Terms of Use
General
The Wellness Platform (the “site”) is a digital wellness platform owned and operated by United Health Services Corporation o/a Manitoba Blue Cross (“Manitoba Blue Cross”, “us” or “we”). By using this site, you are agreeing to be bound by these Terms of Use and our Privacy Policy.
IMPORTANT! YOUR ACCESS TO THE SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE SITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE.
You can view, print, download or save these Terms of Use at any time, under the “Terms and Conditions” link that appears on our website.
Informational Purposes Only
Information on this site, including but not limited to, Wellness Assessments, hypertext links, articles, videos and/or other resources, is for informational purposes only and is not intended to replace consultation, advice, diagnosis or treatment from a professional, such as health care, mental health care, social, psychological, financial, or any other professional. You should seek independent professional advice from a person who is licenced and/or qualified in the applicable area before relying on any information found on the site.
If you are in crisis, in need of immediate assistance or are experiencing thoughts of suicide, please do one of the following:
· Call 911 or your local emergency services
· Contact the Klinic Crisis Line at 204-786-8686 or 1-888-322-3019
· Go to the emergency ward of your local hospital
Access to Content
No Guarantee or Warranty
Access to the site is provided “as is” and without warranties of any kind, either express or implied. By accessing and using the site, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the site.
WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, FITNESS, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
If you upload or transmit confidential, personal information, trade secrets, or other sensitive or restricted content to the site, you are solely responsible for implementing safeguards beyond the security measures provided by us. You acknowledge that, subject to our compliance with the terms of these Terms of Use, you upload or transmit this information at your own risk.
Links to Other Websites and Third-Party Information
The site may include content provided by third parties, including from third-party licensors, as well as links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion and we do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Neither us nor our subsidiaries,
affiliates, and their and our respective directors, officers, shareholders, members, employees, agents, service providers, contractors, licensors, licensees, successors, personal representatives and heirs (as the case may be) or their assigns, have any responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third-party materials. We specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third-party information.
Limitation of Liability, Release and Indemnity
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THESE TERMS OF USE, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) ANY USE OR NON-USE OF THE SITE BY YOU OR ANY OTHER PERSON; OR (E) ANY DUTY AT LAW OR IN EQUITY. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USE AND THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE AND OFFER THE SITE WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THESE TERMS OF USE, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF THE SITE.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS(INCLUDING LEGAL COSTS), CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT ON INTELLECTUAL PROPERTY RIGHTS.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION, THE TERMS “WE”, “US” AND “OUR” SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, PERSONAL REPRESENTATIVES AND HEIRS (AS THE CASE MAY BE) AND THEIR ASSIGNS.
Website Security
Manitoba Blue Cross respects your privacy and takes protecting it seriously. We use commercially reasonable efforts to safeguard and accurately maintain personal information, consistent with industry security standards and backup procedures.
Sensitive information (such as login credentials or bank account information) is stored within secure databases, using industry standard data protection systems. Manitoba Blue Cross uses a secure sockets layer (SSL) to protect your sensitive information, in addition to other physical, technological and organizational safeguards.
Email Security
Email is not a secure means of communication. As information could arrive late or incomplete, contain viruses, or be intercepted, corrupted, lost or destroyed, no email transmission can be guaranteed to be secure or error-free. Manitoba Blue Cross does not accept liability for any errors or omissions in the contents of its messages or for any loss or damage arising from the receipt or use of email transmission.
Email Phishing Policy
Manitoba Blue Cross will not send unsolicited emails that contain web-site links or ask for confidential information such as your password, certificate number, etc. We will not ask you to validate or restore your access through unsolicited email. Please do not respond to unsolicited emails containing website links, especially those that request personal information. This policy was designed to protect our clients from email phishing attacks. Please report any suspicious requests to Manitoba Blue Cross immediately by contacting us by phone at 204.775.0151 or toll-free at 1-888-596-1032 or by email at MIS.SecurityOffice@mb.bluecross.ca.
Modification to the Site and these Terms of Use
We reserve the right to restrict, suspend, revoke or terminate or otherwise change any aspect of the site for any reason whatsoever. We may modify all or one or more parts of these Terms of Use at any time. We may provide notice to you of such revisions by means of a general notice on the site. Your continued use the site after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review these Terms of Use.
Account Registration and Access
You have the option to register an account (an “Account”) on this site which will allow you to save your results, track your progress and get personalized wellness recommendations. Registering an Account may require you to submit certain information, including, without limitation, information about your benefit plan, your name, email address and a password. You are solely responsible for maintaining the confidentiality of your password, security question (if applicable) and all activities that occur under your Account. Therefore, you should protect your password and any other personal security authentication and make your password difficult for others to guess. When you register, you agree to provide accurate, current, and complete information about yourself and update it as necessary. You will not use another person’s Account or allow another person to use your Account.
We reserve the right to refuse registration of Accounts, or to cancel any existing Accounts that we deem to be inappropriate, in our sole discretion. We are not responsible for updating your Account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third-party rights.
Consent to Electronic Communication
When you use the site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices and information to your Account or otherwise through the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically through the site satisfy any legal requirement that such communications be in writing or signed.
Conflict of Laws
We are physically located, and the activities with respect to the site, take place within the Province of Manitoba, Canada. These Terms of Use will be governed by the laws of the Province of Manitoba and the laws of Canada applicable in Manitoba and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. You agree that the site shall be deemed a passive website solely based in Canada and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Canada.
Agreement in English
You agree that these Terms of Use and all documents related to it will drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Copyright
© 2023. Manitoba Blue Cross. All rights reserved. The content in this site may not be reproduced, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of Manitoba Blue Cross.
Trademark
®*The Blue Cross symbol and name, Colour of Caring and mybluecross are registered marks of the Canadian Association of Blue Cross Plans, independently licensed by Manitoba Blue Cross. The use and display of our and other's trademarks in this site does not imply that a license of any kind has been granted.
*†Blue Shield is a registered trade-mark of the Blue Cross Blue Shield Association.
Ownership of Content
For the purposes of these Terms of Use, “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all copyright rights and analogous rights, rights in relation to inventions or discoveries, including patent rights, designs, circuit layouts, trade names, brand names and registered and unregistered trademarks, including service marks and moral rights.
All materials related to the site, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and information belonging to other users (the “Content”), and all related Intellectual Property Rights in and to the Content, are now and will remain the exclusive property of us and our licensors.
Except as expressly provided in these Terms of Use, nothing in these Terms of Use shall be deemed to create a licence in the Content or under any Intellectual Property Rights. Except as permitted by these Terms of Use, you agree not to sell, licence, provide access to, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content or the site more generally. Use of the Content and the site for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
You retain ownership in and to materials you submit to us, including comments and other content (collectively, “Your Content”), but you agree to grant us a royalty-free, sub-licensable, irrevocable licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the site. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of these Terms of Use. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness.
More Information
If you have any questions about this site, these conditions, or Manitoba Blue Cross's products or services, please contact us at 1-888-596-1032.
