Terms and Conditions

Welcome to WESN Health!

WESN Health is owned and operated by WESN Health Inc.

These are the terms and conditions for:

By using the website and services, you agree to be bound by these terms and conditions and our Privacy Policy. In these terms and conditions, the words “website” refer to the WESN Health website, “we”, “us”, “our” and “WESN Health” refer to WESN Health and “you” and “user” refer to you, the user of WESN Health.

The following terms and conditions apply to the website and services offered by WESN Health. This includes the mobile and tablet versions as well as any other version of WESN Health accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM WESN HEALTH.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of WESN Health. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Access to the website and use of the services are available to all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website are appropriate for their children or minors under their guardianship. 

WESN Health may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. ACCOUNT

If you register with WESN Health, you will be asked to choose a password and may be asked for additional information about your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WESN Health of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without WESN Health’ prior authorisation. WESN Health will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to WESN Health.

WESN Health reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if WESN Health believes that you have breached any of these terms, provided WESN Health with false or misleading information, or interfered with any other party’s use of the website or service.

3. NOTIFICATIONS AND NEWSLETTER

By providing WESN Health with your email address, you consent to our use of your email address to send you notices about the services. We may also use your email address to send you notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.

4. SERVICES

WESN Health offers telemedicine services through the website. Users will be able to find health professionals from different specialties and schedule consultations through the website with these specialists and health professionals, for the purpose of receiving the consultation via video call. Consultations will take place on the date and time scheduled through the website. Once the scheduling and payment process is completed, the user will receive a confirmation email with the date and time of the consultation and instructions on how to access the consultation via video call. Please check the price of consultations and the availability of health professionals before scheduling a consultation.

If you have any problems with the scheduling of consultations or need to cancel a scheduled consultation, please contact us through our contact information.

WESN Health may cancel any services or consultations and may change or discontinue the availability of services and consultations at any time at its sole discretion. In the event of cancellation of services or consultations by WESN Health, any payment made for the consultation or service will be refunded in full. The above provision does not affect your statutory rights.

For more information about our services, please contact us through our contact information, our support team will be attentive and available to answer your questions and concerns.

5. PAYMENTS

Services and consultations will be paid for through the payment processors available on WESN Health. Upon scheduling a service or consultation and processing a transaction, we will issue an electronic receipt which will be sent to the email address you provided to us at the time of scheduling the consultation or service. The email and transaction receipt may be sent through the payment processors available on WESN Health.

If you find any inconsistencies in your billing, please contact us through our contact details or you can make a complaint through the customer service of the relevant payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no transaction will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

The price of services will be determined based on the services and the price of consultations determined by health care professionals. WESN Health reserves the right to determine the price of the services and to modify the price of the services at any time and without prior notice.

6. SENSITIVE INFORMATION (Health information)

Confidential information refers to information related to a person’s health among other information. Certain confidential user information (health information) is necessary for the proper provision of services through the website. WESN Health’s policy is that confidential information will be used and disclosed only for the purposes for which it was provided and authorized, unless the user agrees otherwise or the law permits the use or disclosure of this information. By registering for and using WESN Health services, you consent and agree to the use and processing of such sensitive information for the uses expressly described in this policy.

Sensitive information provided by you through the website and our services will be visible only to you. Sensitive information that you provide through the website and our services will never be disclosed or published in a manner that can identify and individualize you and your personal information.

7. CONFIDENTIAL INFORMATION

Information provided by our users through our services will be treated as confidential information and will be used only for the purpose of providing our services properly. WESN Health will protect such Confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or similarly important proprietary information. If necessary to carry out a prospective business relationship, WESN Health may disclose Confidential Information received pursuant to our services to employees and/or consultants who have a need to know, provided that the consultants are obligated to protect such Confidential Information from unauthorized use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the user who owns the information.

8. DISCLAIMER

By scheduling a consultation or engaging the services, you agree that WESN Health does not guarantee any beneficial outcome, success or failure of the services provided by the health care professionals through the consultations. WESN Health is not responsible for any losses or benefits that our users may obtain through consultations provided by health professionals or services purchased and arranged through the website. The user acknowledges that the ultimate success or failure of the services provided by health professionals through consultations will be the result of each particular situation beyond the control of WESN Health.

WESN Health provides telemedicine services and medical consultations with healthcare professionals of different specialties through our website but our services are not recommended for emergency medical situations. Please do not use our services in case of medical emergencies. In case of medical emergencies and situations that require immediate medical attention, please go to the emergency services closest to your location.

By accessing the website and the content available on the website, the user accepts personal responsibility for the results of the use of the information available in the content.  You agree that WESN Health has not guaranteed the results of any action taken, advised or otherwise, by this website or the content. WESN Health provides resources and content for information purposes only. We do not warrant that the information available on the website is accurate, complete or up to date. The content of this website is provided for general information only and should not be taken as professional advice. Any use of the material provided on this website is at your own risk.

9. THIRD-PARTY MATERIALS

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

10. COPYRIGHT

All materials on WESN Health, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by WESN Health or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on WESN Health are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without WESN Health prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilize WESN Health or any part of the material for any purpose other than its intended purposes is strictly prohibited.

11. COPYRIGHT INFRINGEMENT

WESN Health will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in Canadian and international copyright and intellectual property laws and regulations. WESN Health respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the WESN Health website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that WESN Health can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

12. PERSONAL DATA

Any personal information you post or submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

13. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to WESN Health or licensed to the WESN Health by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WESN Health in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
  • Download any content unless it’s expressly made available for download by WESN Health.

14. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet WESN Health provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse WESN Health for any loss or damage caused as a result.

WESN Health will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, WESN Health excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to WESN Health and WESN Health shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any intellectual property rights of any third party caused by their use of the website or any product or service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from WESN Health.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

15. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by WESN Health for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

16. INDEMNIFICATION

You agree to defend and indemnify WESN Health from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the services.

17. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

18. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WESN Health without restriction.

19. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by WESN Health, shall constitute the entire agreement between you and WESN Health concerning and governs your use of the website and the services.

20. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and WESN Health, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. WESN Health may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

The courts of Canada shall have jurisdiction over any dispute, controversy or claim relating to WESN Health and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.

21. FINAL PROVISIONS

These terms and conditions are governed by the laws of Canada. Use of the website and services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

22. CONTACT INFORMATION

WESN Health Inc.

Phone: (519) 913-2907

Fax: (519) 913-2908

Email: contact@wesnhealth.com

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