Terms of Service
Effective: January 6th, 2025
1. Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Parewell Platform Inc., a company incorporated under the laws of Ontario (“Parewell,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for parents or parents-to-be and service providers to find each other, communicate with each other, and arrange for the provision of services, and any other services or products we may offer from time to time (collectively, our “Parewell Service”). The Terms govern all use of the Parewell Service, whether you access it from our website at https://www.parewell.ca (including any subdomain or localized version) (the “Site”), our mobile websites, our support offerings of any kind, or any other access point we make available to you.
BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE PAREWELL SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PAREWELL SERVICE.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Parewell Service, unless otherwise required by applicable law. Your continued access and use of the Parewell Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2. Parewell Service.
2.1 Nature of the Parewell Service. The Parewell Service consists of Website, support and services that parents or parents-to-be (“Parents”) and providers of perinatal-related services (“Service Providers”) can use to find, communicate with and interact with each other. We charge fees for some aspects of the Parewell Service, as described below in Section 8.
2.2 Parewell does not provide Health or Wellness Services. Parewell is a neutral venue for Service Providers and Parents. Parewell is not a Service Provider and, except for e-mail support, does not provide health or wellness services. We make no representations or warranties about the quality of health and wellness prenatal services or products, labour and delivery support and services, postpartum services, or other services provided by Service Providers (“Services”), or about your interactions and dealings with users. Service Providers listed on Parewell are not under the direction, employment or control of Parewell, and Service Providers determine in their own discretion how to provide Services. Parewell does not employ, recommend or endorse Service Providers or Parents, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Parents, whether online or offline. We conduct an initial review of Service Provider profiles and we encourage Service Providers to provide Parewell a background check conducted by a third party of their choice, but, except where explicitly specified in the Parewell Service (and then only to the extent specified), do not perform additional screening of Service Providers or Parents. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Services, or otherwise interacting with users via the Parewell Service. Parents and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their born or unborn children.
2.3 Release. Parewell has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Parents, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions are between Parents and Service Providers. The Parewell Service may be used to find and offer Services and to facilitate payment, but all transactions conducted via the Parewell Service are between Parents and Service Providers. Except for the limited refunds specified in Section 8.5, you agree that Parewell has no liability for damages associated with Services (which may include bodily injury to, or death of, a parent or child) or resulting from any other transactions between users of the Parewell Service.
2.5 Bookings. Parents and Service Providers transact with each other on the Parewell Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Services via the booking mechanism provided on the Parewell Service (a “Booking”). A Booking may be initiated by the Parent by selecting the type(s) of Services to be provided and then following the prompts that appear on-screen to “Request to Book”. If you are a Parent and you initiate a Booking, you agree to pay for the Services described in the Booking when you click “Request to book.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Booking, you agree to honour the price and other terms of that Booking, as acknowledged in the Booking confirmation.
2.6 Parents are Solely Responsible for Evaluating Service Providers. Parents are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Parewell performs a limited review of Service Provider profiles and encourages Service Providers to upload an background check conducted by a third party of their choosing, any such screening is limited, and Parewell does not warrant that any such screen is accurate, complete, conclusive or up-to-date.
2.7 Emergencies. We recommend that Parents give their Service Providers contact information where they can be reached in the event medical care for them or their child becomes necessary. Service Providers agree to immediately contact Parents in the event such care becomes necessary or, if the Parent is not available, to contact Parewell at the applicable email address listed at the end of these Terms. You release the Service Provider and Parewell for any injury, damage or liability arising from failure to seek emergency medical care. Parents are responsible for the costs of any such medical treatment.
2.8 Google Maps. Use of the Parewell Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using the Parewell Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from the Parewell Service.
3. Certification of Compliance with Applicable Law.
By accessing and using the Parewell Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Parewell Service.
For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Services in the jurisdiction where you provide Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to provide Services legally; and that, when providing Services, you will comply with applicable laws.
You acknowledge that Parewell is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4. Use of the Parewell Service; Suspension.
4.1 Your Conduct on the Parewell Service. When you use the Parewell Service, you agree:
- To use the Parewell Service only in a lawful manner and only for its intended purposes.
- Not to use the Parewell Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Parewell Service.
- Not to submit viruses or other malicious code to or through the Parewell Service.
- Not to use the Parewell Service, or engage with other users of the Parewell Service, for purposes that violate the law.
- Not to use the Parewell Service for purposes of competing with Parewell or to promote other products or services.
- Not to post reviews that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
- Not to post content or materials that are political, pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the Parewell Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the Parewell Service by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile on, or registration for, the Parewell Service, or to create multiple or duplicate accounts.
- Not to interfere with our provision of, or any other user’s use of, the Parewell Service.
- Not to solicit another user’s username or password for the Parewell Service or any other sensitive personal information, including bank details.
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Parewell Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Parewell Service: (1) if in our discretion your conduct on the Site or Parewell Service is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Parewell, its users, or the public. You may suspend or terminate your use of the Parewell Service at any time and for any reason. If you wish to deactivate your account, please contact Parewell. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
5. Registration; Account Security.
In order to use some aspects of the Parewell Service, you will be required to create a username, password, and user profile. If you elect to use the Parewell Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Parewell suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Parewell Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
6. Privacy.
Our collection and use of your personal information on the Parewell Service is described in our Privacy Statement. By accessing or using the Parewell Service, you acknowledge that you have read and understand our Privacy Statement.
7. Your Content.
7.1 Your Content. We may require or allow you to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Parewell Service or otherwise in connection with using the Parewell Service (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information, while Parents may submit reviews of Service Providers.
7.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Parewell an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Parewell Service, and to sublicense these rights to third parties.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Parewell and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content; (2) that you have any necessary consents and releases from individuals who appear or whose child or children appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. We reserve the right to monitor, screen, edit and/or remove Your Content on the Parewell Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews. The Parewell Service may provide the ability to leave public reviews of users. You acknowledge that reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Parewell has no obligation to preserve or indefinitely store any reviews. We will have no liability for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Parewell Service at any time.
8. Fees & Payment.
8.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Parewell Service are listed and payable in local currency.
8.2 Fees for Parents. Parents may purchase Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Parent, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total amount indicated in the Booking, which includes service fees payable to Parewell. The Service Provider, not Parewell, is responsible for performing the Services. Where required by law, the amount charged will be inclusive of applicable taxes.
8.3 Fees for Service Providers. Service Providers may agree to provide Services to a Parent by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires or the Parent will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honour the price set forth in your Booking which does not include service fees payable to Parewell. The purchase of Services is a transaction between the Parent and the Service Provider. Parewell’s role is to facilitate the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Parent at the time of Booking and (except to the extent of any payment hold pursuant to Section 8.7) initiate payment to the Service Provider’s account 48 hours after payment is received. Except where otherwise specified via the Parewell Service, they are calculated as a percentage of the fees a Parent agrees to pay a Service Provider in a Booking and are collected from each Booking. Amounts charged to Service Providers outside of the United States will be inclusive of applicable indirect taxes.
8.4 Service Fees. We charge service fees for some aspects of the Parewell Service. If you are a Service Provider, except where otherwise specified via the Parewell Service, our service fee is calculated as a percentage of the fees a Parent agrees to pay to you in a Booking and is collected from each Booking.
8.5 Cancellations & Refunds. Parewell can to the best of our ability help you find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking if you email us. The availability depends on the timing of the cancellation and the type of Services provided.
Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Parent for Services not provided, as well as any service charge paid to Parewell. If you are a Service Provider, you can appoint a substitute Service Provider (as agreed by the Parent and so long as the substitute has an active account on the Parewell Service and has agreed in writing to accept a Booking) by contacting Parewell to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, Parewell may deactivate your account.
Cancellations by Parent. If a Parent cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the Parewell Service. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Parents are aware of the cancellation policy prior to Booking.
General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Parewell Service to do so. For purposes of the policies and terms in this Section, the date of cancellation is the date that a user cancels through the Parewell Service, regardless of any separate communications between users outside of the Parewell Service.
Payment Disputes; Payment Outside of the Parewell Service. Parewell initiates payments to Service Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Parent and Service Provider, and Parewell has no obligation to mediate or facilitate any resolution. Further, Parewell has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Parewell Service.
Discretionary Refunds for Failure to Perform. In our reasonable discretion, if we determine that a Service Provider has failed to provide Services as agreed with the Parent or is otherwise in breach of these Terms, then we may cancel a Booking and/or issue a full or partial refund to a Parent.
8.6 Payment Holds. If you are a Service Provider, Parewell reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 8.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of Parewell, the Parewell community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.
8.7 Authorization to Charge. When you pay for Services or for other services on the Parewell Service, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. Parewell’s role is to facilitate payments from Parents to Service Providers as a limited payment agent for the Service Provider. You authorize us to charge your credit card or other payment method for fees you incur on the Parewell Service as they become due and payable, and to charge any alternative payment method Parewell has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Parewell nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Parewell Service are non-refundable once paid.
8.8 Taxes. Except for taxes on Parewell’s income and gross receipts or where Parewell is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Services via the Parewell Service. This includes, without limitation, any form of sales tax, HST, or income tax on fees paid or received by you through the Parewell Service. In certain jurisdictions, Parewell may be required by law to collect and/or report tax information about you. You agree to provide us with documentation that we determine to be necessary for us to fulfill those obligations and, if you fail to do so, that Parewell may suspend or deactivate your account until such documentation is provided.
8.9 Payment Processing. Payment processing services may be provided by one or more third-party payment processors. Payment processing provided by Stripe is subject to the Stripe Services Agreement (available at https://stripe.com/legal), and, if you are receiving payments via the Parewell Service, the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) (collectively, the “Stripe Terms”). In order to use the Parewell Service to receive payment, you may be required to set up a Stripe account and accept the Stripe Terms. You authorize Parewell to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate payment related to health and wellness Services you purchase or provide. You further agree to provide accurate and complete information about you and your business, and authorize Parewell to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Parewell reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
9. Background Checks and identity verifications.
Parewell may conduct a review of Service Providers before approving their listings. This review may include, but is not limited to, the use of public websites, social media profiles, forums, online reviews, articles, associations, licensing boards, to conduct an identity verification and ensure the validity of the Service Provider and their services.
Parewell encourages but does not mandate that Service Providers provide Parewell with a background check in order to obtain a Badge on their listings.
We do not provide, and are not responsible or liable in any manner for, the background checks or identity verifications, and we do not endorse or make any representations or warranties regarding the reliability of such background checks or the accuracy, timeliness or completeness of any information in the background checks. We do not independently verify information in the background checks.
You understand and agree that Parewell may review and rely on the information in the background check or profile in deciding whether to suspend or terminate or investigate a complaint about a Service Provider or Parent, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. Parewell reserves the right to suspend or terminate your access to the Parewell Service based on information in the Background Check or identity verification or for any other violation of these terms, as permitted by applicable law. You may contact Parewell to dispute a decision to suspend or terminate your account.
10. Third Party Services, Links.
The Parewell Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11. Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PAREWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Parewell Service; (2) breach of these Terms; (3) disputes with other users of the Parewell Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by you, your child, children or any pets in your care; (6) or Your Content. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
12. Intellectual Property.
12.1 Parewell Service. Parewell and its licensors retain all right, title and interest in and to the Parewell Service, the technology and software used to provide it, all electronic documentation and content available through the Parewell Service (other than Your Content), and all intellectual property and proprietary rights in the Parewell Service and such technology, software, documentation and content. Except for your rights to access and use the Parewell Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Parewell Service any feedback or suggestions for improvement that you provide to us concerning the Parewell Service, without any obligation of compensation.
12.2 Parewell Trademarks. Parewell owns all rights in and to its trademarks, service marks, brand names and logos (the “Parewell Marks”). If you are a Service Provider, subject to these Terms, Parewell grants you, for so long as you are in good standing on the Parewell Service, a limited, revocable, non-exclusive, non-transferable license to use the Parewell Marks solely: (a) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), if any, made available for purchase via the Parewell Store and/or (b) in other manners, solely to the extent specifically authorized in writing via the Parewell Service. As a condition of your use of the Parewell Service and the foregoing license, you agree that (1) you have no ownership rights in the Parewell Marks and all goodwill associated with your use of the Parewell Marks inures solely to the benefit of Parewell, (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Parewell suspends or terminates your rights to use the Parewell Service, (3) Parewell may terminate your right to use any and all Parewell Marks at any time for any or no reason in Parewell’s sole discretion, and (4) you will not adopt or use any Parewell Marks other than as explicitly authorized by Parewell, and you will not use, register, or apply to register the Parewell Marks, the term Parewell, or any other term that includes the term Parewell, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.
13. Warranty Disclaimer for the Parewell Service.
The information and materials found on the Parewell Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Parewell Service, but not directly by Parewell, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAREWELL DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PAREWELL SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PAREWELL; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PAREWELL SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAREWELL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PAREWELL SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS HEALTH AND WELLNESS SERVICES VIA THE PAREWELL SERVICE.
14. Limitation of Liability.
14.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Parewell be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Parewell Service, including without limitation damages related to any information received from the Parewell Service, removal of your profile information or review (or other content) from the Parewell Service, any suspension or termination of your access to the Parewell Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Parewell Service, even if we are aware of the possibility of any such damages, losses or expenses.
14.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PAREWELL’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PAREWELL SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PAREWELL (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID PAREWELL FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
14.3 No Liability for non-Parewell Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAREWELL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PAREWELL SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PAREWELL SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PAREWELL SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU. IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR PARENT, YOU AGREE TO RELEASE PAREWELL FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL Parewell BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A Parent OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
15. Governing Law and Jurisdiction.
For users in the United States and Canada, these Terms, and any dispute between you and Parewell, will be governed by the laws of the Province of Ontario and applicable Canadian federal law, without regard to principles of conflicts of law.
16. Force Majeure.
Parewell shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters. Also, in such an event, the cancellation policies described in Section 8.5 may not apply and Parewell may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider's selected cancellation policy.
17. Miscellaneous.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering health and wellness services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Parewell ends.
For questions or concerns about the Parewell Service or these Terms, please contact info@parewell.ca.