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Terms of Use

These Terms of Use are designed to inform End-users of the Terms for using for the Jevitty mobile application (the “Application”) and related services (collectively, the “Service”). “Jevitty” in this document refers to the Jevitty Life Science Corp. These Terms of Use are set by Jevitty (“Jevitty”, “Us”, “us”, “our”, “Our”, “We” and “we”) and are accepted by you (“You”, “you”, “Your” or “your”) upon your use of the Service.

These Terms of Use constitute and include our End User Licence Agreement (“EULA”) and by clicking “I Agree” at the bottom of this form denotes your agreement to the Terms herein. READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING, INSTALLING OR MAKING ANY USE OF THE SERVICE.  BY USING THE SERVICE OR BY CLICKING “I AGREE”, OR BY REGISTERING FOR AN ACCOUNT, YOU ARE SUBMITTING YOUR ACCEPTANCE TO THESE TERMS OF USE AND ARE AGREEING TO BE BOUND BY AND BE A PARTY TO THESE TERMS OF USE.

These Terms of Use also include the Jevitty Privacy Policy, which informs users of the Service about the collection, use and disclosure of information retained by the Service, and which is incorporated herein by reference. By using the Service, you are also agreeing to the terms of this Privacy Policy. The Privacy Policy is available on our website at www.jevitty.com. In the event of any inconsistency between these Terms of Use and the Privacy Policy with respect to the collection, use and disclosure of your personal information, the Privacy Policy shall govern.

Your Obligations 

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. The Service and Application are intended for personal use. If your use of the Service and Application is on behalf of a corporation or other entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms of Use.

The Service will prompt you for a series of mandatory questions that must be answered as part of the registration process in order for you to be granted access to the Service. Your user ID and password used to access the Service are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on the Service by users using your ID or password, including but not limited to use of your password by any third party. Jevitty and the Service will not be responsible for any unauthorized use of your user ID or password or any charges incurred through unauthorized use.

If Jevitty suspects, in its sole discretion, that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any use of the Services (or any portion thereof). 

You agree to use the Application and the Service, as applicable, in a responsible manner that is in full compliance with these Terms of Use, and with your local laws and regulations. You shall not, and you agree not to use the Service or functionality of the Service to:

  1. post or transmit any material which,

    • violates or infringes in any way upon the rights of others,

    • is unlawful, threatening, abusive, defamatory, hurtful, invasive of privacy or publicity rights, vulgar, obscene, indecent, hateful, profane or otherwise objectionable, or

    • contains or links to viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features, or any computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Application;

  2. download, retain, modify, translate, use, publish, distribute, reproduce, copy, or transfer the right to use the Application, or any portion of the Application and Service, except as expressly permitted by these Terms and Conditions;

  3. use or attempt to use another person’s account, Service, or personal information, or impersonate another person or entity;

  4. restrict or inhibit any other person from using or enjoying the Application, or the Service offered through the Application;

  5. advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Service and Application;

  6. gain unauthorized access to any hardware or software systems or networks associated with the Service, or obtain any services or information not intentionally made available to you by Jevitty on or through the Application and Service;

  7. remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Application and Service;

  8. engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, content, or other information generated or processed by or stored via the Service and Application;

  9. other than use of the Site, the Application, and the Services by you in accordance with these Terms of Use, offer, for a fee or free of charge, services consisting of processing data through the use of the Application and Service; or

  10. upload, post or otherwise make available on or through the Service and Application any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.

Without limiting the remedies available to Jevitty at law or in equity, Jevitty may terminate your rights to use or access the Service or the Application if you are found to be using the Service or the Application to engage in any of the foregoing activities Jevitty may, in its sole discretion, terminate or suspend your access to all or any part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Termination of the Service includes deletion of your user ID, password and all related registration information and files associated with or inside your account or user profile.

General Information

Revised Terms

Jevitty may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms of Use and/or impose new or additional rules, policies, terms, or conditions on You. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Application or by Jevitty otherwise making them available to You (as the case may be).  

Any continued use of the Application following such posting of the Revised Terms to the Application, or otherwise making them available to you, will be deemed to constitute acceptance of the Revised Terms. If we do update the Terms of Use and You do not agree to the Revised Terms, You must stop using the Application.

Jevitty reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend the Application, or certain Services or functionalities of the Application. Jevitty may impose limits on all or certain features of the Application or restrict your access to part or all of the Service and the Application, without notice or liability to you.

Minor’s Information

The Service is not intended for children under the age of majority. Unless otherwise disclosed, you hereby represent that you have reached the legal age of majority in your jurisdiction of residence. Unless otherwise disclosed during collection and with parent or guardian consent, Jevitty does not knowingly collect Personal Information from children under the age of majority.

Links

The Service may contain links or deep links to other websites, open search results or other online content. Jevitty is not responsible for such content on third-party websites, privacy practices, or any advertisements on third-party websites. Users should be aware of this when they use our Service, and are encouraged to review the privacy statements of any third-party website they access from the Service.

The Service is intended to provide you with access to data about your own health. The Service is not intended to provide you with any medical advice or any other advice. For professional advice about your medical condition, ask your physician or other health care provider. Your physician or other health care provider has specialized medical training that allows him or her to understand your health and health data and information. Jevitty has not taken any steps to adapt the presentation of the data to make it more understandable to viewers who do not have medical training. If you do not discuss your health data with your physician, it is possible that you might misunderstand the implications of the data. Any other health data and health-related information contained within the Service is intended to be general in nature, and should not be used as a substitute for health information from professional sources, and for regular visits to your physician or other health care provider. Any such information that you obtain from the Service might be inappropriate for your own situation, or might be misinterpreted. Jevitty assumes no responsibility for how you use the information you obtain from the Service. If you have an emergency, or need to speak to someone urgently, contact your physician or go to the nearest hospital.

Neither the Application nor any other application available through the Service is a substitute for appropriate and timely contact with your physician. Never change or stop any course of treatment without first consulting your physician.

Reliance on any information on the Service is solely at your own risk.

Use of The Service

You may use the Service for your personal, non-commercial purposes. You may not use Service for any other purpose. You are not permitted to make any resale, commercial or derivative use of the Service, or use any data mining, robots, or similar data gathering and extraction methods.

Governing Law

The Service is located, published and directed to individuals located in Canada, and our policies are directed at compliance with those laws. By accessing or using the Service, you acknowledge and agree that these Terms of Use and all matters relating to your use of the Service shall be governed by and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles) and the Federal laws of Canada applicable therein. All actions and disputes arising from or relating to these Terms and Conditions shall be heard and decided exclusively before the courts located within the Province of British Columbia, Canada and you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of British Columbia and waive any right you might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.

Ownership of The Service

As between you and Jevitty, Jevitty is and will remain the sole and exclusive owner of all right, title and interest, including copyright and all other intellectual property rights, in and to the Service, all of the technology used by Jevitty to provide the Service, any software provided directly or indirectly by Jevitty for your access to or use of the Service, as well as all enhancements, modifications or additions thereto. Except as expressly set out in these Terms of Use, you will acquire no rights whatsoever to all or any part of the foregoing except the right to access and use and the Service in accordance with these Terms of Use. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the foregoing. If and to the extent that, for your access to or use of the Service, you have downloaded any software from Jevitty or have otherwise received any such Jevitty software (such as, by way of example, from your physician or another caregiver), then Jevitty grants to you a personal, non-transferable, and non-exclusive right and license to use the object code of such software on a single device,  subject to all of these Terms of Use including that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Jevitty for use in accessing the Service.

Trademark Notice

The Service may contain trademarks, service marks, logos, icons and trade names that are the property of Jevitty (collectively, the “Jevitty Trademarks”). All other trademarks, service marks and logos used in the Service are the trademarks, service marks, or logos of their respective owners. Nothing on this website should be construed as granting any license or right to use the Jevitty Trademarks or any other trademark, service mark, or logo displayed on the Service, without the express written permission of Jevitty or the third party that may own the trademark, service mark, or logo.

“As is” basis

The Service is provided on an ‘as is’ basis, without representations, warranties or conditions of any kind, either express or implied or statutory. You expressly agree that all use of the Service is at your sole risk. You agree that Jevitty assumes no liability if the Service is unavailable at any time, or for the reliability, validity, accuracy, completeness, integrity, quality or timeliness of, or any failure to deliver or store, the Service or other content. Jevitty does not represent or warrant the reliability, validity, accuracy, completeness, integrity, quality or timeliness of any laboratory test results or other content. You acknowledge that any use, non-use or reliance upon the Service or other content will be at your sole risk.

Warranty Disclaimer

To the extent permitted by law, Jevitty disclaims all representations, warranties, or conditions regarding the Service, express or implied or statutory, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, and non-infringement. Jevitty does not represent or warrant that the Service or other content is or will be accurate, complete, reliable or current, that the Service will operate error-free or uninterrupted, or that the Service is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that Jevitty is not responsible for any interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

Limitation of Liability

To the extent permitted by law, in no event will Jevitty or its partners or the suppliers of laboratory test results or other content, or its or their affiliates, licenses, or suppliers, or the directors, officers, employees, agents or representatives of any of them, be liable for damages of any kind, including without limitation any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, loss of profits, failure to realize expected savings or loss of data, for any cause of action whatsoever, and whether in contract, tort (including negligence) or any other legal or equitable theory arising out of or in any way connected with use of the Service. Some jurisdictions do not allow the limitations of liability specified above, so some or all of the above limitations or exclusions may not apply to you. Every exemption from liability, limitation and condition contained in these Terms of Use for the benefit of Jevitty and every defence and immunity of whatsoever nature applicable to Jevitty or to which Jevitty is entitled under these Terms of Use will also be available and will extend to protect each of its partners, each of its suppliers or other content, every affiliate, licensee, partner or supplier of Jevitty of any of them, and every director, officer, employee, agent or representative of any of them, each of whom is an intended third-party beneficiary of such provisions.

Indemnity

You agree to defend, indemnify and hold harmless Jevitty, its partners, the suppliers of any laboratory test results or other content, and its and their affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives of each of them, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of the Service, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You will cooperate as fully as reasonably required in the defence of any claim. Jevitty reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided, however, that you will remain liable for any such claim and for the costs of defence.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Jevitty and govern your use of the Service, superseding any prior agreements between you and Jevitty with respect to the Service. You may also be subject to additional terms and conditions that apply when you use certain elements and functionalities of the Service.

Notices

Jevitty may provide you with notices, including those regarding changes to these Terms of Use, by postings on the Service, or by email.

Waiver

The failure of Jevitty to exercise and enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

You do not have the right to assign any of your rights to use the Service or your interest in these Terms of Use to anyone, and any rights you may have to your Jevitty user ID, password and user profile stored on the systems of Jevitty terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Jevitty has the right to assign any or all of its rights and duties under these Terms of Use to any third party. At the election of Jevitty, if Jevitty’s obligations hereunder are assumed by a third party, Jevitty will be relieved of any and all future liability under these Terms of Use.

Contractual Limitation Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be commenced within one year after such claim or cause of action arose.

Severability of Terms

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use were last updated on November 25, 2021.