Our terms of use

Last updated: November 1, 2021

These terms and conditions of use (“Terms of Use”) govern your use of the online interfaces and properties (e.g., websites) owned and controlled by Webcare Group Limited and its affiliates, including the ca.treated.com website (collectively, the “Site”), as well as the Services (defined below) available to users through the Site.

Webcare Group Limited (“Treated,” “we,” “us,” and “our”) contracts with healthcare professionals regarding online telehealth and telepharmacy consultations and secure messaging between physicians, pharmacists, and other healthcare professionals (individually the “Provider” and collectively, the “Providers”) and their patients and clients. The professional services (which are provided by the Providers) and the non-clinical Site services (which are provided by Treated) are collectively referred to in these Terms of Use as the “Services”.

Your acceptance of, and compliance with, these Terms of Use are conditions to your use of the Site and the Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, and any privacy notices provided to you by Providers, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or the Services; promptly exit this Site.

Binding Arbitration

These Terms of Use provide that all disputes between you and Treated that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Treated.

Privacy Practices

You agree that information provided by you in connection with the Services and the Site shall be governed by the Treated Privacy Policy, which is hereby incorporated and made a part of these Terms and Conditions. You agree that information provided by you in connection with the Services shall also be governed by the Providers, which are also hereby incorporated and made a part of these Terms and Conditions.

We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Services Provided – No Medical Care or Advice by Treated

We offer an online communication platform for patients and clients to connect to Providers via the Site through the use of asynchronous telecommunications technologies. The Site facilitates communication between patients and clients and their Providers.

Treated does not provide advice or care. Treated contracts with Providers, who provide clinical telehealth and telepharmacy services. Providers deliver clinical services via the Treated platform to their patients and clients. Providers are independently contracted or employed and are not employed by Treated. Providers, and not Treated, are responsible for the quality and appropriateness of the advice and care they render to you. Treated and Providers do not provide any legal advice or representations in any way regarding any legal issues associated with advice, care, information, goods, or services offered by a Provider, including any compliance obligations or steps necessary to comply with any provincial or federal laws and regulations.

Providers are independent of Treated and are merely using the Site as a way to communicate with you. Treated does not hold records on behalf of Providers nor is it a health information custodian under applicable laws. Providers are responsible for holding their own records of the health care they provide in accordance with applicable laws.

Any information or advice received from a Provider comes from them alone, and not from Treated. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular healthcare professionals or primary care physician. Neither Treated, nor any of its subsidiaries or affiliates or any third party who may promote the Site or the Services or provide a link to the Services, shall be liable for any professional advice obtained from a Provider via the Site or the Services, nor any information obtained on the Site. Treated does not recommend or endorse any specific Providers, tests, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Services is solely at your own risk, and you assume full responsibility for all risks associated herewith.

Treated does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Services. You will be provided with available Providers based solely on the information you submit to the Site.

The content of the Site and the Services, including text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional advice, diagnosis, treatment, or recommendations of any kind by Treated. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.

All information provided by Treated, or in connection with any communications supported by Treated, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by provincial or federal law. While Treated facilitates communications with Providers, Treated does not provide healthcare services, and the healthcare professional-patient relationship is between you and the Provider.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

The Site and the Services are NOT for medical emergencies or urgent situations. You should not disregard or delay seeking professional advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 911 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary healthcare provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or healthcare decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your healthcare records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Prescription Policy

Neither Treated nor Providers endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, they will limit supply based upon provincial laws and regulations, and will only prescribe a medication as determined in their own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe controlled substances or scheduled medications, or certain other drugs that may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a qualified healthcare professional if you have any questions regarding the prescription.

Not an Insurance Product

Neither Treated nor any Provider is an insurer. The Services are not insurance products, and the amounts you pay to Treated or any Provider are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

Availability of Services

Treated and Providers operate subject to applicable laws, and the Services may not be available in your province. You represent that you are not a person barred from enrolling for or receiving the Services under applicable laws. Access to and use of the Site or the Services is limited exclusively to users located in provinces within Canada where the Services are available and permitted by applicable law. The Services are not available to users located outside of Canada or in any jurisdiction in Canada where the Services are prohibited by applicable law. Accessing the Site or the Services from jurisdictions where content is illegal, or where we do not offer the Services, is prohibited.

Ordering and Purchasing of Services or Products

Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that your order will be accepted. We may require additional information regarding your order if you have not provided all the information required. Once a properly completed order and authorization of your form of payment is received, we will process your order for shipment by the pharmacy Provider. If, for some reason, we determined that the pharmacy Provider cannot ship your order within thirty (30) days following its receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing

In the event that a product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the products or Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

Risk of Loss

All products purchased using the Site are delivered to shipment carriers by the pharmacy Provider. The risk of loss and title for such products pass to you from the pharmacy Provider when they are delivered to the carrier.  At no point does title or risk of loss pass to or through Treated.

Online Payments

You can purchase services and items using the Site. To simplify the user experience on the Site, you are able to pay for your purchases via the Site with Treated serving as payment processing agent on your behalf. If you elect to purchase a Service from a healthcare Provider or an item (e.g., a prescription product) from a pharmacy Provider, then the total price you pay includes the amount charged by healthcare Provider for the Service, as well as the amount charged by the pharmacy Provider. We also charge a subscription fee for you to use and access the Site and its features via your user account. We collect the amounts charged by the pharmacy Provider and healthcare Provider on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by the healthcare Provider for the Services, the pharmacy Provider for the prescription products, and us for the online subscription fee. 

We accept credit and debit cards issued by Canadian banks. If a credit card account is being used for a transaction, Treated may obtain preapproval for an amount up to the amount of the payment. If you enrol to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. 

If you are making online payments, you represent and warrant that: (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honoured by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. 

You will be given the option to add several credit cards to your account as payment options, with one of these as your default option. If payment from your default option is not authorized or fails, we will automatically attempt to take payment from one of the other credit cards you have registered with your account.

Subscription Terms 

If you purchase a subscription to the Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking pause in your patient member profile. 

If you cancel your subscription, your account will automatically close at the end of your current billing period. Treated may change the price for your Treated subscription, from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.

Eligibility; Site Access, Security and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your account with Treated (“Account”), including by providing Treated with your name, mailing address, phone number and email address. You agree not to provide any User Information (defined below) under a false name or impersonate or misrepresent your identity, or falsely state or misrepresent your affiliation with a person or entity. You will not incorrectly identify the sender of any message transmitted to Treated or alter the attribution or origin of electronic mail, messages or postings.

You are solely responsible for maintaining the confidentiality of your username and password. You agree not to share your username and password and not to allow anyone else to use your Account. You agree to immediately notify Treated of any actual or suspected unauthorized use of your Account or other security concerns of which you become aware.

You agree not to access the Site or use the Services in any unlawful way or for any unlawful purpose. Your access to the Site may be suspended, discontinued or revoked by Treated immediately at any time with or without cause and without any liability to Treated or any Provider.

You are prohibited from violating or attempting to violate the security of the Site. Without limiting the generality of the foregoing, you will not (a) gain or attempt to gain unauthorized access to the Site or any of our data; (b) probe, scan or test the vulnerability of the Site; (c) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (d) use robots or scripts with the Site, (e) use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site (f) deep-link to any feature or content on the Site (g) bypass our robot exclusion headers, or other measures that we may use to prevent or restrict access to the Site, (h) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (i) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; or (j) harvest or collect information, including any personal health information, about any other individual who uses the Site or the Services.

You may not. Violations of system or network security may result in civil or criminal liability. Treated may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Electronic Communications

When you use the Site or the Services, or send e-mails, messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Treated and any Provider may contact you by telephone, mail, or email to verify your Account information. Treated and Providers may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

Ownership Of The Site And Related Materials; Additional Restrictions

All pages within the Site and all information available through the Site, including the files, documents, text, photographs, images, audio and video, and any materials accessed through or made available for use or download through this Site, are the property of Treated, or its licensors or suppliers, as applicable. The Site is protected by Canadian and international copyright and trademark laws. 

Treated retains all right, title and interest in and to the Site, the Services and any information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed by Treated or Providers (in that case, the license provider retains all right, title, and interest therein). You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. 

Treated may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

Use, reproduction, copying, or redistribution of Treated’s or Providers’ trademarks, service marks and logos are strictly prohibited without the prior written permission of Treated or Providers, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Treated, Providers, or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Subject to these Terms of Use and the payment of all applicable fees, Treated grants you a revocable, non-transferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Treated or its licensors, suppliers, publishers, rights holders, or other content providers. 

Neither the Site nor the Services nor any part of the Site or the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Treated. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Treated without express written consent. You may not use any meta tags or any other "hidden text" utilizing Treated’s name or trademarks without the express written consent of Treated

You may not misuse the Site or the Services. You may use the Site and the Services only as permitted by applicable law. 

No Users Under 18 Years Old

In order to access the Site and the Services, you represent and warrant that you are older than 18 years of age. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us.

Accuracy of Information; Functionality

Although Treated attempts to ensure the integrity and accurateness of the Site and the Service descriptions, Treated makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, the Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Treated so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Treated shall have no responsibility or liability for information or content posted to the Site from any non-Treated affiliated third party.

Treated and Providers each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies and applicable laws.

Links to Other Sites

Treated makes no representations or warranties whatsoever about any other website that you may access through this Site. When you access a non-Treated site, please understand that it is independent from Treated, and that Treated has no control over the content on that website. In addition, a link to a non-Treated website does not mean that Treated endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

User Information

If you submit, upload, post, or transmit any message, data, information, health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Treated and Providers that you have the legal right and authorization to provide all User Information to Treated and Providers for use as set forth herein and required by Treated and the Provider.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Treated respects the intellectual property rights of others and expects its users to do the same. In accordance with applicable law, we will respond promptly to notices of alleged infringement that are reported to Treated’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Copyright Notice") complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Copyright Notice:
    "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.
    Deliver this Copyright Notice, with all items completed, to us at:
    Treated
    WEBCARE Group
    62-66 Deansgate
    Manchester
    England
    M3 2EN
    Telephone: +44 207 043 0716
    Email: customercare-ca@treated.com
CASL and Telephone Consumer Protection Act Compliance

Treated is committed to being compliant with the Canadian anti-spam legislation (“CASL”). In the event that you receive an email or text message from us which you do not believe is fully compliant with the CASL, please contact us immediately at the address listed below under the section “How to Contact Us.”

You shall not use or permit any of your employees, agents or affiliates to market, promote or solicit Treated services in ways that would violate CASL or any other applicable laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with all applicable laws relating to export and the transmission of technical data and regulated materials via the Internet. Your Account will be terminated for any of the above infractions.

Disclaimer of Warranties

TREATED DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TREATED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. TREATED DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, OR DISTRIBUTED BY TREATED ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY TREATED OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. TREATED DOES NOT GUARANTEE THAT, THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. PROVIDERS DO NOT PRESCRIBE CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH THE SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TREATED DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY APPLICABLE LAW, AND WITHOUT LIMITATION:

TREATED SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. TREATED AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TREATED TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

No Third Party Rights

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Treated, Providers and their affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Treated, Providers and our and their respective affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Treated, Providers and our and their respective affiliates.

Assignment

You may not assign, transfer or delegate these Terms of Use or any part hereof without Treated’s prior written consent. Treated may freely transfer, assign, or delegate all or any part of these Terms of Use, and any rights or duties hereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Site, including products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Treated agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including the law on punitive damages as applied by courts in Canada. You agree that, by agreeing to these Terms of Use, any dispute between us will be resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. You and Treated are each hereby waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Treated.

If you desire to assert a claim against Treated, and you therefore elect to seek arbitration, you must first send to Treated, by certified mail, a written notice of your claim ("Notice"). The Notice to Treated should be addressed to: WEBCARE Group, 62-66 Deansgate, Manchester, England, M3 2EN ("Notice Address"). If Treated desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Treated, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If Treated and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Treated may commence an arbitration proceeding in accordance with these Terms of Use. During the arbitration, the amount of any settlement offer made by Treated or you shall not be disclosed to the arbitrator.

YOU AND TREATED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Treated agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If the arbitration terms and conditions of this Section 18 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in the courts of the Province of Ontario.

Force Majeure

We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or our privacy policy due to any event or occurrence beyond our reasonable control, including acts of God, terrorism, war, invasion, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

Indemnification

You agree to defend, indemnify and hold harmless Treated, Providers and any of our and their respective affiliates, directors, officers, employees, agents and representative from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs and legal fees of any kind whatsoever arising directly or indirectly out of or in connection with:

  1. your use or misuse of the Site, Services or any information posted on the Site;
  2. your breach of these Terms of Use or the Privacy Policy;
  3. any violation or alleged violation of any applicable law or regulation, including anti-spamming rules;
  4. the content or subject matter of any information you provide to Treated or any Provider or customer service agent;
  5. any User Information you upload to or transmit through the Site or any breach of Section 11; or
  6. any negligent or wrongful act or omission by you in your use or misuse of the Site, Services or any information on the Site, including infringement of third party intellectual property rights, privacy rights or negligent or wrongful conduct.
Revisions; General

Treated reserves the right, in its sole discretion, to suspend, revoke or terminate your access to all or part of this Site, with or without cause, and with or without notice. Treated reserves the right in its sole discretion to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms of Use. In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Treated and you pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site. For purposes of these Terms of Use, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms of Use as a whole.

Copyright/Trademark Information. Copyright ©2021 Webcare Group Limited. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

How to Contact Us:
WEBCARE Group, 62-66 Deansgate
Manchester, England, M3 2EN
Email: customercare-ca@treated.com
Phone: +44 207 043 0716

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