Terms of Service

These Terms of Service for Wellness Professionals, Providers and Business Affiliates are to be read in conjunction with the General Terms and Conditions and Privacy Policy as published on www.wellnesswrx.ca and together form your agreement (“Agreement”) between WellnessWrx Inc. (“WellnessWrx”, or “we”), and You (“you” or “WellnessWrx Provider/Professional/Business”). Terms starting with capital letters are defined terms and have the meaning set out in this agreement or as defined in the General Terms and Conditions.

By registering as a WellnessWrx Provider/Professional/Business Affiliates, you signify that you have read, understand and agree to be bound by these Terms of Service and the Agreement in all respects with respect to your provision of Wellness Services, rental space, use of www.wellnesswrx.ca, our provision of the Service and your use of the Site and Service.

 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

 

  1. USING THIS SERVICE

 

WellnessWrx serves as a platform to connect wellness providers, professionals and business affiliates to potential clients, clinics, centres and other business affiliates that may be interested in the wellness services that they offer (“Wellness Services”).  At WellnessWrx we value honesty and integrity. The health and success of our Service and our ability to connect you with potential clinics, centres and clients requires trust and a professional level of service. We therefore require you to agree to, uphold and comply with the following terms:

 

1.1  Registering as a WellnessWrx Provider/Professional/Business Affiliates. WellnessWrx maintains the right to reject your registration application at its sole discretion.

 

1.2   Identity. By registering as a WellnessWrx Provider, Professional or Business Affiliates you certify that you are the person for whom you are registering or that you have consent to register on behalf of another person or entity. WellnessWrx may ask for proof of identity at its sole discretion. WellnessWrx will not tolerate any misuse of this Service. Fraudulent or misleading behaviour will be taken seriously and reported to the appropriate legal authorities where necessary.

 

1.3   Qualified. You agree that you are qualified (“Qualified”) to provide the Wellness Services, products or business services that you are applying to be listed for on our Site, meaning that you hold all requisite training, licensing, certification, education, experience, and similar qualifications to provide the Wellness Services you are offering, to complete the Wellness Services with a professional level of care and within the standards required by the governing laws and regulations of your Province/State. You agree to provide WellnessWrx with copies of any licenses, certificates or proof of training as well as proof that your qualifications remain in good standing with any accreditation officers, professional societies, associations, unions or other entities related to your area of service.

 

1.4   Customer Service and Professionalism. By becoming a WellnessWrx Provider, Professional or Business Affiliates, you agree to:

 

  • uphold the highest level of customer service and professionalism when communicating with potential clients, clinics and centres or affiliating yourself with WellnessWrx in any way;
  • abide by the standards of any college which you belong to;
  • be prompt, courteous, friendly and professional in providing any Service;
  • be prepared and equipped with the required materials;
  • be reliable and consistent in your work as required to meet the standard of customer service and professionalism provided herein;
  • and be clear in setting expectations with the clients regarding timing, any out of pocket or material expenses, and any other details that are relevant to the services you are offering.

 

You understand and agree that any unprofessional behaviour or acts will not be tolerated and may lead to your removal from the Service and this Site.

 

1.5   Insurance. You represent and warrant that you hold all required or industry standard insurance, (commercial liability and malpractice) to adequately cover any loss related to property damage, bodily injury, theft, property loss or any claims of negligence (“Insurance”) that may be made against you through your contract with a Requesting User of this website (“Requesting User”). You agree to provide us with copies of certificates of such Insurance in your registration process as well as from time to time at our request. You further agree to notify us immediately of any change in your Insurance. If you do not have insurance, sufficient insurance or appropriate insurance for the Wellness Services you are offering WellnessWrx will not accept your application or registration to become a WellnessWrx Provider, Professional or Business. WellnessWrx may provide you with a quote from its insurance partners to assist you in obtaining the insurance you need to safely run your wellness practice or business.

 

  1. THE DIRECTORY

 

WellnessWrx Inc. is a referral portal that connects individuals seeking Wellness Services to accredited wellness providers, professionals and business affiliates.  Signing up as a WellnessWrx Provider, Professional or Business Affiliate connects you with countless potential clients by making your listing searchable through our Sage database. By signing up for this service you agree to keep your information, including the address, telephone number, email, hours of operation and any other relevant details about your business, up-to-date and to inform WellnessWrx immediately of any changes.

 

  1. BOOKINGS

 

By registering for our Service you agree to the following:

 

3.1   Procedure.  As a WellnessWrx Provider, Professional or Business Affiliate, you have the option to make use of WellnessWrx’s Live Calendar Tool. The Live Calendar Tool gives you access to an active online calendar which you may use to inform potential clients of your availability. Should you choose to use the Live Calendar Tool, clients will be able to review your schedule and book an appointment with you through our Site. Should you choose to use this function you will be required to keep your calendar up-to-date at all times so that new leads can access and rely upon your schedule to make appointments. All available appointment hours shall be placed into your calendar and all hours that are not available shall be indicated clearly. All vacation or other days-off must be indicated in your calendar to avoid any improper bookings. If the location of the services you offer is different on different days of the week, you must indicate this clearly in your calendar to avoid any confusion.  

 

Our Live Calendar Tool is used to book any new or exciting clients to Wellness Providers, and must be used for first time booking and all repeat booking of service as part of the WellnessWrx referral system. This is not an option, is a standard and mandatory part of our referral system for Wellness Providers.

 

3.2   Agreement with Requesting User. You understand that by accepting a booking from a Requesting User you are entering into a binding contract with the Requesting User independently of WellnessWrx Inc. In other words, WellnessWrx Inc. is not a party to any contract made between you and the Requesting User and will not be held liable for any claims arising from the said contract.

 

3.3 Cancellations. Cancellations will be handled as follows:

 

3.3.1 Cancellation by Requesting User. All cancellations must be made with at least twenty-four (24) hours notice failing which the Requesting User will lose their Payment. If a booking is cancelled with at least twenty-four (24) hours notice to the Provider, the Requesting User will receive a refund of their Payment.  If the Requesting User reschedules the appointment with less than 24 hours notice they will be subject to a charge that is equal to 20% of the appointment cost.

 

3.3.2 Cancellation by Provider or Business Affiliate. All cancellations must be made with the utmost respect to Requesting Users, being mindful of their time. Should you need to cancel a booking the Requesting User, with in a timely fashion, must reschedule their appointment for the service they originally book.

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  1. FEES & PAYMENT TERMS

 

4.1 Subscription. Your use of the Service will be subject to a subscription fee to paid monthly or annually depending on the option selected by you upon completing your registration as a WellnessWrx Provider, Professional or Business (“Subscription Fee”).  You agree to pay all fees specified in the registration forms and in these Terms and Conditions.  Fees are based on your choice of subscription, not on actual usage of the Service or Site. Payment obligations are therefore non-refundable. All payments for use of this Site will be made or given pre-authorization for payment at the time of registration. You hereby authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your account until you or we, cancel or terminate your subscription as provided herein or these amounts are paid in full, whichever is later. All subscriptions will be automatically renewed unless you provide WellnessWrx with written notice by email to billing@wellnesswrx.ca at least thirty (30) days in advance of the date of renewal. For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account.

 

4.2  Valid Accounts. Should you choose the option of pre-authorized monthly payments you must provide WellnessWrx with valid bank account information, without which you will not have access to the Service. If at any time WellnessWrx discovers that your account is inactive, incorrect or otherwise not working, your access to the Service will be immediately placed on hold until valid account information is provided to us and any outstanding payments are made. WellnessWrx maintains the right to terminate your use of the Service for failure to maintain a valid account.

 

4.3  WellnessWrx Discounted Rate. By using this Service you agree to provide Requesting Users with a 10% discount rate for your services. Specifically, all services offered on WellnessWrx.ca will be subject to a 10% discount.

 

4.4  Price Matching. As a WellnessWrx Provider, Professional or Business Affiliate you agree not to reduce the 100% rate of your services to an amount that is lower than the services offered through your private practice and conversely you agree not to reduce the cost of your services offered through your private practice to an amount that is lower than those offered through WellnessWrx’s special discounted rate.

All new clients that are referred to you through WellnessWrx must continue to book follow-up appointments through WellnessWrx website or App.

 

4.5  Service Fees. You agree that each booking that is made, to book your services, using the Live Calendar Tool  will be subject to a service fee that is equal to 15% of the booking price (“Service Fee”) to be used as follows: 7% referral fee to WellnessWrx; 3% administrative fee; 5% marketing fee. Bookings from pre-existing clients (“Sage Users”) will not be subject to the 15% Service Fee.

 

4.6  WellnessWrx Evolving Referral Program. Upon signing up as a WellnessWrx Provider or Business Affiliate, you have the opportunity to invite your existing clients to use the WellnessWrx Service. Each of your existing clients will be given a code number upon registering with the site that identifies them as your client. When your client uses the Site to book and purchase services from you, you will not be charged the 15% service fee. When your client uses the Site to book and purchase services from another WellnessWrx Provider You will be entitled to a referral fee which will be up to 3% of the amount of the service booked. Referral fees will be paid out monthly as a direct deposit to you for one full year.

 

4.7  Transaction Methods. When using the WellnessWrx Live Calendar Tool WellnessWrx will manage the transaction between you and the Requesting User. WellnessWrx will take payment from the Requesting User for any appointment that is scheduled. Payment will be made using PayPal or another Payment Processor. WellnessWrx will make payment available to you within three (3) weeks of the completion of the Requesting User’s appointment as scheduled and booked using the WellnessWrx Live Calendar Tool.

 

All providers, and business affiliates are requested to sign-up to have a PayPal account, for them to     receive any payments for services, or referral fees.

 

4.8  HST. WellnessWrx charges HST on all services and will provide you with its HST number upon request. Upon registering as a Provider, Professional or Business Affiliate with WellnessWrx, you must disclose to WellnessWrx whether you are exempt from HST or GST in the province in which you provide services and provide WellnessWrx with your HST number. WellnessWrx Providers, Professionals and Business Affiliates will be responsible for calculating and collecting their own HST from Requesting Users. Therefore, this figure should be included in the price of services listed unless you are exempt from HST as per the Canada Revenue Agency guidelines. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our Service and that in no event will we be responsible for any tax compliance. You further agree to indemnify and hold the WellnessWrx, its related companies and affiliates and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Service.

 

4.9 Transaction Fees. As a WellnessWrx Provider, Professional or Business Affiliate you will be responsible for all fees associated with the use of PayPal or other financial processing methods used by WellnessWrx in order to obtain payment from a Requesting User and deliver this payment to you.

 

    4.10 Charitable Donations. WellnessWrx will be donating up to 1.5% of net income of the 7% referral fee it receives from each service booked through our Site to our You+One® program which will donate the amount to an Ontario, Canada registered non-for-profit of choice Project BeamON Organization.

 

4.11Option to Donate. As a WellnessWrx Provider, Professional or Business Affiliate you have the option to donate a portion of your earnings through the You+One® Program, for Project BeamOn Organization.

This is a voluntary choice which you are under no obligation to agree to. Should you choose this option, you authorize WellnessWrx to withhold an amount (for example $5) from your earnings each month to be held in trust for Project BeamON.

 

You will receive annual notification of how your donation made a difference for Project BeamON Organization. www.projectbeamon.org .

 

  1. PROFESSIONAL CONDUCT (THINGS YOU MUST NOT DO)

You acknowledge and agree that the Service is available for your personal use only in connection with the proper provision of wellness services, and may not be used for any other commercial purpose. Without restricting anything else in this Agreement, you agree not to:

 

  • Assign a booking to another practitioner;
  • use the Service, directly or indirectly, to facilitate the violation of any law, regulation, or statute in Canada;
  • use the Service to provide any type of advice, consultation or professional services outside the categories for which you are professionally certified and listed as on this WellnessWrx Inc. website;
  • contact or attempt to contact, in any way, a Requesting User for any reason other than performing the requested service;
  • share any information regarding a Requesting User, or the rental space with any third party;
  • use the Service, directly or indirectly to abuse, harass, stalk, threaten, or otherwise violate the legal rights (including but not limited to rights of privacy) of others;
  • provide incorrect, inaccurate, or misleading information regarding your ability or qualification to provide Wellness Services;
  • enroll, register, sign up, use or otherwise provide services that you have applied to provide through us through any other on demand platform;
  • contact, negotiate or communicate with, or accept bookings, directly or indirectly, from Requesting Users or Users you have connected with through the Service, whether directly or indirectly, outside the Service.
  • Never book the client, also known as the sage client that was referred to you through WellnessWrx any other way than through the WellnessWrx website or App.

 

  1. TERMINATION

 

6.1  WellnessWrx reserves the right to terminate, suspend, or deactivate your Account if we suspect or determine, in our sole discretion and without notice, that you have misused our Services, have used our Services to violate any law, have breached any term of this Agreement, consistently cancel bookings, provide unsatisfactory work in accordance with the principles of this Agreement. If we terminate, suspend, or deactivate your User Account you agree to immediately cease use of or affiliation with our Service.

 

  1. REQUESTING USER AND SERVICE PROFESSIONAL DISPUTES AND RELEASE

 

The Service is only a portal for connecting Requesting Users and Wellness Providers/Professionals/Business Affiliates. We are not involved in the actual contract between Requesting Users or in the provision of Wellness Services to Requesting Users and you are solely responsible for your interactions with Requesting Users. If you have a dispute with one or more Requesting Users, you release WellnessWrx and The Feel Good Company Inc. and their officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect arising out of or in any way connected with such disputes.

 

  1. NO GUARANTEE

 

WellnessWrx does not warranty any Requesting User’s ability or willingness to pay for or accept the services provided through the site. WellnessWrx does not guarantee new clients. This site is intended for use as a marketing/referral/booking/payment portal only.  WellnessWrx does not screen Requesting Users and does not provide any guarantees with respect to their health, wellness, finances or any other factor that may be relevant to the provision of services. It is up to the WellnessWrx Provider or Business Affiliate to ensure their own safety, security and well-being.

 

  1. NOTIFICATIONS

 

You agree to keep all App notifications, email subscriptions and text message subscriptions on as required to meet the standard of customer service and professionalism provided herein.

 

  1. LIMITS ON LIABILITY

 

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS OR REPRESENTATIVES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICE OR THIS AGREEMENT, OR YOUR USE OF OUR SITE, OUR SERVICE OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

 

Neither WellnessWrx, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or reviews, ratings or opinions arising from the use of our Service or the Site. You specifically agree that WellnessWrx is not liable for any defamatory, offensive, or illegal conduct of any individual, Professional, Provider or Business Affiliates using the Site. If you are dissatisfied with the Site or any material on the Site, or with any of the terms of your Agreement including our Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.

 

  1. INDEMNITY

 

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 

  1. NO AGENCY

 

You and WellnessWrx are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

We are thrilled that you have decided to join our community as a Sage WellnessWrx Provider, Professional or Business and look forward to assisting you to build and grow your wellness business.