WELLNESSMKTPL TERMS AND CONDITIONS
The website operated at www.wellnessmktpl.ca including the mobile and touch versions and any sites we have now or in the future that reference these Terms and Conditions collectively, (the “Site”) and the services offered therefrom (collectively, the “Service“) are operated by WellnessMktPl Inc. and its corporate affiliates (collectively, “us“, “we”, “our” or “WellnessMktPl”).
- ACCEPTANCE OF TERMS AND CONDITIONS
YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU ARE A RESIDENT (I.E., IF YOU ARE A MINOR).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
- ABOUT THIS SERVICE
2.1 WellnessMktPl is an online portal that serves to connect individuals to expert wellness providers, professionals, and businesses in the area of their choosing. WellnessMktPl works hard to provide a safe, open and simple space for this community to interact. All we ask is that in using the Site and the Service, you comply with the following Terms and Conditions.
WellnessMktPl does not provide any wellness services. We are not responsible for the performance or provision of wellness services nor do we have control over the quality, timing, failure to provide or any aspect whatsoever relating to the scheduling, booking or provision of wellness services related directly or indirectly to our Service.
WellnessMktPl Provider: A person, group of persons, business or an organization that provides wellness services and is listed as a Provider in the WellnessMktPl Market Place.
WellnessMktPl Professional: A person that holds a specific qualification, license and/or expertise in a service area included in the WellnessMktPl Directory or in the WellnessMktPl list of Sage Advisors. WellnessMktPl Professionals may also be referred to in these Terms or on the Site as Sage Providers.
WellnessMktPl Business: A business or organization that provides wellness services and is listed in the WellnessMktPl Directory. WellnessMktPl Businesses may also be referred to in these Terms or on the Site as Providers.
Requesting User: An individual seeking wellness services through a registered WellnessMktPl account. Requesting Users may also be referred to in these Terms or on the Site as Sage Users.
While you may access this Site without registering an account, you must create an account (“User Account”) in order to be listed as a WellnessMktPl Provider, Professional or Business or to schedule and book wellness services through our portal.
- THE SAGE COMMUNITY
Who is the Sage Community? By accessing this Site you are automatically a member of the Sage Community. The community is made up of WellnessMktPl Providers, Professionals, Businesses and individuals seeking wellness services collectively referred to as the (“Sage Community”). All members of the Sage community are subject to these Terms and Conditions. This includes visitors to the website who do not wish to register.
- USE OF THE SITE
- Creating a User Account. In order to make use of some of the Services and discounts offered by the Site, you must register a User Account. By accepting these Terms and Conditions you agree:
- To provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Site;
- To maintain and promptly update the information you provide to us to ensure its currency and accuracy;
- That WellnessMktPl reserves the right to reject any registration or application form in its sole discretion;
- That you are at least 18 years of age or the age of majority in the jurisdiction in which you reside. By registering an account you signify that you are at least 18 years old and acknowledge that you may not use the Services if you are under the age of 18 or the age of majority in the city in which you are a resident. If necessary, we may ask you for proof of your age. If you are unable to provide proof of your age we reserve the right, at our sole discretion, to halt your registration;
- If you are registering a User Account on behalf of another person or entity including a WellnessMktPl Provider, Professional or Business you must have authorization to enter into this Agreement on their behalf and bind the Provider, Professional or Business to these Terms and Conditions. Upon registering a User Account you will be asked to provide us with personal information including, but not limited to: your name, telephone number, address, email address and credit card data or PayPal Account. This information will be used to allow you to book or schedule appointments and to pay for the Service; and
- Once you successfully register a User Account you will choose a password and be given access to your User Account. You hereby agree to be fully responsible for that account and to maintain the confidentiality and security of the password. You agree to immediately notify us upon any unauthorized use of your password or account.
- Using the Directory. All WellnessMktPl Providers, Professionals and Business will be listed on our Site and categorized according to their service area, targeted path of wellness (emotional wellness, mental wellness, physical wellness, spiritual wellness), and location. WellnessMktPl Providers, Professionals and Businesses may also be found using our search tool.
- Booking an Appointment. WellnessMktPl Providers, Professionals and Businesses have the option to use the WellnessMktPl Live Calendar Tool to enable Requesting Users to book an appointment. However, not all WellnessMktPl Providers, Professionals and Businesses will provide Requesting Users with this option. The Live Calendar Tool allows WellnessMktPl Providers, Professionals and Businesses to indicate to Requesting Users which days and times they are available for appointments and allows Requesting Users to select and book an appointment time and date that is suitable for them. Payment for services must be made at the time of booking. All Requesting Users will receive a 5% discount on services booked through the WellnessMktPl Live Calendar Tool.
- All cancellations must be made with at least twenty-four (24) hours notice to the WellnessMktPl Provider, Professional or Business failing which the Requesting User will lose their Payment. If the Requesting User cancels a booking with at least twenty-four (24) hours notice, they will receive a refund of their Payment. If the Requesting User reschedules the appointment with less than 24 hours notice they will be subject to a cancellation fee that is equal to 20% of the appointment cost.
- FEES & PAYMENT TERMS
- No Agency. Requesting Users contract directly with WellnessMktPl Professionals, Providers or Businesses. The inclusion of the name “WellnessMktPl” in the title for Providers, Professionals and Businesses has no meaning other than that provided in the terms included in Section 1.2 of this Agreement. WellnessMktPl Providers, Professionals and Businesses are not employees, contractors or partners of WellnessMktPl. WellnessMktPl is not a party to any agreement or contract for wellness services between a WellnessMktPl Provider, Professional or Business and a Requesting User. WellnessMktPl only coordinates the connection, booking of appointments and payment between Requesting Users and WellnessMktPl Providers, Professionals and Businesses. Nothing in this Agreement or any other agreement between WellnessMktPl and members of the Sage Community or its involvement with the Sage Community makes us responsible for the wellness services provided directly or indirectly through the use of this Site nor issues surrounding the provision of those services. Contracts for wellness services are between WellnessMktPl Providers, Professionals or Businesses and Requesting Users only.
- All prices for services are set by the WellnessMktPl Provider, Professional or Business and are subject to applicable taxes and fees. All Requesting Users will receive a 5% discount on services for booking with WellnessMktPl.
- Requesting Users will be prompted to pay for their requested service in order to secure their booking. All payment transactions between the Requesting User and WellnessMktPl Providers, Professionals and Businesses will be completed through third party payment processors (the “Payment Processor“). Any questions or issues regarding payments shall be directed to the applicable Payment Processor and not to WellnessMktPl. You acknowledge and agree that the terms of the Payment Processor will govern your agreement and interactions with the Payment Processor, that our Terms and Conditions and Policies do not govern your interaction with the Payment Processor and that we have no liability arising from your use of or access to the Payment Processor. You should review the applicable terms and policies of the Payment Processor, including its privacy and data gathering practices. We are not responsible for any arrears by the Payment Processor.
- Our Fees. There is currently no charge to Requesting Users for their use of the Service, to the extent this includes browsing the Site and booking wellness services. We reserve the right to introduce or change a service fee or implement charges for features of the Service as indicated to the Sage Community from time to time. Any revised fees will take effect 30 days from the date of posting to these Terms and Conditions or notification through your registered account.
- Promotions and Promotional Credits. We may, from time to time and in our sole discretion, provide certain promotional credits (“Promotional Credits“) to Requesting Users. There is no guarantee of or right to receive any such Promotional Credits. We reserve the right to activate, modify, or delete any such Promotional Credits at any time, in our sole discretion and without notice to you. Promotional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your User Account.
- SAGE COMMUNITY CONDUCT
As a member of the Sage Community you agree to maintain a high degree of respect and courtesy in using this Site and in interacting with any other member of the Sage Community. You acknowledge and agree that the Service is available for use as a portal to connect you with other members of the Sage Community and to enable the scheduling and booking of services between members of the Sage Community. The Service shall not be used for any other commercial or improper purpose unless specified in these Terms and Conditions. Without restricting anything else in this Agreement, you agree to the following:
- Age Limit. By using this service you agree that you are over the age of 18 or are using this service with the express consent of a parent or guardian. Any unauthorized use of this Service will be immediately terminated.
- Your Sage membership is yours alone. You will not impersonate any other person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, User Account or otherwise. You will not create an account on behalf of another person or entity without the express consent of that person or entity and you will not make use of the account of another person or entity without their express consent;
- Posting Content. You will not upload, post, transmit, share or otherwise make available on the Site or through your use of the Site any content that:
- Is misleading, fraudulent or is otherwise unlawful or violates any law;
- Violates, plagiarizes or infringes upon the rights of any other member of the Sage Community or any third party including but not limited to any intellectual property, privacy or other personal or proprietary rights;
- Portrays explicit nudity, adult content, or that is unacceptable for viewing by minors or is objectionable, in our sole discretion;
- consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social insurance numbers, US social security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information;
- in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law,
You acknowledge and agree that you are solely responsible for all of the content you provide us, and we may, but are not obligated to, review and delete or remove (without notice) any content, in our sole discretion, including, without limitation, any content that violates this Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You will also comply with any of your own local laws regarding online conduct and acceptable content, including laws relating to the export of data if you are outside of Canada.
- Inappropriate Material. WellnessMktPl reserves the right to monitor all communications made by you through the Site to ensure compliance with this Agreement. Where we have determined in our sole discretion that a, review, posting, email, image, or communication (the “ Inappropriate Material “) by you through the Site is in violation of this Agreement or any content guidelines, or is otherwise unacceptable, we reserve the right to remove, edit and/or move the Inappropriate Material.
- You agree not to solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for commercial or unlawful purposes.
- You agree not to use the Service or the content provided therein to “stalk”, intimidate, harm or otherwise harass any member of the Sage Community.
- You will not use this Site or Service for any means that would otherwise violate any law, including any regulations thereto, or any court order or lawful order of any governmental authority or harm any member of the Sage Community in any way.
If WellnessMktPl discovers that you have violated this section you will be removed from the Service and WellnessMktPl may notify appropriate legal authorities if necessary.
- YOUR WELLNESSMKTPL ACCOUNT
WellnessMktPl is entitled to act on instructions received under your password. You are responsible for keeping your user ID, password, and any and all other account information confidential. WellnessMktPl is not responsible for any actions taken or any transaction made to or from your account(s) by any other party using your password.
- Termination. You may terminate your User Account at any time by deleting your User Account. We reserve the right to terminate, suspend, or deactivate your User Account if we suspect or determine, in our sole discretion, that you have misused our Service, have used our Service to violate any law or have breached any term of this Agreement. We will give you notice of such deactivation and you agree to
immediately cease all use of our Service and any content made available to you through the Service.
- RESPECT FOR AND COMPLIANCE WITH WELLNESSMKTPL INTELLECTUAL PROPERTY
- WellnessMktPl Proprietary Rights. All materials on this Site, including, without limitation, directory data, ratings reviews, information, images, illustrations, audio clips, video clips, surveys and special promotions, are protected by intellectual property rights owned and controlled either by WellnessMktPl or its affiliates and subsidiaries, or by other members of the Sage Community or by third parties who have licensed their material to WellnessMktPl. Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of WellnessMktPl or except as specifically permitted on the Site. Use of material for any purpose other than your own personal, non-commercial or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other website, social network, blog, handheld device application, web-based application, or networked computer is prohibited.
- Service Rights. Provided that you are eligible for use of the Service, and that you agree to this Agreement, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, and for such use expressly permitted by this Agreement, subject to this Agreement and provided that you keep all copyright or other proprietary notices intact. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You further agree not to change, translate, or otherwise create any derivative works of the Service. If we revoke your right to use this Service, you agree to remove any content infringing the terms of this Agreement and that the terms of the Agreement will survive such revocation and continue to bind you.
- The trade marks, logos and service marks that you see on this Site are registered and unregistered marks of WellnessMktPl or its affiliates, subsidiaries, third parties who have licensed the use of such marks to WellnessMktPl or members of the Sage Community. Nothing in this Site grants any license or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited.
- Rights Outside Canada. WellnessMktPl makes no representation that materials on the Site are appropriate or available for use in locations other than Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws apply.
- Use of Comments. WellnessMktPl welcomes your comments on our services, including the WellnessMktPl Site. However, any notes, messages, billboard postings, ideas, suggestions or other material that you submit to WellnessMktPl will become the sole and exclusive property of WellnessMktPl. WellnessMktPl is entitled to use any material that you submit for any type of use forever in any media, whether now known or later developed. When you submit material to WellnessMktPl, you agree that WellnessMktPl has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas or artwork that you do not wish for us to use.
- Non-Infringement of Intellectual Property Rights.
By accessing this Site you agree not to:
- Alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any of the content displayed, published or produced by the Site;
- Reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Site, or the Service or any part thereof;
- Make the Service, Site or content contained therein available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service or Site in any way except in furtherance of your permitted use in accordance with these Terms and Conditions, and any other Agreement with WellnessMktPl;
- Republish any content produced by or made available by the Site or the Service on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without the prior written permission of WellnessMktPl or the permission of the owner of the content, as the case may be,
- Use any data mining, robot or similar data gathering or extraction methods with respect to any content on the Site or the Service,
- Disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or content owned, published or provided by the Service;
- Remove any copyright or other proprietary notices on or in the Site or any part thereof;
- Access the Service or any Service Content in order to:
- build a competitive product or service, or
- copy any features, functions or graphics of the Service or Site or the content contained therein;
- Utilize the Service or the Site in any way except as expressly permitted by this Agreement, including by developing or using any software tool or other application that interfaces with the Service, Website, or App except for standard web browsers; or
- Interfere with or disrupt the Service, the Site or the content contained therein (including the servers, networks or technology connected to the Service).
If WellnessMktPl discovers that you have violated this section you will be removed from the Service and WellnessMktPl may notify appropriate legal authorities if necessary. Any use of the Service or the content published on the Service other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will automatically terminate all rights granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other rights or license to intellectual property rights, whether by estoppel, implication or otherwise.
- Non-Medical Advice. You understand and agree that the information published on the Site is NOT to be used by you as a source of medical advice or for the diagnosis of any medical condition. Any information published on the Site, including the blog is meant for informational purposes only. Please consult your wellness provider or other medical professional for any wellness or medical concerns you might have and before relying on any advice posted on the Site. Remember that you and your wellness provider are in the best position to understand your needs. Information published on this Site is for a general audience and may not be suitable for you. You agree that in the event of an emergency you will call 9-1-1 and not rely on the information contained in the Site.
- Non-Exhaustive Directory. You acknowledge and accept that:
- the list of wellness providers and business listed on the Site may not be a complete list of every wellness provider or business within the specified specialty category or location;
- the list of wellness providers and business may not be updated on a regular basis, even if we have been advised of incorrect or incomplete information;
- the information contained about a particular wellness provider or business may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
- maps displayed on the Site may not be complete, accurate, or up-to-date;
- Non-Endorsement. The inclusion of any wellness provider or business on the Site shall not be considered as an endorsement of that wellness provider or business. WellnessMktPl requires that all of its wellness providers and businesses submit proof of applicable licenses and insurance. It is up to you to complete your own research and seek out any information that will enable you to choose the right wellness provider or business for your needs.
- No Responsibility for Others’ Content. We are not responsible or liable in any manner for any Sage Community content or Third Party Content available on the Site, whether made available or caused to be made available by members of the Sage Community or by any of the technology associated with or utilized in the Service. Although we provide this Agreement and other policies and rules for Community conduct, we do not control and are not responsible for the actions of Sage Community members and are not responsible for any content you may encounter on the Service. We are not responsible for the conduct, whether online or offline, of any member of the Sage Community. Notwithstanding anything else in this Agreement, WellnessMktPl has no responsibility to monitor any content on this site or any Third Party Site.
- Errors or Omissions. WellnesMktPl works hard to ensure that its content is reliable and up-to-date. But sometimes this may not be possible. WellnessMktPl assumes no responsibility to you or any third party for any errors or omissions of any kind in the content contained on the Site and disclaims all warranties and/or conditions, express or implied, as to the content and to any matter relating to the Site.
- Links and Third Party Content. The Site may contain links to other websites (“Third Party Sites”) as well as Content (for example GPS systems) belonging to or originating from parties other than us or our Users (the “Third Party Content”) that are not maintained or controlled by WellnessMktPl, including sites of WellnessMktPl ‘s related companies. WellnessMktPl provides these links for your convenience and is not responsible for the contents of any linked website. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content available on the Service, including, without limitation, the content, accuracy, safety, functioning, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. This includes the websites of members of the Sage Community. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us and does not guarantee that any Third Party Content will function with the Service or will be error-free. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same and that we have no liability arising from your use of or access to any Third Party Site or Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with WellnessMktPl. Further, we are in no way responsible for references to or representations, endorsements, reviews, recommendations or sponsorship of the Service or any wellness professional or business on any Third Party Site.
- Disruption in Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of content on the Site. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof. We are not responsible for any damages or losses that arise as a result of any disruption in the Service.
- No Guarantee. We make no guarantee regarding the provision of Services provided by the wellness providers, professionals or business listed on the Site including their availability, professionalism, skill, timeliness or other qualifications. While we do ask that all wellness providers provide us with proof of their qualifications, we cannot guarantee the validity of these documents. WELLNESSMKTPL DOES NOT WARRANTY ANY WELLNESS SERVICE BUSINESS OR PROFESSIONAL’S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR WORKER’S COMPENSATION PROTECTION RELATED TO THE PROVISION OF WELLNESS SERVICES. WELLNESSMKTPL DOES NOT CONDUCT, OR REQUIRE THE PROVISION OF CRIMINAL BACKGROUND CHECKS FOR ANY MEMBER OF THE SAGE COMMUNITY.
- AS IS; AS AVAILABLE. THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WELLNESSMKTPL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WELLNESSMKTPL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY WELLNESS SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE. WELLNESSMKTPL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WELLNESSMKTPL DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
- ELECTRONIC COMMUNICATIONS
- When you use the Service, send e-mails to us, or register for a User Account, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account Data or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You can opt out of your subscription to WellnessMktPl’s e-mail services at any time by logging on to the Site and changing your account settings. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences.
- Chat Tool. WellnessMktPl offers the Sage Community the option to interact with a WellnessMktPl representative through our chat tool. This provides the Sage Community with quick access to assistance with any questions or concerns regarding the use or functioning of the Site and Services. However, if you prefer to communicate with us via email, you may contact us at appropriate email address provided in the contact section of the Site.
- Non-Confidential Information. Notwithstanding any term herein, you acknowledge and agree that any questions, comments, complaints, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to us are non-confidential and shall become the sole property of WellnessMktPl, who shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, AND WHETHER DIRECT OR INDIRECT, FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), HOWSOEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WELLNESSMKTPL WAS AWARE, HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WELLNESSMKTPL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WELLNESSMKTPL FOR THE SERVICE DURING THE YEAR IN WHICH YOUR SUCH CAUSE AROSE (FOR EXAMPLE, IF YOU ARE A WELLNESS PROVIDER, THE AMOUNT OF YOUR SUBSCRIPTION FEES). YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO WELLNESSMKTPL FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM WELLNESSMKTPL, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BUT ONLY TO THE EXTENT OF SUCH EXCLUSION BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, contractors, partners and employees, harmless from any claim or demand, including reasonable legal fees, arising out of or in connection with your use of the Service, your conduct in connection with the Service or with other members of the Sage Community, or any violation of this Agreement, any law or any right of any third party.
- DISPUTE RESOLUTION
- You hereby agree to the following in the event that a dispute arises between you and WellnessMktPl:
- Contact Us First. We care about addressing your concerns in an informal and efficient manner. For any dispute you have with us regarding the Service, you agree to first contact us and attempt in good faith to resolve the dispute informally by reporting the dispute to our customer service online at any time either through our Chat Tool or by emailing connect@WellnessMktPl.ca. You agree that if your complaint is not resolved by informal resolution within 20 days of your submission, you will resolve any claims through final and binding arbitration (“Arbitration”).
- Arbitration. You agree that any claim arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, that is not resolved through our customer service centre, will be finally resolved by Arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Arbitration will take place in Richmondhill, Ontario, Canada or the nearest available venue. The language of the arbitration will be English.
- No Class Actions. You hereby agree and acknowledge that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action. You further agree that, by entering into these terms, you and WellnessMktPl each agree that all claims and disputes shall be resolved under this Agreement. You further waive any constitutional or statutory right to go to court and have a trial in front of a judge or jury on an individual, class action, or representative action basis. In the event that any litigation should arise between you and us, in any jurisdiction, in a suit to vacate or enforce an Arbitration award or otherwise, you and WellnessMktPl waive all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agree to take any and all action necessary or appropriate to effect such waiver.
- Statute of Limitations. You hereby agree that any claim under this Agreement must be brought within one year of the act, loss or damage giving rise to the claim.
- Sage Community Disputes and Release. The Service is only a venue for connecting the Sage Community. We are not involved in the actual contact, or contract, between Sage Community members or in the provision of wellness services. You are solely responsible for your interactions with other members of the Sage Community. If you have a dispute with one or more members of the Sage Community, you release WellnessMktPl (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect arising out of or in any way connected with such disputes.
- GOVERNING LAW
This agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada without giving effect to any principles of conflicts of law. You agree to bring any claims against WellnessMktPl exclusively in the courts of the Province of Ontario. If any provision of these Terms and Conditions proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
- COMPLIANCE WITH LAWS
You agree that your use of the site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You do not have any right to assign this Agreement or any of your rights to the Service to anyone. WellnessMktPl may assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of WellnessMktPl, if WellnessMktPl’s obligations herein are assumed by a third party, WellnessMktPl shall be relieved of any and all obligations and liability under this Agreement.
- NO AGENCY
You hereby acknowledge and agree that no employment, joint venture, partnership, or agency relationship exists between you and any WellnessMktPl as a result of this Agreement or your use of our Service. We are solely independent contractors.
We may run advertisements and promotions on the Service. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Service is subject to change in our sole discretion.
While every effort is made to ensure that all information provided on the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
- APP/MOBILE PHONE USE.
You agree to adhere to any terms of any app store, mobile software platform, payment platform, or other third party services provided in connection with your use of the Site. We reserve all rights in and to the Site not expressly granted to you under this Agreement and you only have limited rights to use it to access the Service in accordance with these terms. By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts from us relating to requests relevant to you. You understand and acknowledge that by communicating by calls or text, standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site.
These Terms and Conditions constitute an agreement that is effective until terminated by WellnessMktPl at any time without notice. WellnessMktPl may terminate your right to use this Site immediately, without notice to you if, in the sole discretion of WellnessMktPl you fail to comply with any of these Terms and Conditions or engage in any unlawful activity in connection with your use of the Site and Service. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement.
- CHANGES TO THESE TERMS AND CONDITIONS
WellnessMktPl reserves the right, at any time, to modify, alter, or update these Terms and Conditions by posting the modified, altered or updated terms on the Site, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Service. Your continued use of the Service following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.
- MERGER OR ACQUISITION.
Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, this Agreement. The word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
This Agreement constitutes the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall ensure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.
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