Terms of Service for Clients

1. Acceptance of these Terms of Service

The Terms of Service govern your access to, or use of, the Service and the content, information, and services provided through the Service. Every time you use the Service, whether to complete the registration process, to browse the Service, or to book healthcare and wellness services, you accept and agree to be bound by and comply with these Terms of Service.

You hereby represent and warrant that (a) you have the authority to be bound by the Terms of Service personally and/or (b) that you have the authority, by virtue of a guardianship or power of attorney, on behalf of an individual for whom you have created an account to bind such individual to these Terms of Service.

We reserve the right to decline access to the Service to any person who breaches these Terms of Service.

If you are using the Service: (i) directly for yourself, then "you" and "your" refer to you; or (ii) as a representative acting on behalf of an individual ("Representative"), "you" and "your" refer to that individual. In both instances:

1. You and/or your Representative accept these Terms of Service, and you will be responsible for any act or omission of any Representative using the Service on your behalf;
2. You and/or your Representative represent and warrant that you or the Representative has the authority to bind you to these Terms of Service;
3. You and/or your Representative have all the required legal and contractual authorizations, licenses, approvals, and are otherwise legally able to use the Service for the intended purposes;
4. You covenant that you and/or your Representative have the right, power, and authority to enter into these Terms of Service.

2. Modifications to the Terms of Service and the Service

MedWorks reserves the right to modify these Terms of Service or its Supplemental Terms relating to the Service at any time, subject to change in its sole discretion. When changes are made, MedWorks will make a new copy available on the Service, and Users will be notified. We will also update the "Last Updated" date at the top.

If we make material changes and you have an account, we will send an email notice to the last email address you provided. Any changes are effective immediately after posting. If you do not agree, you must stop using the Service and delete your account.

3. Supplemental Terms and Privacy Policy

We maintain a Privacy Policy that describes our practices regarding the collection, use, and disclosure of your personal information. By using our Services, you acknowledge and agree that you have read, understand, and consent to MedWorks' Privacy Policy, which is available at www.medworks.com/privacy.

In addition to these Terms of Service, there may be supplemental terms, policies, rules, and conditions of use that apply to certain activities or features of the Service ("Supplemental Terms"). Supplemental Terms are in addition to, and shall be deemed a part of, these Terms of Service. In the event of a conflict, the Supplemental Terms shall prevail.

4. Services As Is, Modifications to the Service

MedWorks may modify or discontinue the Service, or any part thereof, at any time and without prior notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

We reserve the right to introduce new features or add terms and conditions that may be subject to different or additional terms, conditions, and pricing. Your continued use constitutes your acceptance of such terms.

5. Rules and Prohibitions for Using the Service

You agree to use the Service for your personal, non-commercial use only. You shall not use the Service for any purposes prohibited by these Terms. You shall not:

• Duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit the Service or any portion thereof.
• Use the Service in a manner that could damage, disable, overburden, or impair any MedWorks server.
• Use the Service to violate the security of any computer network or transfer malicious code.
• Use any data mining, robots, or similar data gathering or extraction methods.
• Use the Service to infringe the intellectual property or other rights of third parties.
• Engage in any activity that interferes with or disrupts the Service.
• Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks.
• Impersonate or misrepresent your affiliation with any person or entity.

6. Contractors and Merchants Are Independent

MedWorks acts solely as an intermediary, using the Service, between you and each Contractor. MedWorks does not control the services performed by Contractors through the Service. MedWorks does not guarantee or vouch for the skills, certifications, professional memberships or licences, the qualifications, or the quality of the work of any Contractor.

7. User Account, Registration and Password

In order to access and use certain areas or features of the Service, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password and restricting access to your account; and (e) promptly notify MedWorks if you discover or otherwise suspect any security breaches related to the Service.

You are solely responsible for all activity that occurs under your account. MedWorks will not be liable for any losses or damages caused by unauthorized use of your account.

8. User Content

9. Communications with MedWorks

By creating an account, you agree to receive communications from MedWorks, including via email, text message (SMS), calls, and push notifications. You can opt out of promotional communications but not transactional ones related to your account and use of the Service.

10. Intellectual Property Ownership and License

The Service and all related content, features, and functionality are owned by MedWorks, its licensors, or other providers and are protected by Canadian, Mexican, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

MedWorks grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal, non-commercial use, subject to these Terms of Service. This license does not include any rights to resell or commercially use the Service.

11. Payment Terms and Fees

If you choose to purchase healthcare and wellness services through the Service, you agree to pay MedWorks the applicable fees and taxes. You must provide a valid payment method at the time of purchase. You authorize MedWorks (or its third-party payment processor) to charge your payment method for the total amount of your order.

You must notify us within thirty (30) days of any error or discrepancy on your payment statement, or such amounts will be deemed accepted by you.

12. Dispute Resolution

To the fullest extent permitted by applicable law, you irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for any Dispute arising from these Terms of Service.

13. Third-Party Interactions, App Stores and Internet Delays

14. Indemnification

You agree to indemnify and hold harmless MedWorks and its subsidiaries, officers, directors, employees, agents, and affiliates from and against any losses, claims, damages, penalties, fines, and expenses arising out of your negligence, willful misconduct, violation of these Terms, misuse of the Service, or violation of any rights of another User.

MedWorks reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This section survives termination of your account or this Agreement.

15. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable law:

1. MedWorks is no more than the facilitator of the interaction between you and each Contractor or third-party;
2. You are not purchasing products or services from MedWorks;
3. Should you suffer personal injury, damage, or infringement due to services purchased through the Service, such damages shall be a matter between you and the Contractor;
4. The Indemnified Parties shall not be liable for any personal injury, damage, or infringement due to your use of the Service, the cost of substitute services, unauthorized access to your data, or any other matter;
5. The Indemnified Parties' aggregate liability shall not exceed the actual amount paid by you for the services you purchased.

16. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MEDWORKS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES. MEDWORKS MAKES NO WARRANTY THAT THE HEALTHCARE AND WELLNESS SERVICES PROVIDED WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, OR STANDARDS.

17. Termination

If you violate these Terms, MedWorks may respond based on a number of factors. MedWorks, in its sole discretion, may suspend or terminate your account and access to the Service, for any reason, including lack of use or if MedWorks believes you have acted inconsistently with these Terms.

MedWorks may discontinue providing access to the Service at any time without notice. MedWorks will not be liable for any termination of your access or expungement of your information.

18. General