Terms and Conditions
TERMS OF SERVICE
LAST REVISED: 9TH OF NOVEMBER, 2022.
Acceptance of the Terms and Conditions of Use
BY USING DM6HEALTH.COM THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE DM6HEALTH.COM WEBSITE.
By using dm6health.com, you represent and warrant that you are 18 years of age or older.
We reserve the right in our sole and absolute discretion to revise and update these terms and conditions from time to time.
From time to time our services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services. Where feasible, we will provide you with prior notice of any such discontinuation. Events beyond our control (such as acts of God, flood, fire, earthquake, explosion, epidemics, pandemics, war, terrorism, civil unrest, labour actions, national or regional emergencies, or any similar event) may temporarily or permanently impact our ability to provide you with access to our platforms.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized collection, use, and disclosure.
Any username, password, authentication link or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity.
You are prohibited from attempting to circumvent, and from violating, the security of ww.dm6health.com website, including, without limitation by: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized, including by attempting to reverse engineer code or reviewing or modifying application binaries; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services; (f) using any robot, spider, or other automatic device, process, or means to access the website, including monitoring or copying any of the material on the the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or any related site or service via a denial-of-service attack, distributed denial-of-service attack, flooding, mail bombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the website.
You are prohibited from using the Website for any illegal or unauthorized purpose
You understand and agree that DM6 HEALTH along with its Website and their entire contents, features, and functionality, including, but not limited to, all information, software, code, text, and displays, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws and rights including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights.
The Company name, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
You may only use the DM6 HEALTH Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever.
Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property laws.
You expressly acknowledge and agree that the reliability and effectiveness of the Website rely, in part, on your truthful and honest completion of the screening forms contained on the Website and presented to you from time to time, as well as the provision of any personal information. You hereby agree to always complete the self-attestation screening forms truthfully and honestly.
You further understand and agree that you are solely and entirely responsible for the accuracy of your responses to the self-attestation screening forms, as well as provision of any other personal information, and that you are solely and entirely legally liable, including to any third party, for such responses and their accuracy. We are not responsible or legally liable to you or any third party for the accuracy of any of your responses or the provision of any personal information.
Personal Information: Grant of Licence
The Website requires you to provide personal information, such as your name, birth date and email address.
By using the Website, you agree to our collection, use and disclosure of such personal information in accordance with these Terms and Conditions. You hereby grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, collect and disclose such personal information strictly in accordance with these Terms and Conditions a. We will not use your personal information for any other purpose without your consent.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE DM6 HEALTH WEBSITE IS AT YOUR OWN RISK. THE DM6 WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE COMPANY MAKES NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF DM6 HEALTH, THE WEBSITE OR THEIR CONTENTS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE DM6 HEALTH WEBSITE.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT, PROFESSIONAL NEGLIGENCE, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, DM6 HEALTH THE WEBSITE OR THE PROVISION OF TESTING SERVICES PROVIDED BY DM6 HEALTH. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING DM6 HEALTH THE WEBSITE AND ANY RELATED SERVICE.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions; your use of DM6 Health and the Website other than as expressly authorised in these Terms and Conditions or breach of privacy or security involving your personal information.
Governing Law and Arbitration
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.
All disputes and questions whatsoever arising from or in connection with your use of these Terms and Conditions shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, Ontario upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Toronto, Ontario. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.