Terms of Use

Please read the following Terms of Use carefully. They apply to Your use of: (1) our website, located at l (the “Website”); (2) our mobile and desktop application including all enhancements, versions, and modifications to the foregoing (“Services App”); and (3) the related services provided by through the Services App or our Website (including without limitation the NuraLogix Services (defined below)) (the “Online Services”). The Online Services are operated and provided by Medavie Inc. (the “Medavie”). The terms “we”, “us” and “our” refers to Medavie.

When we use the phrase “Perkk Check” we mean the (1) the Website, Services App and the Online Services; and (2) the software and associated services utilized by the foregoing to capture blood flow information from an individual patient’s face for analysis and measurement that is owned or provided by Nuralogix Corporation (or applicable third party licensors)(the “NuraLogix Services”).

The following terms and conditions govern the use of Perkk Check by all users which may include, without limitation, (i) authorized back office administrative users (“Account Administrator”), (ii) registered care providers (“Care Providers”); and (iii) individual patients (“Patient End Users”)(collectively, “Users” or “You”). Please review these conditions carefully. If You or Your organization does not agree to abide by these Terms of Use, You will not be permitted to use Perkk Check.

We have created a Privacy Policy that describes our collection, use, and disclosure practices regarding any personal information that You provide to us.

Access:

By registering, accessing or using the Online Services, You are signifying Your acknowledgement and agreement to these Terms of Use. Any information, data or other materials which You receive or to which You have access via Perkk Check is to be used for authorized purposes only. Your access and use of the Online Services is subject to periodic audit by Medavie to monitor compliance. We reserve the right to modify these Terms of Use at any time without prior notice. You agree that each time You access the Online Services, You shall be subject to the then-current Terms of Use, and continued use of Online Services now or following modifications in these Terms of Use confirms that You have read, accepted, and agreed to be bound by such modifications.

All Users

Once granted access You acknowledge and agree that:

If You are an individual, You are of legal age to form a binding contract and have the authority to enter into the Terms of Use personally or on behalf of the entity or organization You have named as the User.
You are solely responsible and accountable for protecting the security of Your account. If You have any reason to believe that unauthorized access to Your account has occurred, You must immediately notify Medavie and provide any and all information relevant to the incident(s) in question.
Once You have received confirmation of successful registration, You agree to receive administrative notifications from Medavie through Perkk Check to Your registered email address associated with Your account.
If You wish to deactivate Your account at any time, You must contact Medavie with a clear request for account deactivation.
If You receive information via Perkk Check that You believe is inaccurate, incomplete, corrupted in transmission or not intended for You, You must immediately notify Medavie for clarification. Further, if Medavie determines there is a need for corrective action, You agree to cooperate fully until the matter is resolved to the satisfaction of Medavie.

Organizations:

Organizations may (through a designated Account Administrator) delegate and authorize access to Perkk Check to additional individual care provider Users within the organization.

Medavie is not responsible for the inappropriate use or disclosure of information made available through the Online Services, including information about You, or with respect to any third party, by any User given access to Perkk Check.

If You are an Account Administrator for Your organization, You are also responsible for providing and administering authorized use of Perkk Check by Users in Your organization. Without limiting the generality of the foregoing, You are responsible for terminating the access credentials of any User immediately upon such individual ceasing to be employed by Your organization.

As an Account Administrator, You acknowledge and agree that:

You are solely responsible and accountable for managing access privileges for all Users within Your organization and furthermore, You must ensure that all Users protect the security of user ID’s and passwords at all times.
Each account user must be made aware of and agree to these Terms of Use before granted access to Perkk Check.

Intellectual Property and Proprietary Rights

All intellectual property rights, including without limitation copyright, in and to the Services App, the Website and all content and materials (including, but not limited to, all designs, text, graphics, interfaces, images (and the selection and arrangements thereof), software, hypertext markup language (“HTML“), scripts and active server pages) used in the Online Services therein are owned by and shall remain owned by us, except as otherwise expressly stated in these Terms of Use.

You acknowledge and agree that Perkk Check and the Online Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without our prior written permission. Without limiting the generality of the foregoing, You acknowledge that the NuraLogix Services and the intellectual property rights in the NuraLogix Services are owned or provided by Nuralogix Corporation (or applicable third party licensors).

Notwithstanding the general nature of the above, in respect of the NuraLogix Services, You agree that the limited license granted to You as relates to the NuraLogix Services conveys to Users a limited right to use certain intellectual property owned or licensed by Nuralogix Corporation (or applicable third party licensors) (“NuraLogix IP”) as set out in these Terms of Use and will not be construed as conveying title, any other right, and interest in and to the NuraLogix IP to Users. All rights in and to the NuraLogix IP not expressly granted to Users hereunder are reserved by NuraLogix Corporation (or applicable third party licensors). NuraLogix Corporation, and where applicable its licensors, will retain sole and exclusive ownership of all right, title, and interest in and to the NuraLogix IP and all associated intellectual property rights. Except for the limited licenses explicitly set forth in these Terms of Use, Users shall not copy, transmit, transfer, modify or create derivative works of the NuraLogix IP.

Limited Licenses

We grant You a single user, worldwide, non-assignable, royalty-free, non-exclusive license to download, install, and use Perkk Check on a single computer or mobile device that You own or control and to run Perkk Check solely for Your own personal or internal business purposes.

Certain software code incorporated into or distributed with Perkk Check may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is separately licensed pursuant to the terms and conditions of their respective Open-Source Software licenses. You agree to comply with the terms and conditions of such Open-Source Software license agreements.

Licensed Materials

You agree that the grant of the above licenses in Perkk Check and content (the “Licensed Materials“) are subject to the following conditions and that You shall not directly or indirectly:

reproduce the Licensed Materials or use the Licensed Materials in any compilation or publication in any medium, including without limitation, incorporate the information, content, or other material in any database, compilation, archive or cache without our prior written consent;
modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services (including but not limited to Licensed Materials) obtained through the Online Services in any way other than as permitted in these Terms of Use;
create derivative works based on the Licensed Materials other than as permitted in these Terms of Use;
remove any proprietary notices in relation to our intellectual property rights;
deep-link to the Online Services for any purpose or access the Online Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Online Services or any information, content, or material from the Online Services; or
link or frame to any pages of the Online Services or any content contained therein (including but not limited to Licensed Materials), whether in whole or in part, except as provided herein.

Notwithstanding the general nature of the above conditions, in respect of the NuraLogix Services, You agree that the grant of the above licenses as relate to the NuraLogix Services are subject to the following conditions that You shall not directly or indirectly:

commit any act that may conflict with or adversely affect in any way the provision of the NuraLogix Services by NuraLogix Corporation;
abuse, tamper with or fraudulently use the NuraLogix Services or permit or assist others to abuse, tamper with or fraudulently use the NuraLogix Services;
use the NuraLogix Services or permit or assist others to use the NuraLogix Services: (a) in any manner that conflicts with this Agreement or the documentation accompanying or presented at the time of accessing the Nuralogix Services, or that a reasonable person would recognize as interfering unreasonably with the NuraLogix Services, the provision thereof, or access to or use of the NuraLogix Services by NuraLogix’s other customers; (b) for any purpose or in any manner directly or indirectly in violation of applicable Laws or in violation of any third party rights, including intellectual property rights and privacy rights; or (c) to falsely identify itself as a third party, such as one of NuraLogix’s other customers;
de-compile, disassemble, reverse engineer or otherwise attempt to discover the source code or determine any design, structure, concepts or construction method of the NuraLogix Services;
perform load or penetration tests in a production or test environment except as mutually agreed and scheduled in advance; or
lend, rent, sell, transfer or distribute or use the NuraLogix Services (or any component or platform related thereto) as an application service provider, service bureau, or rental source for third parties.

Any rights not expressly granted herein are reserved by their respective owners.

Creating an Account, Password, and Security

The Online Services may require You to register and/or create an account. Please note the following:

Account Administrators (for back office administrator users) – Only Medavie is able to create the accounts at the Account Administration level for authorized back office administrator users.
Care Provider Accounts (for Care Providers) – Care Provider accounts can only be created by authorized Account Administrators.
Patient End Users – Patient End User accounts can only be created by authorized Account Administrators or Care Providers. Patient End Users will be sent a notification inviting them to active their account from their Care Provider.

During this process, You must create a password. You may also be asked to provide certain personal information to us, including a valid email address and the region You are located. In consideration of the use of the Online Services, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form, and (b) maintain and promptly update the personal information You provide to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of the Online Services (or any portion thereof).

You are responsible for maintaining the confidentiality and security of Your account and password, and You are fully responsible for all activities that occur under Your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of Your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password; and (b) ensure that You exit from Your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to comply with (a) and (b) or for any acts or omissions by You or someone else using Your account and/or password.

Modifications

We reserve the right to modify Perkk Check (or any part thereof), including but not limited to Perkk Check‘s features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches and version updates which add, modify and/or remove features of the Online Services (collectively, “Updates“). You agree that we may install all such Updates as required in our sole discretion.

Discontinuation of Online Services

We reserve the right to discontinue – temporarily or permanently – the Online Services (or any part thereof) without notice. You acknowledge that we may prevent Your access to the Online Services at any time in our sole discretion, including without limitation, Your access to any content created, submitted, posted, displayed on or through any of the Online Services.

Notwithstanding the general nature of the above rights, in respect of the NuraLogix Services, Medavie and/or NuraLogix Corporation reserves the right, where Account Administrators, Care Providers, or other employees of their organization are committing any act that materially and adversely impacts NuraLogix Corporation’s systems or its ability to provide services to its other customers (an “Act”), to temporarily suspend the delivery of the affected portion of the NuraLogix Services.

Prohibited Use of Online Services

Your use of Perkk Check is subject to all applicable laws of Your jurisdiction. You agree to comply with all reasonable instructions that we may give You regarding the use of Perkk Check. Without limiting the generality of the previous sentence, You agree to comply with Canadian and local laws or rules regarding online conduct and acceptable content, and regarding the transmission of technical data exported through the Online Services from Canada or the country in which You reside.

You may not use Perkk Check in any inappropriate, unauthorized or unlawful manner or for any purpose which violates any laws in either Your or our jurisdiction including but not limited to conduct and content resulting from the use of the Online Services. Without limiting the foregoing, You shall not, in respect of Your use of the Online Services (including without limitation the NuraLogix Services):

harass others or disclose personal information about others that could amount to harassment;
publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material (including but not limited to Licensed Materials) or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or us;
upload files that contain software or other material which are the intellectual property of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents or otherwise use the Services in such a way as to violate the intellectual property rights of any third party;
upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Services;
impersonate others;
constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
commit any acts of infringement on the Online Services or with respect to content or software;
use the Online Services to engage in commercial activities;
attempt to gain unauthorized access to other computer systems from or through the Online Services;
interfere with another person’s use and enjoyment of the Online Services or another entity’s use and enjoyment of the Online Services;
use the Online Services for chain letters, junk mail, spamming, or use of distribution lists;
disrupt, interfere with, or otherwise harm or violate the security of the Online Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Online Services or affiliated or linked sites;
use software to harvest information from the Online Services; or
use, copy, download, extract or reutilise any part of the Online Services, or use or allow any third party to use, copy, download, extract or reutilise any part of the Online Services for any commercial purpose.

Restrictions on User Generated Content

To the extent that the Online Services allow You and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit“), including, but not limited to, photos, images, information, audio files, videos, or text (collectively, “User Generated Content“) You agree not to Submit any User Generated Content that:

contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right of us or any third party;
harms or is inappropriate for minors to view;
advertises, promotes or offers to trade any goods or services;
is intended primarily to promote a cause or movement, whether political, religious or other;
links to any commercial or other website; or
is not otherwise in compliance with these Terms of Use.

User Representations and Warranties

You retain all rights in the User Generated Content You Submit through Perkk Check. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, all User Generated Content You Submit (in whole or in part), other than personal health information, and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in such User Generated Content.

Each time You Submit User Generated Content to the Services, You warrant that You have good and proper title to the User Generated Content and have all necessary rights, power and authority to grant the above license. You agree that You waive all moral rights You may otherwise have in the User Generated Content.

Disclaimer of Responsibility for User Generated Content

You acknowledge and agree that we do not control the User Generated Content Submitted through or using Perkk Check, and agree that we are not responsible for such User Generated Content. We assume no responsibility or liability for this material

In addition, we do not represent or warrant that any other content or information accessible via Perkk Check is accurate, complete, or current. We assume no responsibility or liability for any errors or omissions in the content of the Online Services.

Disclaimer of Responsibility for Third Party Content

To the extent the Website, Services App or other Online Services contain links to applications, websites and microsites operated by third parties (“Third Party Sites“), You acknowledge and accept that we exercise no control over such Third Party Sites and that we are providing You with access to such Third Party Sites for Your convenience only. We make no warranties or representations whatsoever about any Third Party Site or service which You may access through the Online Services. If You choose to access a Third Party Site, You do so at Your own risk and we are not responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such Third Party Sites. By using the Online Services, You acknowledge that we are neither responsible for the availability of, nor for the content located on or through any Third Party Sites.

Indemnity

You agree to indemnify and hold Medavie as well as its affiliates, agents, officers, directors, or other employees of the foregoing harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable lawyers’ fees), made by anyone in connection with Your use of Perkk Check, with User Generated Content or information You Submit on or through the Online Services, with any alleged infringement of intellectual property right or other right of any person or entity relating to the Online Services, Your violation of these Terms of Use, and any other acts or omissions relating to the Online Services.

DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY PERKK CHECK (WHETHER PROVIDED BY US, YOU, OTHER USERS, AND AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, MEDIA DEVICES, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDAVIE AND NURALOGIX CORPORATION (THE “SERVICE PROVIDERS”) DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF MEASUREMENTS OR OTHER OUTPUTS, OR THAT THE ONLINE SERVICES AND PRODUCTS SHALL BE FREE OF FAULT OR INTERRUPTIONS. ONLINE SERVICES MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND THE SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES. THE ONLINE SERVICES (WHICH FOR GREATER CLARITY INCLUDES THE NURALOGIX SERVICES) (1) ARE NOT A SUBSTITUTE FOR THE CLINICAL JUDGMENT OF A HEALTH CARE PROFESSIONAL; (2) ARE INTENDED TO IMPROVE AWARENESS OF GENERAL WELLNESS; AND (3) DO NOT DIAGNOSE, TREAT, MITIGATE OR PREVENT ANY DISEASE, SYMPTOM, DISORDER OR ABNORMAL PHYSICAL STATE. INDIVIDUALS SHOULD CONSULT WITH A HEALTH CARE PROFESSIONAL OR EMERGENCY SERVICES IF THEY BELIEVE THEY MAY HAVE A MEDICAL ISSUE. THE ONLINE SERVICES HAVE NOT BEEN EVALUATED BY HEALTH CANADA, OR ANY OTHER DOMESTIC OR FOREIGN REGULATORY AGENCY AND ARE NOT APPROVED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR FOR THE PRESCRIPTION OF ANY MEDICATION OR TREATMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, DAMAGE TO REPUTATION, LOSS OF GOODWILL, LOSS OF REVENUES, OR SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF THE A SERVICE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE ONLINE SERVICES.

THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE ONLINE SERVICES. THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SERVICE PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MEDAVIE DURING THE TWELVE (12) MONTHS PRIOR TO WHEN THE PARTY ALLEGING BREACH PROVIDES A NOTICE IN WRITING TO THE OTHER PARTY THAT IT HAS A CLAIM FOR BREACH OF CONTRACT ARISING HEREUNDER FOR WHICH IT SEEKS DAMAGES OR OTHER RELIEF, IF ANY, OR (B) $50 (WHICHEVER IS LESS).

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS OF LIABILITY, THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

IF YOU ARE DISSATISFIED WITH THE ONLINE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICES.

Closing or Termination of Account

You may permanently delete or terminate Your account and/or use of the Online Services, with or without cause at any time, upon providing written notice to us. Upon termination, Your right to use Your account or subject Online Services immediately ceases. Your notice of cancellation or termination must be sent via email or conventional mail to our address as set forth in these Terms of Use.

Upon receipt of a request to delete an account, we will send You notification by email to the email address associated with the account to confirm the request. Once we receive Your confirmation, we will erase all personal information associated with the account and the account will be removed and will no longer be available for access.

We may, in our sole and absolute discretion, at any time without prior notice to You suspend, cancel, transfer, or terminate Your password, account, any site and/or use of any Online Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or our belief, in our absolute and sole discretion, that You have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Online Services about another’s right to establish, use, or maintain an account or Online Services, we reserve the right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon termination by either party, of Your account, Your password, and/or use of any Online Services, You will have no right to any User Generated Content You submitted, and we will permanently block access to, remove, deactivate, delete, and discard all such User Generated Content contained therein. We accept no liability for removed or deleted User Generated Content. In addition, any contracts (verbal, written, or assumed) with respect to Your account, User Generated Content You submit, and/or use of any Online Services, will be terminated at our discretion. You agree that we shall not be liable to You or any third-party for any termination of Your access to any Services.

Data protection and privacy

We will only use any personal information that we may collect about You in accordance with our privacy policy. Our privacy policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to our privacy policy.

We will be collecting personal data about You for the purpose of administering the Online Services. Such data may include personal health information. We will only disclose Your personal information to third parties with Your consent, or as required or permitted by law.

General

You are responsible for ensuring that no one uses Your equipment to access the Online Services without Your permission. We will be entitled to assume that anyone who accesses the Services using Your equipment has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitutes the entire agreement between You and us and govern Your use of the Online Services, superseding any prior agreements between You and us (including, but not limited to, any prior versions of the Terms of Use).

If any provision of these Terms of Use is declared invalid or unenforceable, such finding will not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision will be deemed to be severed to the extent such severance is permitted under applicable law.

We may assign or license any and all of our rights and obligations under these Terms of Use to any person as we may, in our sole discretion, deem appropriate. You may not assign Your rights or obligations under these Terms of Use.

These Terms of Use shall be governed by the laws of the Province of Nova Scotia and the laws of Canada applicable therein, and any disputes which arise shall be subject to arbitration before a single arbitrator sitting at Halifax, Nova Scotia, pursuant to the Commercial Arbitration Act (Nova Scotia).

Contact Us

If You have any questions about the Services, please contact us using the following details:

Mail: Blue Cross Centre, 644 Main St., P.O. Box 220, Moncton, New Brunswick E1C8L3
Email: support@perkkcheck.ca