Carekore Inc.
Website Terms of Use
Carekore Inc. (“Carekore”, “we”, “us”) is the provider of Carekore.com and the provider and coordinator of services and resources provided to users of the website, including individuals with Carekore accounts (“Users”, “you”).
These terms of use (the “Terms”) govern access to Carekore.com, any other services or sites that Carekore utilises, all information, data and resources on the website (the “Carekore Information”), and all other websites, applications, services, resources, programs and content provided by the Carekore Eco-System (collectively, the “Site”).
Carekore provides services and resources relating to healthcare, wellness, and personal care. Carekore is a SAAS & subscription based virtual health platform. Through its holistic approach, the Carekore cloud platform alongside its global health and service partners, delivers demonstrably improved healthcare and patient outcomes.
General Terms and Updates
Acceptance of Our Terms. Please read these Website Terms of Use (the “Terms”) carefully before accessing or using the Site. Carekore offers the Site, including all resources, information, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other policies referenced in these Terms or posted on the Site, including our Privacy Policy. These Terms constitute a legal agreement between you and Carekore. If you do not agree with, or cannot comply with, these Terms, then you may not access the Site.
Personal Information. You acknowledge and agree that by providing Carekore with your personal information, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy and for the purposes identified to you at the time you provide the personal information. To view our Privacy Policy, please click HERE. [Link to be inserted.]
Changes to these Terms. Carekore reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Site following the posting of any change(s) constitutes acceptance of those changes.
Use of the Site
Use of the Site. The information on this Site is for your own personal informational purposes only. As a condition of your use of this Site, you represent and warrant that: (i) you have reached the age of majority in your province or territory of residence; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with these Terms; and (iv) all information supplied by you on this Site is true, accurate, current, and complete. If you use or access the Site on behalf of your child, dependent or any other individual, you represent and warrant to Carekore that you have legal authority to act on behalf of such individual, and that such individual’s access to or use of the Site and Carekore Information will be subject to these Terms.
Limited License Grant. Subject to your continued compliance with these Terms and the conditions and restrictions set out in these Terms, Carekore grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Site and the materials available through the Site for your personal purposes.
Prohibited Activities. You are prohibited from using the Site or any materials on the Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to reproduce, duplicate, copy, sell, resell, or exploit the Site, access to the Site, or any portion of the Site without express written permission by us; (l) to transmit any advertising or promotional materials; or (m) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
Remedies Available to Carekore. You acknowledge and agree that the use of the Site or the Carekore Information in violation of these Terms could cause irreparable harm to Carekore and that in the event of such unauthorized use, Carekore shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Restriction of Use. Carekore may at any time, with or without prior notice, restrict or prohibit your access to or use of the Site and any materials and resources available through the Site for any reason, including for failure to comply with these Terms, for providing Carekore with untrue or inaccurate information about yourself, or for infringement upon Carekore’s proprietary rights. In addition, certain features of the Site may require your personal information in order to provide requested materials, resources and information through the Site. Accordingly, you acknowledge that any withdrawal of your consent to use your personal information may restrict your ability to use certain portions or features of the Site.
User Accounts. If you create an account or profile on the Site, for yourself, your child or dependent or other individual (a “User Account”): you agree that such User Account is subject to these Terms, and you represent and warrant all information submitted by you is accurate, current and complete. You covenant and agree to maintain the secrecy and security of the username and password of your User Account, and to apply appropriate security measures to protect your User Account and any use of your User Account.
Medical Professionals and Practitioners
Personal Care Professionals. Medical and personal care services and resources made available through the Site are provided by physicians and other professionals (collectively, “Personal Care Professionals”). The Personal Care Professionals are independent from Carekore. The Personal Care Professionals are regulated health professionals, registered to practice in a province, State or territory. The Personal Care Professionals are solely and entirely responsible for all healthcare services they provide to you, whether through the Site or otherwise. You may, if you choose, access the listing and profile of any Personal Care Professional provided by the applicable regulator. Carekore does not, and has no responsibility to, monitor or verify that any Personal Care Professional is in good standing with its applicable regulator. Carekore is not a healthcare provider.
All services and care provided to you by any Personal Care Professional is provided only by that Personal Care Professional, in a physician-patient or other provider-patient relationship, in accordance with laws and regulations applicable to such Personal Care Professional. Carekore is not a party to any such relationship with you.
Emergencies. The Site does not provide emergency services, and is not connected to any emergency services. IF YOU HAVE EMERGENCY MEDICAL NEEDS, CONTACT 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY.
Residency Requirements. The Site, services provided by Carekore, and medical and personal care provided by the Personal Care Professionals is only offered and provided to residents of Canada, the USA and the United Kingdom.
Intellectual Property and Proprietary Rights
Carekore Information. The Site and all Carekore Information are protected pursuant to copyright, trademark, patent, and other applicable laws. As between you and Carekore, Carekore owns or holds the rights to the Site and all Carekore Information, including without limitation all data, content, graphics, forms, artwork, images, photographs, functional components, software, documentation, and other material on, in, or made available through the Site, as well as the selection, coordination, arrangement, organization, and enhancement of the Carekore Information. Neither your use of the Site nor any Carekore Information will create or grant you any rights in or to the Site or Carekore Information. Any copies of the Carekore Information made by you: (i) will be the exclusive property of Carekore; and (ii) will be subject to these Terms.
Trademarks. Except for third party marks, as between you and Carekore, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the Site are proprietary to Carekore or its affiliates, licensors, or suppliers. Use or misuse of any such marks is expressly prohibited. Unless otherwise expressly authorized by Carekore in writing, you may not copy or use any suchmarks.
User Content
User Content. The Site offers opportunities for you to engage with us and third parties. You are solely responsible for any content that you: post, upload, or otherwise contribute to the Site (which may include, reports, referrals, questions, photos, videos, comments, suggestions, ideas, and/or other types of content) (collectively, “User Content”). You are solely responsible for the compliance of such User Content with applicable laws. Carekore is not responsible for User Content nor does it endorse any opinion contained in any User Content. For clarity, we assume no liability for any User Content posted or submitted by any user.
User Content License Grant. In the event that you submit any User Content to the Site, you grant Carekore a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such User Content in any media, now known or hereafter devised.
Waiver of Rights. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in the User Content, if any, against Carekore, our assignees, our sublicensees, and their respective assignees in connection with our, those assignees’, and those sublicensees’ use of the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any moral rights or equivalent rights, such as your right to object to derogatory treatment of such User Content.
Feedback. If you provide feedback, ideas, or suggestions to Carekore in connection with the Site (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Carekore to use such Feedback without restriction and without payment to you. For clarity, Feedback is considered User Content.
Removal of User Content. Carekore reserves the right to remove or disable access to any User Content for any or no reason. Without limiting the generality of the foregoing, we may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion to be a violation of these Terms, including your engagement in any activities prohibited under these Terms. Carekore may take these actions without prior notification to you or any third party.
Accuracy and Completeness of Information
Accuracy of Information. All Carekore Information and information are provided on an “as is” basis. We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
Modification of Carekore Information. We reserve the right to modify or remove any Carekore Information at any time. Carekore cannot and does not review all communications made available on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any Carekore Information or the Site, including information submitted in connection with the Carekore Information or other features at any time, with or without notice, in its sole discretion.
DISCLAIMER
Third Party Applications. The Site is integrated with, or may otherwise interact with, certain third-party applications, websites, devices, tools, and services (“Third Party Applications”) to make the Site available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Carekore does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications. Carekore does not warrant the compatibility or continuing compatibility of the Third Party Applications with the Site.
NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SITE, THE SITE MATERIALS, INFORMATION, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CAREKORE, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
CAREKORE AND ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE SITE OR THE CAREKORE INFORMATION: (I) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE; (II) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE; (III) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (IV) WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
IN ADDITION, CAREKORE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CAREKORE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
LIMITATION OF LIABILITY & INDEMNIFICATION
Carekore Limitation of Liability. To the maximum extent permitted by law, in no event shall Carekore, its affiliates, and its and their officers, directors, employees, affiliates, agents, contractors or licensors (“CAREKORE ENTITIES”) be liable for any direct, indirect, consequential, incidental, exemplary, punitive, or special damages, including any damages relating to professional negligence or personal injury, and including any damages characterized as lost revenue, lost savings, or lost profits, whether based in contract, tort (including negligence), or other legal or equitable basis, including, without limitation, damages for harm to business, loss of information or data, loss of goodwill, or other economic loss, arising from, or in connection with, your use of, or inability to use, the Site, any errors or omissions in any Carekore Information, or any loss or damage of any kind incurred as a result of the use of the Site or any Carekore Information, transmitted, or otherwise made available through the Site, even if Carekore has been advised of the possibility of such damages in advance. In no event shall Carekore Entities by responsible or liable for any services, relationship or tranasction between you and any Personal Care Provider.
Indemnification by You. You agree to indemnify, defend, and hold harmless Carekore and its officers, directors, employees, affiliates, agents, contractors, suppliers, or licensors, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms or the policies they incorporate by reference; (ii) your violation of any applicable laws or the rights of a third party; (iii) any User Content that you post, contribute, or otherwise submit on or through the Site; and (iv) any activity that you engage on or through the Site.
LINKING TO THE SITE
Linking to the Site. Carekore permits links to the homepage of the Site, provided that any references and links to the Site are fair, legal, and would not reasonably be deemed to damage or take advantage of our reputation. You may not link to the Site in a way that suggests or indicates any affiliation, association, or approval between you and Carekore where such affiliation, association, or approval does not exist. In addition, you must adhere to the following conditions if you link to the Site: (a) you may not establish a link from any website that is not owned by you; (b) you may not cause the Site or portions of the Site to be displayed, or appear to be displayed, on any website; (c) you may not link to any part of the Site other than the homepage; and (d) you may not take any action with respect to the Carekore Information that is in violation of, or inconsistent with, any provision set out in these Terms. Where any link to the Site includes the use of a Brand Feature, the goodwill in such use shall accrue to the sole benefit of Carekore.
Removal of Links. You agree to immediately cease linking to the Site, and to remove any existing links to the Site, upon notice from Carekore. Carekore reserves the right to withdraw its permission to link to the Site, or to disable any links to the Site, at any time, without notice, at Carekore’s sole discretion.
MISCELLANEOUS
Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, all without affecting the validity and enforceability of any other remaining provisions.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Entire Agreement. These Terms as modified from time to time, and any policies or operating rules posted by us on this Site, constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto in the Province of Ontario.
Contact Information. Questions about the Terms of Use should be sent to us at [Carekore email / contact info.]
Terms of Use last updated October 1, 2021