Privacy Policy

Privacy Policy

Sabe Wellness Medical Clinic (“Sabe”) Privacy Policy

The Sabe Privacy Policy was updated on December 1, 2020.  The words and phrases used in this Policy have the same meaning as in Sabe’s Terms and Conditions.  You can also find a list of definitions at the bottom of this Policy or if you still have questions, contact our Chief Compliance Officer as indicated below.

Sabe Corporation (“Sabe”, “we”, “us”) uses a number of safeguards to protect the privacy of Users of the Sabe Platform and the confidentiality of their Personal Information including Personal Health Information (collectively referred to together in this Privacy Policy as “Information”).  When discussing Healthcare Services, Information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters.  PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.

The agreement between Sabe and physicians providing services through the Sabe Platform and the Terms and Conditions for the Sabe Platform explain the services that Sabe provides to Authorized Physicians and to Users respectively.  The agreement between Sabe and Non-Physician Providers providing services through the Sabe Platform explain the services that Sabe provides to Authorized Non-Physician Providers.

This Privacy Policy (“Policy”) summarizes how Sabe collects, uses, discloses, retains, disposes of, destroys and protects Information as well as Data (information that does not identify an individual) in the course of providing our services. We are committed to complying with this Policy and with applicable Provincial and Federal privacy legislation.

Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Information by Authorized Physicians or Authorized Non-Physician Providers.  Authorized Physicians and Authorized Non-Physician Providers are subject to privacy legislation and professional requirements that govern their management of Information, including Information they collect, use and retain in the course of providing services through the Sabe Platform.  Please feel free to ask any Authorized Physician or Authorized Non-Physician Provider to whom you are referred if you have questions about how he or she will treat your Information.

 

Collecting and Using Information

Sabe collects and uses Information only as necessary to provide our services, including to develop, assess, and improve our services. We only collect Personal Information if non-identifying information will not suffice.  We minimize our collection and use of Information to what is needed for these purposes.  For example, we do not record the audio or video portions of interactions between Users and Authorized Physicians and between Users and Authorized Non-Physician Providers through the Sabe Platform.  Access to information is restricted to Authorized Physicians and their administrative staff, and Authorized Non-Physician Providers and their administrative staff.

As mentioned, Authorized Physicians and Authorized Non-Physician Providers are responsible for their collection, use, disclosure, retention, destruction and protection of Information.  As a result, the following description is an overview only of the use generally made of Information for the purpose of providing services through the Sabe Platform.  A particular Authorized Physician or Authorized Non-Physician Providers may or may not chose to collect or use Information as described below in connection with a particular interaction with a User.

 

Healthcare Services

Authorized Physicians and Authorized Non-Physician Providers may collect Information about you or any Registered Dependent (as defined below) when you provide it during a Healthcare Services consultation (e.g., verbally or in texts), by viewing the Information that you have entered or uploaded to the Sabe Platform and/or by creating or compiling Information in the Sabe Platform.  Information that will be available to Authorized Physicians and Authorized Non-Physician Providers includes: the details that you provide in your consultation request; information you’ve entered or uploaded to profiles and medical records; information created during earlier interactions through the Sabe Platform with other Authorized Physicians and/or Authorized Non-Physician Providers; the name, email address, phone number, gender and date of birth and province/territory that you provided when you registered; and your emergency contact’s name and contact information.  Authorized Physicians and Authorized Non-Physician Providers use Information to provide you with Healthcare Services and/or Informational Services and, as with any healthcare provider, must comply with the privacy legislation and medical record-keeping obligations to which they are subject.  Authorized Physicians and Authorized Non-Physician Providers may create Information such as prescriptions, sick notes and other notes about your interaction with them through the Sabe Platform.  They may export or print copies of your Information that they collect.  Authorized Physicians and Authorized Non-Physician Providers may, but are not required to email or text your emergency contact if they believe that you are dealing with a medical emergency during a consultation.  You are responsible for advising your emergency contact that you are providing their name and contact information to Sabe and Authorized Physicians and Authorized Non-Physician Providers, and for obtaining any necessary consent from them for the provision and use of their information in connection with the Sabe Platform.

 

Informational Services

Authorized Physicians and Authorized Non-Physician Providers collect and use Information that you provide in the course of obtaining Informational Services, by viewing the information that you have entered or uploaded to the Sabe Platform and by creating or compiling Information in the Sabe Platform.  The Information that they collect and use includes: the details that you provide in your request for Informational Services and information that you provided to register to use the Sabe Platform (name, gender, date of birth and place of residence) to confirm your eligibility to receive Informational Services.  Authorized Physicians and Authorized Non-Physician Providers are bound to comply with privacy legislation applicable to providers of Informational Services.

 

Provision of the Sabe Platform

We collect and use your Information to register you, create your User Account, authenticate you when you log in and personalize your experience while using the Sabe Platform.  We confirm your eligibility to use the Sabe Platform for Healthcare Services and/or Informational Services by asking you to confirm your place of residence and date of birth that you provide when registering.

We collect your provincial health card number in order to bill provincial health plans for those services that are eligible for coverage by provincial health plans.

You may choose to enter or upload and store your Information in the Sabe Platform such as your medical records, and the name and contact information for your emergency contact.

When seeking Healthcare Services, you may also choose to enter or upload and store Information about individuals for whom you have the legal authority to make decisions regarding their healthcare and for whom you have created a profile by providing their first and last name, gender and date of birth (each a “Registered Dependent”).  We use their date of birth where applicable and your assertion of their relationship with you to confirm your eligibility to obtain Healthcare Services for them, and their eligibility to receive Healthcare Services.

We use Information that you enter, or upload, or which is created as part of an interaction with an Authorized Physician or Authorized Non-Physician Provider to make it available to you when you access your User Account.

We may use Information for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements.

We may use Information to help us create, develop, operate, deliver, support and improve the Sabe Platform, its content and advertising provided to you through it (Sabe’s and third parties’) unless you have decided not to receive such advertising.

 

Users eligible for Healthcare Services:

  • To request Healthcare Services, you select any applicable symptoms relevant to your request. You may also specify whether you’re seeking to renew a prescription or obtain a sick note.  We facilitate your disclosure to the Authorized Physician or Authorized Non-Physician Provider of that information, along with age and gender to determine whether your request is eligible.  We do not identify you, or, if applicable, the Registered Dependent for whom you’re seeking the Healthcare Services.  Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you.  The Sabe Platform presents to the Authorized Physician or Authorized Non-Physician Provider the Information you provided in your consultation request, your name and, if applicable, the name of the Registered Dependent for whom you’re seeking the consultation.  Unless you have elected to withhold access to information held in the Sabe Platform about you or any Registered Dependent, the Authorized Physician or Authorized Non-Physician Provider will be able to view it too.
  • We use Information that you enter to provide you with services that you request us to perform on your behalf, e.g., securely faxing your prescription to your chosen pharmacy.
  • We use your Information to text or email you to notify you about services that you request. For example, we notify you about the status of your consultations and other requests, such as prescription orders.
  • We may collect location data through the use of GPS technology and your IP address where applicable to services you have requested, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider or pharmacy that is licensed or authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.

 

Users eligible for Informational Services:

  • When you request Informational Services, you select any topics for which you are seeking education. On your behalf, we present the information that you provide to an Authorized Physician or Authorized Non-Physician Provider to determine whether your request is eligible for Informational Services.  We do not identify you.  Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you.  The Sabe Platform presents to the Authorized Physician or Authorized Non-Physician Providers the Information you provided in your request for Informational Services and your name.
  • We use your Information to text or email you to notify you about services that you request, for example, about the status of your request for Informational Services.
  • We may collect location data through the use of GPS technology and your IP address to support you in receiving services, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider who is authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.

 

Communicating With You

Medical emergencies associated with requests for Healthcare Services.  Should you submit Information about a medical issue, which is deemed an emergency by an Authorized Physician or an Authorized Non-Physician Provider prior to their acceptance of your request for Healthcare Services, Sabe reserves the right to contact you at any time using any of the contact information you have provided.  This contact is strictly for the purpose of informing you that an Authorized Physician or Authorized Non-Physician Provider has viewed your anonymized request and has declined the request based on their belief that your symptoms may represent a medical emergency.

Updates and marketing. From time to time, we may send you service announcements, including policy updates and updates to our Terms and Conditions and software and keep you posted on our latest products and any upcoming events that may be of interest to you or apply to you. You may opt-out of receiving non-essential communications by logging in to your User Account and updating your preferences. For clarity, service announcements including updates to our policies and Terms and Conditions and software are not considered non-essential communications.

Customer support. If you email, fax, write to us or complete a ‘contact us’ form on the Sabe Platform, we will collect the name and contact information that you provide to us and will use it to respond to you.

We only permit our Personnel to access Information to the extent necessary to perform their designated functions. We require them to protect the Information and maintain its confidentiality by complying with our policies, procedures and applicable law.

 

Disclosing Information

We will not disclose, share, sell or rent your Information with or to any third party (except to the extent we disclose to Authorized Physicians or Authorized Non-Physician Providers, emergency contacts and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment, to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise Sabe’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person.  We may use or disclose your email address, but never PHI, information to market a product or service, either directly, or through a service provider or partner that performs services on our behalf.

We may disclose Information for the purposes of the due diligence required for or for the completion of a transaction such as a merger, acquisition or asset sale. We will comply with any applicable legal requirements, including notice requirements, that apply to such transactions.

 

Retaining and disposing of Information

Unless we otherwise give you notice, we will retain your Information on the Sabe Platform on your behalf until such times as you or we terminate your User Account. On termination, you will have an opportunity to print or make copies of your Information subject to the following. To ensure that Authorized Physicians and Authorized Non-Physician Providers may exercise any authority they have to withhold Information they compile in connection with Healthcare Services from patients under the law, you will be required to request any access you would like to notes made by an Authorized Physician or an Authorized Non-Physician Provider about your consultation from the Authorized Physician or Authorized Non-Physician Provider. With the exception of residents of Prince Edward Island receiving Healthcare Services in Prince Edward Island, Sabe is not the custodian of Information held on the Sabe Platform; rather it holds Information on behalf of Users or Authorized Physicians and Authorized Non-Physician Providers. For residents of Prince Edward Island receiving Healthcare Services in Prince Edward Island, Sabe is a custodian, as defined by the PEI Health Information Act. On termination of your User Account, once you have been given the opportunity to print or make copies of your Information, we will delete the Information associated with your User Account, except Information that an Authorized Physician or Authorized Non-Physician Provider advises us he or she requires in connection with a consultation or Informational Services the Authorized Physician or Authorized Non-Physician Provider provided. In such circumstances, Sabe will destroy the Information when the Authorized Physician or Authorized Non-Physician Provider has obtained a copy or terminates his/her account with Sabe.

 

Healthcare Services

You can access your Information or that of your Registered Dependents to check that it is accurate, complete, and up to date by logging in to your User Account at www.sabewellness.ca/login.

You may update and edit any of your Information except Information an Authorized Physician or Authorized Non-Physician Provider has viewed or created Information during a Healthcare Services consultation when you log in to your User Account.  Contact the Authorized Physician or Authorized Non-Physician Provider who provided the Healthcare Services to access or request the correction of Information in their notes on the Sabe Platform or that they hold in their medical records.

 

Informational Services

You can access Information you provided in your request(s) for Informational Services by logging in to your User Account at www.sabewellness.ca/login.

 

Your Choices

The Sabe Platform offers you functionality and choices for protecting your privacy which include:

  • You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the Sabe Platform, we will send a code to your mobile number, which you will need to enter.  This added security prevents anyone else from accessing your Sabe account unless they have access to your log in information and your mobile phone.
  • You may choose whether to use audio, chat, or video for interactions with Authorized Physicians and Authorized Non-Physician Providers.
  • When seeking Healthcare Services, you may withhold Information, e.g., consultation information and medical records from Authorized Physicians and/or Authorized Non-Physician Providers. Please be aware that Authorized Physicians and Authorized Non-Physician Providers may be unable to provide you with Healthcare Services as a result.  They will advise you of the implications of your choice.
  • When seeking Informational Services, any previous Information collected e.g., consultation information and records, will not be accessible by the Authorized Physician or Authorized Non-Physician Provider providing the services unless you specifically elect to provide access.
  • You may choose whether to receive communications by email or SMS.
  • You can check your log-in history when you access the Sabe Platform.
    Please contact us directly at sabewellness.ca/login for assistance with using the privacy functionality or with any questions about using the Sabe Platform. Additionally, you may contact us at any time to: stop receiving e-mails or other correspondence from us, seek assistance with viewing and correcting Information, and close your User Account.  To protect privacy, we may request information to verify your identity when you contact us.

 

Safeguarding Information

Sabe takes the security of your information seriously. We store your information in electronic format using computer systems with restricted access and housed in facilities using physical security measures.  More generally, we have in place appropriate physical, technological, and organizational safeguards to protect Information against loss, theft, and unauthorized access, use and disclosure.  As mentioned, Sabe Personnel are obligated to protect Information by adhering to our policies, practices and applicable laws.

You also play an important role in protecting your privacy and the confidentiality of your Information. For example:

  • Create a strong and unique password for your User Account, using Sabe’s password strength estimator, and update it periodically.
  • Do not share your User Account or password with anyone. We will never ask you for your password, including in any unsolicited communication such as letters, phone calls or email messages, so please contact us if you receive such a request.
  • Log out of your User Account once you are finished using it, especially if you share your Device with anyone else.
  • Have a strong and unique password on your Device, too.
  • Choose a quiet, private location from which to receive services from Authorized Physicians and Authorized Non-Physician Providers.

 

Collecting, Using and Sharing Data

Sabe de-identifies Information on behalf of Authorized Physicians and Authorized Non-Physician Providers. Under their agreement with Sabe, Authorized Physicians and Authorized Non-Physician Providers permit Sabe to collect and use the resulting de-identified data for purposes that include: quality control activities designed to ensure use of the Sabe Platform in compliance with the Sabe Physician Services Agreement, Authorized Non-Physician Provider Agreements such as the Sabe Therapists Agreement, and the Terms and Conditions; improving the Sabe Platform and more generally, the use of patient-initiated telemedicine services (through an understanding of usage and utilization patterns by Users and Authorized Physicians and Authorized Non-Physician Providers); conducting academic research and designing surveys (to be posted and completed at the discretion of Users).  We will not use Data to re-identify individuals.

 

Cookies and Similar Technologies

The Sabe Platform, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons.  We use these technologies to better understand User behaviour, analyze trends, administer, personalize and improve the experience of using the Sabe Platform.  You have the ability to accept or decline our use of cookies.  You can refuse cookies by turning them off or blocking them in your Internet browser.  If you decide to turn off or block cookies, the Sabe Platform might not function correctly.  At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the Sabe Platform.  These companies may also use cookies and other technologies to report certain information about your visits to the Sabe Platform and other websites (such as web pages you visit from and your response to ads on the Sabe Platform) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our Sabe Platform.  By using the Sabe Platform and not turning off cookies, you are consenting to their use for the purposes described in this Policy.

 

Links and Third Party Websites and Applications

The Sabe Platform may contain links to other websites that we do not own or operate.  These links are not intended as an endorsement of or referral to the linked websites.  We strongly encourage you to review the privacy policies applicable to any site you visit.  This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites or their operators which are provided solely for your convenience.

 

Policy Changes

We publish the current version of our Policy at www.sabewellness.ca/privacy.  We reserve the right to amend our Policy at any time.  Check back often to ensure you are aware of our current practices for collecting, using, disclosing, retaining, destroying and protecting Information.

 

Contact Us

If you have any questions, concerns or suggestions about our privacy practices, please contact our Chief Compliance Officer. Please include your name and contact information if you’d like us to respond to you.

 

Sabe Wellness Medical Clinic Inc.

ATTN: Chief Compliance Officer

info@sabewellness.ca

101-395 Stafford Street

Winnipeg, Manitoba, R3M 2X4

 

Definitions

“Authorized Physician” means physician who are are independent, regulated health professionals.  Each Authorized Physician is responsible for their own license and registration authorizing the practice of medicine in a Province or Territory of Canada. Sabe is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the Sabe Platform.

“Authorized Non-Physician Provider” is an independent, regulated health professional (such as psychotherapists or nurses).  Each Authorized Non-Physician is responsible for their own license and registration authorized by their regulating body in a Province or Territory of Canada.  Sabe is not a healthcare provider.  Authorized Non-Physician Providers alone are responsible for the Healthcare Services and Informational Services they provide through the Sabe Platform.

“Data” means information collected or compiled through the Sabe Platform which has been de-identified.

“De-identify” in relation to PHI, means to remove information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual.

“Device” means a mobile or desktop device owned or controlled by a User and used to access Sabe Physician Services.

“Health Care” means any observation, examination, assessment, care, service or procedure that is provided by a physician or a non-physician healthcare provider to an individual to diagnose, treat, or maintain the individual’s physical or mental condition, to prevent disease or injury to the individual, or to promote the individual’s health.

“Healthcare Services” means the provision of Health Care by an Authorized Physician or an Authorized Non-Physician Provider through the Sabe Platform.

“Informational Services” means the provision of general information about a disease or condition, rather than patient specific medical information, for educational purposes only and for clarity, not including a diagnosis, treatment or advice based on observation, examination or assessment of a particular patient.

“Sabe Platform” means the hardware, software, applications, websites, content, products and services owned and/or operated by us, which include the software that enables Authorized Physicians and Authorized Non-Physician Providers to provide Healthcare Services and Informational Services to Authorized Users.

“Personal Information” means information about an identifiable individual which is not PHI and which is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the Sabe Platform.

“Personnel” in relation to Sabe, means its employees and agents including independent contractors and sub-contractors, for whom Sabe is responsible at law.

“PHI” or “personal health information” means information about an individual’s health or healthcare that is subject to Privacy Law and that is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the Sabe Platform.

“Privacy Law” means the applicable legislation governing the collection, use, disclosure, and/or protection of PHI in the Province or Territory in which a User resides.

“User” means an individual who has registered and created a Sabe User Account in accordance with our Terms and Conditions and is thereby eligible to receive Healthcare Services and/or Informational Services through the Sabe Platform.

 

Sabe Wellness Medical Clinic (“Sabe”) Privacy Policy

The Sabe Privacy Policy was updated on December 1, 2020.  The words and phrases used in this Policy have the same meaning as in Sabe’s Terms and Conditions.  You can also find a list of definitions at the bottom of this Policy or if you still have questions, contact our Chief Compliance Officer as indicated below.

Sabe Corporation (“Sabe”, “we”, “us”) uses a number of safeguards to protect the privacy of Users of the Sabe Platform and the confidentiality of their Personal Information including Personal Health Information (collectively referred to together in this Privacy Policy as “Information”).  When discussing Healthcare Services, Information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters.  PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.

The agreement between Sabe and physicians providing services through the Sabe Platform and the Terms and Conditions for the Sabe Platform explain the services that Sabe provides to Authorized Physicians and to Users respectively.  The agreement between Sabe and Non-Physician Providers providing services through the Sabe Platform explain the services that Sabe provides to Authorized Non-Physician Providers.

This Privacy Policy (“Policy”) summarizes how Sabe collects, uses, discloses, retains, disposes of, destroys and protects Information as well as Data (information that does not identify an individual) in the course of providing our services. We are committed to complying with this Policy and with applicable Provincial and Federal privacy legislation.

Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Information by Authorized Physicians or Authorized Non-Physician Providers.  Authorized Physicians and Authorized Non-Physician Providers are subject to privacy legislation and professional requirements that govern their management of Information, including Information they collect, use and retain in the course of providing services through the Sabe Platform.  Please feel free to ask any Authorized Physician or Authorized Non-Physician Provider to whom you are referred if you have questions about how he or she will treat your Information.

 

Collecting and Using Information

Sabe collects and uses Information only as necessary to provide our services, including to develop, assess, and improve our services. We only collect Personal Information if non-identifying information will not suffice.  We minimize our collection and use of Information to what is needed for these purposes.  For example, we do not record the audio or video portions of interactions between Users and Authorized Physicians and between Users and Authorized Non-Physician Providers through the Sabe Platform.  Access to information is restricted to Authorized Physicians and their administrative staff, and Authorized Non-Physician Providers and their administrative staff.

As mentioned, Authorized Physicians and Authorized Non-Physician Providers are responsible for their collection, use, disclosure, retention, destruction and protection of Information.  As a result, the following description is an overview only of the use generally made of Information for the purpose of providing services through the Sabe Platform.  A particular Authorized Physician or Authorized Non-Physician Providers may or may not chose to collect or use Information as described below in connection with a particular interaction with a User.

 

Healthcare Services

Authorized Physicians and Authorized Non-Physician Providers may collect Information about you or any Registered Dependent (as defined below) when you provide it during a Healthcare Services consultation (e.g., verbally or in texts), by viewing the Information that you have entered or uploaded to the Sabe Platform and/or by creating or compiling Information in the Sabe Platform.  Information that will be available to Authorized Physicians and Authorized Non-Physician Providers includes: the details that you provide in your consultation request; information you’ve entered or uploaded to profiles and medical records; information created during earlier interactions through the Sabe Platform with other Authorized Physicians and/or Authorized Non-Physician Providers; the name, email address, phone number, gender and date of birth and province/territory that you provided when you registered; and your emergency contact’s name and contact information.  Authorized Physicians and Authorized Non-Physician Providers use Information to provide you with Healthcare Services and/or Informational Services and, as with any healthcare provider, must comply with the privacy legislation and medical record-keeping obligations to which they are subject.  Authorized Physicians and Authorized Non-Physician Providers may create Information such as prescriptions, sick notes and other notes about your interaction with them through the Sabe Platform.  They may export or print copies of your Information that they collect.  Authorized Physicians and Authorized Non-Physician Providers may, but are not required to email or text your emergency contact if they believe that you are dealing with a medical emergency during a consultation.  You are responsible for advising your emergency contact that you are providing their name and contact information to Sabe and Authorized Physicians and Authorized Non-Physician Providers, and for obtaining any necessary consent from them for the provision and use of their information in connection with the Sabe Platform.

 

Informational Services

Authorized Physicians and Authorized Non-Physician Providers collect and use Information that you provide in the course of obtaining Informational Services, by viewing the information that you have entered or uploaded to the Sabe Platform and by creating or compiling Information in the Sabe Platform.  The Information that they collect and use includes: the details that you provide in your request for Informational Services and information that you provided to register to use the Sabe Platform (name, gender, date of birth and place of residence) to confirm your eligibility to receive Informational Services.  Authorized Physicians and Authorized Non-Physician Providers are bound to comply with privacy legislation applicable to providers of Informational Services.

 

Provision of the Sabe Platform

We collect and use your Information to register you, create your User Account, authenticate you when you log in and personalize your experience while using the Sabe Platform.  We confirm your eligibility to use the Sabe Platform for Healthcare Services and/or Informational Services by asking you to confirm your place of residence and date of birth that you provide when registering.

We collect your provincial health card number in order to bill provincial health plans for those services that are eligible for coverage by provincial health plans.

You may choose to enter or upload and store your Information in the Sabe Platform such as your medical records, and the name and contact information for your emergency contact.

When seeking Healthcare Services, you may also choose to enter or upload and store Information about individuals for whom you have the legal authority to make decisions regarding their healthcare and for whom you have created a profile by providing their first and last name, gender and date of birth (each a “Registered Dependent”).  We use their date of birth where applicable and your assertion of their relationship with you to confirm your eligibility to obtain Healthcare Services for them, and their eligibility to receive Healthcare Services.

We use Information that you enter, or upload, or which is created as part of an interaction with an Authorized Physician or Authorized Non-Physician Provider to make it available to you when you access your User Account.

We may use Information for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements.

We may use Information to help us create, develop, operate, deliver, support and improve the Sabe Platform, its content and advertising provided to you through it (Sabe’s and third parties’) unless you have decided not to receive such advertising.

 

Users eligible for Healthcare Services:

  • To request Healthcare Services, you select any applicable symptoms relevant to your request. You may also specify whether you’re seeking to renew a prescription or obtain a sick note.  We facilitate your disclosure to the Authorized Physician or Authorized Non-Physician Provider of that information, along with age and gender to determine whether your request is eligible.  We do not identify you, or, if applicable, the Registered Dependent for whom you’re seeking the Healthcare Services.  Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you.  The Sabe Platform presents to the Authorized Physician or Authorized Non-Physician Provider the Information you provided in your consultation request, your name and, if applicable, the name of the Registered Dependent for whom you’re seeking the consultation.  Unless you have elected to withhold access to information held in the Sabe Platform about you or any Registered Dependent, the Authorized Physician or Authorized Non-Physician Provider will be able to view it too.
  • We use Information that you enter to provide you with services that you request us to perform on your behalf, e.g., securely faxing your prescription to your chosen pharmacy.
  • We use your Information to text or email you to notify you about services that you request. For example, we notify you about the status of your consultations and other requests, such as prescription orders.
  • We may collect location data through the use of GPS technology and your IP address where applicable to services you have requested, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider or pharmacy that is licensed or authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.

 

Users eligible for Informational Services:

  • When you request Informational Services, you select any topics for which you are seeking education. On your behalf, we present the information that you provide to an Authorized Physician or Authorized Non-Physician Provider to determine whether your request is eligible for Informational Services.  We do not identify you.  Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you.  The Sabe Platform presents to the Authorized Physician or Authorized Non-Physician Providers the Information you provided in your request for Informational Services and your name.
  • We use your Information to text or email you to notify you about services that you request, for example, about the status of your request for Informational Services.
  • We may collect location data through the use of GPS technology and your IP address to support you in receiving services, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider who is authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.

 

Communicating With You

Medical emergencies associated with requests for Healthcare Services.  Should you submit Information about a medical issue, which is deemed an emergency by an Authorized Physician or an Authorized Non-Physician Provider prior to their acceptance of your request for Healthcare Services, Sabe reserves the right to contact you at any time using any of the contact information you have provided.  This contact is strictly for the purpose of informing you that an Authorized Physician or Authorized Non-Physician Provider has viewed your anonymized request and has declined the request based on their belief that your symptoms may represent a medical emergency.

Updates and marketing. From time to time, we may send you service announcements, including policy updates and updates to our Terms and Conditions and software and keep you posted on our latest products and any upcoming events that may be of interest to you or apply to you. You may opt-out of receiving non-essential communications by logging in to your User Account and updating your preferences. For clarity, service announcements including updates to our policies and Terms and Conditions and software are not considered non-essential communications.

Customer support. If you email, fax, write to us or complete a ‘contact us’ form on the Sabe Platform, we will collect the name and contact information that you provide to us and will use it to respond to you.

We only permit our Personnel to access Information to the extent necessary to perform their designated functions. We require them to protect the Information and maintain its confidentiality by complying with our policies, procedures and applicable law.

 

Disclosing Information

We will not disclose, share, sell or rent your Information with or to any third party (except to the extent we disclose to Authorized Physicians or Authorized Non-Physician Providers, emergency contacts and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment, to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise Sabe’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person.  We may use or disclose your email address, but never PHI, information to market a product or service, either directly, or through a service provider or partner that performs services on our behalf.

We may disclose Information for the purposes of the due diligence required for or for the completion of a transaction such as a merger, acquisition or asset sale. We will comply with any applicable legal requirements, including notice requirements, that apply to such transactions.

 

Retaining and disposing of Information

Unless we otherwise give you notice, we will retain your Information on the Sabe Platform on your behalf until such times as you or we terminate your User Account. On termination, you will have an opportunity to print or make copies of your Information subject to the following. To ensure that Authorized Physicians and Authorized Non-Physician Providers may exercise any authority they have to withhold Information they compile in connection with Healthcare Services from patients under the law, you will be required to request any access you would like to notes made by an Authorized Physician or an Authorized Non-Physician Provider about your consultation from the Authorized Physician or Authorized Non-Physician Provider. With the exception of residents of Prince Edward Island receiving Healthcare Services in Prince Edward Island, Sabe is not the custodian of Information held on the Sabe Platform; rather it holds Information on behalf of Users or Authorized Physicians and Authorized Non-Physician Providers. For residents of Prince Edward Island receiving Healthcare Services in Prince Edward Island, Sabe is a custodian, as defined by the PEI Health Information Act. On termination of your User Account, once you have been given the opportunity to print or make copies of your Information, we will delete the Information associated with your User Account, except Information that an Authorized Physician or Authorized Non-Physician Provider advises us he or she requires in connection with a consultation or Informational Services the Authorized Physician or Authorized Non-Physician Provider provided. In such circumstances, Sabe will destroy the Information when the Authorized Physician or Authorized Non-Physician Provider has obtained a copy or terminates his/her account with Sabe.

 

Healthcare Services

You can access your Information or that of your Registered Dependents to check that it is accurate, complete, and up to date by logging in to your User Account at www.sabewellness.ca/login.

You may update and edit any of your Information except Information an Authorized Physician or Authorized Non-Physician Provider has viewed or created Information during a Healthcare Services consultation when you log in to your User Account.  Contact the Authorized Physician or Authorized Non-Physician Provider who provided the Healthcare Services to access or request the correction of Information in their notes on the Sabe Platform or that they hold in their medical records.

 

Informational Services

You can access Information you provided in your request(s) for Informational Services by logging in to your User Account at www.sabewellness.ca/login.

 

Your Choices

The Sabe Platform offers you functionality and choices for protecting your privacy which include:

  • You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the Sabe Platform, we will send a code to your mobile number, which you will need to enter.  This added security prevents anyone else from accessing your Sabe account unless they have access to your log in information and your mobile phone.
  • You may choose whether to use audio, chat, or video for interactions with Authorized Physicians and Authorized Non-Physician Providers.
  • When seeking Healthcare Services, you may withhold Information, e.g., consultation information and medical records from Authorized Physicians and/or Authorized Non-Physician Providers. Please be aware that Authorized Physicians and Authorized Non-Physician Providers may be unable to provide you with Healthcare Services as a result.  They will advise you of the implications of your choice.
  • When seeking Informational Services, any previous Information collected e.g., consultation information and records, will not be accessible by the Authorized Physician or Authorized Non-Physician Provider providing the services unless you specifically elect to provide access.
  • You may choose whether to receive communications by email or SMS.
  • You can check your log-in history when you access the Sabe Platform.
    Please contact us directly at sabewellness.ca/login for assistance with using the privacy functionality or with any questions about using the Sabe Platform. Additionally, you may contact us at any time to: stop receiving e-mails or other correspondence from us, seek assistance with viewing and correcting Information, and close your User Account.  To protect privacy, we may request information to verify your identity when you contact us.

 

Safeguarding Information

Sabe takes the security of your information seriously. We store your information in electronic format using computer systems with restricted access and housed in facilities using physical security measures.  More generally, we have in place appropriate physical, technological, and organizational safeguards to protect Information against loss, theft, and unauthorized access, use and disclosure.  As mentioned, Sabe Personnel are obligated to protect Information by adhering to our policies, practices and applicable laws.

You also play an important role in protecting your privacy and the confidentiality of your Information. For example:

  • Create a strong and unique password for your User Account, using Sabe’s password strength estimator, and update it periodically.
  • Do not share your User Account or password with anyone. We will never ask you for your password, including in any unsolicited communication such as letters, phone calls or email messages, so please contact us if you receive such a request.
  • Log out of your User Account once you are finished using it, especially if you share your Device with anyone else.
  • Have a strong and unique password on your Device, too.
  • Choose a quiet, private location from which to receive services from Authorized Physicians and Authorized Non-Physician Providers.

 

Collecting, Using and Sharing Data

Sabe de-identifies Information on behalf of Authorized Physicians and Authorized Non-Physician Providers. Under their agreement with Sabe, Authorized Physicians and Authorized Non-Physician Providers permit Sabe to collect and use the resulting de-identified data for purposes that include: quality control activities designed to ensure use of the Sabe Platform in compliance with the Sabe Physician Services Agreement, Authorized Non-Physician Provider Agreements such as the Sabe Therapists Agreement, and the Terms and Conditions; improving the Sabe Platform and more generally, the use of patient-initiated telemedicine services (through an understanding of usage and utilization patterns by Users and Authorized Physicians and Authorized Non-Physician Providers); conducting academic research and designing surveys (to be posted and completed at the discretion of Users).  We will not use Data to re-identify individuals.

 

Cookies and Similar Technologies

The Sabe Platform, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons.  We use these technologies to better understand User behaviour, analyze trends, administer, personalize and improve the experience of using the Sabe Platform.  You have the ability to accept or decline our use of cookies.  You can refuse cookies by turning them off or blocking them in your Internet browser.  If you decide to turn off or block cookies, the Sabe Platform might not function correctly.  At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the Sabe Platform.  These companies may also use cookies and other technologies to report certain information about your visits to the Sabe Platform and other websites (such as web pages you visit from and your response to ads on the Sabe Platform) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our Sabe Platform.  By using the Sabe Platform and not turning off cookies, you are consenting to their use for the purposes described in this Policy.

 

Links and Third Party Websites and Applications

The Sabe Platform may contain links to other websites that we do not own or operate.  These links are not intended as an endorsement of or referral to the linked websites.  We strongly encourage you to review the privacy policies applicable to any site you visit.  This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites or their operators which are provided solely for your convenience.

 

Policy Changes

We publish the current version of our Policy at www.sabewellness.ca/privacy.  We reserve the right to amend our Policy at any time.  Check back often to ensure you are aware of our current practices for collecting, using, disclosing, retaining, destroying and protecting Information.

 

Contact Us

If you have any questions, concerns or suggestions about our privacy practices, please contact our Chief Compliance Officer. Please include your name and contact information if you’d like us to respond to you.

 

Sabe Wellness Medical Clinic Inc.

ATTN: Chief Compliance Officer

info@sabewellness.ca

101-395 Stafford Street

Winnipeg, Manitoba, R3M 2X4

 

Definitions

“Authorized Physician” means physician who are are independent, regulated health professionals.  Each Authorized Physician is responsible for their own license and registration authorizing the practice of medicine in a Province or Territory of Canada. Sabe is not a healthcare provider. Authorized Physicians alone are responsible for the Healthcare Services and Informational Services they provide through the Sabe Platform.

“Authorized Non-Physician Provider” is an independent, regulated health professional (such as psychotherapists or nurses).  Each Authorized Non-Physician is responsible for their own license and registration authorized by their regulating body in a Province or Territory of Canada.  Sabe is not a healthcare provider.  Authorized Non-Physician Providers alone are responsible for the Healthcare Services and Informational Services they provide through the Sabe Platform.

“Data” means information collected or compiled through the Sabe Platform which has been de-identified.

“De-identify” in relation to PHI, means to remove information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual.

“Device” means a mobile or desktop device owned or controlled by a User and used to access Sabe Physician Services.

“Health Care” means any observation, examination, assessment, care, service or procedure that is provided by a physician or a non-physician healthcare provider to an individual to diagnose, treat, or maintain the individual’s physical or mental condition, to prevent disease or injury to the individual, or to promote the individual’s health.

“Healthcare Services” means the provision of Health Care by an Authorized Physician or an Authorized Non-Physician Provider through the Sabe Platform.

“Informational Services” means the provision of general information about a disease or condition, rather than patient specific medical information, for educational purposes only and for clarity, not including a diagnosis, treatment or advice based on observation, examination or assessment of a particular patient.

“Sabe Platform” means the hardware, software, applications, websites, content, products and services owned and/or operated by us, which include the software that enables Authorized Physicians and Authorized Non-Physician Providers to provide Healthcare Services and Informational Services to Authorized Users.

“Personal Information” means information about an identifiable individual which is not PHI and which is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the Sabe Platform.

“Personnel” in relation to Sabe, means its employees and agents including independent contractors and sub-contractors, for whom Sabe is responsible at law.

“PHI” or “personal health information” means information about an individual’s health or healthcare that is subject to Privacy Law and that is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the Sabe Platform.

“Privacy Law” means the applicable legislation governing the collection, use, disclosure, and/or protection of PHI in the Province or Territory in which a User resides.

“User” means an individual who has registered and created a Sabe User Account in accordance with our Terms and Conditions and is thereby eligible to receive Healthcare Services and/or Informational Services through the Sabe Platform.

 

Medical Supplies and Equipment Sales Terms and Conditions

The following terms and conditions form an integral part of the pricing quote you have received from Sabe Wellness

Acceptance of Sabe Wellness Medical Supplies and Equipment Terms and Conditions 

These Sabe Wellness Medical Supplies and Equipment Terms and Conditions constitute a legal agreement and are entered into by and between you and Sabe Wellness Medical Clinic Inc. (“Sabe Wellness”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, this “Agreement”), govern the purchase of products (“Products”) from Sabe Wellness.

BY YOUR PURCHASE OF PRODUCTS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT BUY PRODUCTS FROM SABE WELLNESS.

 

PRICING 

  1. Prices quoted are valid for 30 days unless otherwise noted. 
  2. Quoted prices are exclusive of all taxes and subject to duty, where applicable.
  3. Prices are subject to re−negotiation in the event of fluctuations in foreign exchange, inflation and manufacturing price increase.  
  4. Sabe Wellness will not be held accountable for maintaining contract pricing on discontinued products. Sabe Wellness will use commercially reasonable efforts to source and identify to you substitute products, which will be offered at the then current market price. 

E: Sabe Wellness reserves the right to change quoted prices without notice in the event of typographical errors.

F:  All prices are exclusive of applicable taxes and duties, which will be added to the quoted prices and shall be the responsibility of the customer.

G: Unless expressly stated otherwise, all prices are quoted and payable in Canadian currency.

 

TERMINATION OF EXISTING AGREEMENT 

This Agreement becomes null and void if the customer joins a future dated agreement for the same products under this agreement. 

 

PRODUCT DELIVERY 

Except for financial reasons, if the performance of this agreement or any obligation hereunder is prevented by circumstances beyond the reasonable control of the party affected, including and without limitation, fire, explosion, power failure, Acts of God, shortages of materials and supplies, breakdowns in or the loss of production, acts of war or terrorism, strikes, lockouts, labour controversies, and amendments to applicable laws, regulations or governmental controls, then the party affected shall be excused from such performance for the circumstance duration. 

The quantity of any installment of Products as recorded by Sabe Wellness on dispatch from Sabe Wellness’s place of business is conclusive evidence of the quantity received by Customer on delivery unless Customer can provide conclusive evidence proving the contrary. Sabe Wellness shall not be liable for any non-delivery of Products (even if caused by Sabe Wellness’s negligence) unless Customer gives written notice to Sabe Wellness of the non-delivery within 10 days of the date when the Products would in the ordinary course of events have been received. Any liability of Sabe Wellness for non-delivery of the Products shall be limited to delivering the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.

 

LIMITATION OF LIABILITY 

Notwithstanding any provision to the contrary, Sabe Wellness will not be liable for any indirect, consequential or special damages however so arising pursuant to this Agreement or the purchase and use of any products.  

IN NO EVENT SHALL SABE WELLNESS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY SABE WELLNESS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

ORDER CANCELLATION 

Any request to cancel product orders must be received by Sabe Wellness within 48 hours of submission of your original order. In the event a cancellation notice has not been received within 48 hours, all orders will be deemed to be noncancellable. Sabe Wellness will make commercially reasonable efforts to accommodate requests for order cancellation.   

 

MINIMUM ORDER POLICY

Orders below a minimum order value (before applicable taxes) may be subject to a handling fee. 

 

SHIPPING 

Unless otherwise agreed in writing, all orders are shipped as determined by Sabe Wellness in its sole discretion. Orders will be shipped in accordance with scheduled dates of delivery as will be mutually agreed. Delivery lead time may vary from product to product. Sabe Wellness reserves the right to apply a shipment charge. If you request a means of transportation that differs from the mode of transportation selected by Sabe Wellness, you will assume responsibility for any freight costs and any risk of loss or damage in transport transfer point freight prepaid and collect beyond. 

 

TERMS/PAYMENTS/INVOICES 

Payment shall be in accordance with the terms stated on the Sabe Wellness invoice. Invoices not paid according to Sabe Wellness terms of sale are subject to a late payment charge of 1.25% per month (15% per annum) or the highest amount allowed by law, if lower. Any portion of an invoice that is disputed MUST be explained to determine whether or not credit is due. To expedite resolution of your dispute, please enclose a copy of disputed invoice along with your remittance.  Sabe Wellness will submit invoices directly to the address of the customer, and Credit Card will be the preferred form of payment.  

 

PROOF OF DELIVERY 

Any requests for proof of delivery may be subject to an applicable service charge if able to provide. 

 

SHORT SHIPMENTS 

Any short shipments identified at the time of delivery must be noted on the consignee copy of the freight bill. A Sabe Wellness Customer Service Representative must be notified and provided with all detailed information within 48 hours of shipment receipt. 

 

WARRANTY 

There are no warranties whether express or implied which extend beyond the description and directions set forth on the product labels purchased from Sabe Wellness. Unless products are used according to label directions, all warranties expressed or implied, including warranty of merchantability or fitness, are specifically excluded. 

 

REPROCESSING OF SINGLE-USE DEVICES 

Please note that the reuse of single use devices can result in serious risk and injury to patients.  Sabe Wellness will not assume any liability related to the reuse of its single use devices. Warranty or repairs related to the reuse of the single use products on equipment will be null and void. 

 

DISCLAIMER

  1. To the maximum extent permitted by applicable law, all products are sold or otherwise provided to you on an “as is”, “where is” and “with all faults and errors”  basis. Sabe Wellness and our agents, suppliers and licensors expressly disclaim any warranties and conditions of any kind, whether express, implied or statutory, including, without limitation, merchantability, fitness for a particular purpose, accuracy, non-infringement of third party rights, and any warranties arising out of course of dealing or usage of trade, with respect to all products.
  2. Notwithstanding the foregoing, some products may be covered by warranties provided by the original third party manufacturer. Such third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. You acknowledge that such third party warranties may be limited or voided if unauthorized persons perform support service on the product covered. It is your responsibility to ensure that any third party warranties are acceptable to you prior to purchasing any product. Sabe Wellness. does not take responsibility for third party warranties.
  3. Sabe Wellness shall not be liable for a breach of the warranty set forth above unless: (i) Customer gives written notice of the defect, reasonably described, to Sabe Wellness within 30 days of the time when Customer discovers or ought to have discovered the defect; (ii) Sabe Wellness is given a reasonable opportunity after receiving the notice to examine such Products and Customer (if requested to do so by Sabe Wellness) returns such Products to Sabe Wellness’s place of business at Sabe Wellness’s cost for the examination to take place there; and (iii) Sabe Wellness reasonably verifies Customer’s claim that the Products are defective.
  4. Sabe Wellness shall not be liable for a breach of the warranty set forth above if the defect arises because Customer failed to follow Sabe Wellness’s or the Product label’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products.

 

RETURNED GOODS POLICY 

  1. All returns must be authorized by the Customer Service Representative. 
  2. Each request must include the following: a. Customer name and address b. Invoice number and date c. Customer P.O. number d. Quantity, item number, description of item, lot number and expiry date e. Reason for return 
  3. The return shipment must be coordinated with the Customer Service Representative, who will advise of the proper mode of transport and product return location. Goods must be returned within 10 days of obtaining the RGA #, in original packaging, otherwise acceptance cannot be assured. Upon satisfactory inspection of goods, a credit will be issued.   
  4. Quality and Regulatory Complaint returns – Customer will promptly notify Sabe Wellness of any potentially defective or hazardous product (or any health or safety issues generally, including but not limited to any instances or suggestions of injury or death) with respect to any products delivered to you by Sabe Wellness. You agree to keep an adequate record of the goods that are received from Sabe Wellness that may be needed to facilitate a recall, if necessitated. A product complaint must be logged PRIOR to issuing a return. A return approval will be provided once the complaint is reviewed and qualified for return. 
  5. Goods ordered in error are to be returned PREPAID. A minimum restocking fee is applicable. This value is dependent on the item being returned and/or the vendor’s return policy. 
  6. Goods shipped in error are to be returned COLLECT via Sabe Wellness’s carrier of choice. 
  7. Returns may not be authorized for a variety of reasons including but not limited to the following:  a. Any item not purchased from the company. b. Any item purchased on a “special order” basis (unless the original vendor will accept the return). A minimum restocking fee is applicable. This value is dependent on the item being returned and/or the vendor’s return policy. c. Expired or short dated products (less than six month expiration). Some manufacturer may authorize returns/credit under specific conditions. Customer Service Representative will advise the Customer per manufacturer’s return policy. d. Any product for which special storage requirements are required (e.g. refrigeration). e. Partial units of sale. f. Merchandise past 60 days of invoicing. g. Products not in original, unopened packaging. h. Drug Products: Manufacturers from time to time may authorize returns under strict conditions.  These conditions and any requirements presented must be met (documentation / proof of temperature etc.).  Note that irrespective of Manufacturer direction, home patient and non-healthcare facilities drug returns are not permitted under any condition. j. Natural Health Products (NHP), which are home patient returns, and/or the customer does not complete the applicable Storage form. 
  8. Procedures for handling damaged goods and freight claims: a. Inspect all shipments the day that they are received. b. Any shipment damaged in transit requires an inspection from the delivering carrier. Noticeable damage must be noted on the consignee copy of the freight bill at the time of delivery, or the claim will be disallowed. c. Shipping discrepancies must be reported within 48 hours of delivery. d. Concealed damage must be reported and a request for inspection made within five days of delivery. e. Inspection results in a damage report, which is mandatory when filing a claim, per Department of Transport regulations. f. Retain the merchandise in original packaging pending carrier inspection. g. Contact the delivering carrier and request an inspection within five days for receipt of shipment. h. Notify Sabe Wellness’s Customer Service Representative and provide all detailed supporting information. 
  9. Transportation charges may apply based on customer location and reason for return. This will be calculated based on a flat charge or a percentage of the invoice value. 
  10. Requests for NHP Product returns (either Sabe Wellness error or customer error) that are not due to product complaints: a. Customer Service Rep must procure the “Storage Condition Confirmation Form” prior to providing any RGA (and forward it to return coordinators). Non-stock adjusting credits are not allowed unless the expectation is for the product NOT to be returned to stock.  This may change from time to time based on Health Canada requirements and guidance. 

 

BINDING NATURE AND ASSIGNMENT 

This Agreement is binding upon both Sabe Wellness and the customer and their respective successors and permitted assignees. Neither party has the right to assign this Agreement without the prior written consent of the other party except that Sabe Wellness is entitled to assign (including an assignment by operation of law) this Agreement to an Affiliate of Sabe Wellness. 

 

CONFIDENTIALITY 

The Terms and Conditions and related information of this agreement are confidential to Sabe Wellness and are not to be disseminated, distributed or otherwise conveyed to third persons, other than those officials (including independent auditors) and employees of the parties whose duties require knowledge thereof, without the express written consent of the other party, except as required by law or at the direction of a court or regulatory authority of competent jurisdiction. 

 

INDEMNIFICATION

Indemnification. Customer shall indemnify, defend and hold harmless Sabe Wellness and its officers, directors, employees, agents, parent company, affiliates, subsidiaries, successors and permitted assigns] (collectively, the “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party/awarded against Indemnified Party, relating to/arising out of or resulting from any claim of a third party or Sabe Wellness arising out of or occurring in connection with the products purchased from Sabe Wellness or Customer’s negligence, wilful misconduct or breach of this Agreement. Customer shall not enter into any settlement without Sabe Wellness’s or Indemnified Party’s prior written consent.

 

ENTIRE AGREEMENT

This Agreement, including and together with any related exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, conditions and warranties, both written and oral, regarding such subject matter.

 

GOVERNING LAW 

This Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the Province of Manitoba, and the federal laws of Canada applicable therein without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Province of Manitoba. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 

 

Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of Manitoba, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

 

AMENDMENTS AND MODIFICATIONS

No amendment to or modification of this Agreement is effective unless it is in writing, identified as an amendment to this Agreement and signed by an authorized representative of each party.

 

WAIVER

No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

SEVERABILITY

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

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