Terms and Conditions

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GENERAL


We’re committed to providing you with the highest quality care.

Please read these terms carefully so that you understand them. These terms cover all the services we provide to you in Canada through our healthcare app or other platform (“App”) and through the Canadian website www.telus.com/babylon (“Website”) (all services accessed through the App and Website, “Services”). These terms also apply to any order or purchase you make or receive through the App or Website, including Charges in relation to a consultation with one of our Practitioners (defined below). By accessing the App or Website or by placing a consultation request, you agree to be bound by these terms whether or not you have read them. Please read these terms carefully and print a copy for your records.

Any reference to “Babylon”, “we”, “our”, “us” and “Company” are references to Babylon Health Canada Ltd, incorporation Number,BC1168360, with its registered office located at Suite 2600, Three Bentall Centre, P.O. Box 49314, 595 Burrard Street, Vancouver BC V7X 1L3, Canada. Any reference to TELUS or TELUS Health is to Telus Health Solutions Inc.

Regardless of any branding referring to TELUS or TELUS Health, you agree that Babylon is the sole provider of all Service through the App and Website. You agree that you are entering into an agreement solely with Babylon and not TELUS Health. Notwithstanding this, your data may be shared with TELUS Health as set out in our Privacy Policy.

When you use our Services that involve healthcare practitioners, our healthcare practitioners will serve you from Canada, and, where required, from your Province of residence.

These terms include details on our complaints procedure and what is required from you to provide the Services. You will be asked to accept these terms as part of your account registration. We may update the terms from time to time, and if your rights change we will always notify you of this. If you do not agree to, or cannot comply with, these terms as amended, you should not use the App or Website. You will be deemed to have accepted these terms as amended if you continue to use the App or Website after any amendments are made.

The way we work is simple: we’re here to serve you and strive to ensure you have the best possible experience. We hold ourselves to the highest legal and ethical standards and value hearing from you. If you have any questions or ideas, or if you need to provide notice to us, don’t hesitate to get in touch in the following ways: 1-855-577-8838 and support@babylonbytelushealth.com.

We would like to remind you that:

  • In some provinces we provide health and medical advice via our video and audio doctor consultations (not available in all provinces or territories). Today, this feature is currently only available in British Columbia, Alberta, Ontario, Quebec and Saskatchewan.
  • Except where we provide clinical services via our video and audio consultations with our Practitioners (“Clinical Services”), the Services, including our digital healthcare tools, (i.e. our Symptom Checker, Healthcheck and Monitor) within the App do not provide medical advice, diagnosis and/or treatment and do not form part of the Clinical Services. Except for Clinical Services, the output from the Services also does not constitute medical advice, diagnosis or treatment. You should always talk to a qualified medical professional about any questions you may have about a medical condition. If you think you have a medical emergency, you should call your doctor or emergency services immediately.
  • The delivery of Clinical Services forms a relationship between you and the Practitioner. Babylon may provide Practitioners with technology, maintenance and support to enable the delivery of Clinical Services, but Babylon is not a party to that relationship.
  • Presentation of possible matches: our symptom checker may present a list of conditions to a user. These are listed in the order of how closely the conditions match the symptoms entered, based on symptom prevalence for conditions which are taken from publicly available medical resources. The order in which conditions are listed does not in any way indicate the likelihood of the user having or not having a condition.
  • Some conditions are not suitable for remote advice and we recommend that you check our FAQs prior to use of the Services which may help you in assessing their suitability in relation to your symptoms (see sections B and I).
  • We need certain information from you in order to provide Services (see section C).
  • You must not use the App or Website for emergency medical needs (see section B). In the event of a medical emergency, call 911 immediately or attend your nearest emergency room.
  • The App is only to be used by adults and certain minors in accordance with section G below.

These terms include descriptions of each section, in bold text. These descriptions are to help you understand the terms, but they are not part of the terms.

A) ABOUT US

About us and our Services Our Website and App provide information services and digital healthcare software services through our digital healthcare tools.

In certain provinces, we provide clinical and other healthcare services (“Clinical Services”) via our video and audio consultations with qualified medical professionals (“Medical Professionals”) and allied health professionals (“Allied Professionals”) (Medical Professionals and Allied Professionals, together being “Practitioners”). Our Clinical Services, where available, are provided using Practitioners based in Canada and, where required, from your Province of residence.

B) OUR SERVICES

What our Services cover, and what you need to check yourself when you use our Services

  • We provide our Services using our App and the Website, and communication methods such as email. Our Services include various healthcare information and wellness tools, including (i) symptom checker; (ii) Healthcheck and (iii) monitor tools, all described further below ,
  • You should not use our Services in an emergency, or if you have a condition that you know will require an in-person examination.
  • Our symptom checker will provide different types of information to you based on, amongst other things, the symptoms entered. One possible output of the symptom checker is the more detailed next steps someone experiencing the symptoms entered would usually take (“Triage”). The other possible output is general medical information on the types of conditions that people who have experienced similar symptoms have had, which may include less detailed typical next steps.
  • For our Healthcheck tool:
    • Healthcheck is an information and educational tool to help you understand risk rates for certain conditions based on the information entered. It may provide information on factors which are known generally to help achieve a healthy lifestyle.
    • By completing and submitting the Healthcheck questionnaire, our software provides a report based on general statistical information of certain diseases and conditions (“Report”). Neither the Report, nor other outputs from Healthcheck, constitute medical advice, diagnosis or acts as a substitute for a doctor.
    • Reports are produced on the basis of information you enter only and are based on general statistical information and risk factors only. Reports are responsive to information entered, but are not personalised to you. We will not be able to provide information on risk factors which are not entered.
    • Any decisions you make affecting your health should always be made in consultation with a doctor, and decisions should not be made on the basis of our Healthcheck service.
    • Healthcheck should not be used in an emergency. In the case of an emergency you should contact the emergency services and/or your doctor in the usual way. You may learn about statistical risks of disease which may cause distress. You should not use this feature if you do not wish to learn such information.
  • For our Monitor service:
    • Monitor is able to display clinical data and other fitness and wellness related data regarding you for monitoring.
    • Monitor is a wellness tool, it is not a medical device and should not be used for diagnosis or treatment of any condition. It is intended as an information aid only.
    • Data may be input into Monitor as follows:
      • manually by you; and
      • through third party devices or data streams which connect with the App (for example, wearable devices).
    • Monitor enables the display of data only and limited to the receipt of data from the above sources. Monitor does not provide diagnostic or other advice or recommendations and may not provide a complete or up to date record of your health at any given time.
    • It is your responsibility to ensure the data stored in Monitor is current and up to date. We do not update or monitor the data held in your account nor accept responsibility for ensuring that all activity through the App is logged for monitoring.
    • Monitor may make use of data feeds from third party providers which you provide access to. You acknowledge and agree that available data feeds may vary from time to time, that we make no guarantee that any particular data feed will be available or available at a particular time, and that data feeds may require your authorization in order to be accessible to you via the App.
    • Monitor may display certain information relating to you derived from data stored for you (for example, body mass index) and recognized guidelines or general wellbeing articles. You should note however that any such display or information provided is based on generic data and assumptions and is not designed to be and should not be used for personalized advice. Any information provided by Monitor should therefore be treated as a general guide and is not a substitute for personal medical advice or diagnosis. It will in addition be based on a number of assumptions that may or may not be accurate or applicable to you. No responsibility is taken for any action or omission that you may take based on in connection with or in reliance upon any information shown in Monitor.
  • We strongly encourage you to discuss any information you receive from us with your family doctor or usual medical practitioner.
  • While certain information controlled, generated by, displayed within or stored in the App may be helpful in providing warning of certain medical or health conditions or circumstances, the App is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.
  • Except for our Clinical Services, all our other Services, such as our symptom checker, Healthcheck and monitor tool, provide healthcare information and not medical advice, diagnosis and/or treatment. If you choose to submit details about your symptoms in the App, the information returned to you is general health information and no Practitioner is involved in providing the information. Our information services are not a substitute for a doctor or other healthcare professional. Where the information returned indicates that the symptoms entered suggest further medical advice may be necessary, you acknowledge that you are responsible for seeking such advice from your family doctor or other medical professional. You shouldn't take or stop taking any action (such as taking medicines) based on information from our information services. We make no warranties in relation to the output of our information services
  • Where available, our Clinical Services include:
    • remote video and voice consultations with our Practitioners;
    • where appropriate through use of our Clinical Services, our Medical Professionals may prescribe medicines (see section H);
    • access to healthcare records we hold; and
    • access to other digital healthcare tools that provide health and lifestyle information.
  • For our Clinical Services:
    • Currently, Clinical Services will only be made available to you if you are a temporary or permanent resident of either British Columbia, Alberta, Ontario, Quebec or Saskatchewan, whether or not physically in the applicable Province or Territory at the time that you request the Clinical Services (the “Residency Requirements”).
  • By using the App and Clinical Services, you represent and warrant that you, or any registered dependent, meet the Residency Requirements at the time that the Clinical Services are provided. Some medical conditions are not suitable for remote consultations via our Clinical Services, and you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our Clinical Services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received.
  • We provide our Clinical Services using reasonable skill and care from appropriately qualified, and experienced, Practitioners. If you think that our Services have not met this standard, please contact us as soon as possible. We will re-perform, without Charge, any Services we agree do not meet this standard.
  • Medical Professionals are family physicians licensed with the physician regulatory body in their province and/or territory of practice, who have committed to provide Services in accordance with clinical best practice and applicable professional standards.
  • Allied Professionals are registered with the applicable regulatory body in their province and/or territory of practice and have committed to provide Services in accordance with best practice and applicable professional standards.
  • We do not guarantee the availability of any particular Practitioner at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations with Medical Professionals are generally limited to 10 minute durations, unless the concerns raised mean that a longer duration is deemed appropriate. In situations were the concern is more complex or includes multiple issues, you may be advised to book a follow up appointment.
  • Practitioners may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our Services are defective.
  • We do not tolerate abuse or offensive behaviour towards Practitioners.
  • Medical Professionals will not prescribe medicines unless it is, in their judgement, in their patient's best interests. As with any other medical consultation, no results can be guaranteed or assured: your Practitioner may determine that Clinical Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Clinical Services to you through the App.
  • You agree that any prescriptions you acquire from a Medical Professional are solely for the personal use of the individual named on the prescription. You agree to fully and carefully read all provided product information and labels, and to contact a physician or pharmacist if you have any questions regarding the prescription or medication.
  • You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the App or Website.
  • Practitioners have the discretion to refuse or discontinue the provision of Clinical Services to any user at any time, including for actual or potential misuse of the Clinical Services by a user.
  • Not a Replacement for Primary Care. Please note that interaction with Practitioner through the App is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. You should seek emergency help or follow-up care when recommended by the Practitioner. Unless we receive your explicit consent and instruction to do so, we will not provide your family physician with a report about the Clinical Services that you receive through the App. So your family physician can take into consideration these Clinical Services, including any prescriptions, it is always advisable that you advise your physician about the Clinical Services you receive, including the issues that caused you to request them. The App enables you to send a summary of your Services to a physician of your choice.

      C) WHAT WE NEED FROM YOU IN ORDER TO PROVIDE SERVICES

      We can’t provide our Services without certain information and other things from you

      • We rely on an accurate record of your use of Services in order to do this. Please do not therefore register more than once for our Services.
      • We may need to ask you for certain personal information in order to provide our Services. If you do not provide this information when requested or in accordance with these terms, we may be unable to provide our Services. Our use of your personal information is governed by our Privacy Policy. You must be careful that:
        • any information you give to us or a Practitioner, or enter into the App is accurate and in English; and
        • if you have any concerns about the information we provide you or any information in the App or on the Website, you seek further medical advice.
      • Where available, for Clinical Services, you must be careful that:
        • you follow any instructions you are given by Practitioners;
        • you follow any instructions regarding the use of any medicines or healthcare products we recommend or prescribe (including in respect of use-by dates);
        • you report any adverse or unexpected effects of treatments we recommend to us;
        • you keep any medicines we give you securely and do not allow others (especially children) to use them;
        • you tell us if any of our information about you is or becomes inaccurate or incomplete; and
        • you use our Services only for yourself, unless you are helping a child further to section G.

      D) TECHNICAL REQUIREMENTS FOR USING THE APP

      The App includes software provided by people other than the Company, and uses certain data that you provide to it in order to work. Our FAQs set out these requirements. If you wish to use the Services, you should ensure you have an internet-enabled device and a sufficient internet connection available.

      E) REGULATION OF OUR SERVICES

      Accessing our Services outside Canada

      • Our Services are available to adults, and to children in accordance with section G.
      • Practitioners providing the Clinical Services (video and/or audio appointments with our Practitioners), where available, are physicians licensed with the physician regulatory body in the case of Medical Professionals or any other applicable regulatory body in the case of Allied Professionals, in their province and/or territory of practice.
      • The Services are for use in Canada only. We don’t take responsibility for laws outside of Canada governing access to our Services and if you use them elsewhere you should check in that country or region that it is appropriate and lawful for you to do so. We provide our services in compliance with Canadian law and regulation, and cannot take responsibility for any differences between those rules and any different rules applying to healthcare Services anywhere else.

      F) VARIATION OF TERMS BY PROVINCE OR TERRITORY

      In order to comply with local requirements, some of these terms may apply differently or vary depending on the province in which you reside:

      • All Clinical Services, where available, are provided by Practitioners who are licensed to practice medicine or other health treatments (as applicable) in British Columbia, Alberta, Ontario, Quebec or Saskatchewan, who may or may not be physically located in those provinces at the time of any consultation:
        • These Clinical Services are available to residents of British Columbia, Alberta, Ontario, Quebec or Saskatchewan, either through:
          • The provincial medical services plan, if you are eligible, or
          • Through your employer who has partnered with us under our BusinessPlus service (where consultations will be charged based on negotiated rates with your employer),
          • Or alternatively, if you are not insured or not eligible for the public health plan, you will be required to pay a private fee (Charge) per Practitioner consultation. Where this is the case, it will be explicitly stated and the price of our Services will be set out on the Website or App.
      • In all other provinces and territories than those mentioned in this Section F, Clinical Services are not currently available.
      • In provinces where Clinical Services are being provided we may charge you the full cost of any consultation if you:
        • Cancel your consultation with a Medical Professional less than 2 hours prior to the start of the consultation; or
        • Cancel your consultation with an Allied Professional less than 24 hours prior to the start of the consultation; or
        • Attend your consultation past the advertised start time of the consultation; or
        • Do not attend your consultation. If you attend your consultation more than 10 minutes past the advertised start time of the consultation, you will be deemed to have not attended.

      For the avoidance of doubt in these circumstances the full cost of the consultation shall be payable by you even if it would normally be covered by your public health plan.

      G) CHILDREN AND OUR SERVICES

      Adults can use our Services on behalf of children, but children shouldn't use our Services themselves

      • Children under 16 may have an account opened for them by a parent or legal guardian, and if the parent or legal guardian supervises the child’s use of our Services at all times.
      • Young people between 16 and the age of majority in their province / territory of residence may use our Services and open their own account with us, but only if an adult has agreed to such use and agreed to use of their credit card for the payment of any Charges.
      • We may suspend Services or terminate user accounts if we reasonably suspect that they are being used in breach of the restrictions in these terms.

      H) MEDICINES

      How medicines are prescribed to you

      • In Canada, physician services are provided by Medical Professionals licensed with the physician regulatory body in their province and/or territory of practice.
      • The medical license or registration number of all Medical Professionals, past or present, can be supplied upon request. All doctors who have signed up to provide prescriptions through the Company’s systems have undertaken to comply with all applicable laws and regulations and professional standards and guidelines related to the practice of medicine, including prescribing requirements.
      • We offer a pharmacy locator feature and can send prescriptions to a pharmacy of your choice.
      • Our Medical Professionals are not permitted to prescribe certain kinds of medications as part of the Clinical Services, including prescriptions for controlled drugs or substances or narcotics (as defined by the Food and Drug Regulations and Controlled Drugs and Substances Act), non-therapeutic and other drug products which may be harmful because of their potential for abuse.
      • When you access Clinical Services through the App, our Practitioners may refer you to laboratory or testing centres, contact a lab or test centre, and/or arrange for you to undertake a test independently.

      I) LIMITS ON OUR SERVICE

      Limitations and restrictions on the use of our Services

      • Babylon reserves complete and sole discretion with respect to the operation of the App and the Services.
      • We may suspend your access to Services or terminate your account with us if your use of Services breaches any of these terms. In addition, we may withdraw, suspend, discontinue any functionality or feature of the Website, App or Services for any reason, including if our Services are affected by events outside our control. Technical or security threats or issues affecting the Infrastructure may require us to suspend our Services in order to ensure they are secure and/or operating optimally. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimize the interruption to our Services. If there is the risk of a delay of more than 2 weeks to service performance, you may cancel your agreement with us (and we may do the same). We will minimize these suspensions, but are not responsible to refund Charges or compensate you if they occur.
      • It is possible that the Website or App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the App by third parties. In the event that an inaccuracy arises, please inform Babylon so that it can be corrected. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier or information. We are not responsible for maintaining information arising from use of the App or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the App or the Services in accordance with our internal record retention and/or destruction policies.
      • The App has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

      J) ACCESSING OUR SERVICES

      How to access our Services, and other terms concerning access

      • Our Services are accessed remotely using the internet, data networks and devices which can access the internet (“Infrastructure”) and operate the App and our Websites. We make the App and our Websites available for access using Infrastructure, but are not responsible for Infrastructure ourselves.
      • When you use the App or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail, SMS, or device push notifications or by posting notices, alerts, prompts, information fields or other information through the App as is necessary to deliver the Services to you.
      • We operate anti-virus and malicious software prevention measures on the Websites and our App, but we cannot guarantee that our Services will always be virus-free. You should ensure that your devices used to access Services are protected against viruses and malicious software. You must not use or expose the App or the Websites to virus or malicious software contamination.
      • You must not attempt to gain unauthorized access to the Services, App or Website. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.

      K) CHANGES TO THESE TERMS

      What happens if we change these terms

      We may need to amend these terms sometimes, for example, when the rules regulating our Services change, in order to ensure that our Services are secure and your information is safe, or when we update or modify our Services or Charges. If we make a change to these terms that materially impacts the Service or affects your rights or obligations, we will notify you.

      In such a case, Babylon will send you at least thirty (30) days before the amendment comes into force, a written notice drawn up clearly and legibly, by email (to the email address provided to Babylon, with the understanding that you are responsible for ensuring the email address is up to date) setting out the new clause, or the amended clause, and the clause as it read formerly as well as the effective date of the amendment. The user will have the right to refuse the amendment and terminate the Agreement without incurring any cost, penalty or cancellation charges, by sending a written notice to this effect to Babylon no later than thirty (30) days following the effective date of the amendment, if the latter has the effect of increasing your obligations or reducing Babylon’s obligations.

      L) HOW WE MAY USE YOUR PERSONAL INFORMATION

      How we use your information

      Our Privacy Policy sets out how your personal information will be used by us, which can be accessed as part of the account registration process, via the App, and on our Website. We use your personal information in accordance with our Privacy Policy. Please take the time to read it as it includes important details about how we secure and process your data.

      M) CONSULTATION RECORDINGS

      For Clinical Services available in certain jurisdictions, we record consultations and this explains why:

      • With your consent, we record your consultations with us. Details of how we protect and use such recordings are set out in our Privacy Policy.
      • Consultation recordings should not be published on social media or any other media sharing platforms.

      N) PRICE AND PAYMENT

      If applicable, how we calculate the price you pay us for our Services and how you pay us

      • Some of the Services on the App and Website are free and available to all in Canada and other Services are only available in certain provinces and may be subject to certain fees (“Charges”).
      • In province(s) where Clinical Services are available, a Charge may apply for your consultation with a Practitioner if you are not insured or eligible for the consultation through the public health plan. A Charge may also apply if you cancel or do not attend your consultation with a Practitioner as set out in section F.
      • All such Charges will be explicitly disclosed to you when you request Clinical Services through the Website or App and you are responsible for paying all Charges applicable to the Services you requested. You agree to pay Babylon any applicable cancellation Charge and the Charge amount set out as the “TOTAL” in the “Payment” summary step. All Charges are in Canadian dollars and include all applicable taxes and/or other charges.
      • Our Charges per Practitioner consultation, or for any other Services, may change at any time, but price changes will not affect any Services that you have already ordered.
      • Certain Canadian jurisdictions may provide you with specific cancellation rights. Babylon will respect all such applicable law.
      • We will usually invoice you for Services at the time you order them. Any amounts Charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or on the Website or App.
      • You can pay for Services using a credit card issued in Canada. When placing an order for Services, your billing address must correspond to the address of your credit card, otherwise we will not be able to process your order. By giving us your credit card information, you authorize Babylon to charge the applicable card the Charge amount and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be processed and Babylon will have no obligation to fulfill your order.

      O) OUR LIABILITY TO YOU

      • Any claim you bring under these terms may solely be brought against Babylon and not TELUS.
      • To the extent permitted by law, in no event will Babylon or its suppliers or partners, be liable to you for indirect, general, incidental, consequential, exemplary or other damages even if we have been advised of the possibility of such damages. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of these terms or any fundamental breach of these terms.
      • Except for any express warranties relating to the Clinical Services contained within these terms, our software and Services are provided on an ‘as is’ basis without a warranty of any kind being provided by us. To the extent permitted by law, Babylon disclaims all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, including but not limited to warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title and non-infringement of third party rights.
      • Subject to applicable law, we will not be liable to you for an amount greater than the Charges paid to us by you.
      • If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election).
      • We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.
      • We supply the Services for private personal use and we are not responsible for any losses you suffer arising out of the use of the Services which are business losses.
      • We design our Services, the App and the Website with the objective of keeping your personal health information and information secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorized access to your data where it results from you not following these instructions and advice.
      • You agree that Babylon is the sole provider of all Services provided through the App and Website and any claim you bring under these terms may solely be brought against Babylon and not TELUS Health Solutions Inc.

      P) OUR BRAND AND CREATIVE MATERIAL

      The basis on which you use our App, Website and Services

      • We own copyright and other intellectual property rights in the App, Website, our Services and their content (“Babylon IPR”).
      • You are permitted to use Babylon IPR in order to receive our Services, store it on your device and print copies of it for your personal use. You may communicate material containing Babylon IPR to your family doctor or another medical practitioner. You are not permitted to copy, distribute or make any business use of Babylon IPR. You must not remove or obscure any notices regarding Babylon IPR.
      • Our “Babylon” mark, logo, combined mark and logo and other marks indicated in our App are our trademarks of the Company or its affiliates. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of TELUS Health Solutions Inc., other businesses or our affiliates or Partners.

      Q) LICENCE AND APP USE

      You are allowed to use the App but not copy it or distribute it

      • We grant you a limited licence to access and make personal use of the App and not to modify it, or any portion of it, except with our express written consent of the Company. This licence does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
      • The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the permission or licence granted by the Company.
      • You may not use any logo or other proprietary graphic or trademark of ours, our Partners or affiliates without our express written permission.
      • The App or any Service may contain links to other independent third party websites (“Third party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third party Sites, including the purchase and use of any products or Services accessible through them.
      • If any open-source software is included in the App, the terms of an open-source licence may override some of the terms set out in this section.

      R) CANCELLATION AND TERMINATION

      You may de-register or cancel your agreement to use the App or Website at any time by contacting us via the App or Website. You may end your agreement with us:

      • at any time should you wish to leave the Service;
      • if the Services are unavailable for reasons outside our control as set out in section I or for technical reasons as set out in sections D and J;
      • if you do not like a change we propose to make to these terms under section K; or
      • if we have failed to re-perform Services not provided to the standards set out in section B.

      Babylon reserves the right to terminate any user’s access or use of the App at any time, for any reason, including:

      • if the Services are unavailable for reasons outside our control as set out in section I;
      • if you do not comply with the conditions on use of Services set out in sections G and I;
      • if you break any other term of this agreement and do not make good that break within 7 days of when we ask you;
      • if you do not pay us any Charges on time; or
      • for any other reason, at any time.
      • If we end our agreement with you then we will have no further obligation to provide access to our Services.

      S) COMPLAINTS AND DISPUTES

      What happens if you have a complaint about our Services or disagree with us about anything to do with these terms

      • You can always give us feedback on our Services by calling or emailing us via the details provided in the ‘Our Mission’ section above.
      • If you have a complaint about our Services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.
      • If you wish to make a formal complaint about our Services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘Our Mission’ section above. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
      • Our Practitioners are registered healthcare professionals, and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to our Practitioners and to our Services, and following our complaints procedure.
      • We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us.
      • If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.
      • These terms are governed by the laws of the province of British Columbia and the laws of Canada applicable therein unless the applicable laws of your province of residence requires the laws of such province to govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the Website or App will be in the courts of the province of British Columbia unless required otherwise by applicable laws in your province of residence. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.

      T) OTHER IMPORTANT TERMS

      Other provisions explaining how we may exercise our rights under these terms

      • We may assign or transfer our rights and obligations under these terms without notice or approval from you.
      • As our Services are personalized, you may only transfer your rights or your obligations under these terms to another person if we agree.
      • The agreement for our Services is between you and us, and no-one else. Only you can enforce this agreement (although a parent or guardian may enforce their agreement on behalf of a person under the age of majority whose use of our Services is allowed under section G).