These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), constitute a legally binding agreement between you and WELL Health Technologies Corp., its subsidiaries and affiliates (collectively, “WELL”) regarding your rights and responsibilities as a user (“User”) of the wellchoice.ca (“Site”). In this Agreement, the terms “we”, “our” and “us” refer to WELL and the terms “you” and “your” refers to a User.
Your visit to the Site constitutes your acceptance of the Agreement. Therefore, please take the time to review them carefully. You should also read WELLChoice’s privacy policy (“Privacy Policy”), which is incorporated by reference into the terms of use.
If you do not agree with some or all of these terms, do not access or use the Site.
1. Use and Accuracy of Information
The Site is provided for general information only. Although WELL uses reasonable commercial efforts to ensure that the information contained on the Site is accurate, WELL does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Site.
2. Availability
WELL may change, suspend, or discontinue the Site, or any part of it, at any time without notice.
3. Informational Content; No Medical Advice
The Site may include general health, wellness, longevity, educational, or other informational content, including articles, blogs, media, or other content from healthcare professionals or other contributors. This content is provided for general informational purposes only and is not intended to convey medical advice, diagnosis, treatment, or professional healthcare recommendations. You should not rely on any content on the Site as a substitute for advice from a qualified healthcare professional. If you have questions about a medical issue, please contact a qualified healthcare professional. If you are experiencing a medical emergency or require immediate assistance, contact emergency services or go to your nearest emergency department.
4. Privacy Policy
You understand and acknowledge that your use of the Site is also governed by our Privacy Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third-parties in accordance with the terms of and for the purposes set forth in our Privacy Policy.
5. Ownership
Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
These Terms provide only a limited license to access and use the Site. Accordingly, WELL does not transfer any ownership or intellectual property interest or title in and to the Site to you or anyone else in connection with your use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, the “Materials”) are exclusively owned, controlled, or licensed by WELL. WELL, WELL Health, WELLChoice, and all other names, logos, marks, and icons identifying WELL and its products, or services are owned exclusively by WELL, and any use of such marks without the prior express written permission of WELL is hereby expressly prohibited. Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties. No part of the Site will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. The Materials may be protected under copyright, trademark and other laws of Canada and other countries, and WELL owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
6. Information You Submit
If you submit information through the Site, you represent that the information you provide is accurate and that you have the right to provide it. You agree not to submit information or materials that are unlawful, misleading, infringing, harmful, or that contain malicious code.
7. Links
The Site may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by WELL of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof, are at your own risk.
8. Errors and Inaccuracies; Corrections
The Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
The Site and the Materials are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by WELL. TO THE FULL EXTENT PERMITTED BY LAW, WELL AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF WELL DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Site and the Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Site, or inability to do any of the foregoing.
9. Limitation of Liability
Your use of the Site and the Materials is undertaken at your own risk. Under no circumstances will WELL or any directors, officers, employees, agents, contractors and suppliers of WELL, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site and the Materials, your reliance on the Site and the Materials or any consequences flowing therefrom. WELL is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site, the Materials or with this Agreement, your sole and exclusive remedy is to discontinue using the Site or the Materials, as applicable.
10. Indemnification
You agree to indemnify and save harmless WELL and all directors, officers, employees, agents, contractors and suppliers of WELL (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site or the Materials or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Site.
11. Governing Law and Courts
This Agreement and your use of the Site will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Site will be deemed solely based in the Province of British Columbia, Canada; and that the Site will be deemed to be passive in nature and not giving rise to personal jurisdiction over WELL in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Site or this Agreement. However, you agree that nothing herein precludes WELL’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
12. Severability; Waiver
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
13. Survival
The provisions of Sections 1, 2 and 4-15 will survive termination of the Agreement, howsoever occasioned.
14. Non-Assignment
This Agreement is between you and WELL and is not assignable or transferable excect with the express written consent of WELL, which may be unreasonably withheld. WELL may assign or transfer any of its rights or obligations within this Agreement without your consent.
15. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
16. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Site and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time, effective as of the date of the change and apply to your use of the Site. We will notify you of any changes to this Agreement by posting notice of such changes on the Site, but you should also periodically review this Agreement as you use the Site. You agree that we have this right, and that your continued use of the Site following notice of such change means that you agree to and accept the amendments.
Questions about the Site, or regarding your rights and responsibilities under this Agreement, can be directed privacy@well.company.
Last modified: May 6, 2026