Effective Date: Oct. 13, 2016
I. Introduction and Eligibility
The Wellness Station is a state of the art self-service health screening device owned by higi SH llc. (“higi”), designed to provide consumers the convenience of measuring key health indicators, such as blood pressure, heart rate, total body weight, body and mass index (BMI) as part of wellness services provided to and operated for Loblaws Inc. in Canada and powered by higi (collectively the “Wellness Services”).The Wellness Services are convenient, easy to use and offer clinical-grade health screenings. You may use the Wellness Station as an anonymous user (“Anonymous User”) or as a registered station user (“Registered User”). Registered Users are those who create an account on either the Wellness Station or the Wellness Station website, yourwellnessstation.ca, (the “Wellness Station Website”) so that you may keep track of key health indicators, use the Services and share information with your Loblaw Pharmacy or DRUGStore Pharmacy, as you choose.
We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes in which case we will post an updated version on this page, and you agree you will review it and any updates regularly. Your continued use of the Wellness Station and the Wellness Services means you accept any changes.
Binding Agreement. These Terms constitute a binding agreement between you and Loblaws Inc. and its affiliates, subsidiaries and licensors including higi SH llc (“Loblaw”,” “we,” “us”). “You” and “users” shall mean all visitors to the Wellness Station, the Wellness Station Website and users of the Wellness Services. You accept these Terms each time you access and use the Wellness Services. If you do not accept these Terms, you must not use the Wellness Services. If you are under the age of majority in your province, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Wellness Services.
Revisions to Terms. We may revise these Terms at any time by posting an updated version and if you are a Registered User, by sending you an email. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Wellness Services after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Wellness Services.
II. The Wellness Services
The Wellness Services include any websites, mobile applications, and other services under the control of Loblaw, whether partial or otherwise, in connection with providing an online or digital platform for provision of the Wellness Services, including yourwellnessstation.ca and the Wellness Stations. The Wellness Services provide a platform that gives you the ability to store and track your own personal information, including certain health-related information and to share it with your Loblaw Pharmacy or DRUGStore Pharmacy should you so choose.
The Wellness Services do not give medical advice.
Medical Advice. The Wellness Services do not give medical advice.. The information and materials available through the Wellness Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. The Body Measurements and other information in your account may not always be accurate, complete, or up-to-date and should be used for informational purpose only. You assume full risk and responsibility for the use of information you obtain from or through the Wellness Services. In addition, we do not recommend or endorse any third party provider of health care or health-related products, items, or services.
Permission to Use the Wellness Services. We grant you permission to use the Wellness Services subject to the restrictions in these Terms.Your use of the Wellness Services is at your own risk, including the risk that you might be exposed to User Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
III. Children Are Not Eligible to Use the Wellness Station or the Wellness Services
Children. No part of the Wellness Services are directed to persons which have not reached the age of majority in their respective province. IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR PROVINCE, PLEASE DO NOT USE OR ACCESS THE WELLNESS STATION OR THE WELLNESS SERVICES AT ANY TIME OR IN ANY MANNER, UNLESS YOU POSSESS THE LEGAL CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO ACCESS AND USE THE WELLNESS SERVICES.
IV. Your Account
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Wellness Services.
You represent and warrant that the information you provide to Loblaws upon the licensing of the Wellness Services and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Wellness Services, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Wellness Services and to preserve the confidentiality of your username and password, and any device that you use to access the Wellness Services
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Loblaw by e-mail at email@example.com. You will be solely responsible for the losses incurred by Loblaw and others due to any unauthorized use of your account. Loblaw shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.
Loblaw may communicate with you for customer service-related purposes by email or posting notice on the Wellness Station and/or on the Wellness Services.
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Text Messages from the Services. By providing Loblaw your mobile telephone number and requesting that we communicate information to you by text message in connection with the Wellness Services, you consent to receive customer service-related text messages at that number as requested. Standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting STOP in reply to text messages from the Wellness Services. You may also be able to change your text message preferences using the Wellness Services by modifying such preferences through your account, if you are a Registered User.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using the Wellness Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Wellness Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Wellness Station and/or through the Wellness Services or by sending an email to you.
VI. Ownership of Intellectual Property
Loblaw owns or has rights to all of the content we make available through the Wellness Station and the Wellness Services, but you may use it as you use the Wellness Services. You cannot use our trademarks or those of higi, without our written permission.
The contents of the Wellness Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Wellness Services Content”). All Wellness Services Content and the compilation (meaning the collection, arrangement, and assembly) of all Wellness Services Content are the property of Loblaw, higi or our third party licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by Loblaw, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Wellness Services Content, in whole or in part. You agree that you will not share your user credentials except as specifically authorized by Loblaw in writing.
License to You. We authorize you, subject to these Terms, to access and use the Wellness Services and the Wellness Services Content solely for the personal use of the Wellness Services, at our discretion, and do not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Wellness Services Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Wellness Services Content on any copy you make of the Wellness ServicesContent. You agree not to display or use in any manner the trademarks in the Wellness Services Content.
Loblaw Marks: Loblaw, Loblaws and other Loblaw logos and product and service names are or may be trademarks of Loblaws Inc. (the “Loblaw Marks”). Without our prior written permission, you agree not to display or use in any manner the Loblaw Marks.
higi Marks: higi, the higi logo, and other higi logos and product and service names are or may be trademarks of higi (the “higi Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the higi Marks.
VII. Intellectual Property Rights and Your License to Use
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Loblaw Claims No Ownership. The Wellness Services may provide you with the ability to create, post, or share content (“Your User Content”). Loblaw claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Wellness Services. You are responsible for protecting those rights.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Wellness Services, any right, title, or interest in or to such content delivered via the Wellness Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
The Wellness Services contain content from users and other Loblaw licensors and licensees. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Wellness Services.
VIII. Suggestions and Submissions
Loblaw does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like.
Should you ignore this policy and submit an idea to Loblaw, you agree that the idea becomes and remains the sole and exclusive property of Loblaw without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favour of Loblaw. If you respond to Loblaw with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Loblaw, and your submission of information shall constitute an assignment to Loblaw of all worldwide rights, titles, and interests in such information. Loblaw will not be liable for any use or disclosure of such information. Loblaw will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Loblaw will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. We appreciate hearing from our users and welcome your comments regarding the Wellness Station and the Wellness Services, but we do not seek to solicit any confidential proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its sites, products or any new products or services. By submitting information, you warrant that Loblaw may publish such information, use it as part of its operations, and incorporate its concepts into Loblaw products or services without liability or compensation to you.
IX. Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using the Wellness Station or the Wellness Services and relying on the Wellness Services Content available through the Wellness Services.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users, including but not limited to comments, “likes,” status updates, user activity, photos, and user-to-user messages (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Wellness Services you accept the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Wellness Services. Loblaw does not endorse any, nor is it responsible for, User Content on the Wellness Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Wellness Services, try to break it, or steal our hard work.
You agree to use the Wellness Station and the Wellness Services only for their intended purpose. You must use the Wellness Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Wellness Station Services are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Wellness Services, user accounts, or the technology and equipment supporting the Wellness Services;
2. frame or link to the Wellness Services without permission;
3. use data mining, robots, or other data gathering devices on or through the Wellness Services;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. disclose personal information about another person;
6. harass, threaten, stalk, abuse, or post objectionable User Content;
7. sell, transfer, or assign any of your rights to use the Wellness Services to a third party without our express written consent;
8. post advertising or marketing links or content, except as specifically allowed by these Terms;
9. use the Wellness Services in an illegal way or to commit an illegal act in relation to the Wellness Services or that otherwise results in fines, penalties, and other liability to Loblaw or others; or
10. access the Wellness Services from a jurisdiction where it is illegal or unauthorized.
X. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Wellness Services.
We reserve the right to suspend or terminate your account and prevent access to the Wellness Services for any reason, at our discretion. We reserve the right to refuse to provide the Wellness Services to you in the future.You understand and agree that Loblaw does not pre-screen User Content, but that it has the right to refuse or to remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Wellness Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Wellness Services.
We are not liable for the actions of users when they use the Wellness Stations or the Wellness Services. We may also change the Wellness Services at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Wellness Services or other websites.
Changes to the Wellness Services. We may change, suspend, or discontinue any aspect of the Wellness Services at any time, including hours of operation or availability of the Wellness Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Wellness Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Loblaw of all claims, demands, and damages in disputes among users of the Wellness Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Wellness Services.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Wellness Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Wellness Services. Use the Wellness Stations and the Wellness Services at your own risk.
Third-Party Websites. The Wellness Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Wellness Services.
Released Parties Defined. “Released Parties” include Loblaw, higi and its affiliates, officers, directors employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Wellness Stations and the Wellness Services at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WELLNESS STATIONS AND THE WELLNESS SERVICES IS AT YOUR SOLE RISK, AND THE WELLNESS STATIONS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE WELLNESS STATIONS AND/OR THE WELLNESS SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WELLNESS STATIONS AND THE WELLNESS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WELLNESS STATIONS AND/OR THE WELLNESS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE WELLNESS STATIONS OR WELLNESS SERVICES WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE WELLNESS STATIONS OR THE WELLNESS SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WELLNESS STATIONS AND WELLNESS SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Wellness Stations and/or the Wellness Services. If you use the Wellness Station and/or the Wellness Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WELLNESS STATIONS AND/OR THE WELLNESS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WELLNESS STATION OR THE WELLNESS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WELLNESS SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE WELLNESS STATIONS OR THE WELLNESS STATION SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Wellness Services Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XII. General Terms
For all Canadian residents, to the extent permitted by law, you agree that the laws of the Province of Ontario, Canada govern any use of Wellness Stations and the Wellness Services, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of the Wellness Station or the Wellness Services or material from them. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims. If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.