TELUS Health MyCare Travel Terms and Conditions

Effective as of August 18, 2023

DO NOT USE TELUS HEALTH MYCARE TRAVEL SERVICES FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE.

The following Terms and Conditions (the “Terms and Conditions”) govern your use (the term ‘use’ will mean access or use, as applicable) of the TELUS Health MyCare™ Travel Service (the “Service” as defined below).

These Terms and Conditions form an agreement between TELUS Health Solutions Inc. (“TELUS”) and you. The term “you” refers to the person or entity using the TELUS Health MyCare Travel Service. A copy of these Terms and Conditions may be downloaded, saved and printed for your reference. By ticking the checkbox, you agree with these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, do not use the TELUS Health MyCare Travel Service.

TELUS reserves the right to amend any term of these Terms and Conditions at any time. For amendments to any material terms, TELUS will provide you with 30 days’ notice. Any notices regarding modifications to these Terms and Conditions, will be in a written form and provided to you by TELUS via email (in each case to the address that you provide).The date of receipt will be deemed the date on which such notice is transmitted. You are not obliged to continue using the TELUS Health MyCare Travel Service after an amendment to these Terms and Conditions is made. Your continued use of the Service following any amendment shall be deemed to be your acceptance of the amended Terms and Conditions, and waiver of any additional notice requirements.

Use of TELUS Health MyCare Travel

As a condition of your use of the TELUS Health MyCare Travel Service, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence (except as otherwise provided in “Availability to Minors” below); (2) you possess the legal authority to create a binding legal obligation; (3) you will use the Service in accordance with these Terms and Conditions; (4) all information supplied by you when using the Service is true, accurate, current and complete; and (5) if you are accessing or using the Service on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms and Conditions.

The Service is provided solely (the “Permitted Use”) to: (1) give you access to any services offered to you through the Service, including access to the Health Services provided by Healthcare Practitioners; (2) if applicable, facilitate any payments from you to TELUS in respect of your use of the Service or the receipt of any services through the Service; and (3) provide feedback and otherwise communicate with TELUS in connection with any of the foregoing.

TELUS retains the right to deny access to anyone to the Service at any time and in its sole discretion, if TELUS deems that you have used the Service in any manner contrary to the Permitted Use or if you have violated any of the terms of this Terms and Conditions.

Service Language

The Service is by default in English. If you wish to use it in French, you can request the use of a translator at the beginning of your call.

TELUS Health MyCare Travel

The Service enables you to obtain access to registered nurses (“Healthcare Practitioners”) by audio for consultations, and to receive related healthcare, professional and administrative support services (hereinafter referred to as the “Health Services”).

Where applicable, Healthcare Practitioners are licensed or accredited to practice by their applicable regulated health profession by the applicable regulatory authority in the state of the United States where they practice.

The TELUS Health MyCare Travel Service provides users with 24/7 telephone access to United States Registered Nurses who will assess symptoms, recommend treatment when appropriate and direct consumers to the most suitable level of care.

The TELUS Health MyCare Travel Service is for non-emergency use only. The Service allows you telephone access to United States Registered Nurses and is accessible in all 50 United States of America. All Registered Nurses are licensed or accredited to practice by their applicable regulated health profession by the applicable regulatory authority in the United States state where they practice.

When accessing this service your call will first be answered by a Care Coordinator who will triage your concern and set up a call back from a Registered Nurse. TELUS and Koodo customers that roam with Easy Roam or Can-US plans will not be charged for use of this service. TELUS and its Affiliates are not responsible for any medical care costs outside of the consultation provided to you under the TELUS Health MyCare Travel Service, including as a result of any referrals for medical services thereunder.

You must be 18 years old or older (or a dependent of) to use the TELUS Health MyCare Travel Service.

Depending on your carrier plan, your use of TELUS Health MyCare Travel while in the U.S. may incur roaming charges. Consult your carrier and plan for details and applicable roaming fees.

Healthcare Practitioners are independent of TELUS and are solely responsible for the provision of Health Services to you. The relationship between you and the Healthcare Practitioner providing Health Services is a patient-practitioner relationship. TELUS is not party to that relationship as it relates to the delivery of such Health Services and is not engaged in the practice of medicine, the practice of nursing or the practice of any other regulated health profession, for the purpose of providing Health Services in your use of the Service. Neither TELUS or any other party associated with TELUS (other than the applicable Healthcare Practitioner) are liable for any Health Services provided to you by Healthcare Practitioners in your use of the Service.

We do not guarantee the availability of any particular Healthcare Practitioner at any particular time. We will do what we can to arrange a consultation with a Healthcare Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time.

Please note that interaction with Healthcare Practitioners through the TELUS Health MyCare Travel service 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. You can report a complaint relating to Health Services provided by a Healthcare Practitioner by contacting TELUS at the email address provided below.

Consent to Treatment

By accessing and using the TELUS Health MyCare Travel service, you consent to be treated by Healthcare Practitioners. Healthcare Practitioners may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Healthcare Practitioners may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. You may withdraw your consent to receive Health Services at any time by ending your consultation with the Healthcare Practitioner.

In prescribing or communicating any diagnosis, course of treatment or medication to you, the Healthcare Practitioner will seek your informed consent which requires the Healthcare Practitioner to explain the diagnosis, treatment and risks and side effects associated therewith. You are encouraged to ask questions of the Healthcare Practitioner regarding any diagnosis, treatment or medication that is prescribed or recommended to you to ensure that you understand the diagnosis, treatment and risk of side effects associated therewith. If you are not satisfied with the explanation or information provided by the Healthcare Practitioner regarding any course of treatment or medication that is prescribed or recommended for you, you should not follow it or you should seek a second opinion from a physician or other Healthcare practitioner that is not affiliated with TELUS.

Note that a Healthcare Practitioner reserves the right to assess whether a person has the capacity to provide consent to his or her Health Services treatment on a case-by-case basis.

Other Limitations

TELUS does not make any endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular diagnosis or treatment communicated to you by the Healthcare Practitioners.

The TELUS Health MyCare Travel service is available in the United States only.

Privacy and Your Personal Information

Please review the

TELUS Health MyCare Privacy Commitment

(https://www.telus.com/en/health/about-telus-health/privacy/mycare), which describes the manner in which we collect, use, store and disclose your PI and PHI, and which is hereby incorporated into and forms a part of these Terms and Conditions.

By accessing or using the TELUS Health MyCare Travel service, you are consenting to the collection, use and disclosure of your PI and PHI as set out in the

TELUS Health MyCare Privacy Commitment

Technology Risks

Virtual care is both the practice of medicine and a way to provide or assist in the provision of patient care at a distance using information and communication technologies.

In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with Virtual Care and which may adversely impact the ability of the Healthcare Practitioner to provide Health Services, including but not limited to (a) poor quality audio connections due to remote locations or other network limitations that may limit the ability of the Healthcare Practitioner to complete the appointment virtually, (b) delays in evaluation or treatment resulting from similar technology failures, (c) limitations on access to your personal health records maintained outside the TELUS Health MyCare Travel service (i.e., by your family physician or other primary care health professional), which may result in adverse drug interactions, allergic reactions, or other judgment errors (you should always advise the Healthcare Practitioner and any dispensing pharmacists of all medications you are taking and any allergies you may have), and (d) unauthorized access to, collection, use or disclosure of your PI and/or PHI due to a security protocol breach or failure. By consenting to receive Health Services, you acknowledge and understand these potential material risks associated with Virtual Care. Additionally, if the Healthcare Practitioner forms the opinion that Virtual Care is not appropriate in the circumstances, the Healthcare Practitioner will redirect you to appropriate care.

You understand, acknowledge and agree that TELUS cannot and do not guarantee the security of data transmitted over the public networks in connection with your use of the Service but has implemented security controls, as well as, reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure, of PI and PHI in our custody or control and adhere to generally accepted industry practices with respect to securing the transmission of data.

Although reasonable encryption technology and other reasonable security protocols will be implemented to protect your PI and PHI and the privacy of your Virtual Care consultations with Healthcare Practitioners, you acknowledge by using the Service that there are inherent risks to any technology that could cause security protocols to fail or be breached, which could result in the unauthorized access to, collection, use or disclosure of your PI or PHI. TELUS will notify you to the extent required by law of any breach that has resulted in the unauthorized access to, collection, use or disclosure of your PI or PHI.

Term, Termination and Suspension

These Terms and Conditions will take effect on the date and at the time you click ‘Register now’ after ticking the Terms and Conditions checkbox in the registration form.

TELUS may immediately terminate, or suspend, these Terms and Conditions, or cease providing the TELUS Health MyCare Travel service, at any time: (i) if you do not comply with these Terms and Conditions; (ii) if necessary to prevent threats to the privacy, security or integrity of your data or the data of any other user(s); (iii) upon termination of the agreement between TELUS and the third party that is providing the Service; (iv) to comply with any applicable law or court or order and/or (v) for any reason, including events not in our control.

Either you or TELUS may terminate these Terms and Conditions as follows: (1) TELUS may terminate these Terms and Conditions upon 30 days’ written notice to you, by email (at your current email address on file with TELUS); (2) you may terminate these Terms and Conditions at any time by ceasing use of the TELUS Health MyCare Travel Service.

Submissions

By submitting any reviews, questions, comments, suggestions, ideas or similar information, but excluding your PHI, in connection with the Service, (collectively, “Submissions”), you grant TELUS and their respective affiliates, a royalty free, in perpetuity, right to: use the name that you submit in connection with such Submission for quality improvement purposes. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

TELUS take no responsibility and assume no liability for any Submissions posted or submitted by you. You are fully responsible for the content of your Submissions, including reviews. Without limiting the foregoing, you will not transmit through the Service any User Content or Submission that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by TELUS in its sole discretion. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your Submissions.

If you do not agree with any of the above, please do not provide any Submissions.

Ownership

TELUS and its licensors (including our Partner) expressly reserve all rights in the Service, and all materials provided by TELUS in connection with these Terms and Conditions that are not specifically granted to you. You acknowledge that all right, title and interest in the Service, all materials provided by TELUS in connection with these Terms and Conditions and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with TELUS (or third party suppliers), and that the Service and all materials provided by TELUS hereunder are licensed and not ‘sold’ to you.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES TO YOUR JURISDICTION, TELUS PROVIDES THE SERVICE WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SERVICE IS AT YOUR OWN RISK. TELUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ABOUT THE MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE SERVICE. THE SERVICE MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. TELUS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SERVICE. TELUS DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF THE TELUS HEALTH MYCARE TRAVEL SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER TELUS NOR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS WILL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT TELUS OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF THE TELUS HEALTH MYCARE TRAVEL SERVICES.

WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF TELUS OR ITS SUPPLIERS OR TECHNOLOGY PROVIDERS IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO MAKE USE OF THE TELUS HEALTH MYCARE TRAVEL SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF THE TELUS HEALTH MYCARE TRAVEL SERVICES IS LIMITED TO $20.00. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS AND CONDITIONS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between you and TELUS. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

No Unlawful or Prohibited Use

You will not, without TELUS’ prior written permission, use the TELUS Health MyCare Travel service for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Service, or ‘frame’, ‘mirror’ or otherwise incorporate the TELUS Health MyCare Travel service or any part thereof on any commercial or non-commercial website; (2) access or monitor any part of the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (4) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices; (5) use the Service as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by TELUS and only in the exact manner specified and enabled by TELUS; (6) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Service; (7) create derivative works based on the TELUS Health MyCare Travel service, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the TELUS Health MyCare Travel service; or (8) use the Service in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content or Submissions that violate such third-party rights.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the Province where you reside and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. If you reside outside of Quebec, the courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under these Terms and Conditions, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Ontario and acknowledge their competence and agree to be bound by any judgment thereof. If you reside in Quebec, the courts of the Province of Quebec shall have exclusive jurisdiction to entertain any action arising under these Terms and Conditions, and you hereby accept and irrevocably submit to the jurisdiction of the courts of Quebec and acknowledge their competence and agree to be bound by any judgment thereof.

A printed copy of these Terms and Conditions and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

General Provisions

These Terms and Conditions, together with all policies referenced herein constitute the entire and exclusive understanding and agreement between TELUS and you pertaining to the subject matter hereof, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between TELUS and you regarding the TELUS Health MyCare Travel service.

TELUS may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and ensure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in a written form and given by TELUS via email (in each case to the address that you provide). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

TELUS shall not be liable for delay or failure of performance of any obligations required by these Terms and Conditions when such delay or failure arises from circumstances beyond the reasonable control of TELUS. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of a public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failures or delays, labour disputes, strikes, or shortages, supply shortages, equipment failures or solitary malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the delay.

The failure of TELUS to enforce any right, provision, or term of these Terms and Conditions will not constitute a waiver of future enforcement of that right, term, or provision. The waiver of any such right, term or provision will be effective only if in writing and signed by a duly authorized representative of TELUS. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.

If for any reason a court of competent jurisdiction finds any provision, or term, of these Terms and Conditions void, invalid or otherwise unenforceable, that provision, or term, will be enforced to the maximum extent permissible and the other provisions, or terms of these Terms and Conditions will remain in full force and effect.

Contact

Should you have any questions regarding these Terms and Conditions or the TELUS Health MyCare Travel service, you may contact our support team via email at:

[email protected]