BWell Lounge Inc. (“BWell Lounge”, “we,” “us”, or “our”) owns and operates the website available at www.bwell.ca (the “Website”). The Website allows users to access certain therapeutic, holistic, and/or wellness services provided by professionals such as therapists, healthcare providers, and holistic practitioners (each, a “Practitioner”) at BWell Lounge (collectively, the “Services”).
Your use of the Website and our Services is governed by these Terms and Conditions of Use (these “Terms”). For greater clarity, these Terms apply to all users of the Website and/or Services, including Practitioners, and, unless the context indicates otherwise, the terms “user”, “you”, and “your” refers to all users of the Website and/or Services.
The website may be accessed by users of all ages; however, clinical services are provided only in accordance with applicable laws and professional standards. Where services are provided to minors, informed consent from a parent or legal guardian is required and will be collected through Jane.
PLEASE READ THESE TERMS CAREFULLY. OUR PRIVACY POLICY IS INCORPORATED INTO AND FORMS PART OF THESE TERMS. THESE TERMS FORM A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE AND/OR SERVICES. BY USING OUR WEBSITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.
We reserve the right to update, modify, or replace these Terms at any time by posting updates and/or changes to our Website. This includes, but is not limited to, modifying, altering, updating, or adding services from time to time, and working with any new or existing third parties as necessary to provide our Services to you. Your use of the Website will be subject to the then-current version of the Terms and any other policy or guideline posted or referenced on our Website at the time of such use. It is your responsibility to check these Terms from time to time to ensure that you are up to date on any changes which may affect you. Where applicable, we will notify you at your account email address of any material changes to these Terms. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO THE TERMS OR TO ANY UPDATED TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR WEBSITE OR SERVICES.
GENERAL
PRIVACY POLICY
Your privacy is important to us. Our Privacy Policy governs our collection, use, storage, and disclosure of your personal information and is hereby incorporated into and forms part of these Terms. You acknowledge and agree that by providing us with your personal information when you use our Website or Services, or contact us, you consent to the collection, use, retention, and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provided the personal information.
PROVISION OF CARE/SERVICES BY PRACTITIONERS - TERMS AND CONDITIONS
there are certain risks associated with the use of any therapeutic, holistic, and/or wellness services. Your Practitioner will discuss risks with you before providing services. In addition to any risks communicated to you by your Practitioner(s), there are risks unique to virtual or telehealth sessions. For more information about risks of the use of electronic means to transmit and store information, please see our Privacy Policy; and
ACCOUNT REGISTRATION AND SECURITY
You agree to immediately notify us of any unauthorized use of your account and password, or any other breach of security that is suspected, known to you, or is discovered by you. If you believe someone has accessed your user account without your authorization, it is your responsibility to inform us and set up a new password. Please contact us as set out below in Section 25 (Contact Us) to report any actual or suspected unauthorized use of your account.
OWNERSHIP OF THE WEBSITE
Any and all information used or displayed on our Website, including text, graphics, interfaces, designs, files, logos, icons, pictures, illustrations, artwork, trade names, trademarks, service marks, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (“Website Content”), are:
(i)
owned or used under license by us, or we have received authorization from the owners of such rights to use such Website Content; and
(ii)
protected by copyright, trademark, or applicable laws
(i)
copy, modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post, or otherwise use any of the Website Content or underlying ownership rights or copyrights for commercial purposes without our prior written consent; and
(ii)
remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
Certain content of the Website, including, but not limited to, text, graphics, logos, icons, and photographs is owned or provided by third parties (“Third Party Content”). You understand that you have no proprietary rights in the Third Party Content and that each third party retains all proprietary rights, title and interest including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third Party Content without the prior written consent of such third parties.
USE OF THE WEBSITE – SUBMITTED CONTENT AND WAIVER OF MORAL RIGHTS
By submitting, uploading or posting any testimonials, comments, information, reviews, concepts or other material (collectively, "Submitted Content") to the Website or granting any other person including BWell Lounge the right to do so, you hereby grant BWell Lounge and our successors and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, unrestricted license to use, adapt, publish, distribute, translate, reproduce, store, modify, transmit, publicly perform or display and create works derived from or based upon such Submitted Content in any and all media, whether now known or hereafter devised, for any purposes, without any duty to account to you in connection with the any such use or in respect of the Website.
In addition, you irrevocably waive any moral rights as author in respect of such Submitted Content.
If any of the Submitted Content is the property of any third party or any third party having any interests therein, you represent, warrant and covenant to us that you have all rights and permissions necessary to post, upload or submit such Submitted Content to us and to grant license to us and to waive the rights provided for herein.
We may, but have no obligation to, notify you of, monitor, edit, or remove Submitted Content that we determine in our sole discretion to be false, unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any third party’s intellectual property or these Terms.
We make no representations concerning any Submitted Content posted by users through the Website and you hereby release us from all liability relating to such Submitted Content.
PROHIBITED USES
You agree that you shall use the Website only for lawful purposes, and that you will not access or use, or allow others to access or use the Website:
(i)
to use, share, host, copy, distribute, display, publish, download, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including any materials which encourage conduct that would constitute a criminal offence or give rise to civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;
(ii)
to e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotion materials, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or any other form of solicitation;
(iii)
to upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of the computer software or hardware or telecommunications equipment;
(iv)
in any manner which could interfere with or disrupt the Website or networks connected to the Website, including attempting to interfere with the access of or any other use of the host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming” or “crashing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
(v)
to hack or circumvent any system feature including any experimentation, inspection, decrypting, decompiling, disassembling or reverse engineering any portion of the Website for any reason;
(vi)
to obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Website;
(vii)
to modify, adapt, copy, license, distribute, create derivative works from, transfer, sell, reverse engineer, decompile or disassemble any portion of the Website;
(viii)
to collect, use, store or disclose personal information about other users without the consent of the owner of the information;
(ix)
to use or attempt to use another user’s account without authorization from us, or create or use a false identity;
(x)
to solicit others to perform or participate in any unlawful acts;
(xi)
for any purpose that is unlawful, harmful, or otherwise objectionable, including any conduct that would constitute a criminal offence or incur civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable law; or
(xii)
for any purpose other than the purposes outlined in these Terms, without express prior written permission from us.
You agree not to access the Website from any jurisdiction where its use or content is illegal. You agree that BWell Lounge is not responsible for compliance with any foreign laws that may be applicable to the Website or your use of the Website.
MODIFICATIONS TO THE WEBSITE OR SERVICES
THIRD PARTY HYPERLINKS
The Website may contain hyperlinks to websites operated by parties other than us (“Third Party Links”). These hyperlinks do not imply any endorsement by us of or any affiliation with the hyperlinked website. The existence of Third Party Links on our Website is not, does not, and should not be construed as an endorsement or representation by us of any kind and you acknowledge and agree that we are not liable or responsible for them in any way, nor are we responsible or liable, directly or indirectly, for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with any Third Party Links. We also are not responsible for third-party privacy practices or policies, and encourage you to review the third party’s terms, conditions, and privacy practices and policies carefully. Your access and use of Third Party Links, including any information, content, material, products, and services therein, is solely at your own risk.
The BWell Lounge website is provided for informational purposes and to facilitate access to our services. Appointment booking, intake forms, secure communications, and payment processing are conducted through a third-party practice management platform operated by Jane Software Inc. (“Jane”).
By booking services through Jane, you agree to be bound by Jane’s applicable terms, policies, and privacy practices in addition to these Terms of Use. BWell Lounge is not responsible for the content, availability, or functionality of third-party platforms.
DISCLAIMER
you expressly understand and agree that the website, the website content, and third party content are provided on an “as is” and “as available” basis without any representation, warranty, or condition of any kind whatsoever, either express or implied, statutory or otherwise, including but not limited to, the implied representation, warranties or conditions of merchantability, availability of the services, accuracy, fitness for a particular purpose, satisfactory quality, quiet enjoyment, or non-infringement. the website may include inaccuracies or typographical errors. we make, and there are, no representations, warranties, or conditions regarding the website, website content, submitted content, or third party content made available through the website. we specifically disclaim any representation, warranty, or condition as to the suitability, reliability, timeliness, or accuracy of the website content, submitted content, and third party content made available through the website for any purpose whatsoever. furthermore, we make, and there are, no representations, warranties, or conditions:
(i)
that the website or services will meet your requirements or your expectations;
(ii)
that the website or services will be uninterrupted, timely, secure, or error-free; or
(iii)
concerning the results that may be obtained from the use of the website or services.
any website content or third party content downloaded or otherwise obtained through the use of the website is done and used at your risk and you will be solely responsible for any damage to your device and for any loss of data that results from the use of the website content or third party content. no advice or information, whether oral or written, obtained by you from us or through the website shall create any representation or warranty not expressly made herein.
11. EXCLUSION OF LIABILITY
in no event, whether in contract or tort (including negligence), as a result of breach of warranty, strict liability, indemnity, or under any other theory of liability whatsoever, shall bwell lounge or our directors, officers, shareholders, employees, agents, representatives, contractors, consultants, licensors, service providers, or advisors (collectively, “representatives”) be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any nature whatsoever or for damages characterized as loss of profits, loss of income, loss of revenues, loss of anticipated sales, loss of opportunities, business interruption, or failure to realize unexpected savings (even if we have been advised of the possibility of such damages).
for greater certainty, the damages that are excluded under the first paragraph of this section include damages resulting from:
(i)
for greater certainty, the damages that are excluded under the first paragraph of this section include damages resulting from:
your access or use of or the inability to access or use the website, website content, or any third party content or any website to which you hyperlink from the website;
(ii)
any third party claims that the access or use by you of the website, the website content, or the third party content violates any intellectual property or proprietary right;
(iii)
any failure of performance of the website, the website content, or any third party content, whether related to error, omission, interruption, defect, delay in operation or transmissions, computer viruses, or line failure;
(iv)
any delivery, hosting, or ancillary services or facilities of third party providers used by us; or
(v)
any other matters relating to the website, website content, or any third party content
even if we have been advised of the possibility of such damages in advance.
certain jurisdictions may not allow limitations on express or implied representations, warranties, or conditions or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the disclaimers, exclusions, or limitations provided for in these terms of use may not apply to you, and you may have additional rights as provided by law.
INDEMNIFICATION AND RELEASE
You agree to indemnify and hold harmless BWell Lounge and our Representatives from and against any claims, demands, actions, threats, liabilities, losses, judgements, proceedings of any kind, damages, costs, and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from: (i) your use or misuse of the Website, the Website Content, or the Third Party Content; (ii) your violation of these Terms; (iii) your violation of any applicable laws or the rights of a third party; (iv) violation of these Terms by any person using your account; and (v) any actions you take, directly or indirectly, that cause harm or damage to us, our Website, our systems, communications networks and technology, or to any other party. You agree to assist and co-operate as fully as reasonably required by us or our Representatives in the defense of any such claim and demand.
If you have a dispute with one or more users or parties in association with the Website or Services, you release us and our Representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from, or in any way connected with such disputes. For greater certainty, you release us and our Representatives from any and all claims related to Services obtained through the Website, including, but not limited to, claims related to failed transactions, false or misleading representations or advertising by Practitioners, and Services that cause physical or property injury.
13. FEES
BWell Lounge offers a range of therapeutic, holistic, and wellness services. The fees associated with each session will depend on the particular service and Practitioner. All service fees are disclosed at the time of booking and are processed securely through Jane Software Inc. Payment is required in accordance with the selected service and provider.
Refunds, cancellations, rescheduling, and no-show policies are governed by BWell Lounge’s booking and cancellation policies as presented at the time of booking through Jane. Clients are responsible for reviewing and understanding these policies prior to confirming an appointment.
Insurance reimbursement eligibility is determined solely by the client’s insurance provider. BWell Lounge does not guarantee coverage or reimbursement. Please contact us as set out in Section 25 (Contact Us) or visit our booking page to view our rates and packages.
BWell Lounge and our Practitioners each reserve the right to increase or otherwise amend our fees from time to time. We will provide you with notice of any fee change(s) prior to such fee change(s) taking effect whenever possible.
All fees are in Canadian dollars and are subject to applicable taxes.
14. TERMINATION
These Terms are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. We may refuse to grant you access to the Website or Services if you fail to comply with any of these Terms. We reserve the right to terminate or suspend your account and/or use of the Website, Services, or any portion thereof at any time, for any reason, with or without cause. If we terminate your user account and/or access to the Website or Services (or any portion thereof), we will notify you at the then-current email address for you on file with us, if applicable, and you may not try to access the Website again without our prior written approval. Any such termination shall be in addition to and without prejudice to such rights or remedies as may be available to us, including injunction and other civil or equitable remedies of relief.
If these Terms or your permission to use our Website or Services are terminated for any reason, then: (a) these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to, or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.
BWell Lounge may, in its sole discretion, but is under no obligation to, reinstate a suspended or terminated account.
15. SURVIVAL
Any provision of these Terms which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so.
16. APPLICABLE LAW
These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein (excluding any conflict of laws rules or principles). The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising from, connected with, or relating to these Terms, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of such disputes.
17. ENTIRE AGREEMENT
These Terms and Conditions of Use, including our Privacy Policy constitute the entire agreement between us and you in connection with your use of the Website and Services, and supersedes any prior understandings or agreements (whether oral or written), claims, and representations with respect to your use of the Website and Services. These Terms may not be amended or modified by you, except with our prior written consent.
18. ASSIGNMENT
You may not assign or otherwise transfer your rights, duties, or obligations hereunder without our prior written consent.
19. AGENCY
Nothing in these Terms will be construed to constitute any user or similar party as a partner, joint venture, franchisee, employee, agent, or representative of BWell Lounge. No user will have any right to act as an agent of BWell Lounge or create any obligation for or on behalf of BWell Lounge.
20. SEVERABILITY
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and the other provisions of these Terms shall remain in full force and effect.
21. NO WAIVER
We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us against whom such waiver is invoked. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
22. RIGHTS
All rights not expressly granted herein are reserved.
23. INTERPRETATION
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Headings are purely for reference and shall not limit or otherwise affect the meaning of any term or condition. A reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced. Where the context so requires or permits: the terms “hereof”, “hereunder”, and similar expressions refer to these Terms and not to any particular section or other portion hereof; where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”; and words importing the singular include the plural and vice versa and words importing gender include all genders.
24. FORCE MAJEURE
BWell Lounge shall not be liable for delays, suspension, and/or interruption in its provision of the Website or Services that are caused by any event or circumstances beyond BWell Lounge’s reasonable control, including, without limitation, acts of God, acts of government, war, storms, floods, fire, explosions, earthquakes, civil unrest, riots, pandemics, acts of terror, strikes or other labour disruptions, Internet service failures or delays, or the unavailability by third parties of telecommunications or hosting infrastructure or third party websites.
25. CONTACT US
If you have questions or comments about our Website or these Terms, or would like to submit any reports of violations of these Terms, please contact us at: privacy@bwell.ca
