Helthe Connect

Terms & Conditions: Wellness Provider

Terms and Conditions of Use – Last revised November 2019

1. Defined terms: In these terms and conditions, Helthe Connect, Us, We, Our, and similar terms refer to Helthe Connect Wellness Inc. and Provider, You, Your, and similar terms refers to the Wellness Provider that wishes to participate in the online marketplace. Marketplace Services refers to the functionality contained in the HeltheConnect.com site or which may be offered through apps or other electronic means of communication (collectively, the “Site”). Wellness Services refers to the services, goods, and other commercial offerings provided by You to clients. Client refers to any individual, firm, corporation, or other entity that purchases or proposes to purchase Wellness Services from You.

2. Acceptance of Terms; Amendments: By clicking on I Accept, You acknowledge and agree that You have read, understood and agreed to be bound by these terms and conditions and that a binding and enforceable contract is thereby entered into between You and Helthe Connect (the “Agreement”), which includes these terms and conditions, Our Privacy Policy and Your particular Subscription agreement. We may change, modify, add to, or otherwise amend these terms and conditions from time to time and your agreement is to be bound by the terms and conditions as they are in effect at any particular time as posted on the Site. If you are accepting these terms and conditions on behalf of a third party, you represent that you have the authority to enter accept and agree to these terms and conditions on behalf of such third party. We will identify the current version of the terms and conditions by a reference date and you should review them from time to time to ensure that you are fully aware of the applicable terms and conditions.

3. Provider Account: You have requested, and We have agreed to provide You with a provider account that will allow Clients and prospective Clients to access Your profile and to contact You for the provision of Wellness Services. The scope of Marketplace Services available to You through the Site and their related price to You is set out in your Provider subscription agreement. You agree that the Site is “as is” and that no representation or warranty has been made about the continued commercial effectiveness of the Site or the Marketplace Services or that You will receive any specified benefit or advantage from using the Site or the Marketplace Services or that the Site will remain available to the public for any specified period of time. You acknowledge that the Site and the Marketplace Services relies on third party suppliers for its hosting and for the Approved Payment Apps and that Helthe Connect has no control over and is not responsible for any actions taken by such third parties or for the continued provision of services by those third parties. Support for Your Provider account can be accessed through:

https://www.facebook.com/groups/heltheconnectwellnessproviders/

4. Privacy Policy: We have established a Privacy Policy, the terms of which are set out on the Site, and by clicking on I Accept, You also acknowledge and agree that You have read, understood, and agreed to be bound by the terms of the Privacy Policy as it may be amended from time to time.

5. Client Payments: Subscription fees are payable as per your individual contracts. All payments by clients to You for Wellness Services booked through the Site must be made through Stripe.com (owned by Stripe, Inc. and not affiliated in any way with Helthe Connect) or other payment services approved by Us (an “Approved Payments App”). You are responsible for including all applicable taxes or other charges in the amount charged to a Client and reporting and remitting such amounts to the applicable taxing authority or agency. Our Commission fees, together with any applicable merchant transaction fees, will be deducted through the applicable Approved Payments App and the balance remitted to You. Helthe Connect will assist if possible with correcting any delay, error, or other disruption in payment to You through an Approved Payments App but will not be responsible for any losses You may suffer arising from any such delay or error or if the Client cancels the payment or is unable to process a payment through an Approved Payments App. You appoint Helthe Connect as your agent for the sole and limited purpose of collecting payments from Clients through an Approved Payments App and that payment in such manner will be deemed to be payment directly to You by the Client. Our obligation to remit any payment to You is dependent on receiving payment from the Client and We have no obligation to verify that the amount paid by the Client is correct or that You have correctly advised the Client and Us of the amount due from the Client.

6. Fees and Exclusivity: You agree to pay the Subscription fees and Commission fees identified on your Subscription Agreement. Any Client whose first contact with You is through the Site or who books Wellness Services with you through the Site is referred to as a “Referral Client”. All fees or other charges paid by a Referred Client in respect of Wellness Services provided by You during the term of Your subscription and for a period of one year after the expiry or termination of Your subscription shall be made through an Approved Payments App linked to the Site and You agree to pay to Helthe Connect the Commission fee for each such payment. Helthe Connect reserves the right to require You to cooperate with any audit or review We may undertake of Your commercial dealings (but not the scope, nature, extent, or type of Wellness Services provided) with each Referred Client to confirm the amount of Commission fees payable by You.

7. Standard of Services: You represent and agree that:

-You are qualified to provide the Wellness Services that You offer based on your education, training, experience, and meet all of the requirements, if any, of any governmental or industry licensing or certification body of which You are a member and which is identified on Your Profile;
-You will provide, and will cause Your employees, agents, and representatives, to provide Wellness Services in a professional, competent, and ethical manner consistent with best practices within Your particular industry or area of specialization;
-You have obtained and are in good standing with all licences, certifications, insurance, and workers compensation coverage, bonding and similar requirements of all applicable laws, bylaws, licencing or certification bodies and generally in accordance with best practices within your industry or area of specialization;
-Your fees or other charges for Wellness Services to any client booking through the Site will not exceed the amount, if any, indicated on Your Profile without the prior informed consent of the particular client

8. Client Relations: The Site serves to provide general information to Clients and facilitate the booking of sessions with Clients. Helthe Connect has no control over Clients and is not responsible for missed bookings, cancellations, or other disruptions in the relationship between You and Clients including, without limitation, any failure by the Client to pay for Wellness Services. Helthe Connect assumes no responsibility for the conduct of any Client and will not be liable for any damage caused to You, Your employees, agents, or other clients of Your practice or otherwise resulting from any act or omission of a Client. We are entitled to rely on any cancellation policy that You have identified in Your profile or on any other website or social media platform in accepting cancellations from Clients on Your behalf and refunding, if applicable, any deposits paid by such Clients based on the cancellation.

9. Use of the Site: The Site strives to be an ethical and open online marketplace and You agree to use the Site and the Marketplace Services only for their intended purpose. Any misuse of the Site or the Marketplace Services by You will entitle Us to terminate or suspend your subscription or block You from the Site. Prohibited uses of the Site and the Marketplace Services include, but are not limited to, spam, the use of bots or other malware, multi-level marketing, libellous or malicious postings, or any material posted that is not related to the provision of Wellness Services.

10. Your Profile: You are responsible, at your own cost, for providing all content related to Your profile and the accuracy, completeness, and compliance with law (including, without limitation, copyright law) and the rules and policies of any applicable licencing authority of Your profile and any other material you post to the Site. Helthe Connect is under no obligation to confirm, verify, or investigate any claims You may make about Your Wellness Services, Your credentials or experience or the efficacy of the treatment provided. If We are notified by a third party, or on Our own initiative, We may delete or block any material You have provided or posted on the Site that We, in our sole discretion, consider inappropriate or that infringes or is alleged or appears to infringe on the copyright or other legal rights of third parties without investigating or verifying that any infringement has occurred. You acknowledge that We have no control over who accesses the Site or who may contact You, through the Site or otherwise, or how any person may interpret or make use of any information or other content You have provided to Us.

11. Limited Licence: You grant Helthe Connect a non-exclusive licence and right to publish and re-publish Your Profile or any portion thereof and any other material You have provided to Us (excepting any confidential and proprietary information identified as such and which is provided to Us for purposes other than inclusion on the Site) and to modify or create derivative works from it for the purposes of marketing and promoting the Site and the Marketplace Services and You warrant and represent to Us that You have the right to do so and that no publication or re-publication by Us of any such material will infringe the rights including, without limitation, copyright, trademark, privacy, or other intellectual property rights of any other person. Your subscription agreement and any other dealings between You and Us do not, except to the extent specifically provided for in writing, grant You any rights, including intellectual property rights, in the Site or any content thereon or to make use of the Site. You may not use any trademark, logo, or other information identifying Us except for the limited purpose of informing the public that You have a Provider account with us during such time as the account is in good standing and You may not indicate, directly or by implication, that Helthe Connect has in any manner endorsed, recommended, certified, or approved You or Your Wellness Services in any capacity other than as the holder of a Provider account.

12. Termination of Provider Account: We may terminate, suspend, or block Your Provider Account at any time, in Our sole discretion, if we believe that you have breached any of these terms and conditions, including the Privacy Policy.

13. Indemnity: You agree to indemnify and save harmless Helthe Connect and its officers, directors, employees, and representatives (collectively the “Helthe Connect Indemnified”) from any loss, damages, expenses, and the Company’s directors, officers, employees, and agents from any loss, damage, liability, cost, and expense (including without limitation any fine, levy, or other charge imposed by any government or governmental agency and all legal costs and expenses on a solicitor and own client basis) suffered by the Helthe Connect Indemnified directly or indirectly as a result of or arising out of any breach of this agreement including, without limitation, resulting from a claim or threatened or pending claim by any person (whether or not We are named or otherwise identified in such claim) that the offering for sale, re-sale, or use of any Wellness Services causes loss or damage to any person or that any material You have provided infringes, breaches, or otherwise misuses the intellectual rights of any person.

14. Disputes: All disputes arising out of this Agreement or relating to any relationship arising out of this Agreement, Your use of the Site or any Marketplace Services or Your Subscription agreement will be referred to and finally determined by arbitration before a single arbitrator appointed and acting in accordance with the Domestic Commercial Arbitration Shorter Rules of Procedure in force at the particular time of the British Columbia International Commercial Arbitration Centre. If the parties are unable to agree on an arbitrator, an arbitrator will be appointed by the British Columbia International Commercial Arbitration Centre. The arbitrator may, both during and at the conclusion of the arbitration, make orders as to the costs of both the arbitration and the legal and other costs of the parties. Any party may apply to a court of competent jurisdiction for such interim relief as the court considers appropriate pending the determination of the arbitrator. The place of arbitration shall be Vancouver, British Columbia. This Agreement will be governed by and interpreted in accordance with the law of British Columbia.

15. Termination: Unless earlier terminated in accordance with these terms and conditions, either You or We may terminate this Agreement upon 30 days’ written notice, using the contact information for each party set out on the Site. Termination will not affect Your obligation to pay the Subscription fee, if any, and the Commission fees.

Last updated November 25, 2019

 

Helthe Connect

Terms & Conditions: Individuals/Clients

Terms of Use – Last revised December 2019

1. Defined terms:  In these terms and conditions, Helthe Connect, Us, We, Our, and similar terms refers to Helthe Connect Wellness Inc. and Individual, You, Your, and similar terms refers to the prospective client of a Wellness Provider that wishes to participate in the online marketplace.  Marketplace Services refers to the functionality contained in the HeltheConnect.com site or which may be offered through apps or other electronic means of communication (collectively the “Site”). Wellness Services refers to the services, goods, and other commercial offerings provided by Wellness Providers to You and Wellness Provider refers to those practitioners who have offered their services and goods through the Site.

2. Acceptance of Terms; Amendments:  By clicking on I Accept, You acknowledge and agree that You have read, understood, and agreed to be bound by these terms and conditions and that a binding and enforceable contract is thereby entered into between You and Helthe Connect (the “Agreement”).  We may change, modify, add to, or otherwise amend these terms and conditions from time to time and your agreement is to be bound by the terms and conditions as they are in effect at any particular time as posted on the Site. If you are accepting these terms and conditions on behalf of a third party, you represent that you have the authority to enter accept and agree to these terms and conditions on behalf of such third party.  We will identify the current version of the terms and conditions by a reference date and you should review them from time to time to ensure that you are fully aware of the applicable terms and conditions.

3. Client Account:  You have requested, and We have agreed to provide You with a client account that will allow You to interact electronically with Wellness Providers that have subscribed to the Site for the purpose of booking or ordering Wellness Services from those Wellness Providers and making payment for Wellness Services.  You agree that the Site is “as is” and that no representation or warranty has been made about the accuracy or completeness of any information contained on the Site or that the Wellness Providers that have subscribed to use the Site constitute a sufficient choice of providers for the particular services or products that could be beneficial to You or that any of the Wellness Providers are appropriate for Your particular circumstances. You acknowledge that the Site and the Marketplace Services relies on third party suppliers for its hosting and for the Approved Payment Apps and that Helthe Connect has no control over and is not responsible for any actions taken by such third parties or for the continued provision of services by those third parties.  You also acknowledge that all charges and fees incurred for data, voice, or internet services provided by third parties in connection with Your use of the Site, included using an Approved Payments App, are your responsibility and We will not reimburse or pay any such charges or fees.

4. Privacy Policy:  We have established a Privacy Policy, the terms of which are set out on the Site, and by clicking on I Accept, You also acknowledge and agree that You have read, understood, and agreed to be bound by the terms of the Privacy Policy as it may be amended from time to time.

5. Your Account Content:  You are solely responsible, at Your own expense, for all information, documentation, and other content included in Your account and for the accuracy, completeness, and compliance with law including, without limitation, copyright law of Your profile and any other material you may post to the Site.  Helthe Connect is under no obligation to confirm, verify, or investigate any information or other content You may provide. If We are notified by a third party, or on Our own initiative, We may delete or block any material You have provided or posted on the Site that We, in our sole discretion, consider inappropriate or that infringes or is alleged or appears to infringe on the copyright or other legal rights of third parties without investigating or verifying that any infringement has occurred.  You acknowledge that We have no control over who accesses the Site or how any Wellness Provider may interpret or make use of any information or other content You have provided to Us and that is made available to them through the Site.

6. Your Account Passwords:   You are solely responsible for setting, re-setting, and maintaining the confidentiality of Your user name, passwords, or other means of accessing Your profile and ensuring that such information is provided only to persons who will maintain confidentiality.  If You believe access to Your profile has been compromised or if You wish to block, suspend, or terminate access, contact Us through the Site immediately.

7. Wellness Services Payments:  All payments by You to Wellness Providers for Wellness Services booked through the Site must be made through Stripe.com (owned by Stripe, Inc. and not affiliated in any way with Helthe Connect) or other payment service approved by Us (an “Approved Payments App”).  You are responsible for establishing and maintaining an account, including providing all necessary information and documentation, with Stripe.com for this purpose. Helthe Connect will assist if possible with correcting any delay, error, or other disruption in payment from You through an Approved Payments App but will not be responsible for any losses You may suffer arising from any such delay or error or if Stripe.com cancels the payment or We are otherwise unable to process a payment through an Approved Payments App.  Any payment to a Wellness Provider through an Approved Payments App is not a payment to Us but is deemed to be a payment directly to the Wellness Provider by You. We have no obligation to verify that the amount charged by the Wellness Provider or paid by You is correct or that the Wellness Provider has correctly advised You and Us of the amount owing for the Wellness Services.

8. Use of the Site:  The Site strives to be an ethical and open online marketplace and You agree to use the Site and the Marketplace Services only for their intended purpose.  Any misuse of the Site or the Marketplace Services by You will entitle Us to terminate or suspend your subscription or block You from the Site. Prohibited uses of the Site and the Marketplace Services include, but are not limited to, spam, the use of bots or other malware, multi-level marketing, libelous, or malicious postings or any material posted that is not related to the provision of Wellness Services.

9. Limited Licence:   You grant Helthe Connect a non-exclusive licence and right to provide Your name and contact information to those Wellness Providers You have requested for the purpose of seeking Wellness Services and to publish and re-publish such information and content from Your Profile or any portion thereof and any other material, if any, You have provided to Us that is intended by You to be publicly available (as evidenced by You providing such material to Us to be published on Your Profile) and to modify or create derivative works from it for the purposes of marketing and promoting the Site and the Marketplace Services and You warrant and represent to Us that You have the right to grant this licence and that no publication or re-publication by Us of any such material will infringe the rights including, without limitation, copyright, trademark, privacy, or other intellectual property rights of any other person.  Your account and any other dealings between You and Us does not, except to the extent specifically provided for in writing, grant You any rights, including intellectual property rights, in the Site or any content thereon or to make use of the Site. You may not use any trademark, logo, or other information identifying Us except for the limited purpose of informing the public that You have made use of the Site, whether or not You have obtained Wellness Services from a Wellness Provider and You may not indicate, directly or by implication, that Helthe Connect has in any manner endorsed, recommended, certified, or approved any Wellness Provider or Wellness Services.

10. Termination of Client Account:  We may terminate, suspend, or block Your Client Account at any time, in Our sole discretion, if we believe that you have breached any of these terms and conditions, including the Privacy Policy.

11. Disclaimer of Warranty and Disclaimer of Liability:  NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT OR ANY STATEMENT, UNDERSTANDING, OR REPRESENTATION MADE BY A WELLNESS PROVIDER OR THE PROVIDER OF ANY OTHER CONTENT ON THE SITE, HELTHE CONNECT WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:

11.1 Standards of Wellness Providers:  You acknowledge and agree that We make no representation or warranty as to the credentials, competence, status of any applicable licencing or regulatory requirement, or efficacy of any of the Wellness Providers or their Wellness Services, and that You are responsible for verifying such matters to Your own satisfaction.  Helthe Connect does not offer Wellness Services and does not employ any of the Wellness Providers. It only acts as a marketplace for You to locate, identify, and interact with Wellness Providers and We do not recommend or endorse any Wellness Provider as being suitable, appropriate, or beneficial for You. Helthe Connect is not responsible for any loss, damage, claim, expense, dispute, disagreement, or negligence on the part of or caused by any Wellness Provider, their agents, employees, or representatives and will not monitor, intercede, or otherwise become involved in any such dispute or claim.

11.2 Physician Confidentiality:  Helthe Connect does not provide Wellness Services and any information provided to Us will not be protected by any doctor-patient obligation of confidentiality.  We may be required by law or by a court to disclose information You have provided through the Site and to which We have access. Any information that You wish to remain confidential between You and a Wellness Provider should be communicated directly to the Wellness Provider in appropriate circumstances.  Information provided by You to Us is governed by Our Privacy Policy as amended from time to time.

11.3 No Diagnosis or Prescription:   Helthe Connect provides information of a general nature on the Site provided by persons We believe to be competent to provide such information and that the information provided is reasonably accurate and of a general nature.  You should not use any such information on the Site for the purposes of diagnosis or treatment and no such information should be considered a medical opinion, diagnosis or prognosis, or any opinion concerning the appropriate treatment of any medical, psychological, psychiatric, naturopathic, or other condition.

12. Indemnity:  You agree to indemnify and save harmless Helthe Connect and its officers, directors, employees, and representatives (collectively the “Helthe Connect Indemnified”) from any loss, damages, liability, cost, and expenses (including without limitation any fine, levy, or other charge imposed by any government or governmental agency and all legal costs and expenses on a solicitor and own client basis) suffered by the Helthe Connect Indemnified directly or indirectly as a result of or arising out of any breach of this agreement including, without limitation, resulting from a claim or threatened or pending claim by any person (whether or not We are named or otherwise identified in such claim) that the purchase, sale, offering for sale or re-sale, or use of any Wellness Services causes loss or damage to any person or that any material You have provided infringes, breaches, or otherwise misuses the intellectual rights of any person.

13. Disputes:  All disputes arising out of this Agreement or relating to any relationship arising out of this Agreement, Your use of the Site or any Marketplace Services or Your Client account will be referred to and finally determined by arbitration before a single arbitrator appointed and acting in accordance with the Domestic Commercial Arbitration Shorter Rules of Procedure in force at the particular time of the British Columbia International Commercial Arbitration Centre.  If the parties are unable to agree on an arbitrator, an arbitrator will be appointed by the British Columbia International Commercial Arbitration Centre. The arbitrator may, both during and at the conclusion of the arbitration, make orders as to costs of both the arbitration and the legal and other costs of the parties. Any party may apply to a court of competent jurisdiction for such interim relief as the court considers appropriate pending the determination of the arbitrator.  The place of arbitration shall be Vancouver, British Columbia. This Agreement will be governed by and interpreted in accordance with the law of British Columbia.

14. Termination:  Unless earlier terminated in accordance with these terms and conditions, either You or We may terminate this Agreement and Your Client Account upon 30 days’ written notice, using the contact information for each party set out on the Site.

Last updated December 5, 2019