TERMS AND CONDITIONS
#201-626 Broadway Avenue, Saskatoon, SK
Terms of Service
The Application, <The Janes: Mighty Networks Community>, and the Website, <https://stillphysio.ca>, are provided to you by the Owner, Still Physio (the Application, Website, and Owner, and each of their directors, officers, employees, agents, representatives, contractors, subcontractors, independent contractors, affiliates, sponsors, successors and assigns, are collectively referred to as the “Company”).
NOW THEREFORE in consideration for access to and potential use of the Company’s Services (the receipt and sufficiency of which is hereby acknowledged by you), the mutual covenants contained in this Agreement and other good and valuable consideration, you agree to the following terms and conditions:
The term of this Agreement shall extend from the date of acceptance for an indefinite period, until changed by the Company. You agree to review and keep up to date with changing policies and terms of service as they are changed by the Company.
2. Your Account.
In order to access and use some, or a portion of the Services, you may be required to register with the Company and set up an account with contact information, including but not limited to your name, email address, civic address, as well as a password (your “Account”). You agree that the contact information you provide shall be your own contact information, and you are solely responsible for maintaining the confidentiality of your password. You agree that the Company is not liable in any way, shape, or form if your contact information or password is misplaced, lost, or stolen, even if the data does originate from the Company. Therefore, you should protect your password and make your password difficult for others to guess.
You agree that the account shall be your sole account, and you shall not transfer your account to any other party without the Company’s explicit written consent.
You are aware of the danger that a password or other personal information may be lost or stolen (a “leak”). You are aware that such a leak may originate from the Company. Nevertheless, you agree that the Company shall not be responsible in any way for any leak. You also agree to mitigate against such risks by taking recommended data safety precautions such as using unique contact information or passwords.
You also agree that the Company may connect your account, or personal information with a third party, or third party service. You are giving the Company permission to access, store, and use information obtained from you for this third party service as permitted by them, and as may be described in any other policy of the Company.
3. Using the Services
You agree to only use the Services for purposes intended by the Company. You will not do any of the following:
Violate any law;
Participate in any of the Services without first obtaining personal professional medical advice regarding such services;
Infringe any third-party right;
Distribute or communicate spam, chain letters, pyramid schemes, or multi-level marketing materials;
Engage in any harassing behaviour, or sending communications that may be reasonably interpreted by the Company as harassment;
Distribute viruses or other technologies that may harm the Company or the interests or property of the Company’s users;
Impose an unreasonable load on the Company’s infrastructure, or interfere with the proper working of the Company;
Impose an unreasonable load on any user of the Company, or interfere with their use and enjoyment of the Company or the Company’s Services;
Engage in any behaviour that would violate another individual’s copyright or trademark;
Engage in any behaviour that would violate any copyright or trademark related to the Company;
Use any automated means to access the Company and collect content for any purpose without the Company’s express written permission;
Harvest or otherwise collect information about other users, including their email addresses, without their consent, or the consent of the Company;
Bypass measures used to prevent or restrict access to the Company;
4. Abusing the Company’s Services
You agree that if you discover an issue with the services, or any system developed or operated by the Company, to immediately report such an issue to the Company so the Company can keep the Services working properly. The Company may limit or terminate some or all of their Services, remove hosted content, and take technical or legal steps to keep users of the Company if for any reason the Company believes it to be necessary. This may include actions taken against a user if the Company believes the user is creating problems or acting inconsistently with the letter or spirit of the Company’s policies, or these terms of service. The Company may take actions against these users such as removing hosted content, or removing a user of the Company.
However, you agree that the Company shall not be liable for monitoring the Company, or the Company’s Services, for unauthorized, unlawful, offensive, or wrongful content on the Company or created by the Company’s users. The Company is similarly not liable for any damage resulting from a user’s usage of the Company or the Company’s Services.
5. Fees and Services
There may be fees associated with certain aspects of the Company’s Services. If the service charges you a fee, you will be able to review and accept that charge. The Company’s fees are quoted in Canadian Dollars (CAD), and the Company may change them from time to time, without notice to yourself. The Company may choose to temporarily change their fees for promotional events or new services. These changes are effective when the Company announces the promotional events or new services. Any fee the Company charges is non-refundable, and you are responsible for paying them when they are due. If you don’t, the Company may limit your ability to use the Services. If your payment method fails, or your account is past due, you agree that the Company may collect fees owed to it using other collection mechanisms. You agree that you will be responsible for any costs the Company incurs to collect on overdue accounts, including legal fees they may incur attempting to collect on these accounts.
Any applicable taxes associated with the Company’s Services will be collected when applicable. You agree to provide accurate address information necessary for the Company to comply with its obligations under any applicable law. If you fail or refuse to provide such information for any reason, you agree that the Company has complete discretion to determine and collect appropriate taxes from yourself.
You are aware and agree that some, many, or all features and functionality may vary depending on which website and/or mobile device you use to access the Services. Further, you agree that you are aware that some services may not be available to yourself for geographic reasons, or reasons relating to the law of any jurisdiction you are in.
Further, you are aware that some or all of your data may cross any number of international borders. Such transit may be for reasons outside of the Company’s control. Nevertheless, you agree that you will comply with any such legal obligations that may arise from the transmittal of such data. Further, you agree and authorize the Company to transfer or transmit data to any authority the Company believes, even if such belief is not reasonably held, has a legal right to examine such data.
Additionally, you agree that you will not use any anonymizing service, or VPN (virtual private network) absent the Company’s express written consent.
The Services or some parts of the Services are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.
You understand and agree that, at the end of each period, your subscription will automatically renew under the same terms and conditions unless you cancel it or the Company cancels it.
You may cancel your subscription renewal either through your account settings page or by contacting the Company. You will not receive a refund for any fees already paid for your current subscription period and you will be able to access the Services until the end of your current subscription period.
If the subscription was purchased using an in-app purchase, you can cancel the renewal of your subscription with the application’s store.
The Company, its sole discretion, may modify the subscription fees at any time. Any subscription fee change will become effective at the end of the then-current subscription period. The Company will attempt to provide you with reasonable notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
7. Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity
PLEASE READ CAREFULLY!
By agreeing to these terms and services,
you will waive certain legal rights, including the right to sue.
You are aware and you agree that participating in the Services offered by the Company involves many risks, dangers and hazards including, but not limited to any manner of injury (including aggravation of pre-existing injuries or conditions) or death resulting from the following: use, misuse, non-use or failure of any equipment; intensive activity; overexertion; dehydration; fatigue; lack of fitness or conditioning; collision with objects, equipment, or other participants, staff and other persons; lack of, or inadequate, warnings, directions, instructions or guidance; failing to follow, or inadequately following, warnings, directions, instructions or guidance; slipping from slippery surfaces, including floors, mats or other equipment; equipment failure, including mechanical failure, and negligent design or manufacture of the equipment; falling from elevated surfaces; negligence of other persons; and NEGLIGENCE ON THE PART OF THE COMPANY OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF THE COMPANY OR ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE SERVICES OFFERED BY THE COMPANY. You are also aware and agree that the risks, dangers and hazards referred to above exist throughout the Company’s Services and that many or all are unmarked or otherwise unidentified.
YOU ARE AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE COMPANY’S ACTIVITIES AND YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
In consideration of the Company allowing you to participate in its Services, you hereby agree as follows:
a) TO WAIVE ANY AND ALL CLAIMS that you have or may have in the future against the Company, and its directors, officers, employees, agents, representatives, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that you may suffer, or that your next of kin may suffer resulting from your participation in the Company’s Services, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE COMPANY’S SERVICES REFERRED TO ABOVE;
b) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of, or personal injury to, any third party, resulting from your participation in the Company’s Services;
c) This waiver, release, and indemnification shall be effective and binding upon your heirs, next of kin, executors, administrators, representatives and assigns, in the event of your death or incapacity;
d) That if you are supplying your own equipment, you are responsible for ensuring that it is safe and well maintained and up to the requisite standards for the activity in which you are participating. You understand that the Releasees accept no responsibility for any incidents or accidents occurring out of the use or misuse of your own equipment;
e) That you have received professional medical advice from your personal physician confirming that you are sufficiently fit, healthy, and capable of safely participating in the Services;
f) You are not relying upon any oral or written representations made by the Releasees with respect to the safety of participating in the Company’s Services other than what is set forth in these terms and conditions; and
g) That you are 18 years of age or older, that you have read and understand these terms and conditions and you are aware that by agreeing to them you are waiving certain legal rights which you or your heirs, next of kin, executors, administrators, representatives and assigns may have against the Releasees.
You agree that any information provided in the Company’s Services is not intended to substitute or replace your health, medical, nutritional, wellness, or other plans (collectively, “Plans”) and that you will seek independent medical advice from your personal healthcare professional before implementing any changes to your Plans.
You also agree that the Services are provided “as is” and “as available”. You agree that you will not hold the Company liable for any loss or harm that may arise as a result of any service interruption that the Company experiences. You agree not to hold the Company responsible for things other users post or do. You also agree not to hold the Company responsible for the payment processing of other service providers. For greater certainty, as applicable, if you use the Company and the third party services of a payment processor, you may also be bound by terms and conditions related to that third party payment processor. You agree the Company is not liable for any loss, claim, or damages howsoever arising in connection with that third party’s services.
Despite the clauses attorning yourself to the jurisdiction of Saskatchewan found below, in the event such clauses are severed, any disclaimer or exclusion of damages operates here to the maximum extent allowable in the jurisdiction found.
Further, without limiting the generality of the foregoing, if the Company is found for any reason to be liable, its liability to you or any third party, whether in contract, tort, negligence, strict liability in tort, by statute, or otherwise), is limited to $1 CAD.
While using the Company’s Services, you will encounter content created by the Company, the Company’s users, and third parties.
You agree that the Company and the Company’s Services is not and will not be held liable or responsible for the accuracy, the correctness, the reliability, the quality, the suitability, the completeness, the legality, the decency, the copyright, or any other aspect of the content hosted, published, or republished, on the Company and the Company’s Services.
You agree not to copy, modify, resell, or distribute part or all of the Company’s Services, copyrights, or trademarks. If you post content on the Company, or use the Company’s Services, you agree that you are giving the Company content, and granting as a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any right to that content, including the copyright, publicity, database, and informational rights to that content. If you believe that your legal rights have been violated, you agree to contact the Company for a determination by the Company as to whether or not your rights have been violated. The Company reserves the right to remove content where they for any reason believe a user has violated the terms of service, any of their policies, or the rights of any other party.
You agree that if you believe that your rights have been violated by the Company, or any user of the Company or the Services, that you shall provide written notice to the Company of such a violation. You agree that you shall not take legal action against the Company or the Company’s user without providing such notification to the Company first, and providing the Company an opportunity to examine whether such conduct has violated the Company’s policies. You also agree that if you contact the Company about any potential violation that the Company can share any such information the Company receives with any third party to deal with the complaint.
9. Personal Information
By using the Company’s Services, you agree to the collection, transfer, storage and use of your personal information by the Company on servers located in Canada, the United States, or elsewhere.
These terms and other policies posted by the Company in relation to the Company’s Services constitute the entire agreement between the Company and you, superseding any prior agreement. This agreement is governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. The Company and you both submit irrevocably to the jurisdiction of the Courts of the Province of Saskatchewan. You agree to waive any statutory benefit, if applicable, that you may receive under any law in any other jurisdiction. If the Company does not enforce any particular provision of any agreement or statutory benefit, the Company is not waiving their right to do so later at a time they deem preferable.
You agree that the Company reserves the right to automatically assign any benefit or right they may have pursuant to this agreement in their sole discretion and with no notice to yourself. If notice is required to be sent to the Company, you agree that such notice must be sent by Registered Mail to:
#201-626 Broadway Ave.
Canada, S7N 1A9
You agree that the Company may send you notice via email to an address you have provided, or by push notification. You agree that such notices shall be deemed received after electronic transmission as opposed to after electronic reception.
You agree that the Company may update this agreement at any time, without providing notice to your email and that you agree to monitor the Company’s terms and conditions upon visiting the Company’s site as any notification of changes is provided on the Company’s site.
No other amendment to this agreement shall be effective unless made in writing, signed by yourself, and an authorized representative of the Company.
You further agree that, in the interpretation of these terms and conditions, no rule of construction shall apply to the disadvantage of any party on the basis that that party prepared these terms and conditions or any part of them.
In the event any court of competent jurisdiction strikes down any of these terms, you agree the remaining terms shall survive.
12. Mobile Device Terms
In the event you choose to access the Services from a mobile device using an authorized application on the Apple App Store or the Android App Store, you agree that these terms and conditions shall apply in addition to any other terms and conditions or policies that may apply specifically for Mobile Devices. These may include an additional Mobile Policy, or End User License Agreement as the case may be.
In the event of any conflict between such terms, you agree that the terms and conditions in this agreement shall take effect and operate to the benefit of the Company.
13. Application Use
The Company grants you the revocable right to use the Application pursuant to the following restrictions. You may not:
modify, copy, publish, license, sell, or otherwise commercialize the Application or any information or software associated with the Application;
rent, lease, or otherwise transfer rights to the Application; or
use the Application in any manner that could impair the Application or interfere with any party’s use or enjoyment of the application.
You agree to comply with any and all applicable laws and third party terms of any agreement when using the Application, including any wireless data service agreement you may be a party to. The Application may not contain the same functionality as it does on any different platform, and you agree that these differences do not cause you damage in any way shape or form.
You agree that the downloading of and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that may result from your download or use of the Application.
14. Intellectual Property
The Company owns, or is the licensee to, all rights, titles, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter the Company’s copyright notice, trademark, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any application.
Further, as it relates to any copyright interest that may be created or arise from your usage of the Company’s Services or systems, you agree that the Company shall hold the sole copyrights to such material.
15. Foreign Trade Regulation
You agree that you shall not use any Company’s Services or Company technology in any manner that may violate any embargo or sanctions implemented by the Government of Canada. When using the technology, you are solely responsible for complying with any trade regulation, domestic law, or foreign law that is meant to govern its usage across any international border.
16. Additional Terms for Apple Devices
You agree that Apple is not responsible for the Application and any content observed through the Application. You are granted a limited license to use the Application only on approved iOS products that you own or control as permitted by the Usage Rules set forth by Apple’s Terms and Conditions. Neither Apple nor the Company have any obligation to furnish maintenance and support services for the Application. Neither Apple nor the Company are responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under any applicable consumer protection or similar legislation. You agree that there is no applicable warranty relating to the Application, and that you are not entitled to any refund if the Application does not perform to your expectations. You agree that Apple is a third party beneficiary to these terms, and that Apple may enforce these terms against you.
17. Additional Terms for Android Devices
In addition to the foregoing, you agree that Google is not responsible for any Company Application or the content of any Company Application. You agree that your use of the Application will comply with any applicable policy by Google for the Application. Google is only a provider of the Google Play Store, and has no obligation or liability with respect to you and the Application. You agree that Google is a third party beneficiary to these terms as it relates to the Application and may enforce these terms against you.
You agree that the Company may have and implement further privacy policies in addition to the following. You agree, and provide explicit consent, that the Company may collect, use, disclose, and retain your personal information. You also agree that the Company may use such information as they deem fit, including transferring it to any third party.
Further, you agree that the Company is not liable in the event any third party comes into possession of such information and uses it for illegal, immoral, or damaging purposes.
You also agree that the Company may forward such information they collect to law enforcement agencies as they deem fit. For clarity, this may include law enforcement agencies of any jurisdiction, not just the jurisdiction you reside in, or that the Company operates in.
You also agree that you have no right to review, collect, or examine any information the Company has in relation to yourself and that such information constitutes proprietary trade secrets important to the Company’s business functions.
You agree that the Company is not responsible for confirming the representation of any other user on the platform, including that they are qualified or certified to provide any services that they may offer.
This Agreement shall enure to the benefit of and be binding on the parties hereto, their respective heirs, executors, administrators, successors, and assigns as the case may be.