Terms & Conditions

Fees and Services
The Client shall pay to Wellpoint all amounts owed upon execution of this agreement by personal cheque, debit or credit card. The Client acknowledges that any cancellations will be subject to an administrative charge as set forth in the cancellation policy below.

Clients Acknowledgments
The Client acknowledges and agrees that:

• The amounts paid by the client to Wellpoint pursuant to this agreement do not constitute payment for, and are not covered for or reimbursable by any government health insurance programs, any private health insurance or by any third party payment (collectively, the “Payors”) that provide health related benefits.
• The plan is not intended for and does not act as a replacement of any program offered by any of the Payors.
• The client shall be personally responsible for any amounts charged by the physicians and/or healthcare providers for providing (i) any services not expressly agreed to or which are ancillary thereto; and (ii) any services that exceed the number of occasions of services that are to be provided under this plan.

Limitation to the Provision of Services
The services will only be provided within the boundaries of the greater Toronto area. The Client acknowledges and agrees that the services provided by Wellpoint only represent coordination and access to the physicians and/or healthcare providers, and in no event shall Wellpoint be deemed or construed to be the provider of any such medical services, or in any way be liable for any of the services provided by an physician and/or healthcare provider of any act or omission thereof.

Refusal of Services
Wellpoint shall have the right to decline or refuse to provide the services if any information provided by the Client is untrue, inaccurate or incorrect.

Appointment Cancellation Fees
In the event that the Client decides to cancel any scheduled appointment with respect to the services, Wellpoint shall be provided with forty eight (48) hours notice of such cancellation, and the client will be reimbursed for any amounts paid less a $250 administration fee. Any less than forty eight hours notice will result in the total amount of fees being payable to Wellpoint.

Termination
Wellpoint may terminate this agreement by giving thirty (30) days prior written notice to the Client, in the event of a Force Majeure. In addition to any other rights and remedies, Wellpoint may immediately terminate this agreement without notice in the event of a material breach by the Client under this agreement and/or any other agreements, instruments, understandings between Wellpoint and the Client or in the event that the Client engages in any act of omission that Wellpoint, acting reasonably deems to constitute abuse of the plan.

Confidential Information
Wellpoint shall not use or disclose any information of the Client which is personal and confidential in nature for any purpose other than to exercise or perform Wellpoint's obligations under this agreement without the prior consent of the Client or as required by law. WellPoint’s policy for the collection and use of confidential information is available upon request.

Waiver
The Client hereby unconditionally and irrevocably waives any and all right to commence, assert, pursue and/or participate in any action, cause and/or claim against Wellpoint, its affiliates, subsidiaries, and their respective officers, directors, employees, agents, shareholders, legal representatives, successors and assigns, at any time or times for or by reason of any cause, matter or thing whatsoever arising directly or indirectly under this agreement, including but not limited to the plan, save and except for gross negligence and any breach of Wellpoint’s Confidential Information obligation contained in this document.

Prohibited Use
Wellpoint does not under any circumstance; authorize the use of any of the services set forth in the statement of services for the benefit of any non-resident of Canada.

Client Information
The Client shall provide Wellpoint with particulars by completing the applicable information questionnaire(s) provided by Wellpoint upon the execution of this agreement. The Client represents and warrants that all the information provided to Wellpoint is true, accurate, and correct at all times during the term and that should any such information change the Client shall promptly provide Wellpoint with the correct information.

Additional Payment Terms and Overdue Amounts
Save and except and otherwise provided for herein, the Client agrees that any and all amount due and payable by the Client to Wellpoint under this agreement are due upon execution of this agreement and any and all overdue amounts are subject to interest at a rate of one percent (1%) per month (12.68 % per year), both before and after judgment until all amount outstanding and all interest applicable thereon has been satisfied in full by the Client.

General provisions

• Assignment-This agreement may not be assigned by the Client in whole and in part, without the prior written consent of Wellpoint.
• Force majeure-Wellpoint shall not be liable to the Client for any failure or delay in fulfilling any obligation hereunder, if said failure or delay attributable to circumstances beyond its control, including, but not limited to, any fire, labor dispute or government measure ( a “force majeure”). The parties here to agree that the deadline for fulfilling the obligation in question shall be extended for a period of time equal to that of the continuance of the force majeure.
• Severance-If any term or provision in this agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this agreement but the validity and enforceability of the remainder of this agreement shall not be affected.
• Governing law-This agreement shall not be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein and the parties hereto hereby irrevocably attorn to the exclusive jurisdiction of the courts of the province or Ontario.
• Notices-All notices under the terms of this agreement shall be delivered to the addresses or facsimile number set forth in this agreement. All notices shall be deemed to have been received when they are hand delivered, or within five (5) business days of their mailing or on the business day following the day of facsimile transmission.
• Entire agreement and no amendment-This agreement and all schedule attached hereto constitute the entire agreement between the parties with respect to the subject matter hereof and shall replace all prior promises and understandings, oral or written. This agreement may only be amended by written agreement duly executed by authorized representatives of the parties hereto.
• Interpretation-Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders. “Business day” means any day Monday to Friday on which the principal chartered banks in the city of Toronto are open for business during normal banking hours.
• Limitation by law-Notwithstanding anything contained herein, the parties hereto acknowledge and agree that Wellpoint shall not be responsible for the provision of and services which is or becomes prohibited by law.
• Opportunity to review-The Client acknowledges and agrees that he has had ample opportunity to read, review and get legal advice in relation to this agreement prior to its execution. The Client acknowledges and agrees that he fully understands the contents of this agreement and is executing this agreement voluntarily.