TERMS AND CONDITIONS
YOU SHOULD READ THESE TERMS & CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CREATE AN ENFORCEABLE LEGAL AGREEMENT AS WELL AS LEGAL OBLIGATIONS TO WHICH YOU ARE BOUND.
Cassidy e-Care Solutions Inc.
Effective: March 2023
In these terms: ” Cassidy e-Care Solutions Inc ” may also be referred to as “our“, “we” or “us”; and any ‘users’ of this website are referred to as “you”, respectively.
CONDITIONS OF USE
These Terms and Conditions of Use contain a number of important obligations, restrictions, notices and disclaimers that apply to this Website, to the use of this Website and to any information which is made available on this website. By making any use of this website and/or any of the pages or information made available on this website, you are agreeing to be bound by all of the provisions of these Terms and Conditions of Use and that you will comply with the provisions of these Terms and Conditions of Use in respect of all matters regarding this Website. We recommend that you read the entire Terms and Conditions of Use carefully. If you do not agree with these Terms and Conditions of Use, do not access or view this website.
LIMITED LICENSE TO VIEW
We grant to you a limited license to display on your computer, print, download and use the underlying HTML, text, images, graphics, audio clips, video clips and other content that is made available to you on this website, for personal purposes only, provided that you do not modify any such content and you include with and display on each copy of such content the associated copyright notice associated this limited license and subject to these Terms and Conditions of Use.
1. Purpose
Cassidy e-Care Solutions Inc. is a digital health company based in Winnipeg that empowers people with diabetes to self-manage their health outside the hospital setting.
2. Other Conditions
In addition to these Terms and Conditions of Use, your use of this Website may also be subject to the terms and conditions which may be posted on or applicable to Third-Party Websites. See the section below entitled “Disclaimer re Third-Party Websites.”
3. User
These Terms and Conditions of Use apply to all persons who use this Website, or who attempt to do so. Such a person is referred to in these Terms and Conditions of Use as “User” or “you.”
4. Definitions
In these Terms and Conditions of Use:
5. User Accounts
(a) Registration
In order to use the e-CareSmart platform, you must register for an account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. You agree to
(i) provide accurate, current, and complete information as may be prompted by any registration forms (“Registration Data”);
(ii) maintain the security of your password, and
(iii) maintain and promptly update the Registration Data as necessary to ensure it is up to date. Cassidy e-Care Solutions Inc. may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
(b) Eligibility
In order to register for an Account, you must be at least 18 years of age. Cassidy e-Care Solutions Inc. reserves the right to amend its eligibility criteria at any time.
(c) Personal Information
When registering with Cassidy e-Care Solutions Inc., you may be asked to provide certain Personal Information. All Personal Information will be collected and used in accordance with our Privacy Policy.
(d) Organization Accounts
If you register for an Account on behalf of any organization, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
(e) Email Communications
You acknowledge, expressly consent and agree that Cassidy e-Care Solutions Inc. may use the email address you provide on opening an Account or as updated by you from time to time as a method for communicating with you. You must monitor your Account email address you provide to Cassidy e-Care Solutions Inc., and your primary Account email address must be capable of both sending and receiving messages.
(f) Marketing Communications
You expressly consent and agree that Cassidy e-Care Solutions Inc. may send you marketing communications by email, mail, or other means and you provide such consent in compliance with applicable law. As part of our policy to provide you privacy, we provide you the option of opting out from receiving marketing communications from Cassidy e-Care Solutions Inc.
(g) Password Obligations
You are responsible for keeping your password secure. Cassidy e-Care Solutions Inc. cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
(h) User Account Ownership
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your license, government issued photo ID, your status as an employee of an entity, etc.
(i) Use
Your relationship with Cassidy e-Care Solutions Inc. is that of an independent User and no relationship of employment, partnership, agency, patient or health care provider is created or implied by these Terms. Cassidy e-Care Solutions Inc. does not direct or control your use of the e-CareSmart platform or any information, care or advise that may be generated by others, and you agree that you have complete discretion whether or not and when to use the e-CareSmart platform, and how, as well as understand the e-CareSmart platform is only a tool to support patients and their care providers, and not intended to be used alone, or as a substitute for provision of personal health care.
(j) Intellectual Property
(i) License
Subject to your compliance with these Terms and your payment of any User fees owed to Cassidy e-Care Solutions Inc., Cassidy e-Care Solutions Inc. grants you a non-transferable, non-exclusive, limited license to access and use the e-CareSmart platform. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Cassidy e-Care Solutions Inc. names, trademarks, logos, or other distinctive brand features, or content including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, without our prior written consent. For certainty, no User has any right to copy any content (other than for their own patient and health care provider information and content inputted from time to time) or reverse engineer any code all of which is otherwise specifically prohibited.
(ii) Reservations of Intellectual Property Rights
The e-CareSmart platform including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, (collectively, “Content”), and all intellectual property rights related thereto, other than your own inputted information and content inputted from time to time, are the exclusive property of Cassidy e-Care Solutions Inc.. Use of the e-CareSmart platform for any purpose not expressly permitted by these Terms is strictly prohibited.
You shall not use, copy, modify, replicate, exploit, re-engineer, design or re-design any product or service using concepts, techniques, process or ideas employed by Cassidy e-Care Solutions Inc.’s unique e-CareSmart platform or any app without the prior written consent of Cassidy e-Care Solutions Inc.
(iii) Your own inputted information and content
Subject to payment of any User fees owed to Cassidy e-Care Solutions Inc. you own your own inputted information and content, and Cassidy e-Care Solutions Inc. does not claim any ownership or other interest nor is it responsible in any way for your use of any of your inputted information and content when you as a User post or publish any inputs to or outputs from use of the e-CareSmart platform.
(iv) Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or property interest in the e-CareSmart platform by virtue of creating and maintaining a paid Account, and you further acknowledge and agree that all rights in and to the e-CareSmart platform (other than limited right to use the e-CareSmart platform and your own inputted information and content and any Personal Information) are and will forever be owned by and endure to the benefit of Cassidy e-Care Solutions Inc.
6. Changes to Terms and Conditions of Use
Changes may be made by Cassidy e-Care Solutions Inc. to these Terms and Conditions of Use at any time by updating this posting. We strongly recommend that you review these Terms and Conditions of Use regularly, and your continued use of this Site means that you agree to any changes made. Notice of such changes may be given to you whether on this Website or separately, but the failure to give such notice does not relieve you of any responsibility to review these Terms and Conditions of Use or from being bound by the provisions of these Terms and Conditions of Use as amended.
7. Proper Law
This Website and its content are administered by Cassidy e-Care Solutions Inc. from its offices in Winnipeg, Manitoba, Canada. This Website, its content, these Terms and Conditions of Use and your use of this Website are all governed by the laws of the Province of Manitoba and the laws of Canada as applicable therein, without giving effect to any conflict of laws principles. You agree that all questions and disputes regarding this Website and your use thereof will be decided exclusively by the courts of the Province of Manitoba.
8. No Improper Use
This Website and its content may be used only for the limited purposes described in these Terms and Conditions of Use. You will not make or attempt to make any other use thereof. You will not abuse in any way this Website and you will not, and will not attempt to, modify this Website or any of its content, or disrupt or interfere with the availability or operation of this Website.
9. Contract
These Terms Conditions of Use constitute a contract between the User and Cassidy e-Care Solutions Inc. and Cassidy e-Care Solutions Inc.is entitled to rely upon and to enforce its terms.
10. Accuracy of Data
The information, material and content posted on this Website are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no guarantee that this information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors, or inaccurate or incomplete information resulting from Internet software and/or transmission problems and/or inadvertent human error.
11. Report Errors
If any errors are noticed on this Website or in the information which is accessible on this Website, you are requested to immediately advise Cassidy e-Care Solutions Inc..
12. Disclaimer re Third-Party Websites
This Website may contain links to Third-Party Websites. In addition to these Terms and Conditions of Use, your use of Third-Party Websites may be subject to the terms and conditions which have been posted on or are applicable to the Third-Party Websites.
The parties who own, maintain or control Third-Party Websites are solely responsible for their content, and Cassidy e-Care Solutions Inc. assumes no responsibility for such content. Links to any Third-Party Websites are provided for convenience only, and are not to be construed as an endorsement or recommendation of the products, services, advice or information which may be available on them.
Linking to Third-Party Websites is at your own risk and Cassidy e-Care Solutions Inc. is not responsible or liable for any damages in connection with linking. No endorsement or approval of any third parties, or their advice, opinions, information, products or services, is expressed or implied. Cassidy e-Care Solutions Inc. does not review or control, and is not responsible for, any information which is created or supplied by a third party.
13. NO WARRANTIES
All information contained on this Website is provided “as is, where is” without any warranties of any kind. Cassidy e-Care Solutions Inc. and its officers, directors, employees, and contractors make no representations and disclaim any and all express and implied warranties of any kind including representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for a particular purpose, and assume no responsibility for the consequences of any errors, omissions, inability to use, or consequences, including whether or not due to internet, network, telecommunications, data loss, system failure, user errors or any other cause.
14. NO LIABILITY
As a User, you assume full responsibility for risk of loss or damage of any nature whatsoever arising from or in connection with use of this Website and any online services provided. You further agree that Cassidy e-Care Solutions Inc. and its officers, directors, employees, and service providers shall not be liable for any loss or damage of any nature whatsoever, arising out of or in connection with the use, or the inability to use, this Website, any online services, or any Third-Party Website, regardless of whether Cassidy e-Care Solutions Inc. has been notified of the possibility thereof and including any claims whether or not foreseeable based on contract, tort, strict liability or other legal or equitable theory. Cassidy e-Care Solutions Inc. is not liable for any action or decision made by you to use or rely on this Website or the information contained herein, or any use of this Website or the information herein.
15. INDEMNIFY CASSIDY E-CARE SOLUTIONS INC.
As a User, you shall indemnify and save harmless Cassidy e-Care Solutions Inc. for all claims, liabilities, losses and expenses (including legal fees) arising from your use of this Website and/or violation of these Terms and Conditions of Use.
16. EXPRESS ACKNOWLEDGEMENT OF DISCLAIMERS AND WAIVERS
User (whether a patient, health care professional, care provider, family member or other representative of a user) understands, acknowledges, and agrees that:
(a) any use of Cassidy e-Care Solutions Inc. website, products and services, including but not limited to the e-CareSmart app, is only a tool to assist users, and not intended to be used alone, or as a substitute for health care, or health care management, nor should be used exclusively, for managing advise, or decisions, or treatment, by health care professionals or patients;
(b) Cassidy e-Care Solutions makes no representations, warranties, or guarantees as to the accuracy of data or other inputs of Users, or the accessibility or error free operation of website or any e-CareSmart programs;
(c) User should not rely on the record of any results or the program application exclusively, and Users relying on the application for health care management do so entirely at their own risk;
(d) Cassidy e-Care Solutions is not responsible or liable in any way for Users use or reliance on the website, or any related product or services, including the e-CareSmart platform;
(e) User assumes all risk and takes responsibility for any and all losses or damages that may result from using website and any related products and services, and in consideration for use of the website “as is” has agreed and provides a comprehensive waiver and release of liability associated the User’s use of website and any and all related products and services without expectation of any quality, accessibility, error-free operation, suitability or merchantability or fitness for a particular purpose;
(f) the foregoing waiver, disclaimers and limitations of liability provisions are intended to be as broad and inclusive as permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect;
(g) if such waivers, disclaimers and/or exclusions of liability are by operation of law or otherwise unenforceable in any jurisdiction or held unenforceable by a court of competent jurisdiction, then:
(i) any direct damages, regardless of cause including without limitation if any claim or action is brought in contract, negligence, or any other tort or other cause of action, shall be limited to no more than the equivalent value of one month subscription for use of the e-CareSmart platform program;
(ii) in no event shall Cassidy e-Care Solutions Inc. be liable to any party for indirect, special, pecuniary or any consequential damage of any kind, including purely economic damages, even if advised of the possibility of such damages; and
(iii) all the aforesaid limitations are reasonable;
(h)all the above acknowledgements and agreements by the User are on behalf of itself and others for who it is using the website and services; and
(i) such releases and discharges of Cassidy e-Care Solutions apply also by extension to any of Cassidy e-Care Solutions Inc. employees, owners, directors, agents, representatives, suppliers, successors and assigns, from any and all claims or causes of action (known or unknown) which result from any use of the website and any associated products and services including e-CareSmart platform services.
17. More Information
If you have any questions or concerns regarding this Website, please contact:
Cassidy e-Care Solutions Inc.
info@cassidye-care.com
18. Ownership of Website
This Website is owned and operated by Cassidy e-Care Solutions Inc.
19. Copyright
© 2023, Cassidy e-Care Solutions Inc. All rights reserved. Except where expressly stated otherwise.
This Website and all information which is available on this Website is the property of Cassidy e-Care Solutions Inc., and is subject to the exclusive copyright held Cassidy e-Care Solutions Inc. or its licensors; and unless otherwise specified, no person has permission to copy, redistribute, modify, reproduce or republish in any form any information found on this Website. This includes electronically reproducing by “uploading” or “downloading” or accessing onto the Internet or any other computer system. Any infringement of the rights of Cassidy e-Care Solutions Inc. will result in appropriate legal action.
20. Trademarks
This Website contains names, words, titles, marks, logos, icons, trade names, brand names, designs, domain names or other content which may constitute registered or unregistered trademarks or service marks (which are collectively referred to in these Conditions of Use as “Trademarks”). The Trademarks are protected by Canadian and foreign trademark laws. All rights reserved. Trademarks are owned by Cassidy e-Care Solutions Inc or are owned by third parties who have granted licenses to Cassidy e-Care Solutions Inc to use them.
We are committed to protecting the privacy of all personal information of users and persons using our website or services that we collect and maintain in the course of carrying on our relationship with you. A separate Privacy Policy on this website describes how we collect, hold, use and disclose personal information when we do interact with you. Your privacy and our use of your Personal Information is governed by the Personal Information Protection and Electronic Documents Act (Canada) and, where applicable, similar provincial privacy legislation. Please contact us if you have any questions concerning privacy.
22. Termination of Access
We may terminate your access to this Website at any time without notice. If your access has been terminated and you have any questions, please contact us at the address designated above.
23. Availability of Website
We do not warrant that this Website will be available and meet your requirements or that access to this Website will be uninterrupted or error-free. Interruptions of availability may occur at any time, without notice, including periods of unavailability required for maintenance or technical reasons.
24. Termination of Website
This Website may be terminated at any time by us without notice.