Terms and Conditions
This document is an electronic document for the purposes of the Electronic Commerce Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder and these terms and conditions govern the access or usage of the UNITEDWECARE platforms, namely, http://www.UNITEDWECARE.com (the “Website”), and UNITEDWECARE mobile application (“Application”) for Android and iOS devices (hereinafter collectively referred to as the “Platforms”). By visiting or accessing the Platforms, you accept the conditions of use. Please read them carefully.
By Your use of and/or access to the Platforms, You understand that You are contracting with UNITEDWECARE. You also understand and agree that UNITEDWECARE shall remain the sole owner of the Platforms.
In these Terms and Conditions, references to:
Services” shall include but not be limited to services made available for Users, for license, for a fee, including any online services and other web-based services identified on the services list. Services also include consulting, counseling, job search/and application, customer services and communication services and other services or advice provided through the Platforms, and any service that the Service Professionals provide to UNITEDWECARE on the line reservation system of the Website or Application.
“Service Professional(s)” shall mean the professionals listed on the UNITEDWECARE Platforms who will be delivering Services to User(s) from time to time.
“Your Account” shall have the meaning ascribed to it under section 3.1 herein below.
Legal Capacity and Age of Consent: Our Services are restricted to Users who are 18 years of age or older. We do not permit Users under the age of 18 on Our platform and We do not knowingly collect personal information from anyone under the age of 18. Accessibility is limited only to those who are not prohibited from entering into a contract of service of this kind by laws applicable in their competent jurisdiction. With this understanding, You specifically agree that by using the Platforms, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
Your contact number, as made available to Us, is treated as Your primary identification on the Platform. It is Your responsibility to ensure that the contact number provided on the Platform is valid and remains current at all times. You agree to promptly update Your mobile phone number and/or e-mail address in case of any change therein, by updating the same on Your Account through a onetime password verification.
You agree that upon confirmation of a booking or an appointment, the Service Professionals shall be entitled to contact You at the contact number/ email address provided in Your Account, pursuant to your request to receive the Services. You agree that UNITEDWECARE is not liable for non-rendering of requested Services resulting from any incorrect or invalid information that is reflected/uploaded in Your Account.
You fully acknowledge and understand that You shall be solely liable and responsible for all the activities undertaken under Your Account and any consequences therefrom.
UNITEDWECARE does not charge any fee for browsing/accessing the Platform and is thus free for its User(s), however, UNITEDWECARE reserves the right to change its fee policy, from time to time.
In addition to the service fees payable to a Service Professional(s) to enable a booking, Users will also be charged a convenience fee upon booking of an appointment with such Service Professional(s) for the Services booked and obtained through the Platform(s).
UNITEDWECARE reserves the right, in its sole discretion, to introduce new Services and/or modify some or all of the existing Services offered on the Platform(s). In such an event, UNITEDWECARE reserves the right to introduce a fee for the new/existing Service(s) offered or Service(s) modified, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall become effective immediately upon posting.
Unless otherwise stated, all fees shall be quoted and paid in Canadian Dollars and all payments shall be subject to deductions/taxes/levies as maybe applicable under applicable law. You shall be solely responsible for compliance with all applicable laws including for making payments to Service Professional (s).
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information on the Platforms is not guaranteed to be correct, complete or up to date, and is provided “as is” without any warranties whatsoever. The material and information provided on the Platforms are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platforms are at Your own risk. The Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right, in our sole discretion, to modify the contents of the Platforms at any time and it shall be Your responsibility to monitor changes to the Platform.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic communication and You consent to receive communications via electronic means from Us periodically or as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
You also acknowledge and agree that the telephonic conversations through the Platforms for the purposes of booking an appointment with any Service Professional, may be recorded solely for quality assurance and training purposes.
You authorize Us to make use of email to communicate with You and others as well as to send or receive documents notwithstanding such documents may be vulnerable to being intercepted or otherwise disclosed to unintended third parties by virtue of Our inability to control the means through which such emails are transferred and stored.
You authorize Us to make use of cloud based storage options for documents comprising the file in their usual course of business and notwithstanding that this constitutes the use of a third party to retain the confidential documents of the client.
RENDERING OF SERVICES
We utilize third party Service Professionals in order to deliver the Services. Service details of Service Professionals such as approximate time of rendering the Service(s) will be communicated or extended via text message, notification on Your Account, etc, upon receipt of confirmation from Your Account.
You acknowledge and agree that UNITEDWECARE solely acts as enablers or facilitators between User(s) and Service Professional(s). The opinions, statements, answers, diagnoses, counselling, etc. (collectively “consultation”) provided by the Service Professionals via the Platforms are solely individual and independent opinions and statements of such individuals/Service Professionals alone, and in no way reflect the opinions of UNITEDWECARE, its affiliates or any other organizations or institutions UNITEDWECAREto which such Service Professional is affiliated and/or provides services. We do not recommend or endorse any specific tests, service professionals, products, procedures, opinions, or other information that may be mentioned on the Platforms or by a licensee of UNITEDWECARE.
Prior to using service(s) listed on the Platforms, You will be required to provide relevant information including but not limited to name, mobile number, e-mail address and details of the issue being faced. You certify and affirm that the aforesaid information provided is correct, complete and accurate to the best of your knowledge. Any failure in receiving the necessary service(s) arising out of Your failure to provide correct, complete and accurate information shall not be attributable to UNITEDWECARE and consequently, UNITEDWECARE shall not be held liable in any manner whatsoever.
We, in our sole discretion, reserve the right to cancel any and/or all Service(s). In the event of such cancellation, We shall refund the amount (after any applicable deductions, if any) paid by You for the Service(s) cancelled or not delivered due to such cancellation.
While We will make reasonable efforts to ensure the delivery of Service(s) to You in a timely manner, You understand that delivering the same may sometimes be delayed on account of:
- Reasons and issues beyond Our control;
- Unsuitable/intermittent connectivity conditions;
- Disruptions in data or telecom networks by default of third party, etc.;
- Acts of God such as floods, earthquakes, epidemic, pandemic, etc.; and
- Any other unforeseen circumstances beyond Our control.
In the event of a delay caused by any of the cirucmstances set out in clause 7.5 above, We shall make commercially reasonable efforts to advise You either in writing, by mobile number and/or registered email. We disclaim all liabilitiy that may arise on account of failure to advise You of anticipated delays in delivering the Service(s) selected through the Platform. Further, We shall be under no obligation to compensate You for any mental distress or any tortious claim that may otherwise arise from delays in providing the Service(s).
UNITEDWECARE reserves the right to refuse Service to anyone for any reason at any time.
You understand that Your Account content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, use of the Application, or access to the Platforms or any contact on the Platform through which the Services are provided, without express written permission from Us.
UNITEDWECARE reserves the right to add, amend or discontinue any of its Services in future.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE CANADA) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE SERVICE PROFESSIONALS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELLING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVE THROUGH THE PLATFORM.
Duty to Report
You understand and acknowledge that We and the Service Professionals have under applicable law including the Child, Youth and Family Services Act a duty to promptly report any suspicions that a child is or may be in need of protection to a children’s aid society including suspicion of physical, sexual and emotional abuse, neglect, and risk of harm.
You understand and acknowledge that under the Personal Health Information Protection Act, 2004 and similar legislation Service Professional physicians are permitted to disclose personal health information about an individual if they have reasonable grounds to believe disclosure is necessary to eliminate or reduce significant risk of serious bodily harm to a person or group of persons.
Your Account, representations, conduct and commitments
You hereby confirm that you are at least 18 years of age and legally able to consent to receive Services, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to Your Account (collectively “Account Access“). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of Your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that We will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use Your Account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Services, are for your own personal use only and that you are not using the Platform or the Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content that may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Service Professionals and us.
If you receive any file from us or from a Service Professional, whether through the Platform or not, you agree to check and scan the file for any virus or malicious software prior to opening or using the file.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) that you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You confirm that you understand and agree that any communications and discussions You may have with attorney Service Professionals are confidential between You and the Service Professional, but We cannot guarantee that such communications and discussions will constitute legally privileged communications or discussions because of the nature in which the Service Professional provides the Services (i.e. facilitated through the Platform).
MODE OF PAYMENT
You acknowledge that payment made by Internet banking/debit card/credit card/mobile wallets (as applicable) wil be in accordance with the prevailing guidelines issued by the Payment Card Industry Security Standards Council including the Payment Card Industry Data Security Standard, the rules promulgated by the Interac Association, and any other governing or regulatory bodies or associations applicable to payment cards as the case may be, including guidelines relating to know-your-customer norms/anti-money laundering and combatting financing of terrorism including the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). Further, We will not be liable for any charges occurring due to dishonouring of payment instructions. It is however, clarified that any amount paid by You towards booking of an appointment with a Service Professional and such appointment being cancelled or the Service Professional failing to attend such appointment, shall be refunded to You.
UNITEDWECARE does not implicitly or explicitly support or endorse the sale or purchase of any Services on the Platform. UNITEDWECARE accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
UNITEDWECARE is not responsible for any non-performance or breach of any contract entered into between You and any Service Professional(s). Your correspondence or dealings with Service Professional(s) found on or through the Platform, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Service Professional(s). UNITEDWECARE cannot and does not guarantee that the concerned User(s) and/or Service Professional (s) will perform any transaction concluded on the Platform. UNITEDWECARE shall not and is not required to mediate or resolve any dispute or disagreement relating to the Services between User(s) or and Service Professional(s).
UNITEDWECARE does not at any point of time during any transaction between User(s) and Service Professional(s) on the Platform (s) come into or take possession of any of the Services offered by Service Professional(s) nor does it at any point gain title to or have any rights or claims over the Services offered by Service Professional(s) and User(s).
At no time shall UNITEDWECARE hold any right, title or interest or any obligations or liabilities in respect of such contract entered into between User(s) and Service Professional(s). UNITEDWECARE is not responsible for unsatisfactory or delayed performance of Services.
UNITEDWECARE solely provides a platform that can be utilized by User(s) to reach a larger base to offer Services and undertake communication. It is agreed that the contract for sale of any of the Services shall be a strictly bipartite contract between the User(s) and Service Professional(s).
You shall independently agree upon the manner and terms and conditions of availing the Service, and the payment towards the Service with the Service Professional (s) You transact with.
INTELLECTUAL PROPERTY RIGHTS (IPR) RESTRICTION
This site is controlled and operated by UNITEDWECARE and Services are rendered by respective Service Professionals. All material on the Platforms, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights thereon. Material on the Platform is solely for Your personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner(s) of such materials, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause and You will be accountable or liable for trademark, copyright and other intellectual property rights infringement or misappropriation.
You confirm and undertake not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. You further agree to indemnify and hold Us, Our directors, employees, affiliates and assigns harmless from all costs, damages, loss, liability and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyright by You or through Your acts or omissions.
We may, in certain exceptional circumstances and at our sole and absolute discretion, refund the amount to You after deducting applicable charges and taxes, if any. Such exceptional circumstances are provided hereinbelow:
In the event of any cancellation of appointments/meetings by a Service Professional or rescheduling of meetings by a Service Professional to a time not suitable for You, then any amount paid for the booking of such appointment/meeting shall be refunded to You. For clarity, UNITEDWECARE shall not be liable to refund any amounts in the event of any unsatisfactory services from a Service Professional.
In the event of any excess payment towards the Services has been made by You due to any technical glitch on the Platform or payment gateway.
Subject to clause 11.1 above, all monies payable to UNITEDWECARE by You(s) on consummated transactions, i.e., exchange of Services for consideration, are final and non-refundable. UNITEDWECARE will not be liable to process the refund of any paid amount in the event of any unsatisfactory services obtained from Service Professional(s).
RELEASE AND LIMITATIONS OF LIABILITY
You agree that Your access to the Platform is voluntary and at Your own risk. We shall under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, bodily injury, death, loss of property) by You or any other person or entity during the course of access to and/or use of the Platform, including claims based on malpractice.
You agree that any claim arising out of Your relationship with Service Professional(s) shall be brought solely against such Service Professional, and neither UNITEDWECARE nor any of its licensors or affiliates shall be named as a party or otherwise included in any such claim.
By accessing the Platform, You hereby release from and agree to indemnify Us, and/or any of Our directors, employees, partners, associates and licensors, against all liability, cost, loss or expense arising out of Your access to the Platform including but not limited to bodily injury and damage to property, whether direct, indirect, consequential, or foreseeable, caused due to any negligent act or omission on their part, or otherwise.
IN NO EVENT SHALL EITHER UNITEDWECARE, ITS DIRECTORS, OFFICERS, AFFILIATES OR PERSONNEL OR ANY SERVICE PROFESSIONAL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR LOSS OF PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW AND DISPUTE RESOLUTION
You shall be responsible for payment of all fees/costs/charges associated with availing of Services from Us and You agree to bear any and all applicable taxes including but not limited to GST/HST, duties, cess etc.
We may be required under applicable law, to notify Users of certain events. You hereby acknowledge and consent that such notices will be effective upon Our posting them on the Platform or delivering them to You through the email address provided by You at the time of registration. You may update Your email address by logging into Your account on the Platform. If You do not provide Us with accurate information, We shall not be held liable for failure to notify You.
We shall not be liable for any delay or failure to perform resulting from causes beyond Our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
We reserve the right to moderate, restrict or ban the use of the Platform, specifically to any User, or generally, in accordance with Our policy/policies amended from time to time, at Our sole and absolute discretion and without any notice.
We may, at Our sole and absolute discretion, permanently close or temporarily suspend any services provided on the Platform.
Unless otherwise explicitly specified, We are not affiliated in any way to and claim no association, in any capacity whatsoever, with any organization, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international.
WE ARE NO WAY, DIRECTLY OR INDIRECTLY RESPONSIBLE FOR THE ADVICE AND ASSISTANCE PROVIDED BY THE SERVICE PROFESSIONALS. WE ARE AN INDEPENDENT THIRD PARTY ENABLER WHO HAVE BUILT AND PROVIDED YOU WITH A PLATFORM WHERE USERS CAN COMMUNICATE WITH, AND IF NEED BE, MEET THE SERVICE PROFESSIONALS. WE DO NOT HAVE ANY CONTROL OVER THE SERVICES PROVIDED BY THE SERVICE PROFESSIONALS, AND THUS, CANNOT BE HELD RESPONSIBLE IN CASE OF ANY ISSUES/DISCREPANCIES WITH THE SERVICES PROVIDED BY THE SERVICE PROFESSIONALS.
The Platform may have multiple Service Professionals for the same practice area and there might be instances wherein a same/similar query has been answered in different ways by the Service Professional(s). We assume no liability in connection with different opinions and answers of the Service Professional(s) and encourage You to obtain a separate independent opinion oralternately decide Yourself which opinion to accept.
To the extent permitted by applicable law, We shall not be responsible or liable for any harm resulting from downloading or accessing any information or material via the Platform. We disclaim any responsibility for any technical glitches on the servers or the technology that underlies Our Platforms, failures by Service Professionals (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage to Our facilities, acts of nature, acts of God, war, civil disturbance, or any other cause beyond Our reasonable control, which affect the functioning of the Platform(s).
Any material accessed, downloaded or otherwise obtained through Us and/or the Platform shall be used or accessed at Your sole discretion and risk. You will be solely responsible for any potential damage to Your computer system/mobile or loss of data that results from a Your download of any such material.
We shall make commercially reasonable efforts to ensure that the Platform and the user experience through it is error-free and secure, however, neither We nor any of Our partners, Service Professional(s) or associates make any warranty that:
The Platforms will meet Users’ requirements;
The Platforms will be uninterrupted, timely, secure, or error free;
The listings on the Platform will be accurate or reliable; and
The quality of Services, information, or other material that Users avail or obtain through the Platform will meet Users’ expectations.
No representation or warranty is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other service professionals. We urge all a Users to make their own independent investigation and evaluation of any Service Professional being considered.
CONTACT AND COMPLAINT
United We Care Corporation, PO Box 2881
Richmond Hill, Ontario
A complaint or concern may also be raised through an email to: email@example.com