Outlined below is important information regarding the terms and conditions of using the services (“Service“, collectively “Services“) of the OpenCare.com Site (as defined below) as a OpenCare Member or as a Guest to this Site (as defined below.)
PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
This agreement is the user agreement (the “Agreement” or “User Agreement“) for OpenCare. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of http://www.OpenCare.ca (the “Site“). If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Site or use the Services.
This Site is owned and operated by HealthKiwi Inc. (“HealthKiwi“), a company incorporated under the federal laws of Canada.
1. Access Rights
2. Electronic Communications
3. Materials Posted on Site: Reviews and Ratings
4. Your Conduct When Using the Site
When using the Services available on the Site, you agree to use the Services in accordance with the following:
5. Your OpenCare Password
OpenCare is entitled to act on instructions received under your password. You are responsible for keeping your user ID, password, and any and all other account information confidential. OpenCare is not responsible for any actions taken or transaction made to or from your accounts by any other party using your password.
6. Proprietary Rights
7. Linked Sites
SOME LINKS IN THE OPENCARE SITE LET YOU LEAVE THE OPENCARE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OPENCARE AND OPENCARE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. OPENCARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OPENCARE OF THE LINKED SITE.
8. Disclaimer and Disruptions or Interruptions in Service
THE MATERIALS IN THE OPENCARE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPENCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE OPENCARE SITE AND ANY WEB SITE WITH WHICH THE OPENCARE SITE IS LINKED. OPENCARE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THESE SITES OR THEIR CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE OPENCARE NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, OPENCARE MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINED BY MEMBERS.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY OPENCARE FOR WHATEVER REASON, EVEN IF OPENCARE OFFICIALS HAVE BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, OPENCARE SHALL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS OPENCARE OFFICIALS HAVE IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, OPENCARE SHALL USE IT REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.
9. Use of the Term “Partner”
The use of term “partner” on this Site and in any other materials is not intended to indicate that the “partners” are in a legal partnership with OpenCare. Rather, the term is used in a marketing sense to show participation by the other parties involved in the OpenCare products and services.
11. Governing Law
12. Compliance with Laws
You do not have any right to assign this Agreement or any of your rights to the Service to anyone. OpenCare may assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of OpenCare, if OpenCare’s obligations herein are assumed by a third party, OpenCare shall be relieved of any and all obligations and liability under this Agreement.
While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
15. Service Providers
To provide and process the services to you, OpenCare shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf.
16. Our Obligations
OpenCare may be required by law to disclose information you have provided in using any of the services on the Website. OpenCare may also disclose information where someone poses a threat to OpenCare’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of OpenCare that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. In the event that OpenCare receives a court order to disclose information on the Website about you or your activities on the Website, you agree that such information may be disclosed.
17. Other Web Sites
18. Surveys and Disclosure of Information
19. Request Customer Support or Submit Questions/Suggestions
When you request assistance with viewing your profile, logging on to the OpenCare Web site, or accessing your account, we will respond to you via e-mail or telephone.
21. Liability Limit
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
23. No Agency
You and OpenCare are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
24. Changes to These Terms and Conditions of Use
OpenCare reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use by posting the modified, altered or updated terms on the Site, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Services. Your continued use of any of the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.