Mednefits Applications — Member Terms of Service Agreement
This Agreement applies to all visitors of the website or users of the Services, including, as applicable, individual employees at a company (collectively, Users). Reference to “User” or “you” in this Agreement shall include that company and/or its employees.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
Through the Mednefits Applications, you will be able to access medical and wellness Services offered by third party Service Providers who are part of Mednefits Panel. These Service Providers include dieticians, physiotherapists, and personal trainers, among others. These Services may be discovered and requested through use of the Mednefits Applications.
2. Mednefits Accounts; Electronic Disclosure Consent.
Your Mednefits account gives you access to the Services and any additional functionality that we may develop (and that you may choose to subscribe to, as applicable) from time to time. We may maintain different types of accounts for different types of Users. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (e.g. passwords that use a combination of upper and lower case letters, numbers and symbols, with a minimum of eight characters) with your account. You must notify Mednefits immediately of any breach of security or unauthorized use of your account. Mednefits will not be liable for any losses caused by any unauthorized use of your account. By providing your email address, you consent to Mednefits using that email address, instead of physical mail, to send you Services-related notices, including and notices required by law. If you open a Mednefits account or are otherwise a register User and/or are using the website/application or Services on behalf of a company and/or its employees, you represent and warrant that you have the authority to act on behalf of and bind that company and/or its employees to this Agreement.
3. No Doctor-Patient Relationships.
You acknowledge and agree that although some of the materials and content that is provided to you through the Mednefits Applications (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a doctor-patient relationship or other medical professional/patient relationship between you and Mednefits, and does not constitute an opinion, medical advice, diagnosis or treatment, but is provided to assist you with locating medical services from doctor, or other healthcare of wellness Service Provider. Mednefits makes no guarantees, representations, or warranties, whether express or implied, with respect to professional qualifications, expertise, quality of work, price of cost information, or any other information made accessible through the Mednefits Applications. You acknowledge that Mednefits has no special relationship with, or fiduciary duty to, you. You also acknowledge that Mednefits has no control over, and no duty to take any action regarding which users gain access to the Mednefits Applications, what content you access via the Mednefits Applications, what effect the information received from the Mednefits Applications will have on you or others, or how you may interpret or use the content of the Mednefits Applications.
4. No Medical or Health Advice.
5. Your Choice of Service Providers.
Before being allowed to join Mednefits as a Service Provider, Service Providers are asked by Mednefits to confirm their identity (through a copy of photo ID), their post- secondary education (if any), their professional credentials (if they are covered by a professional licensing system), and the insurance coverage they carry (if they are required to carry insurance). Mednefits takes reasonable measures to confirm these credentials on a certain sample of Service Providers to complete, and keep up-to-date, their practice profiles that may be accessed through the Mednefits Applications. The information in these Service Provider profiles may become dated, or otherwise be inaccurate, and Mednefits does not take responsibility for ensuring their accuracy. AS WELL, MEDNEFITS DOES NOT IN ANY WAY ENDORSE OR RECOMMEND ANY SERVICE PROVIDERS, INDIVIDUALS, ENTITIES, PRODUCTS OR DEVICES LISTED, MARKETED OR OTHERWISE ACCESSIBLE THROUGH THE MEDNEFITS APPLICATIONS. You are ultimately responsible for selecting your own Service Provider, and you are encouraged to discuss and verify any credentials or profile information directly with them during your first visit or thereafter.
6. Service Efficacy.
Not all the available Services provided by Service Providers through the Mednefits Applications will be appropriate for you, and therefore Mednefits makes no claims about the efficacy of any particular Service. Moreover, Mednefits bears no liability for any medical, health care, wellness, fitness, dietary or any other advice or information provided by any of the Service Providers, organizations, entities, individuals or users, and makes no stipulation whatsoever as to the nature of the relationships, whether doctor-patient or otherwise, established between you and any Service Provider(s).
7. Mednefits Credits.
Only when your company activate the company Health Spending Account, you will be associated with one (1) member user spending account (“Member Spending Account”), and each Member Spending Account will be allocated with Mednefits Credits. The Mednefits Credits allocated in the Member Spending Account will allow you to obtain goods and services from Mednefits’s Service Providers through the Mednefits Application. For the avoidance of doubt, acceptance of the utilisation of the Mednefits Credits is at the discretion of the applicable third party providers of goods and services, and Mednefits does not represent, warrant, undertake or guarantee that the Mednefits Credits will be accepted by any of them. You may from time to time check the balance and utilisation of the Mednefits Credits through the Mednefits Applications.
Member Spending Accounts and Mednefits Credits are meant solely for Members to obtain goods and services from the service providers made available through the Platform on a credit basis, and are not intended as stored value facilities, e-money, prepaid or prefunded facilities. Accordingly, Mednefits Credits does not represent any claim against Mednefits. The Members shall have no claim against Mednefits for the Mednefits Credits. Mednefits Credits are not redeemable for cash under any circumstances. Mednefits Credits shall not be resold or exchanged for value under any circumstances, and shall not be regarded, construed or used as valuable or exchangeable instruments under any circumstances
This Agreement is between you and Mednefits only, and not Apple, Inc. (“Apple”) or any Service Provider with whom you interact or purchase services from using the Mednefits Applications. Mednefits, not Apple, is solely responsible for the Mednefits Applications and its content Although Apple is not a part to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.
10. License to You.
Mednefits grants to you a limited, non-exclusive, non- transferrable, revocable license to use the Mednefits Applications for authorized purposes, and only in accordance with the terms of this Agreement. You may only use the Mednefits Applications on a compatible device that you own or control, and in the case of an Apple device, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. The terms of this Agreement will govern any update or upgrade provided by Mednefits that replaces and/or supplements the original application or website (all of which together are included in the“Mednefits Applications”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. This license does not allow you to use the Mednefits Applications on any Apple device that you do not own or control, and except as provided in the Apple Usage Rules, you may not distribute or make the Mednefits Applications available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sub- license the Mednefits Applications and, if you sell your Apple device to a third party, you must remove the Mednefits Applications from the Apple device before doing so. You agree not to copy (except as expressly permitted by this license and the Usage Rules), decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the Mednefits Applications, or any part thereof. You may use any materials provided to you as part of the Mednefits Applications solely in connection with your use of the Mednefits Applications in accordance with any rules made available by Mednefits from time to time.
11. Responsibility for Content.
12. Content License From You.
You hereby grant to Mednefits a transferrable, sub-licensable, royalty free, irrevocable, perpetual right and license to use, copy, distribute, display, modify and create derivative works of the Content for the purpose of the provisions of the Mednefits Applications (the “License”), but excluding non-public messages you send through Mednefits to another Mednefits user. You represent, warrant, and covenant and can demonstrate to Mednefits’s full satisfaction upon request that you (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share provide, transmit, or display on or through the Mednefits Applications does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content or the exercise of the License by Mednefits or third parties on or through the Mednefits Applications, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to Mednefits. You agree to waive any moral rights worldwide you may have in the Content for the purposes of the Mednefits Applications.
13. Intellectual Property Rights.
You do not acquire hereby any Intellectual Property Right in or relating to the Mednefits Applications or any materials you access or use through the Mednefits Applications. The Mednefits Applications contains materials owned or licensed by Mednefits. As between you and Mednefits, Mednefits owns and retains all rights in the materials and the Mednefits Applications. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials or the Mednefits Applications and agree not to not use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using the Mednefits Applications.
14. Your Responsibilities.
At all times you must comply with all the terms of this Agreement, including the following (which constitutes a “Mednefits Code of Conduct”):
a) The safety of every Service Provider and user of the Mednefits Applications (a “Member”) on the Mednefits platform is of utmost concern. This Mednefits Code of Conduct exists so that both Service Providers and Members have a shared and understood standard for safety, accountability, mutual-respect and common-courtesy.
b) Mednefits maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse. It is unacceptable to refuse to provide or accept Services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable provincial, federal or state law. This type of behaviour can result in permanent loss of access to the Mednefits Applications. Mednefits expects that all Service Providers and Members will treat one another with respect and courtesy during all interactions, in-person or otherwise, including being on-time for all scheduled appointments.
c) You may not submit, post, send, use, share, provide, transmit, or display spam, unsolicited messages or any violent, discriminatory, illegal, infringing, hateful, pornographic, obscene or sexually suggestive photos or other Content (as defined below) via the Mednefits Applications.
d) You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
e) You are responsible for all use of the Mednefits Applications by you and your representatives and for all use of your credentials, including use by others to whom you have given, or made available, your credentials.
f) You agree that you are responsible for keeping your password safe and secure.
g) You agree that you are responsible for all data charges you incur through the use of the Mednefits Applications.
h) You understand and agree that Mednefits is not responsible for the materials (as defined below) posted or otherwise provided on or through the Mednefits Applications and that you use the Mednefits Applications and all materials at your own risk.
i) You are solely responsible for your interaction with other users, Service Providers and Customers found using the Mednefits Applications, whether online or offline. You agree that Mednefits is not responsible or liable for the conduct of any Service Provider or any other member of Mednefits. Mednefits reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users, Customers or Service Providers.
If you violate any of the rules in this Mednefits Code of Conduct, Mednefits may take appropriate action, including suspending your ability to use the Mednefits Applications and, at Mednefits’s discretion, terminating this Agreement.
15. Operation of Services.
Mednefits reserves the right to change, suspend, remove or disable access to the Mednefits Applications and any Content and materials for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, or your violation of the Mednefits Code of Conduct or any other term of this Agreement, without liability to you, and at any time without notice.
You expressly acknowledge and agree that use of the Mednefits Applications is at your sole risk and that the entire risk to satisfactory quality and performance is with you. The Mednefits Applications are provided on an “as is” basis. As such, Mednefits disclaims all warranties and conditions, whether express or implied, statutory or otherwise about the Mednefits Applications to fullest extent permitted by law.
18. Apple's Limitations.
In the event of any failure of the Mednefits Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Mednefits Applications to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the Mednefits Applications. In the event of any third party claim that the Mednefits Applications or your possession and use of the Mednefits Applications infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
19. Maintenance and Support.
You acknowledge that Mednefits has no obligation to furnish any maintenance and support, except where required by law. To the extent that any maintenance or support is required by applicable law, Mednefits, not Apple, shall be obligated to furnish any such maintenance or support.
20. Product Claims.
Mednefits, not Apple, is responsible for addressing any claims by you relating to the Mednefits Applications or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Mednefits Applications fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
21. Governing Law and Dispute Resolution.
22. Exemption of Liability.
IN NO EVENT WILL MEDNEFITS (OR ANY OF ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, SUPPLIERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS) BE LIABLE FOR DEATH OR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MEDNEFITS APPLICATIONS, CONTENT OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) AND EVEN IF MEDNEFITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall indemnify, and hold harmless Mednefits, its affiliates, shareholders, and each of its employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third party claims or demands that arise from or relate to your use of the Mednefits Applications, any materials or Content, and (ii) from any breach of any representation, warranty or covenant herein.
24. Third Party Beneficiary.
You and Mednefits agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary.
25. Territorial Restrictions.
You agree that the Mednefits Applications will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The information provided within the Mednefits Applications is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mednefits to any registration requirement within such jurisdiction or country. Mednefits reserves the right to limit the availability of the Mednefits Applications or any portion of the Mednefits Applications, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Mednefits provides.
If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of Mednefits and the remaining terms of the Agreement will remain valid and enforceable.
27. No Waiver.
Mednefits’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.
28. Contact Information.
Should you have any questions, complaints, or claims relating to the Mednefits Applications, please contact us at email@example.com. You can find this Agreement by visiting Mednefits.com.