HEALTH LOCATOR TERMS OF SERVICE
Health Locator (“ Health Locator”, “We”, “Us”) owns and operates the Health Locator website, available at www.healthlocator.ca (the “Website”) which We use to make available the Health Locator platform (“Platform”) and related services as described below. Health Locator may also make available Health Locator mobile applications (collectively, the “App”).
1.1 Services. The Health Locator Platform offers listing services to healthcare professionals and other service providers (“Service Providers”) and allows users the opportunity to browse listings and obtain general information on accident rehabilitation services, personal injury lawyers, and related professional services from Service Providers (collectively, the “Services”).
1.2 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Website, App and Services (“Users”). Health Locator may modify these Terms at any time in our sole discretion by posting a notice on the Website or App. Any changes will take effect 30 days from the date of posting of an update to these Terms.
2.1 Registration. In order to use Health Locator Services as a Service Provider, you must register for an account (your “Service Provider Account”). As a regular User, you may register for a public User account to make purchases, as well as save and share information on the Platform (“Public User Account”). If you register for a Service Provider Account or a Public User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms (“Registration Data”); (b) maintain the security of your password; and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date.
2.2 Eligibility. In order to register for a Service Provider Account, you must be a Service Provider located in Canada in one of the service provider categories listed on the Platform. Health Locator reserves the right to amend its eligibility criteria at any time. In order to register for a Service Provider Account or Public User Account, you must be at least 18 years old.
2.4 Billing Information. Users who make purchases through the Platform are required to provide valid credit card information or other acceptable payment information to register (collectively known as “Billing Information”), which will be provided to Health Locator’s third-party payment processor (“Payment Processor”) and used for payment of fees owed under these Terms. Users shall promptly advise Health Locator if their Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and Users shall be liable for any failure to pay Fees caused by out-of-date billing information.
3.1 Information Provided. This Platform is for informational purposes only. Health Locator does not provide any medical, legal or other professional advice. You should consult a medical practitioner for any advice regarding diagnosis and/or treatment of any injury or medical issues. HEALTH LOCATOR WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE PLATFORM OR INFORMATION PROVIDED ON THE PLATFORM.
3.2 Listings. We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on Health Locator. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact by means of the Platform. All Service Providers are independent third parties. We do not endorse any persons who use or register for our Services.
4.1 Fees. There are no fees to register for the Health Locator Services as a regular User. However, Health Locator charges Service Providers subscription fees for the listing services (“Subscription Fees”). If you subscribe to the listing services, you agree to pay all Subscription Fees quoted to you at the time of registration or purchase.
4.2 Payment Method. In order to use the Services as a Service Provider or make purchases through the website, Health Locator requires Users to provide approved payment processing information (e.g., Billing Information). Users hereby agree that all payments will be processed using Health Locator’s third-party Payment Processor and that all such payments will be governed by Payment Processor’s terms and conditions available at https://stripe.com/ca/legal or as otherwise published by the Payment Processor.
4.3 Taxes. Subscription Fees and any other fees for purchases made through the Platform are subject to applicable taxes which will be determined by Health Locator and added to the respective fees.
4.4 Refunds. Health Locator does not offer refunds for any purchases or subscriptions.
4.5 Subscription Cancellations. Service Providers may cancel their subscriptions at any time. If Service Provider has a monthly subscription, then the cancellation will become effective at the end of the current billing cycle and no refund will be provided for any previous payments. If the Service Provider has a yearly subscription, then the cancellation will become effective at the end of the current month. Health Locator will provide a refund for the unused months in the annual billing cycle, less an amount equal to three months of the subscription, which months shall be pro-rated based on the annual fee.
5.1 License. Subject to your compliance with these Terms and your payment of any fees owed hereunder, Health Locator grants you a non-transferable, non-exclusive, license to (a) access and use the Website and the Services, and (b) download, install and use one copy of the App, if available, on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the Health Locator names, trademarks, logos or other distinctive brand features without our prior written consent.
5.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Health Locator Content”), and all intellectual property rights related thereto, are the exclusive property of Health Locator and its licensors. Use of the Health Locator Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
5.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Health Locator under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone
5.4 User Content. Health Locator does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Health Locator Website, App or Service, including but not limited to resumes, job descriptions, photos, graphics, designs, drawings, electronic documents and comments (“User Content”).However, by using the Website, App and/or Services, you grant Health Locator a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website, App and Services.
Health Locator may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Health Locator Website and the Services only for purposes as permitted by these Terms. Health Locator reserves the right to modify or impose any limitations on the use of the Health Locator Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Health Locator Platform at any time without any liability whatsoever. In using the Health Locator Website and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Health Locator Website, App or the Services;
(c) upload, post, email, transmit or otherwise make available any material that:
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Health Locator Website, App or any software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other User of our Services or collect or store any information about any other User other than for purposes of transacting with one another;
(g) register for more than one User account or register for a User account on behalf of an individual other than yourself;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Services or the Website; or
(j) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold Health Locator, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your violation of any contract you enter into with another User of the Service. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
8.1 Termination by Health Locator. Health Locator may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, Code of Conduct, or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Health Locator Website, App or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Health Locator in its sole discretion, and Health Locator will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
8.2 Closing of Account by User. At any time a User may terminate a Public User Account, provided that all amounts owed to other Users and Health Locator have been paid.
9.1 Advertisements. You acknowledge and agree that the Website may contain advertisements from both Service Providers and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that Health Locator shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
9.2 Links. The Website and App may contain links to other websites that are not owned or controlled by Health Locator. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by Health Locator of that third party, third-party product or service. Health Locator is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that Health Locator endorses or accepts any responsibility for the content or use of such websites, and you hereby release Health Locator from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
THE WEBSITE, SERVICES AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MVA HEALTH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE MVA HEALTH WEBSITE, APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTH LOCATOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL HEALTH LOCATOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE HEALTH LOCATOR WEBSITE, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE HEALTH LOCATOR WEBSITE, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEALTH LOCATOR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) AMOUNTS YOU’VE PAID HEALTH LOCATOR IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Health Locator Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Health Locator Website, App or the Services, please contact us at: firstname.lastname@example.org.
Last Modified: July 8, 2020
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