Wellin5 Innovations Inc. Client Terms of Service

Created by Rosette Lontok, Modified on Wed, 8 Nov, 2023 at 4:57 AM by Rosette Lontok


Client Terms

If you are in danger or in a crisis – please do not use this site and please contact the National Canadian Helpline at 1-800-273-8255 or the text line via SMS at: 686868 or call 911 immediately.
  1. Introduction

    1. Wellin5 Innovations Inc. and/or its affiliates (collectively, “Wellin5”, “we”, or “us”) may provide services, including mental health counselling, therapy and other services, products (including software), information and features (collectively, the “Services”) to you though your use of certain technology, products, software, or services of Wellin5, whether tangible or intangible (collectively, the “Wellin5 Platform”).
    2. Please read these terms and conditions (these “User Terms”) carefully. By accessing or using the Wellin5 Platform you agree to be bound by these User Terms. If you do not wish to be bound by these User Terms, you may not access or use Wellin5 Platform.
    3. Wherever used in these User Terms, “User”, “you”, “your”, or similar terms indicates the person or legal entity accessing or using Wellin5 Platform. If you are accessing and using the Wellin5 Platform on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these User Terms.
    4. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. The User is encouraged to review the User Terms whenever the User uses the Wellin5 Platform to make sure that the User understands such terms, including how any personal information the User provides will be used.
    5. Wherever used in these User Terms, “Service Providers”, or similar indicates the counsellors or similar who provide mental health counselling or therapy.
  2. Privacy Policy

    1. Wellin5 is committed to protecting the User’s privacy. By agreeing to these User Terms, you are also agreeing to the terms of the Wellin5 Privacy Policy available at https://wellin5.ca/privacy-policy(the “Privacy Policy”). The Privacy Policy is incorporated into and deemed a part of these User Terms. The same rules that apply regarding changes and revisions of these User Terms also apply to changes and revisions of the Privacy Policy
  3. What is Wellin5?

    1. Wellin5 developed a proprietary software-based online platform hosted at one of the related domains (wellin5.ca, wellin5.com), through which Users are connected via audio/video with Service Providers who are licensed to provide counselling/consultations in one-on-one, group, chat, e-mail, text, and/or any other setting.
  4. Age Requirement for Wellin5

    1. The User agrees that by using any of the services offered by Wellin5, the User is at least 16 years of age, or of legal age in your province/state and country of residence.
    2. Users under the age of 16 must provide Wellin5 with parental consent prior to initiating any counselling services on the platform.
  5. Service Facilitators

    1. Wellin5 does not offer mental health counselling or consultations in its own direction. Wellin5 is simply the facilitator enacting as a medium or channel to connect Service Providers with Users.
  6. Definition of Service

    1. Wellin5 enables Users to (a) communicate with Service Provider(s) and other users of a group, and (b) pay for services provided by such Service Providers.
    2. Wellin5 makes no representation or warranty whatsoever as to (a) the willingness or ability of any Service Provider to give advice, (b) whether the User shall find the advice given by a Service Provider satisfactory, (c) whether the advice of the Service Provider will provide an adequate solution to the User’s question, or (d) whether the service will otherwise be suitable to the User’s needs.
    3. Wellin5 makes reasonable efforts to verify the skills, degrees, qualifications, credentials, or background of any Service Providers. However, Users are encouraged to independently verify the skills, degrees, qualifications, credentials, and background of any Service Provider from whom the User receives or contemplates receiving services.
    4. Wellin5 does not refer, endorse, recommend, verify, evaluate, or guarantee any advice, information, or other services provided by any Service Providers and nothing shall be considered as a referral, endorsement, recommendation, or guarantee by Wellin5 in any way, form, or shape.
    5. Wellin5 does not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by its Service Providers or any advice provided, including any information contained in any Service Provider’s listing.
    6. Wellin5 will not be liable for any damages sustained due to reliance by a User on such information or advice provided by any Service Provider.
  7. Hours of Service

    1. Wellin5 is a 24-hour service. This means that payments and bookings can be made online at any time. Sessions can be booked for any time in the 24-hour day if the time slot has not already been filled. Should the User require any technical support, the User can contact us via the “Contact Us” on our website.
  8. Session

    1. Wellin5 believes in maintaining the Client’s counsellor preference if the Counsellor(s) is available. This will save the Client time from repeatedly sharing their background to a new Counsellor. However, if the Client chooses to change a Counsellor, they can choose to do so by providing a written request via email or help chat. Once a client request has been received, we will connect them with the new counsellor and the client will need to re-start the counselling process. This is to prevent sharing of any information due to privacy and confidentiality reasons.
    2. On one or more occasions we may contact you via e-mail or SMS text message to provide important information, alerts, notifications and suggestions related to your account and the provision of the Services to you. These communications may include without limitation notifications regarding session confirmations, session cancellations, upcoming session reminders and a notice of a session request being declined by a counsellor. By using the Wellin5 Platform, you expressly consent to the provision of these communications to you. In the event that you unsubscribe or otherwise decline to receive all or any portion of these communications, Wellin5 does not have any obligation to provide such communications to you by alternative means and Wellin5 will not be responsible or liable to you for any expenses, losses or damages arising from or in any way related to your failure to receive such communications.
  9. Electronic Mail Consent

    1. By agreeing to our terms and conditions you consent to Wellin5 sending electronic mail (email) to you and receiving email from you. This includes but is not limited to: Nurture Campaigns, updates, newsletters, help chat, and communications from Counsellors and Wellin5. You release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer. In accordance with Canadian Anti-Spam Legislation (CASL) at any time should you wish to unsubscribe from our emails you can do so by clicking unsubscribe on the bottom of our correspondence.

  10. Wellin5 Fees

    1. Wellin5 processes payments in real-time/instantly when a client books a session through a third-party payment processor called “Payfirma”. In case of any delay or problem with a payment method, Wellin5 will attempt to complete the payment within seven (7) working days from the execution date of each Client fee transaction.
    2. Wellin5 requires all Users to report to Wellin5 in the case that they have been asked to pay directly or billed directly by a Service Provider (i.e., not through Wellin5). Such reports should include a description of the service including date, time of the session, Service Provider Name, and the price charged.
    3. Wellin5’s billing system is not fault-free or flexible; therefore, Wellin5 shall not be liable for any problems, miscalculations, or malfunctions in processing the payments owed by the User. If the User thinks that a mistake has occurred or there was an overcharge for the session by error or technical glitch, then the User may send their concern to contact@wellin5.com with the transaction details such as amount, date, time, user name and email on file. Once the issue is verified we will either adjust your account balance accordingly or process a refund of the payment made.
    4. Wellin5 reserves the right to change the price of any Products/Services at any time and will notify you by email at least 30 days before the change. If you don't agree to the changes, you must cancel and stop using the Products/Services before the price change takes effect.
  11. Subscriptions

    1. All subscription credits are subject to expire within 30 days of initial purchase. Subscription credits not used within this time frame cannot be extended and will not be applicable for a refund.

    2. If your counsellor leaves the platform you will be notified and your subscription credits can be used with your new counsellor until their expiry date.

    3. If you choose to cancel your subscription service, your unused sessions will still be available until their expiry date.

    4. Subscription credits are non-transferable.

  12. Personal Usage Payments (Non-EAP Covered Payments or Self Payments)

    1. The User agrees that payment is to be made via Payfirma, this is Wellin5’s preferred payment gateway. The User does not need to have a Payfirma account to make payment as all major credit and visa debit cards are accepted via Payfirma.
    2. The User also realizes that Payfirma is a secure third-party online payment processor that is integrated within Wellin5 and is used to process any payments from credit cards, bank accounts and/or any other. Payfirma processes all of our payments and is PCI compliant with the assurance that your financial data is secure and encrypted. We as a company do not store any credit card information, recurring subscriptions, or any other financial information in our system.
    3. The processing of the User's financial information occurs through Payfirma and the User hereby agrees that in case of any breach, failed transactions, or repeated or accidental charges that occur while processing the payment, the User will resolve these issues directly with Payfirma. If there is a malfunction, error, or glitch that occurs on the Wellin5 platform then you can email us at contact@wellin5.com with the exact details of the transaction. Once verified we will make corrections to your account balance accordingly.
  13. Chargebacks

    1. When you use your credit card to pay for any of the services on the Wellin5 platform, you agree to not misuse the chargeback option from your credit card company or Payfirma. If you have rightfully received the service you opted for on Wellin5 and later decide to contact your credit card company or Payfirma to file a false claim (ie. you did not receive the service you opted for) this could lead to the termination of your membership with Wellin5. This type of false chargeback requires a payment reversal for our Service Providers as well as the incurrence of additional Payfirma fees.
    2. We do our best to provide excellent customer service within our terms and encourage you to contact us and follow our cancellation and refunds procedure discussed below.
  14. Cancellations & Refunds

    1. To cancel a session and request a refund, you are required to give us 24 hours notifications prior to the time of the start of the session. If your cancellation is 24 hours prior to your appointment, the system will automatically refund the session credits back to your account balance and you will be notified. If within 24hrs, you will receive a notification that your cancellation is not 24 hours prior to your appointment and your session credit will be forfeited without any refund or rebooking option. If you are not able to provide 24 hours notice for a cancellation due to a medical or family emergency or a natural calamity) please send us an email after canceling your session by going to “Contact Us” at contact@wellin5.ca. Include an in-depth explanation of the situation and the session details. Once we have received the request, we will process it within 3-5 business days depending on the number of cases before you and will notify you of the outcome. You understand and agree that the final decision will lie at the sole discretion of Wellin5.
    2. All subscription credits are subject to expire within 30 days of initial purchase. Subscription credits not used within this time frame cannot be extended and will not be applicable for a  refund.
    3. Discounted Packages - All services purchased on sale or at a discounted rate are final. Sale service purchases are non-refundable, or non-transferable.
  15. Client Punctuality

    1. We request that the User is available for their session at the appointed time.
    2. The Wellin5 system is computerized and all online video sessions start at the exact agreed upon time. If you arrive more than 10 minutes into the counselling session, and your Service Provider has already left the session and reported as such then this late arrival will be considered a “No-Show” and your payment will not be eligible for a refund. It is important that you arrive on time and join at the agreed upon start time of the booked session.
  16. User information, name and password

    1. When the User creates, and opens an account with Wellin5, the User will be asked to provide an email address and password. The User is responsible for maintaining the confidentiality of their registered email, password, and any other security information related to the User account.
    2. The User will be fully responsible for all activities that occur under the User account, email, or password. The User may not use the account, email, or password of another person or entity at any time. The User will immediately notify Wellin5 of any unauthorized use of the User’s email, password or any other breach of security.
    3. Wellin5 encourages the User to change their password through “Forgot Password” at least once per month or every two weeks. Wellin5 will not be liable for any loss that the User incurs as a result of another person or entity using the User’s account or the User’s password, either with or without the User’s knowledge. The User may be held liable for any losses incurred by Wellin5 due to another person or entity’s use of the User account or password.
    4. Wellin5 may, in appropriate circumstances and at its discretion, terminate the account or access of Users who infringe the intellectual property rights of Wellin5.
  17. Access to Wellin5 services as an employee

    1. If you are an employee of a company and using any of the Wellin5 counselling services or other services as part of your Employee Assistance Program (EAP) or Employee Benefits Package, you understand and agree to these User Terms.
    2. You also agree that in any case of conflict between you and your employer regarding the use of your employee benefits or any other issue, we as a company will maintain employer neutrality and will not testify in any way or be involved in the matter unless forced by law to testify.
  18. Healthcare coverage

    1. If you do not have coverage for Wellin5's services, provided through your Employee Benefit Plan or medical insurance and would like to cover your payments through your provincial medical coverage plans such as the British Columbia’s provincial Medical Service Plan (MSP) or any other provincially-funded plan, please note that mental health counselling generally is not covered under any government medical plans unless recommended by a health authority, your family physician, psychiatrist, or a healthcare facility such as a hospital or other care facility. Please contact your medical professional for more information regarding how your cost can be covered.
  19. Personally covering your costs

    1. If you are not eligible to cover the cost of counselling through your employee benefits package/insurance company or in certain cases, your provincial healthcare plan, then you may directly cover the cost of any of our services personally through self-paying options with a major credit card or visa debit card. You may also do so if you have used the number of sessions allotted by your employer under your benefit plan. To make payments for selected services and sessions, you can pay directly using your credit card via Payfirma. With this option, none of your information is shared with prospective employers or a healthcare facility unless you request us to do so, or if we are forced by law.
  20. Software/hardware requirements

    1. By opening a User account, you agree and understand that it is your responsibility to maintain and ensure relevant software/hardware such as downloading the correct internet browser – Google Chrome, Mozilla Firefox, Microsoft Edge, Safari (for Apple or Iphone users) as well as installing and connecting the relevant audio/video software/hardware (such as microphone and webcam) on your PC/mobile device. It is your responsibility to ensure that the relevant software/hardware is properly functioning at the time of counselling as this may affect the quality of the sessions delivered. You agree and understand that there are many factors involved with online counselling such as equipment speed, network connection, and software/hardware which could result in a poor counselling experience. Our goal is to provide you with the best counselling experience, however, we cannot be held responsible for factors that are beyond our control. There are no refunds in these cases and failure to maintain your software/hardware on your part may result in a poor counselling experience and/or incurring the full payment of the session.
    2. Exceptions for a refund can be made in case of unexpected failures and will be made on a case-by-case basis based on the sole discretion of the company.
  21. User access to services

    1. You as a User understand and agree that when you access the Services and the Wellin5 Platform, it is your responsibility to find a private location such as a closed room or office to conduct your session. If you do access this service in a public place it is possible that some of the information/conversations might be accessible or overhead by another individual and could result in a breach of your privacy. It is also possible that your data might be accessible in the case that your laptop, phone, or any other mobile device is stolen, misplaced or lost.
    2. You hereby agree that you will take full measure to protect your information and privacy and Wellin5 will not be in any way be held liable for your failure to comply with the suggested measures.
  22. User responsibility with due diligence

    1. By agreeing to these User Terms the User agrees to take full responsibility to do their due diligence to find out if accessing such online services from within the place of use (e.g., province/state or from a different province/state/country) is both legal and allowed, and that there are no restrictions from either a regulatory/government body in the province/state and or country of the location of use. The User indemnifies Wellin5 from any legal proceedings that may occur as a result of the User’s negligence in this regard.
  23. Laws of the place of use of site regarding insurance coverage

    1. By agreeing to these User Terms the User agrees to take full responsibility to do their due diligence to find out if accessing such online services from within the place of use (e.g. province/state or from a different province/state/country) is covered by your relevant medical insurance provider. If you do not have medical or liability insurance coverage, you are still welcome to use the service if you are willing to pay for the accessed services through a valid credit or visa debit card via Payfirma. Upon the end of every session, the user will be provided with the receipt of the session which may be used for reimbursement from your insurance provider. The User further agrees that the User indemnifies Wellin5 and its legal entity Wellin5 Innovations Inc. from any legal proceedings that may occur as a result of the User’s negligence in this regard.
  24. No suicide prevention

    1. By signing up for the Wellin5 Platform, the User agrees and understands that our services are not a suicide prevention line. The User must immediately call the emergency service number or call the “Suicide Prevention Line” in the User’s province/state and country of residence if the user is thinking about suicide; if the User is considering taking actions that may cause harm to the User or to others; if the User feels that they or any other person may be in any danger or if the User has any medical emergency. If the user is in danger or in a crisis – please do not use this site and please contact the National Canadian Helpline at 1-800-273-8255 or the text line via SMS at: 686868 or call 911 immediately.
  25. Serious health issues

    1. The User acknowledges, confirms, and agrees that the Wellin5 Platform is not designed for use in instances of serious health and wellness issues related to the areas of mental health and dietary consultations, advice, and drug therapy, diagnosis, treatment, or any suicide prevention. The User further agrees that upon signing up the User indemnifies Wellin5, its officers, employees, and its independent contractors or anyone else that is associated with us of any responsibility for the User’s actions and or decisions. The User fully understands and fully assumes the responsibility of the User’s own actions and or decisions.
  26. Limits on use of content

    1. The User may browse the Wellin5 Platform. However, the User may not copy, take screenshots, distribute, modify, transmit or revise the contents of the Wellin5 Platform without written permission from Wellin5. Neither title nor intellectual property rights are transferred to any third party through the use or access to this site; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of Wellin5.
  27. User responsibility for all posts and content

    1. Neither Wellin5 nor its affiliates are under any obligation to respond to messages posted to this site or to provide any compensation for any such communication. If the User posts any information or material to this website, the User is responsible for such information or material and the consequences of their posting. If the User chooses to post material, the User agrees to do so solely for lawful purposes and in compliance with all applicable laws.
    2. While we will make all efforts to monitor and omit any material, posts, or any other engagements that are against our guidelines. The User expressly agrees that we do not have full control over the information, creations, data, or material the User may post to this website.
    3. We rely on shared responsibility with Users to notify us immediately of anything suspicious, fraudulent, or similar. If notified by one of our Users that any material is alleged not to conform to these User Terms, we may investigate the allegation and determine at our sole discretion to remove or request the removal of the material.
    4. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these User Terms. We also reserve the right to edit or delete any material posted or shared on the Wellin5 Platform that violates these standards for content and/or does not comply with other terms and conditions. We have no liability or responsibility to the User or any other person or entity for performance or nonperformance of the screening activities set forth above.
    5. We further do not represent, warrant, or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the website. We also do not endorse any opinions expressed by others on the website. The User acknowledges that any reliance on content posted by others on the website, and the User’s use of that content, is at the User’s own risk.
  28. Forbidden material

    1. All Users expressly agree not to post, chat, participate in or display any material on Wellin5’s systems that: is defamatory, libellous, abusive, or obscene, including, without limitation, material that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; Infringes on the copyrighted material that belongs to Wellin5, its system, design, trademarks, graphics or any other proprietary right of a third party; Would invade the privacy of any other person; Is intended to advertise to or solicit others without our express permission; Constitutes charity solicitations, chain letters, or pyramid schemes; Contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or Does not generally pertain to the designated topic or theme of the website. The User further expressly agrees that they will not: After receiving a warning, continue to post material which we have advised the User not to post; Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; Post, generate, or disseminate so-called "spam" or mass-mailings; Harvest or otherwise collect information about others, including email addresses, without their consent; Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks); Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; Interfere with another User’s use and enjoyment of the Wellin5 Platform, or Join or post if the User is younger than 19 years old.
  29. Online chat

    1. The User agrees that during the text chat on the Wellin5 Platform during audio/video or any other type of session, the User will follow our code of conduct and/or any other specific guidelines given by the Service Provider. The User further expressly agree that the User: Will not use offensive language, be rude, use hate speech, harass, or spam other Users; Will not engage in selling, solicitation, advertisement, or promotion of any products or services without the prior permission from Wellin5 on the network; Will not upload copyrighted or illegal materials that do not belong to the User; Will not upload pictures of nudity, sexual content, violence, or weapons; and Will keep all conversations, chats, sessions, through audio/video private and confidential and will not record in part or full any part of the sessions through any recording device of any type; Will abide by code of conduct that requires respectful participation and engagement in discussions, chat, and other conversation depending on the plan selected by the user for their own benefit. If there is an issue the User would like to report please flag the content or action, and send a message to us via the contact us section. Please note that while Wellin5 has no obligation to delete content that the User finds personally objectionable or offensive, we will do our best to address any problems that may arise.
    2. When there is a violation of our guidelines above, we may do any of the following: Provide a warning to the offender; Delete some or all of the content; and/or Temporarily or permanently terminate the offending member’s account.
    3. We have the right at our sole discretion to remove any content that we feel in our judgement does not comply with these User Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If the User posts content that we choose to remove, the User hereby consents to such removal and consents to waive any claim against us.
  30. Service provider due diligence

    1. Wellin5 conducts all of its efforts with due diligence allowing only certified, licensed Service Providers, and who have cleared a criminal background check to join our platform as a Service Provider in order to safeguard our Users and provide quality service. All our Service Providers are either licensed in their field of the profession by a regulated or non-regulated governing body or association in their province or state of residence and a license number issued by provincial/state in their respective governing body allowing them to practice and provide relevant services.
    2. Wellin5 does not guarantee the quality of service by Service Providers and the results could vary depending on the service accessed a User’s individual situation, or the User’s participation. Therefore, users are encouraged to do their own due diligence before taking any services from any of our service providers. Wellin5 assumes no responsibility if the User’s desired results are not achieved.
  31. Independent contractor relationship

    1. The User agrees and understands that the existing relationship between Wellin5 and its Service Providers is that of an independent contractor. Accordingly, the Service Providers have agreed to maintain an active license or other valid credentials from an applicable state, provincial, national, or international regulatory body or an independent association or organization with good standing, in accordance with the Service Provider’s area of expertise.
    2. All Service Providers also agree and are required to keep us notified of any status update or changes related to their certification, licensing, liability or any other that can impact providing of services legally in their profession. Upon receiving any such notifications in which they are not able to deliver their services we may place their membership on hold and/or terminate their membership from our system, which will result in discontinuation of services to any of our Users.
  32. Professional code of conduct

    1. All of our Service Providers are required to adhere to the same professional code of conduct, ethics, and confidentiality as they adhere to in their own professional in-person practices.
    2. At any time, if the user feels that a Service Provider has breached their professional code of conduct, ethics, and confidentiality during one of the User’s sessions or while communicating through any of the means via the platform, the User is encouraged to address the User’s concern directly with such Service Provider.
    3. If for some reason, the User’s concern cannot be resolved, the User can contact us at contact@wellin5.com and we will investigate the incident. We can act as a mediator and/or may take disciplinary action such as placing a membership on hold or terminating membership upon proof of the breach of conduct if deemed necessary. You realize and agree that Wellin5 will not be responsible in any way for any liability, fines, or any other form of reimbursements in any judicial court.
    4. In the event of any breach of the professional code of conduct, ethics, and confidentiality on the part of the Service Provider, the User hereby releases Wellin5 and the owners of any external websites linked to Wellin5’s system from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs, or expenses, including but not limited to, court costs and attorney’s fees.
  33. Service Provider Liability

    1. Wellin5 does not hire or employ our Service Providers. Our Service Providers are independent contractors. We make no representation or warranty whatsoever as to the willingness of a Service Provider to give advice. We make no representation or warranty whatsoever as to whether the User will find the Wellin5 Platform helpful.
    2. Any advice, counselling, consulting, or anything of that nature offered via our platform is being offered by Service Providers that are authorized by the applicable regulating/non-regulated governing bodies in British Columbia and/or in their province/state of residence. Wellin5 does not manipulate, change, or modify any advice, coaching, counselling, consulting, or anything of that nature offered via our platform in any way, shape, or form.
    3. Upon any liability claim or dispute between a User and any of the Service Providers, Wellin5 will only act as a facilitator unless the issue arose due to the mishandling of information transferred or shared through our platform or in the case of a technical issue or malfunction due to hacking, a technical glitch, or any other similar issue in which case the company shall try its best to solve or remedy the problem by performing one of the following: (a) fixing the issue, (b) providing a full refund for the session, or (c) providing credits for future services.
    4. Wellin5 will incur no liability if a User’s or Service Provider’s connection with the Services becomes unavailable due to disconnection from their internet, browser, computer or mobile device-related technical issues. It is the duty of the participating User and Service Provider to test the capability of their computer system, internet connection, and to check for any other network issue prior to their sessions. Wellin5 does not accept any liability for any injury, loss, costs, damage, or false information provided by a Service Provider’s counselling or therapy, including those from external websites linked to the Wellin5 Platform.
    5. Wellin5 disclaims all responsibility for a User's computer system, software data, or any technical issues experienced in connection with Wellin5’s systems. Wellin5 holds no liability in regards to any computer viruses or computer corruption caused to any individual User’s computer or any User device such as cell phones, tablets, and other hand-held devices used to connect to Wellin5.
  34. Interactions with service provider

    1. Wellin5 is not involved in any way with the advice or information given to a User by a Service Provider, and Wellin5 does not validate the information or advice provided to a User by a Service Provider.
    2. We perform all validation checks on all our Service Providers and encourage all our users to check the certification and/or licensing of the mental health or any other Service Provider if they are unsure about their credibility, with the applicable provincial or state licensing board or authorities in the Service Provider’s province/state or country.
    3. The User acknowledges that no Service Provider(s), and no employees or agents of Wellin5, assumes any responsibility for any act or omission of the work done either through or on the Wellin5 Platform.
    4. The User understands and agrees that, although a Service Provider may have been accessed through the Wellin5’s system, Wellin5 cannot predict or assess the competence of, or appropriateness for the User’s needs, of the Service Provider. The User also understands that the User takes full responsibility for the decision to access a Service Provider through the site and to continue to interact with the Service Provider of their choice and that the role of Wellin5 is strictly limited to providing access to such Service Providers and their services for the User`s consideration.
    5. Notwithstanding section 43.3, any legal proceedings commenced by a User or a Service Provider in connection with a dispute between a User and a Service Provider will occur exclusively in the courts located in the province or state in which such Service Provider then resides, and the User irrevocably attorns to such jurisdiction in respect thereof.
  35. Content of services

    1. Wellin5 does not warrant the validity, accuracy, or availability of the content and professional advice provided and it will not be liable for any damages sustained by the User due to reliance on such information or advice.
    2. The information furnished by the Service Providers is intended for general reference purpose only. The consultation with Service Providers via Wellin5 cannot and does not replace an in-person meeting with a Service Provider. The User is encouraged to verify the information furnished by Service Providers. Any information on Wellin5 and information furnished by Service Providers are not intended to offer a solution for a specific problem and must be considered general in nature. Any reliance on such information is done at the User’s full and sole liability.
  36. Limitations on liability; medical liability

    1. Wellin5's Services are for informational and educational purposes only and are not intended to be a substitute for medical advice, diagnosis or treatment.
    2. The User is to use their sole discretion before using Wellin5's Services. Wellin5 does not offer or give medical advice. We do not provide medical or diagnostic services. The User should not act upon counselling recommendations without seeking professional advice and counsel.
  37. Diagnosis disclaimer

    1. The site is not intended for the diagnosis, including information regarding which drugs, treatment, and precautions may be appropriate for the User, and the User should disregard any such drug treatment advice if delivered through the site or any Service Providers. Please notify us of any such practice immediately via the contact us section.
    2. The User is advised to exercise a high level of care and caution in the use of the Services.
    3. The User agrees, confirms and acknowledges that you are aware of the fact that Wellin5's Services are not in any way a substitute for an in-person session by a licensed qualified counsellor or any other Service Provider. The User should never rely on or make health or well-being decisions purely on the use of Wellin5's Services. Furthermore, if in doubt or unsure, we strongly recommend that the User considering use Wellin5's Services, contact their family doctor, health care and/or any other applicable service provider or book an in-person consultation before using any of Wellin5's Services.
    4. Never disregard, avoid, or delay in obtaining medical advice from your doctor or another qualified healthcare professional, dietitian, counsellor, counsellor, psychologist, adviser, coach, mentor, consultant or any other professional, by face-to-face appointment, because of information or advice which you received through wellin5.ca.
  38. Endorsements

    1. Wellin5 does not endorse or recommend any Service Provider(s) on the site. It is the intent of Wellin5 to create an informational website and related systems. Any statements made by Wellin5 about endorsed products/services have not been evaluated by any health agencies or similar organizations.
  39. Hyperlinks

    1. Any link (including a hyperlink, button or referral device of any kind) used on the Wellin5 Platform is provided for the User’s use and convenience. The appearance of a link on Wellin5’s systems does not constitute an endorsement, recommendation, or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us.
    2. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents.
    3. The User’s use of third-party websites is at the User’s own risk and subject to the terms and conditions for such websites.
  40. Advertising and promotion

    1. A promotion advertised on the Wellin5 website site is subject to availability and is not an indication of availability. In particular, Wellin5 reserves the right to amend, modify, extend, or cancel a promotion without advance notice to the public. Wellin5 reserves the right to reject, approve or remove any advertising from the site at our sole discretion, including ads that negatively affect our Users or that promote content contrary to our philosophy.
  41. Disputes and user risk: limitations on liability

    1. The User acknowledges and agrees that the Wellin5 Platform is provided “as is”, and therefore the User will not have any claim or demand vis-a-vis Wellin5 in respect to the Services, properties, limitations, or compatibility with the User’s needs.
    2. The use of Wellin5 is at the User’s sole risk. To the fullest extent of the law, Wellin5 expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.
    3. Under no circumstances will Wellin5, or its affiliates, and its and their respective officers, directors, shareholders, employees, subcontractors, independent contractors, and agents, be liable to any User for any indirect, incidental, consequential, special, punitive, or exemplary damages (including but not limited to loss of business, revenue, profits, use, data, or another economic advantage) however it arises, whether in the action of contract, negligence, or other tortious action, or arising from the services or any provision of these User Terms.
    4. Wellin5, its affiliates, and its and their respective counsellors, officers, directors, shareholders, employees, sub-contractors, independent contractors, and agents’ aggregate liability for direct damages arising with respect to these User Terms will not exceed the total amount of money paid by the User to any of the Service Providers through Wellin5 in the one-month period prior to the date the claim arose.
    5. The User acknowledges and agrees that Wellin5 disclaims any liability with respect to any claim, suit or action brought by them. In connection with payment for services by the User, the User agrees to indemnify and hold Wellin5 harmless in connection with any such claim.
    6. In the event of a dispute regarding any transaction conducted through Wellin5, the User hereby relieves Wellin5, its affiliates, and its and their respective officers, directors, shareholders, employees, sub-contractors, independent contractors, and agents from all manner of actions, claims, or demands and from any and all losses (direct, indirect, incidental, or consequential), damages, costs, or expenses, including, without limitation, court costs and attorneys` fees, which the User may have against one or more of the above.
  42. Foreign jurisdiction

    1. If you use the Wellin5 Platform and/or the Services from another country, state, or province other than the countries, states, or provinces where the Wellin5 Platform is currently located, it is your responsibility to ensure you are legally able to do so. You acknowledge and agree not to use the Wellin5 Platform if doing so would contravene the laws and regulations of your jurisdiction. You understand that we may not be complying with the healthcare regulations of your country, state, or province and you realize that all User data is stored in Canada. Additionally, by agreeing to our terms you agree and understand that your selected Service Provider's liability insurance and/or our liability insurance may not cover you in case of any breach of terms between you and your Service Provider, or you and us as a company. You also understand that receipts issued at the end of your session may not be covered for any reimbursement by your employee or healthcare service provider. By agreeing to use the Wellin5 Platform, you are choosing to indemnify Wellin5 and are doing so at your own risk.
  43. Arbitration

    1. The User agrees that any claim or dispute related to the use of the Services, including online counselling, coaching, advising, consulting, or any other similar service and whether related to these User Terms or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the Canadian Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgement in any court in the province of British Columbia in Canada.
  44. Notice

    1. Any notice or other communication to be given hereunder will be in writing and given post-paid registered or certified mail, return receipt requested, or electronic transmission. The date of receipt shall be deemed the date on which such notice is given.
  45. Legal limitations of agreement

    1. Nothing in these User Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
    2. Subject to section 32.5, these User Terms and the interactions contemplated herein shall be interpreted only in accordance with the laws of the Province of British Columbia, Canada and any legal proceeding arising out of these User Terms or the User’s use of the Services and systems will occur exclusively in the courts located in the Province of British Columbia.
    3. These User Terms and the interactions contemplated herein shall be interpreted only in accordance with the laws of the province of British Columbia, Canada and any legal proceeding arising out these User Terms or the User’s use of the Services and systems will occur exclusively in the courts located in British Columbia.
    4. These User Terms will be binding and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto.
    5. The Services are not open to users who live in a country that is prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the Canada.
  46. Business Associate Agreement

    Wellin5 (its parent company and/or subsidiary) may receive, from time to time, PHI from Covered Entities, and User (if User is providing services to Wellin5) shall be deemed a Business Associate under HIPAA, and each Party shall comply with the Party’s respective obligations under HIPAA. Without limiting the foregoing, each Party shall execute (or has executed) a Business Associate Agreement, which shall be incorporated herein by reference (the "BAA"). PHI may be accessed or stored outside the United States and/or Canada in accordance with the provisions set forth in the BAA.

  47. Violation

    1. The User may report any violation of these User Terms by contacting our Client Support at contact@wellin5.ca. Wellin5 is a copyright protected site and patent pending. All rights reserved.
  48. Legal agreement

    1. By registering as a User or logging in and checking the "I agree to the User Terms of Service and Privacy Policy” box the User is agreeing to these User Terms and our Privacy Policy
    2. This is a binding agreement between the User and Wellin5. The User should therefore read these User Terms carefully.

Last updated November 7th, 2023

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