Terms of Service

Terms of Service

Walkin last updated these Terms of Service (this “Agreement”) on May 20, 2023. The current version of the Agreement may be found at https://walkin.ca/terms-of-service.

1. Acceptance

It is important that you read all the following terms and conditions carefully. This Agreement sets forth the terms and conditions that apply to your access and use of the internet website and the information technology platform located at https://www.walkin.ca (collectively, the “Site”), owned and operated by Walkin.ca Health Inc. (“Walkin”, “we”, “our” or “us”), and the services available thereon (the “Services”), including without limitation the services that enable you to access telehealth services (healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location) provided by healthcare organizations and providers registered to practice in British Columbia, Canada (collectively, “Authorized Providers”) and certain other health-related services. Such healthcare and health-related services provided by Authorized Providers are defined in this Agreement as “Healthcare Services.”

DO NOT USE THE SITE OR SERVICES FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

By accessing or using the Site or Services or clicking on the “I accept” or similar button, and/or by permitting your registered dependent to access and use the Site or Services, you are indicating your acceptance to be bound by this Agreement and Walkin’s privacy policy located at https://walkin.ca/privacy-policy (the “Privacy Policy”). Walkin may update this Agreement or the Privacy Policy at any time, without notification to you, and you should review this Agreement and the Privacy Policy before requesting Healthcare Services.

2. Ability to enter into this Agreement

In order to enter into this Agreement you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you.

To access the Site and the Services, you must also be a temporary or permanent resident in the areas of British Columbia, Canada listed below or have otherwise entered into a Governing Law and Jurisdiction Agreement with the applicable Authorized Provider (“Residency Requirement”):

Vancouver, Burnaby, Richmond, New Westminster, Coquitlam, Port Coquitlam, Port Moody, Surrey, Delta, Tsawwassen, White Rock, Langley, Abbotsford, Pitt Meadows, or Maple Ridge.

You represent and warrant that you meet the Residency Requirement, and if you cease to meet the Residency Requirement, you must cease using the Site and Services.

If you are entering into this Agreement on behalf of a registered dependent, you represent, warrant and covenant that you are authorized to act for your registered dependent and more particularly to make decisions regarding their healthcare. In this Agreement, unless the context otherwise requires, references to “you” and “your” refer to both you and your registered dependent.

3. General information is not medical advice

The Materials available on the Site and the Services are for informational purposes only and do not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Walkin. All information provided by you to Walkin in connection with registering with Walkin to access the Services (such as your personal information or nature or your medical condition or the service you are seeking) and all information provided by Walkin to you, or in connection with any communications supported by Walkin, is intended to be for general information or administrative purposes only and does not substitute medical advice and shall not be deemed to constitute communication with your Authorized Provider.

4. No physician-patient relationship

While Walkin facilitates your selection of, and communications with, Authorized Providers, Walkin does not provide Healthcare Services or medical or healthcare advice or care, and no information or Materials available on the Site should be deemed to be healthcare advice.

This Agreement or the performance of the Services by Walkin shall not create a doctor-patient between you and Walkin. Only regulated health professionals may provide Healthcare Services. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. Authorized Physicians are physicians registered to practice medicine in the Province of British Columbia, Canada. Authorized Non-Physician Providers are regulated health professionals other than physicians (such as psychotherapists, physiotherapists, dieticians, nurse practitioners or nurses) registered to practice their profession in British Columbia, Canada.

5. Relationship with Authorized Providers

Authorized Providers are independent of and not employed by Walkin and are merely using the Site as a way to communicate with you or made available for your informational purposes.

Any information or advice received from an Authorized Provider comes from them alone, and not from Walkin. Walkin does not recommend or endorse any specific Authorized Providers, tests, physicians, medications, products, or procedures. Walkin does not provide your primary care provider with a report of the Healthcare Services that you receive, unless you specifically request that Walkin do so. Any Healthcare Services provided by Authorized Providers through the Service are not intended to take the place of appointments with your regular primary care provider or to replace in-person healthcare and assessment.

The Authorized Providers, and not Walkin, are responsible for the quality and appropriateness of the care they render to you, including compliance with standards of care, record-keeping and other professional obligations and compliance with privacy law. Walkin does not make any representations or warranties about the training or skill of any Authorized Providers or the availability of the Authorized Providers. You will be provided with available Authorized Providers based solely on the information you submit to the Site. You are ultimately responsible for accepting to receive physician services from the Authorized Provider selected by Walkin and Walkin is not a party to any doctor-patient relationship formed between you and an Authorized Provider. You acknowledge that your reliance on any Authorized Providers or information delivered by the Authorized Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Neither Walkin, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from an Authorized Provider via the Site or Service, nor any information obtained on the Site.

Your Authorized Provider may recommend that you attend Walkin’s physical clinic, located at 1 – 12818 72nd Ave, Surrey BC, V3W 2M9. Walkin’s physical clinic has limited operating hours and appointment availability is subject to change.

6. Risks of telehealth services

By using the Services, you acknowledge the potential risks associated with telehealth services and you agree to use the Services with full understanding of the potential risks. 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 health care decision making by the Authorized Provider;
• delays in evaluation or treatment could occur due to failures of electronic equipment;
• a lack of access to your medical 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;
• electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings;
• electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the Authorized Provider or the patient and it is your responsibility to follow-up or confirm the intended recipient has received your communications; and
• even after copies of electronic communications have been deleted, back-up copies may exist on a computer system.

7. Healthcare Services acceptable use and conduct

As a term and condition of receiving the Services under this Agreement, you acknowledge and agree to the following:

• As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason;
• You are responsible for providing the Authorized Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services;
• The following symptoms are NOT eligible to be treated through the Healthcare Services: chest pains; difficulty breathing; fever in children under the age of 6 months; blackouts or feeling like you may blackout; seizures; any impairment in level of consciousness; stroke like symptoms such as impaired sensation or paralysis to one side of your body; inability to speak or comprehend language; any abdominal pain severe enough that you are unable to comfortably walk, or any other condition which you feel requires emergency attention;
• The Province of British Columbia has established the provincial pharmacy network and database known as “PharmaNet”. Authorized Providers may access your personal health information contained within PharmaNet for the purpose of providing therapeutic treatment or care to you, or for the purpose of monitoring drug use by you;
• You will not report drug reactions, side effects or adverse events through the Site. You will report any medication reactions, side effects or other adverse events to your primary care provider, or if you do not have one, to the nearest walk-in clinic or emergency room, or in an emergency, call 911; and
• You will seek emergency help or follow-up care when recommended by an Authorized Provider. You should always follow up with your Authorized Provider if you had any medical investigation done. If your Authorized Provider does not contact you following your medical investigation, you should not assume the lack of contact means that no follow-up care is required.

8. Prescriptions

Walkin is not a pharmaceutical manufacturer or an online pharmacy. Walkin does not endorse any specific medication, pharmacy, or pharmacologic product.

Authorized Providers may prescribe you a medication only where they have an ongoing treating relationship with you. Authorized Providers may limit supply based upon 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. Authorized Providers do not prescribe controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Authorized Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from an Authorized 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 physician or pharmacist if you have any questions regarding the prescription.

9. Intellectual property rights

All material available on the Site and all material and services provided by or through Walkin, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Walkin grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you for your personal and non-commercial use of the Services. You are not permitted to download, copy or otherwise store any Materials.

This section does not apply to User Content (as defined below); however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Walkin related to the Services, the Site or Walkin or its business (“Feedback”) are and will be Walkin’s exclusive property without any compensation or other consideration payable to you by Walkin, and you do so of your own free will and volition. You hereby assign all rights on a worldwide basis in perpetuity to Walkin in any Feedback and, as applicable, waive any moral rights.

Walkin retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information or personal health information and which has been manipulated or combined to provide generalized, anonymous information. You are still responsible for any and all personal information and personal health information that is part of any User Content (as defined below).

For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual, and “personal health information” is any health information about an identifiable individual, each as defined in our Privacy Policy.

10. Linking

11. User Content

The Site and the Services available thereon enable you to provide or upload content, including but not limited to messages, materials, data, text, photos, videos, and other information or content (collectively, “User Content”), to Walkin for the purpose of providing the Services or as otherwise permitted under this Agreement. You acknowledge and agree that you are solely responsible for all User Content you submit, provide or upload and the consequences for submitting, providing or uploading it.

Walkin will use User Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, or otherwise providing any User Content on or through the Site and/or the Services, you grant to Walkin a worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such User Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your User Content in order to provide the Services. To the extent any User Content contains personal information or personal health information, such information will be treated in accordance with our Privacy Policy.

12. Website acceptable use and conduct

You agree that you will not publish or make available any User Content that, or use the Site, Healthcare Services or Services in a manner that:

• infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

• contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information or personal health information in a misleading manner or for fraudulent or misleading purposes;
• is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
• is harmful to minors in any way;
• is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Walkin;
• impersonates a Walkin employee, an Authorized Provider or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
• interferes or attempts to interfere with the proper working of the Site, or Services or prevents others from using the Site, or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;
• uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
• facilitates the unlawful distribution of copyrighted content;
• except as expressly permitted by Walkin, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing or service bureau use;
• includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the Site or Services to users;
• stalks or otherwise harasses anyone on the Site or Services or with information obtained from the Site, or Services;
• collects, uses or discloses data, including personal information or personal health information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
• requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
• attempts to gain unauthorized access to the computer systems of Walkin, Authorized Providers, or any of Walkin’s third party providers, or engages in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
• decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other Walkin technology;
• copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
• accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
• accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
• accesses the Site to upload any User Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.

You acknowledge that Walkin may suspend or terminate your access to the Site or the Services at any time and without notice to you if Walkin determines that you have not complied with the acceptable use and conduct requirements set out above.

13. Your profile information and Account

Walkin uses various third party account and platform service providers (“Third Party Providers”) to manage account creation and to electronically store medical records. To use our Services, you will need to sign up for an account with the applicable Third Party Provider (“Account”). By entering into this Agreement you authorize us to provide your information to the applicable Third Party Provider, and you acknowledge and agree such applicable Third Party Provider’s terms will govern your agreement and interactions arising from your use or access to your Account. We are not responsible for any errors made by Third Party Providers.

When registering for an Account, you will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your information. You represent and warrant to Walkin that you have not misrepresented any information in creating your Account.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are solely responsible for all activities that occur under your Account. If you become aware of any unauthorized use of your Account, you are responsible for notifying Walkin immediately. It is your responsibility to update or change any Account information, as appropriate.

14. Consent to receive communications

When you use 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 consent to receive communications from Walkin and Authorized Providers 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. Walkin and Authorized Providers may contact you by telephone, mail, or email to verify your account information. Walkin and Authorized 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 Services until you provide the information to us as requested.

By providing your mobile number, you are agreeing to be contacted by or on behalf of Walkin and Authorized Providers at the mobile number you have provided, including calls and text messages, to receive information relating to the Services. Message and data rates may apply. To stop receiving text messages use the “Unsubscribe” link at the bottom of each text message and follow the instructions, or contact privacy@walkin.ca. We may confirm your opt out by text message. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.

In the case of any newsletter or other marketing initiatives from Walkin, you can withdraw your consent to receiving those communications and unsubscribe to any Walkin subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting []. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.

15. Fees

Current pricing is available at https://walkin.ca/pricing. Unless otherwise agreed to by Walkin, fees will be billed immediately upon the booking of each instance of Healthcare Services. Refunds will only be provided if a scheduled instance of Health Services is cancelled more than 12 hours prior to the scheduled provision of Healthcare Services.

We reserve the right to modify our billing rates at any time by posting such fee changes to the Site or through email notification to you. You will be liable to pay such modified billing rates.

Walkin will charge you a fee of $50.00 if you cancel your scheduled appointment within 12 hours of the time of the appointment or if you do not show up for your appointment.

Walkin may permit a third party (for example, an employer or insurer) (a “Third Party Payer”) to pay fees, for some or all Healthcare Services, other than for such Healthcare Services that are payable under publicly funded applicable medical services plan or program. In these circumstances, Walkin has a contract with the Third Party Payer under which the Third Party Payer may disclose your personal information or personal health information (including your name, email address and other contact information) or matters related to payment of fees for some or all Healthcare Services provided to you. Please consult the Privacy Policy for more information about the personal information or personal health information we collect from Third Party Payers. Walkin is not a party to and has no control over any agreement between you and any Third Party Payer. Coverage provided by a Third Party Payer does not release you from the obligation to comply with this Agreement.

If you purchase any Healthcare Services, you agree that Walkin, or our third party service providers, may store your credit or charge card information. You expressly agree that we are authorized to charge you (i) a fee for any applicable Healthcare Services you receive, (ii) any other fees for Services you may purchase, (iii) any charges for use of the Services in excess of the usage or other limits placed on your use of the Services (and you hereby consent to such charges and agree we are not required to notify you of any such charge in advance) and (iv) any applicable taxes in connection with your use of the Services to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees.

16. Taxes

All fees for Healthcare Services are in Canadian dollars and inclusive of all applicable taxes.

17. Disclaimer of warranties

YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY USER CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WALKIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WALKIN DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY HEALTHCARE SERVICES OR THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Walkin is not responsible for the acts or omissions of, or for the failings of, any third-party provider of any content, service, network, software or hardware, including but not limited to, internet service providers, account creation and hosting services utilized by Walkin, emergency medical record service providers, telecommunications providers, content provided by other users, or any software or hardware not provided by Walkin.

The Site and Services are offered and controlled by Walkin from its facilities in Canada. Walkin makes no representations that the Site or Services are appropriate or available for use in other locations. Those who access or use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18. Limitation of liability

To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability in the manner set out herein, including for consequential or incidental damages, Walkin’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law.

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL WALKIN OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS (EVEN IF WALKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT.

WALKIN’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU OR ON YOUR BEHALF TO WALKIN, WHICH IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. THIS TOTAL WILL EXCLUDE ANY AMOUNTS REMITTED BY WALKIN TO AUTHORIZED PROVIDERS.

WALKIN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION TO WALKIN OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

19. Waiver of jury trial and class action rights

To the maximum extent permitted by applicable laws, with respect to any dispute arising out of or related to the Site, the Services and/or this Agreement: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.

20. Limitation of time

You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.

21. Indemnity

You agree to indemnify, defend, and hold harmless Walkin, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any User Content, including without limitation your Profile Information and any third party content forming part of the Site; (b) your violation or alleged violation of this Agreement; and/or (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Walkin reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Walkin and you agree to cooperate with Walkin’s defense of these Claims. You agree not to settle any matter without the prior written consent of Walkin. Walkin will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

22. Cancellation and termination

You may cancel your Account at any time through the interface provided as part of the Services. Cancellation must be issued via the interface or via Walkin’s support addresses. This is the only way to cancel your Account. Email requests (from email accounts other than your Walkin email account) or phone requests to cancel your Account will not be accepted.

Walkin shall store your User Content, including all medical records, for as long as is required under applicable regulations. Upon request from you, we will make available for access to you any of your User Content or medical records that are in our possession.

Walkin reserves the right at any time, and without cost, charge or liability, to terminate your Account and/or this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Walkin reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.

The following sections will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect: Sections 9 and 17 to 27.

23. Governing law and jurisdiction

If there is any dispute between you and Walkin about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. Notwithstanding the foregoing, Walkin may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Walkin through injunctive relief and other equitable remedies without proof of monetary damages.

24. Waiver

You agree that if Walkin does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Walkin has the benefit of under any applicable law), this will not be taken to be a formal waiver of Walkin’s rights and that those rights or remedies will still be available to Walkin.

25. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

26. Notice

You may contact Walkin by email at privacy@walkin.ca or by mail at Walk In, 1-12818 72nd Ave, Surrey, BC, V3W 2M9.

27. Entire agreement

This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.