Terms of Use

WelChek Inc.

Terms of Use – For Users/Clients/Providers

 

 

IMPORTANT:  If you are experiencing what you believe is a medical emergency, you should call 911 or go to the nearest hospital emergency department immediately, as WelChek does not arrange for emergency medical services.   The website and/or mobile app are not to be used as a substitute for obtaining emergency medical services. 

 

Welcome and Instructions

Thank you for visiting the WelChek Inc. (“WelChek”) website and/or mobile app (the “Site”).Please read these Terms of Use (”Terms”) carefully before using this Site. By using and/or visiting this Site, you signify your acceptance and acknowledgement of both these the Terms of Use and to the terms and conditions of the WelChek Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, and to the Privacy Policy, you should immediately cease all use of and access to the Site.

 

General Terms

You agree to these Terms when you as a “User” and/or “Client” use this Site in order to access various services (“Services”) which are provided by independent contractors (“Provider” or “Providers”), who also agree to these Terms by virtue of using the Site.  By using this Site, any User/Client/Provider willingly and voluntarily waives certain legal rights, as discussed below. By using the Site and/or accessing the Services, or by using the Site to provide Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you agree to abide by all of the Terms and conditions hereof.

 

Parties

These Terms is/are between you as the User and/or Client and/or Provider and WelChek.

 

General Information about WelChek

The Site is owned and operated by WelChek, a company incorporated under the Canada Business Corporations Act. WelChek reserves the right to revise or remove any part of the Terms at its sole discretion at any time and without prior notice to you by updating this posting. You should visit this page periodically for changes. As this Site is continually under development, changes to this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use of this Site after a change has been posted constitutes your acceptance of the changes.

 

The Site describes Services provided by WelChek, but these Terms do not govern the provision of actual Services. The Services are governed by another agreement (“Services Agreement”) and the Services Agreement and its terms must be agreed to upon signing up as a User to request, procure, receive, or otherwise utilize the services.  Similarly, the provision of actual services by a Provider is governed by another agreement (“Provider Agreement”) and the Provider Agreement and its terms must be agreed to upon signing up as a Provider to provide such services.

You agree that you are responsible for all data charges you incur through the use of the Site.

 

About WelChek Services and the Site

WelChek is a website and mobile device app platform which facilitates Users and Clients having access to Providers who are independent contractors and who are willing and able to provide Services to Clients  mutually agreed to by the User/Client and Provider.

 

All Providers have pre-registered with WelChek before being matched with Clients and their credentials have been reviewed.

Physicians which WelChek facilitates access to (“Physician Provider(s)”) are credentialed by a panel of physicians.

 

Other non-physician health professionals which WelChek facilitates access to (“Health Provider(s)”) are checked for licensing or certification, if their profession has one.

The definition and use in these Terms of the term “Provider” includes “Physician Provider(s)”, and other “Healthcare Provider(s)”.

A background check is carried out on all Providers using a third party independent evaluator. Background checks are made for criminal record, identity cross checks, employment verification, education verification, credit bureau inquiries and cross checks. Except as described above, no further screening, credentialing and/or review of Providers are performed by WelChek.

WelChek makes no representations, warranties and/or guarantees, whether express or implied, with respect to professional qualifications, expertise, quality of services provided, or any other information regarding any Physician Provider or Healthcare Provider it facilitates access to, except that such Physician(s) are certified to practice medicine in Ontario by the College of Physicians and Surgeons of Ontario (“CPSO”) and Nurse Practitioners are certified to practice in Ontario and Canada.

Similarly, WelChek makes no representations, warranties and/or guarantees, whether express or implied, with respect to professional qualifications, expertise, quality of services provided, or any other information regarding any Health Provider it facilitates access to, except that such Health Provider is certified to practice their respective profession in Ontario and Canada by their respective Regulatory College, if in fact the Health Provider is governed by a respective Regulatory College.

Similarly, WelChek makes no representations, warranties and/or guarantees, whether express or implied, with respect to qualifications, professional qualifications, expertise, quality of services provided, or any other information regarding any other Provider it facilitates access to, except that such Provider is licensed and/or certified, if in fact the Provider is required by law to be licensed and/or certified.

All Physician Providers must provide proof of membership in the Canadian Medical Protective Association (“CMPA”), which provides coverage for its members in medical-legal matters. Similarly, all other Health Providers must provide proof of liability insurance if they are required by law to have such insurance.

All other Healthcare Providers must provide proof of liability insurance if they are required by law to have such insurance.

The cost of Services must be paid in full before Services are provided.  Payment for Services is described in the respective Service Agreements. However, physician medical services provided in Ontario are not paid by the Users, but are billed to OHIP for any OHIP eligible service (i.e. insured or medically necessary services) and Ontario Physician Providers are not permitted to charge separately or additionally for any services that are insured and reimbursable by OHIP.  In order to have services billed to OHIP, a User or Client must have a valid Ontario Provincial Health Card.

As a rule, WelChek does not provide refunds or credits for any Services and/or cancellations, unless in its sole discretion they determine that they are warranted in certain circumstances.

Any personal information submitted and/or any personal health information as defined under the Personal Health Information Protection Act, 2004 (“PHIPA”), will be used, stored, disclosed and maintained in accordance with applicable privacy legislation and in accordance with the Privacy Policy

If you provide your WelChek login id/password to any other individual, you are thereby willingly providing this other individual with access to your personal information.

User Restrictions 

As a User or Client or Provider, you agree to the following:

(i) To provide truthful and accurate information when registering and/or accessing/providing Services;

(ii) To not use the Site or access Services in any way that is harassing, abusive, threatening, obscene, defamatory, libellous, discriminatory or otherwise offensive;

(iii) To not use the Site or Services for any unlawful or illegal purpose; and

(iv) That WelChek, in its sole discretion, may terminate your use of the Site and access to Services if it is determined that you are not eligible to use the Services, have violated any Terms, or for any other valid reason, with or without notice and in doing so is under no obligation to provide you with any reasons for same.

 

Links to Other Sites

The Site may contain links to third-party sites that are not owned or controlled by WelChek and these Terms do not apply to such third-party sites. WelChek has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

 

Reviews and Ratings

You acknowledge that WelChek is not required to, nor will they, screen, moderate, verify or remove any reviews, ratings, or other information posted on the Site about a Client, User and/or Provider, or about anyone else.

 

System Requirements

Access to the Site requires an Internet connection an Internet web browser.  The Site supports all commonly used web browsers, including Internet Explorer 9 and up and the most recent versions of Chrome, Firefox, and Safari.

 

Intellectual Property

The content on this Site, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein, and any other materials you may view on, access through, or contribute to this Site (collectively, “Materials”) are owned by and/or licensed to WelChek, subject to copyright, trademark and other intellectual property rights under Canadian laws, foreign laws, and international conventions.

 

No Materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or content.

WelChek Inc., WelChek Inc., WelChek and WelChek are trademarks or registered trademarks of WelChek Inc. in Canada and in other countries.

 

Disclaimer 

The information and Services are provided on an “as is” and “as available” basis. WelChek makes no express or implied warranties, representations or endorsements whatsoever with regard to any information or Services provided through the Site or through the internet generally; and under no circumstances will WelChek or any of its affiliates be liable for any compensatory, general, special, direct, indirect, incidental, aggravated, punitive, or consequential damages that result in any way from your use of, or inability to use, the Site or any Services or any parts thereof, or your reliance on or use of the Site, the information, or Services provided, or that result from mistakes, omissions, interruptions, deletions and/or any failure of performance. WelChek does not warrant that the use of the Site or the Services will be uninterrupted or error-free or that any information, software, or other material accessible on this site is free of viruses or other harmful components.

 

Limitations – All Services (including Medical Services)

The Site is not to be used as a substitute for obtaining emergency medical services.  Physician Providers and Healthcare Providers provide medical services, but only for non-emergencies. If you are experiencing what you believe is a medical emergency, you should call 911 or go to the nearest hospital emergency department immediately.

WelChek does not itself provide any Services, but only serves as a facilitator of such Services between the User/Client and the various Providers, who are all independent contractors and are not employees of WelChek.

While Health Services can be accessed on the Site, the Site does not provide medical or health advice, nor does it serve as a substitute for medical or health advice, diagnosis or treatment.  You should always consult with your own physician and/or the Physician Provider and/or the Healthcare Provider regarding any questions or concerns you may have about any symptoms, medical conditions and/or health conditions.

While we do our best to have a Physician Provider/Health Provider respond to all appropriate requests, we cannot guarantee a response, nor a timeframe in which a Physician Provider/Healthcare Provider will respond and WelChek is not responsible for any cancelled, or unfulfilled appointments and is in no way responsible or liable for any resulting injuries.

The Physician Provider/Healthcare Provider is/are responsible for the medical/health advice and treatment rendered and WelChek, and its affiliates, shareholders, officers, directors, suppliers, employees, contractors, representatives, or agents, specifically deny liability and/or responsibility for any medical and/or healthcare advice, opinions, treatment and/or services rendered by any Physician Provider and/or any Healthcare Provider, who has been arranged and/or facilitated by WelChek.

At no time will a User/Client-Provider relationship exist between a User/Client and WelChek. The extent of the service provided by WelChek is to facilitate access to Services, but not to perform or render actual Services.

Regarding medical or Health Services, at no time will a doctor-patient relationship or a health professional-patient relationship exist between the User/Client and WelChek. The extent of the Services provided by WelChek is to facilitate access to medical/health services provided by a Physician Provider/Health care Provider and not to perform or render actual medical/Health services.

The Clients and/or Users are the potential employer of the Provider if it is determined that an employer-employee relationship is created with a Provider and therefore, it is the Clients and/or Users and/or Providers who are responsible for compliance with all applicable employment, occupational health-safety and worker’s compensation laws in connection with any such relationship.

WelChek MAKES NO REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PROVIDER QUALIFICATIONS, EXPERTISE, QUALITY OF SERVICES PROVIDED, OR ANY OTHER INFORMATION REGARDING ANY PROVIDER.  

YOU ACKNOWLEDGE THAT IT HAS BEEN EXPLAINED TO YOU THAT WelChek HAS REVIEWED AND SCREENED CREDENTIALS OF PROVIDERS, BUT ONLY IN A LIMITED FASHION.  

WelChek DOES NOT TAKE RESPONSIBILITY FOR ENSURING THE ACCURACY OF ANY INFORMATION SUBMITTED BY OR OBTAINED ABOUT A PROVIDER, NOR THE INFORMATION OBTAINED VIA ANY BACKGROUND CHECK, AND YOU AS A USER/CLIENT ACKNOWLEDGE AND AGREE THAT THERE IS AN ASSUMPTION OF RISK BY THE USER/CLIENT IN USING THE SERVICES OF ANY PROVIDER AT THEIR RESIDENCE AND/OR AT other location(s) mutually agreed to by the User/Client and Provider.

SIMILARLY, WelChek DOES NOT TAKE RESPONSIBILITY FOR ENSURING THE ACCURACY OF ANY INFORMATION SUBMITTED BY OR OBTAINED ABOUT A USER OR CLIENT, NOR IS ANY BACKGROUND CHECK OBTAINED ABOUT A CLIENT OR USER, AND YOU AS A PROVIDER ACKNOWLEDGE AND AGREE THAT THERE IS AN ASSUMPTION OF RISK BY THE PROVIDER IN PROVIDING SERVICES TO A CLIENT OR USER AT THEIR RESIDENCE AND/OR AT OTHER LOCATION(S) MUTUALLY AGREED TO BY THE USER/CLIENT AND PROVIDER.

WelChek requires Providers to submit current profiles that may be accessed through the Site. However, the information in these profiles may become dated or inaccurate and WelChek does not take responsibility for ensuring accuracy.

You agree that your use of the Site, as a User, Client and/or Provider, and/or the use of Services provided, and/or the provision of Services provided, does not create any special relationship between you and WelChek, nor does it create any fiduciary duty.

Requests received by WelChek for Services will be matched to a Provider.  While we do our best to have a Provider respond to all appropriate requests, we cannot guarantee a response, nor a timeframe in which a Provider will respond and WelChek is not responsible for any cancelled, or unfulfilled appointments and is in no way responsible or liable for any resulting damages of any kind.  Nor does WelChek make any representations about the quality, suitability, reliability, timeliness and efficacy of the Services received from Providers.

The Providers are responsible for the Services rendered and

you acknowledge that WelChek, and its affiliates, shareholders, officers, directors, suppliers, employees, contractors, representatives, insurers and/or or agents specifically deny liability and/or responsibility for any such Services rendered by any Provider who has been arranged and/or facilitated by WelChek.

Obtaining a Service from a Provider comes with inherent risks, including but not limited to the risk of physical harm, bodily harm, mental harm, theft, property damage, other losses and/or negligence. However, by using the Site and requesting Services, you as a User and/or Client acknowledge and willingly agree to assume responsibility for all such risks.

Similarly, providing a Service as a Provider to a User and/or Client comes with inherent risks, including but not limited to the risk of physical harm, bodily harm, mental harm, theft, property damage, other losses and/or negligence. However, by using the Site and providing Services, you as a Provider acknowledge and willingly agree to assume responsibility for all such risks.

WelChek specifically denies liability for damage to physical property, real property, personal injury, special, indirect, or consequential damages or losses, including but not limited to general damages, special damages, aggravated damages and/or punitive damages, whether in contract or in tort, or arising as a result of a fiduciary duty, or by virtue of any statute, or upon or by any other reason.

To the extent permitted under applicable law, under no circumstances shall WelChek be liable for any compensatory, punitive, aggravated, special or consequential damages that result from the use of, or the inability to use, this Site or the materials on it, even if WelChek or an authorized representative has been advised of the possibility of such damages.

By deciding to engage the Site and the Services, you acknowledge and agree that you are aware of the above limitations and agree to use the Site with knowledge and acceptance of these limitations.

 

Indemnity 

By using this Site, you agree to indemnify, defend and hold harmless WelChek and its affiliates, directors, officers, shareholders, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable legal costs) or other expenses that arise directly or indirectly out of or from (i) your activities in connection with this Site; (ii) any Services received; (iii) any Services provided; and/or (i) your breach of any provision of these Terms.

You as a User and/or Client understand, acknowledge and agree that any responsibility and/or liability on the part of WelChek to pay any damages, for any reason, will in no way exceed $50.00, or will in no way exceed the amount paid by a User or Client to a Provider for Services rendered, whichever is lower.

You as a Provider understand, acknowledge and agree that any responsibility and/or liability on the part of WelChek to pay any damages, for any reason, will in no way exceed $50.00, or will in no way exceed the amount expended by you in providing a Service, whichever is lower.

 

Severability

If any term(s) of this Agreement is/are held to be invalid or unenforceable under any applicable local laws or by an applicable court, the remaining terms of the Agreement will remain valid and enforceable.

Governing Law

These Terms and the Site (and any further rules, polices, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada.

A condition of using the Site is that you consent to and agree to the jurisdiction of Ontario courts and tribunals for any disputes, claims, complaints, proceedings, actions arising in connection with the Site and in connection with the Agreement. You specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by a jury trial.

You also agree to mediate any such dispute, if requested by WelChek.

Contact Us

If you have any questions about this Agreement, please contact us at:

 

Contact Submission Form