL NOT TOLERATE ANY CLAIMS OF DISEASES THAT WILL BE CURED BY ANY COMPLEMENTARY AND ALTERNATIVE COMPLEMENTARY UNLESS APPROVED BY HEALTH CANADA.

IF AFTER THE TIME OF VETTING CONFIRMATION AND APPROVAL BY MY WELL SELF A HEALTH WELLNESS AND MENTAL WELLNESS PROVIDER ’S GOOD STANDING CHANGES TO A STANDING NOT ALREADY REVIEWED BY MYWELL SELF, THE HEALTH WELLNESS AND MENTAL WELLNESS PROVIDER OR ADMINISTRATOR MUST UPDATE MY WELL SELF IMMEDIATELY.

As a Health Wellness and Mental Wellness Provider, may create your Health Wellness and Mental Wellness Provider profile or practice profile on the Site but you may not post false or misleading information on your profile.

Except to the extent you are otherwise directly authorized by MY WELL SELF, you may not use the Site to:

a. Promote a product, service or procedure that you, your employer or practice sells, markets, distributes or performs or is otherwise affiliated with;

b. Praise, recommend, describe any experiences with, or otherwise promote a Health Wellness and Mental Wellness Provider or other person that is yourself or someone to whom you are related or with whom you work or have previously worked with;

c. Trade reviews with other Health Wellness and Mental Wellness Provider or businesses, compensate someone or be compensated for writing a review;

d. Praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed; or

e. Either post or allow a member of your staff to post a false or misleading review, (including reviews that are fabricated or exaggerate results) or any reviews about you on the Site.

However, nothing contained herein will be construed as prohibiting you from posting content in a response to content posted by another public member about your business; provided, that (a) you have provided true and accurate registration information to MY WELL SELF about yourself.

To ensure the safety of website visitors making a booking request, all booking requests made through the My Well Self platform should be addressed within 24 hours of the booking request being made to your account.

Any abuse of the platform including not responding to booking requests made, whether an approval or denial, may results in your account being removed from the My Well Self website.

Additionally, you may not use the Site:

a. If you are under 19.

b. In any way or for any purpose that is against any municipal, provincial, federal or any other applicable laws.

c. In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “MY WELL SELF Parties”), or any customer of a MY WELL SELF Party;

d. To exploit, solicit or harm minors;

e. To copy any content from the Site, including photographs, and post those photographs or other content on any third-party website, including your own website.

f. To submit any content that is racist, sexist, inflammatory, defamatory, derogatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable or violates any applicable laws;

g. To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations to individual public members;

h. To promote, encourage or glorify violence, self-harm, suicide, or any other practice that is unhealthy or harmful including any anti-conventional medicine comments;

i. To register for multiple accounts or use the account of another person without their authorization;

j. To spam any public members or other users of the Site or to attempt to solicit business or other users of the Site to a non-MY WELL SELF site for commercial purposes unless authorized to do so by MY WELL SELF or spamming;

k. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;

l. To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;

m. To attempt to interfere with or disrupt the Site, any security features of the Site or any person's ability to use the Site; or

n. For any purposes for which the Site are not intended.

In addition, MY WELL SELF is not obligated to enforce these PROVIDER Terms or any other policies or guidelines against other public members, users, Health Wellness and Mental Wellness Provider or other third-parties on your behalf.

If you believe a public member, Health Wellness and Mental Wellness Provider or other third-party has violated these PROVIDER Terms or any other guidelines or policies of MY WELL SELF, then please contact MY WELL SELF by using our feedback form. MY WELL SELF reserves the right to investigate the matter and take whatever action MY WELL SELF deems appropriate in its sole discretion.

4. MATERIALS YOU SUBMIT POST OR PROVIDE; COMMUNICATIONS MONITORING; CONFIDENTIALITY

As a Health Wellness and Mental Wellness Provider, you may be submit your details on or through the Site (“PROVIDER Content”). You understand your PROVIDER Content is not confidential and is publicly available for anyone to view.

MY WELL SELF does not claim any ownership rights in your PROVIDER Content. However, by submitting PROVIDER Content on the Site you are hereby expressly granting MY WELL SELF a nonexclusive, irrevocable, worldwide, perpetual, royalty-free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording, if applicable) your PROVIDER Content, in connection with the Site, and the MY WELL SELF business, including without limitation promoting and redistributing part or all of the Site or the MY WELL SELF business, in any media formats and through any media channels now known or hereafter developed without any compensation or obligation to you.

You also grant MY WELL SELF permission to use your name, likeness and voice in connection with your PROVIDER Content.

5. REVIEWS OR CONTENT POSTED BY OTHERS

MY WELL SELF does not have any responsibility, including editorial control, of any content posted by other MY WELL SELF public members, Health Wellness and Mental Wellness Providers or other third party content providers on the Site.

The statements or content posted by MY WELL SELF public members, Health Wellness and Mental Wellness Providers or other third party content providers on the Site are those of the public members, Health Wellness and Mental Wellness Providers or other third party content providers and are not the opinion of MY WELL SELF.

MY WELL SELF does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the MY WELL SELF community members, Health Wellness and Mental Wellness Providers or other third party content providers on the Site.

The MY WELL SELF public community members, Health Wellness and Mental Wellness Providers and other third party content providers are solely responsible for the content posted by them respectively.

MY WELL SELF does not endorse or recommend any specific content, procedures, products, opinions, Health Wellness and Mental Wellness Providers or any other material or information available on the Site. In addition, the Health Wellness and Mental Wellness Providers featured on the Site are not employees or independent contractors of MY WELL SELF.

6. COPYRIGHT POLICY

If you believe that your PROVIDER content Submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MY WELL SELF, Inc. at copyright@mywellself.ca or Copyright Department, MY WELL SELF, Inc., 175 Longwood Rd S #B21, Hamilton, ON L8P 0A1, Canada. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Site; (2) identify the material on the Site that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit MY WELL SELF to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature. Upon receipt of notice as described above, MY WELL SELF will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.

7. LINKS TO OTHER WEBSITES

The Site may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of MY WELL SELF and MY WELL SELF does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these PROVIDER Terms, the MY WELL SELF Privacy Policy, Health Wellness and Mental Wellness Provider Code of Conduct and any other MY WELL SELF policies do not apply or govern any Third Party Website or your use of any Third Party Website. You expressly relieve MY WELL SELF of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties found on the Site, including payment and delivery of goods or services any other terms (such as warranties) are solely between you and the third parties. You agree that MY WELL SELF shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.

8. MY WELL SELF INTELLECTUAL PROPERTY RIGHTS

MY WELL SELF grants you a limited, personal, revocable, nonassignable and nonexclusive license to use the Site. MY WELL SELF owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“MY WELL SELF Content”), excluding your PROVIDER Content and public members’ submissions. MY WELL SELF owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the MY WELL SELF Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on any of the MY WELL SELF Content in whole or in part, or the Site except as expressly authorized in writing by MY WELL SELF. In addition, MY WELL SELF does not grant any express or implied rights in and to the Site and the MY WELL SELF Content, and all rights in and to the Site and the MY WELL SELF Content, are retained by MY WELL SELF.

9. MY WELL SELF DISCLAIMS ALL WARRANTIES

MY WELL SELF PROVIDES THE SITE "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" YOUR USE OF THE SITE IS AT YOUR OWN RISK. MY WELL SELF DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED), GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, MY WELL SELF DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT AS WELL AS ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, QUALITY, PERFORMANCE AND SUITABILITY OF THE SITE. MY WELL SELF DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. IN ADDITION, MY WELL SELF EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CONSUMERS, COMMUNITY MEMBERS OR OTHER THIRD PARTIES, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. WHILE MY WELL SELF TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SITE, MY WELL SELF DOES NOT GUARANTEE THAT THE SITE CANNOT BE COMPROMISED.

10. LIMITATION OF LIABILITY; YOUR EXCLUSIVE REMEDY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER MY WELL SELF OR THE MY WELL SELF PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EVEN IF MY WELL SELF OR ANY OF THE MY WELL SELF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL EITHER MY WELL SELF OR THE MY WELL SELF PARTIES BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR COMMUNITY MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT COMPLEMENTARY AND ALTERNATIVE PROVIDER HEALTH CARE PRACTITIONERS OR PROCEDURES POSTED ON THE SITE. MY WELL SELF AND THE MY WELL SELF PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NONPERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND THEIR REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.

11. CHANGES TO THE SITE; UPDATES; TERMINATION

We may change the Site or delete features available on the Site at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion. We may terminate or suspend your PROVIDER Account and your use of the Site or any services we may provide you that are associated with your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site at any time, with or without cause, upon notice to us as specified in the customer support or the feedback form on the Site. Upon termination, you may no longer use or access the Site. Once your use of the Site is terminated, any data you have stored on the Site may not be retrieved later. In addition, even if you terminate your use of the Site, MY WELL SELF may continue to show some or all of your PROVIDER Content.

12. JURISDICTION

MY WELL SELF controls and operates the Site from its offices in Hamilton, Ontario, Canada and MY WELL SELF does not represent that the Site, the Content, the MY WELL SELF Content or the Submissions by either Health Wellness and Mental Wellness Providers or public members, are appropriate, available or may be downloaded for use outside Canada. If you are located outside Canada and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. These Terms and the Site are governed by Canadian federal law and the laws of the Province of Ontario, excluding any conflicts of law provisions. Registering for a Service Account, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the provincial and federal courts in Hamilton, Ontario and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial and federal courts of Hamilton, Ontario.

MY WELL SELF controls and operates the Site from its offices in Hamilton, Ontario, Canada and MY WELL SELF makes no representation that the PROVIDER Content, content submitted by community members or any other content available on the Site or the Site are appropriate, available or may be downloaded for use outside Canada. You are responsible for complying with all of your local laws, if and to the extent your local laws are applicable. These PROVIDER Terms and the Site are governed by the federal laws of the Canadian federal law and the laws of the Province of Ontario, excluding any conflicts of law provisions. When you register for an account and click “I accept”, submit content to the Site, access, browse or otherwise use the Site, this means you hereby consent to the exclusive jurisdiction of the province and federal courts in Hamilton, Ontario and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial and federal courts of Hamilton, Ontario.

13. INDEMNIFICATION

You agree to indemnify and hold harmless MY WELL SELF and the MY WELL SELF Parties from and against any and all losses, liability, claims, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) any PROVIDER Content you post or submit to or through the Site; (ii) your use of the Site; (iii) your conduct in connection with the Site or with other Health Wellness and Mental Wellness Providers and public members of the Site; (iv) any breach of these PROVIDER Terms, other MY WELL SELF policies and guidelines; or (v) any violation of any law or the rights of any third party (including, but not limited to any violation of PIPEDA or the rules, laws, guidelines or policies of any provincial and federal regulatory/accrediting board.

14. YOUR NOTICES TO US

You may contact us by e-mail or postal mail. Your notices to us must be addressed as stated in the email to info@mywellself.ca on the Site or by postal mail at the following address:

MY WELL SELF, Inc.
75 Longwood Rd S #B21,
Hamilton, ONTARIO
L8P 0A1
CANADA

15. MISCELLANEOUS

These PROVIDER Terms constitute the entire agreement between you and MY WELL SELF regarding your use of the Site, and supersedes any prior agreements between you and MY WELL SELF relating to your use of the Site. The failure of MY WELL SELF to exercise or enforce any right or provision of these PROVIDER Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these PROVIDER Terms is held invalid, the remainder of these PROVIDER Terms shall continue in full force and effect. If any provision of these PROVIDER Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these PROVIDER Terms and shall not affect the validity and enforceability of any remaining provisions.

If you have any questions or comments about this Terms of Service, please contact us at: info@mywellself.ca