Product Catalogue

Terms and Conditions

Terms and Conditions

Terms and Conditions

SABE WELLNESS SPOT SABE
OFFICIAL CONTEST RULES

 

  1. Sponsor. The Spot Sabe (Contest) is sponsored by Sabe Wellness Medical Clinic Inc., 395 Stafford St., Winnipeg, MB R3M 2X4 (Sponsor).

 

  1. Eligibility. This Contest is open to legal residents of Canada, excluding Quebec, who have reached the age of majority in their province or territory of residence at the time of entry, with the exception of employees of the Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials, and those living in the same household. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules. Entrants who do not comply with any of the Contest Rules are subject to disqualification by the Sponsor, in Sponsor’s sole discretion.

 

  1. Contest Dates and Times. The Contest begins on March 26, 2021 at 7:00 a.m. Central Time and ends on April 16, 2021 at 12:00 a.m. Central Time (Contest End Date) after which time the Contest will be closed and no further entries will be accepted.

 

  1. How to Enter. You can enter by posting a picture of the Sabe Wellness ad on a Winnipeg transit bus on facebook, instagram, or twitter, with the hashtag #SpotSabeWellness. For this Contest receipt of an Internet entry occurs when the entry information is publicly posted on the applicable social media platform. All entries must be complete and are subject to verification by the Sponsor, in its sole discretion. Limit one entry per person.

 

Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Contest Rules are void. Entrants grant Sponsor a non-exclusive, irrevocable, perpetual, royalty-free licence to use all entries for any purpose. No correspondence will be entered into except with Selected Entrants. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.

 

  1. Contest Prizes. There are a total of five (5) prizes available to be won as follows: a Sabe Wellness branded reusable mask (approximate retail value: $10.00).

 

All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Contest or the use or redemption of a prize. Prizes must be accepted as awarded and have no cash value. Prizes or any portion of a prize cannot be combined with other discounts, promotions or special offers. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at the time of award.

 

  1. Odds of Winning. The odds of winning depend on the number of eligible entries received before the Contest End Date.

 

  1. Skill-testing Question. Selected Entrants will be required, as a condition of winning a prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question.

 

  1. Winner Selection and Confirmation. On April 30, 2021 at 11 a.m Central Time at 395 Stafford St, Winnipeg, MB R3M 2X4 (Draw Date) the Sponsor, or an employee, agent or other representative of the Sponsor, will conduct a random draw from all eligible entries received before Contest End Date and select the potential winners (Selected Entrants). Selected Entrants will be deemed winners if they meet all of the eligibility criteria set out in these Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries. Before being declared a winner, Selected Entrants will be required to: (i) correctly answer the Sponsor’s skill-testing question; and (ii) comply with all other Contest Rules, all in the sole discretion of Sponsor.

 

Selected Entrants will be notified within fifteen (15) business days of the contest draw and will be contacted via the social media platform contact information provided at the time of entry into the Contest. Up to three attempts will be made to contact Selected Entrants within fifteen (15) business days following the draw. A Selected Entrant that does not or cannot accept a prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsor’s sole discretion. A signed copy of the Sponsor’s Winner Release must be received by the Sponsor no later than May 30, 2021. Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response.

 

Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the individual assigned to the social media account entered at the time of entry (Authorized Account Holder). Each Selected Entrant may be required to provide proof that they are the Authorized Account Holder associated with a selected entry.

 

  1. Release and Indemnification. All winners must sign the Sponsor’s Winner Release to: (i) confirm compliance with all Contest Rules; (ii) agree to accept prizes as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, Facebook and Instagram, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (Released Parties) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of entries by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by entrants with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize, and the use of entries by the Sponsor.

 

The Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries that fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Winner Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize, including any related travel and the use of entries by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.

 

  1. Other Conditions. The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.

 

  1. Publicity and Entrant Information. By participating in the Contest, entrants consent to the use of their picture, name, address, email address, postal code, telephone number, social media handle(s), comments and image, whether on videotape, photograph or any other means, for the administration of the Contest or any publicity carried out by the Sponsor, without further notice or compensation.

 

  1. Law. The Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Contest shall be governed exclusively by the laws of the province of Manitoba, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Winnipeg, Manitoba.

 

  1. Rule Amendments. The Sponsor reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.
  2. No Affiliation.  The Contest is not sponsored, endorsed, administered by or associated with Facebook or Instagram.
  3. Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved.  Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.

 

© Sabe Wellness Medical Clinic Inc. 2021. All Rights Reserved.

 

Winner: ______________________________

Name: ______________________________

 

Dated this __________ day of __________, 2021.

 

Skill-Testing Question

10 x 15 + 50 – 10 =

Sabe Wellness Medical Clinic (“Sabe”) Terms and Conditions

  • Last Amended December 1, 2020.

Contractual Relationship

These Terms and Conditions (“Terms”) govern the access and/or use, by individuals who have registered with Sabe and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “Sabe Platform”), owned and operated by Sabe Corporation (“Sabe”, “we”, “us”).  For clarity, these Terms set out circumstances in which you may use the Sabe Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to seek Healthcare Services as defined below (each a “Registered Dependent“).

By accessing and using the Sabe Platform, or participating in any Sabe Programs, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Sabe.  If you do not agree to these Terms at any point, you must immediately cease accessing the Sabe Platform and participating in any Sabe Programs.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Sabe Platform or participating in any Programs, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.

On notice to you, Sabe may immediately terminate these Terms and/or any Sabe Programs, and/or access to the Sabe Platform or participation in any Sabe Programs, or generally cease offering or deny access to the Sabe Platform or any portion thereof and/or any Sabe Programs, at any time, for any reason.

 

Authorized Physicians

All physicians providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Physician”) 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.

To the extent permitted by the law in the Province or Territory in which you reside, Authorized Physicians may be located in your Province or Territory or another Province or Territory of Canada.  If you want information about any particular Authorized Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Physicians and Surgeons” of the Province), in the Province or Territory in which the Physician Practices.

 

Authorized Non-Physician Providers

All non-physician providers providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Non-Physician Provider”) are independent, regulated health professionals (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.

To the extent permitted by the law in the Province or Territory in which you reside, Authorized Non-Physician Providers may be located in your Province or Territory or another Province or Territory of Canada.  If you want information about any particular Authorized Non-Physician Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Non-Physician Provider Practices.

 

Services

Authorized Physicians and Authorized Non-Physician Providers may provide two kinds of services through the Sabe Platform: health care services (“Healthcare Services”) and/or general information about diseases and conditions and how they are treated in Canada (“Informational Services”).

Telemedicine is the delivery of health care and other services using interactive text, audio and video technology, where the patient and the physician are not in the same physical location.  During your telemedicine consultation with an Authorized Physician or a Non-Physician Provider, you will be asked to provide the Authorized Physician or Non-Physician Provider certain Personal Information including Personal Health Information (collectively referred to together 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 type of services that are available to you through the Sabe Platform depends on your province of residence and the location you are in at the time you request the services.  This is because telemedicine is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.

1) Healthcare Services and Limits on Healthcare Services

Healthcare Services will only be made available to you if you are a temporary or permanent resident of a Canadian Province or Territory, whether or not physically in the Province or Territory at the time that you request the Healthcare Services (“Residency Requirements”).  The relationship between you and an Authorized Physician providing Healthcare Services is a physician-patient relationship.  Sabe is not a party to that relationship and is not responsible or liable for any Healthcare Services provided in accordance with that physician-patient relationship.  The relationship between you and an Authorized Non-Physician Provider providing Healthcare Services is a provider-patient relationship.  Sabe is not a party to that relationship and is not responsible or liable for any Healthcare Services provided in accordance with that provider-patient relationship.

There are restrictions on the Healthcare Services that can be provided through the Sabe Platform.  YOU MUST NOT USE THE SABE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.

The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.

In addition to the limitations set out above, Authorized Physicians and Authorized Non-Physician Providers are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.

YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PHYSICIAN OR AN AUTHORIZED NON-PHYSICIAN PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION.  YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.

You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.  Do not report drug reactions, side effects or adverse events through the Sabe Platform.

Authorized Physicians and Authorized Non-Physician Providers have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.

Sabe is not a replacement for primary care.  Please note that interaction with an Authorized Physician through the Sabe Platform 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 Authorized Physician.  We do not provide your family physician with a report about the Healthcare Services that you receive through the Sabe Platform.  So your family physician can take into consideration these Healthcare Services, including any prescriptions, it is always advisable that you advise your physician about the Healthcare Services you receive, including the issues that caused you to request them.  As described below, the Sabe Platform enables you to send a summary of your Healthcare Services to a physician of your choice.

2)  Informational Services and Limits on Informational Services

Informational Services are available to you whether or not you meet the Residency Requirements.  Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party medical expert on a phone in radio show) and are not Healthcare Services.  The information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment.  Sabe is not a party to your relationship with an Authorized Physician or an Authorized Non-Physician Provider providing Informational Services.

Informational Services do not replace consultations with qualified medical or other relevant healthcare professionals.  You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Sabe, Authorized Physicians, and Authorized Non-Physician Providers providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Sabe or an Authorized Physician, or an Authorized Non-Physician Provider directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services.

Authorized Physicians and Authorized Non-Physician Providers have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a diagnosis or treatment.

3)  Sabe Wellness Pharmacy

Sabe also offers prescriptions, medical supplies and medical equipment through its online pharmacy platform.  We accept transfer and refill requests, and provide services to meet your pharmaceutical needs including:

  • Keeping electronic records of all your prescriptions. Your medication record will be automatically updated every time you fill a new prescription or refill an existing one. As long as you fill all your prescriptions through the Sabe pharmacy platform, we can provide you or your doctor with a copy of your complete medication history at any time.
  • Sabe tracks drug interaction and allergies because medications do not work in isolation. Medications can affect, and be affected by, other medications you are taking, and they affect your body. Sabe checks to make sure that your medications are not interacting with each other, and that you are not receiving a medication that could provoke an allergic reaction.
  • Sabe pharmacists provide prescription information in detail and provide you with: 1) the drug name; 2) what the drug does; 3) How and at what time the drug should be taken; 4) the importance of taking the drug as directed, regularly or when needed; 5) what to do if the drug is missed; 6) common side effects; 7) food, drink, other drugs or activities to avoid; 8) special storage requirements; and 9) refill information.
  • Sabe offers and will provide a wide selection of printed information on health care concerns upon request. Our pharmacists are highly trained health care professionals and can be available for private consultations to answer questions about your health and medications.

 

Privacy

Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy, located at www.sabewellness.ca/privacy-policy/  You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.

By authorizing someone else (a “Third Party”) to pay the fees for your Healthcare Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Sabe, and Sabe will rely on your representation, that:

  1. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Sabe Platform and Healthcare Services and/or Informational Services;
  2. disclosing the information that you have requested Healthcare Services to the Third Party to permit Sabe to process payment for the Healthcare Services and/or Informational Services; and
  3. notifying the Third Party of any changes or termination of your access to the Sabe Platform.

If you have questions about our privacy program, our management of your Information, or the personal information that we disclose to Third Party payers, please contact us as set out in our Privacy Policy.

 

The Sabe Platform and Healthcare Services

The Sabe Platform enables you to access the online provision of health care from healthcare providers who practice in one or more Provinces or Territories of Canada, for you.  The Sabe Platform and Healthcare Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Healthcare Services.  By using the Sabe Platform and Healthcare Services, you represent and warrant that you, or any Registered Dependent, meets the Residency Requirements at the time that the Healthcare Services are provided.  You agree that the Sabe Platform is made available solely for your personal and non-commercial use.

The Sabe Platform also enables you to: store Information (including PHI created or compiled in the course of providing Healthcare Services) and to share it with Authorized Physicians and Authorized Non-Physician Providers; and receive and store prescriptions and sick notes, among other documents, from Authorized Physicians and Authorized Non-Physician Providers electronically.  The Sabe Platform offers or may offer optional services that Sabe will perform on your behalf, at your direction, including the ability to: fax securely a summary report about your Healthcare Services to a physician of your choice; fax securely your prescription to your chosen pharmacy and receive notice when it is ready for pick-up; open an account for you with a prescription delivery service; and, where available, securely transmit your information to the prescription delivery service.

 

The Sabe Platform and Informational Services

The Sabe Platform enables you to access the online provision of general medical information from Authorized Physicians and Authorized Non-Physician Providers.  You acknowledge and agree that the Sabe Platform and Informational Services are made available solely for your personal and non-commercial use.  BY REGISTERING TO USE THE SABE PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:

  1. The Sabe Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Physicians and Authorized Non-Physician Providers for the provision of Healthcare Services and/or Informational Services, that Sabe is not a party to the relationship between you and any Authorized Physician or Authorized Non-Physician Providers providing Healthcare Services and/or Informational Services. Authorized Physicians and Authorized Non-Physician Providers are independent contractors who are not employed by Sabe or otherwise affiliated with Sabe.
  2. AUTHORIZED PHYSICIANS AND AUTHORIZED NON-PHYSICIAN PROVIDERS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
  3. As with any other medical consultation, no results can be guaranteed or assured: your Authorized Physician or Authorized Non-Physician Provider may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the Sabe Platform.
  4. As with any other health care service, there are risks associated with the use of the Healthcare Services.
  5. There are risks associated with any inappropriate reliance on Informational Services.
  6. The Sabe Platform may not permit the transmission of information in a way that allows the Authorized Physician or Authorized Non-Physician Provider to provide Healthcare Services or Informational Services (e.g., poor resolution of images).
  7. You are responsible for providing the Authorized Physician and Authorized Non-Physician Provider with the information that he or she advises is required in order to provide you with Healthcare Services or Informational Services.
  8. The laws that protect the privacy and security of PHI apply to telemedicine; (again, please see our Privacy Policy).
  9. The content and material appearing on the Sabe Platform could include technical, typographical or photographic errors. Sabe does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).

 

Content

None of the information or materials (collectively, excluding Healthcare Services, (“Content”) available through the Sabe Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.  Content is for informational purposes only.  It is your responsibility to discuss any Content with your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.

 

Ownership

The Sabe Platform, all Contents and rights therein, except PHI, are and shall remain Sabe’s property or the property of Sabe’s licensors.  Neither these Terms nor your use of the Sabe Platform convey or grant to you any rights to use or reference in any manner Sabe’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Sabe’s licensors.  You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.

 

User Accounts

In order to use the Sabe Platform, including obtaining Healthcare Services or Informational Services, you must register for and maintain an active personal account (“User Account”).  You must be at least 18 years of age to create a User Account, unless you are associated with a Third Party that permits individuals under the age of 18 to create a User Account (e.g. such as an international student in Canada associated with a specific insurance provider that is paying Fees on your behalf) and you meet the Third Party minimum age requirement specified to you in any additional terms at the time you create the User Account.  You are only permitted to request Healthcare Services for you or for Registered Dependents you have added to your User Account.  You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information.  Again, you are only permitted to request Healthcare Services for yourself or Registered Dependents. You may request Informational Services for you only.

You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times.  Unless otherwise permitted by Sabe in writing, you may only possess one User Account.

 

Restrictions

While using the Sabe Platform, you may not, and represent and promise that you will not:

  1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
  2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Sabe Platform except as expressly permitted by Sabe.
  3. Decompile, reverse engineer or disassemble the Sabe Platform except as may be permitted by applicable law.
  4. Link to, mirror or frame any portion of the Sabe Platform.
  5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Sabe Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sabe Platform.
  6. Attempt to gain unauthorized access to or impair any aspect of the Sabe Platform, or its related systems or networks.
  7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  8. Use the Sabe Platform in a manner that violates any laws.

 

In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Sabe Platform, including Authorized Physicians and Authorized Non-Physician Providers. You agree that you will not contact Authorized Physicians and Authorized Non-Physician Providers in respect of Healthcare Services or Informational Services except through the Sabe Platform. For clarity, Sabe has no interest in or control over any interaction that you may have with Authorized Physicians and Authorized Non-Physician Providers outside the Sabe Platform and unrelated to Healthcare Services or Informational Services.

 

Termination

As set out above, Sabe reserves the right to terminate any User’s access or use of the Sabe Platform at any time, for any reason. If your User Account is terminated, Sabe will have no further obligation to provide access to the Sabe Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Physician or an Authorized Non-Physician Provider in connection with his or her professional obligations to you.

You may deactivate your User Account at any time, for any reason, by logging in to your User Account at www.sabewellness.ca/login.  Please see our Privacy Policy in relation to our management of Information on the deactivation of a User Account.

 

Fees, Physician Payment and Payment Options

Like certain other health professional services, Healthcare Services are provided for a fee.  The fees for Healthcare Services are only for those elements of Healthcare Services not covered by the provincial health plan in your Province or Territory of residence.  We do not charge for services that are covered by provincial health plans. Where you have questions about fees charged for Healthcare Services, please contact us.

You understand that you will be charged a fee for any Healthcare Services and/or Informational Services you receive from an Authorized Physician and/or an Authorized Non-Physician Provider, unless the fees are paid by someone else (e.g. your employer) as permitted under these Terms. There are two options available for payment: pay-per-visit or membership. These options are described below.

We charge Authorized Physicians and Authorized Non-Physician Providers a service fee for using the Sabe Platform which we deduct from the fees paid for Healthcare Services and Informational Services.  Sabe facilitates payment of the fees to the Authorized Physician or Authorized Non-Physician Provider.  Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Authorized Physician or Authorized Non-Physician Provider.  All fees for Healthcare Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.

Pay-per-visit option: You may pay the fees for Healthcare Services and Informational Services (“Fees”) at the time you request Healthcare Services and/or Informational Services.  Sabe requires you to submit credit card information prior to any Healthcare Services or Informational Services being provided to you for the purpose of validation of the card.  You will not be able to begin accessing Healthcare Services or Informational Services through the Sabe Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation.  You agree that Sabe, on behalf of Authorized Physicians and Authorized Non-Physician Providers, may validate your credit card and put a hold on it in the amount of the Fees.  Sabe will notify you of any applicable Fees and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services or Informational Services.  Sabe will provide you with a receipt for the Fees you pay.

Membership option: Sabe may allow you to purchase access to certain specified Healthcare Services or Informational Services during a fixed membership term for a flat fee (“Membership Fee”).  Sabe will notify you of the applicable Membership Fee and the Healthcare Services and Informational Services that are covered by the Membership Fee in any given year, and will have the Membership Fee processed to your credit card before the first time you obtain Healthcare Services or Informational Services under your membership.  For the duration of your membership, you will not be charged additional fees for any Healthcare Services or Informational Services covered by your membership.  The only additional fees would be for Healthcare Services or Informational Services you request that are outside of your membership and accordingly not covered by your Membership Fee.  For access to Healthcare Services or Informational Services not covered by your membership, you must use the pay-per-visit-option.  Your membership will automatically renew until cancelled by you in the Billing section of your Account Settings.  In the event of an increase in the Membership Fee, we will notify you in advance, and ask whether you want to continue your membership.  Your Membership Fees are non-refundable, except where Sabe terminates your access to the Sabe Platform, in which case Sabe will give you a pro rata refund of your Membership Fee.  For clarity, Sabe will refund the portion of your Membership Fee corresponding to the number of months remaining on your membership on the date of termination.

 

Third Party Payment/Coverage

Sabe may permit a Third Party (e.g. employer) to pay the Fees and/or Membership Fees for some or all of the Healthcare Services or Informational Services provided to a User or group of Users.  In these circumstances, Sabe has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with Sabe to obtain Healthcare Services and/or Informational Services, and for whom the Third Party will pay the Fees or Membership Fees for some or all of the Healthcare Services or Informational Services they receive.  The payment option will be determined by the Third Party and Sabe.  Sabe is not a party to and has no control over the agreement between any User and a Third Party payer.  Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fees.  Sabe will inform Users of any changes to or termination of their Third Party coverage.  Users whose Third Party coverage is terminated may be given the option of continuing to use the Sabe Platform under their existing account so long as they pay the Fees or Membership Fees.

 

Disclaimer

THE SABE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” SABE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SABE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SABE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  SABE DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES OR INFORMATIONAL SERVICES.  YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE SABE PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES AND INFORMATIONAL SERVICES.

 

Limitation of Sabe’s Liability

UNDER NO CIRCUMSTANCE SHALL SABE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SABE PLATFORM AND/OR HEALTH CARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED PHYSICIANS AND/OR AUTHORIZED NON-PHYSICIAN PROVIDERS.  SABE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SABE PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SABE PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PHYSICIAN OR ANY AUTHORIZED NON-PHYSICIAN PROVIDER.  SABE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SABE’S REASONABLE CONTROL.  YOU AGREE THAT SABE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE SABE SITE OR THE HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED PHYSICIANS AND AUTHORIZED NON-PHYSICIAN PROVIDERS.

Sabe is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Sabe Platform.  Sabe makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Web site and expressly disclaims liability for errors and omissions in the contents of this Web site.  No warranty of any kind, implied, expressed, or statutory, including, but not limited to, the warranties of non-infringement of third party rights, title, merchant-ability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this Web site or its hyperlinks to other Internet resources.

Sabe shall not be liable for any damages or injuries whatsoever arising out of or relating to the use of this web site or any web site linked to this web site, whether or not such damages or injuries might be foreseeable and whether or not Sabe or any of its Associates has been negligent.  Not withstanding anything else in this agreement, any liability of Sabe shall be limited to fees paid to Sabe in the three (3) months preceding the event giving rise to liability.

 

Indemnity

You agree to indemnify and hold Sabe (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Sabe Platform, Healthcare Services and/or Informational Services obtained through your use of the Sabe Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Physicians and/or Authorized Non-Physician Providers, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends.  Through the Sabe Platform, you may use certain services that are not provided by Sabe and that we identify to you for your convenience, e.g., prescription delivery services.  To the extent that a service is not provided by Sabe, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Sabe.

 

General Provisions

Entire Agreement.  These Terms constitute the entire agreement and understanding of Sabe and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.

Governing Law.  These Terms are governed by the laws of Manitoba and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws.  By accessing the Sabe Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Winnipeg, Manitoba.

Non-assignment.  These Terms are not assignable, transferable, or to be sublicensed by you except with Sabe’s prior written consent. Sabe may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to External Websites.  Links on Sabe’s Platform to other websites or resources including those operated by parties other than Sabe, are provided for your convenience.  Sabe is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources.  Your access and viewing of any third party websites or resources is conducted at your own risk.  Sabe is not responsible even where we link you to those resources or refer you for your convenience.

Severability.  If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

Contact Us

If you have questions about the Sabe Platform or its use, you can contact Sabe Support by sending an email to info@sabewellness.ca.

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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