You agree that by clicking “Sign-in”, “create account”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with BioAro Inc (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “create account” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Services
This Contract applies to BioAro.com, BioAro.com, related apps,
and other related sites (including .ca and other domains), mobile apps, communications and
other services that state that they are offered under this Contract (“Services”), including
the offsite collection of data for those Services, such as our ads and plugins. Registered
users of our Services are “Members” or “Users” or “Patients” or “Clients” and unregistered
users are “Visitors”. This Contract applies to both Members, Users, Patients, Clients and
Visitors.
Contract
You are entering into this Contract with BioAro (also referred
to as “we” and “us”).
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
If you reside in the “Designated Countries”, you are entering into this Contract with BioAro Ireland Unlimited Company (“LinkedIn Ireland”)Ireland will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
If you reside outside of the “Designated Countries”, you are entering into this Contract with BioAro Incorporation (“BioAro Corp.”) will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
This Contract applies to Members and Visitors.
As a Visitor or Member of
our Services, the collection, use and sharing of your personal data is subject to this
Privacy Policy (which includes our Cookie Policy and other documents referenced in this
Privacy Policy) and updates.
Members, Users, Patients, Clients and Visitors
When you register and join
the BioAro Services you become a Member/User/Patient/Client. If you have chosen not to
register for our Services, you may access certain features as a “Visitor.”
Changes
We may modify this Contract, our Privacy Policy and our Cookies
Policies from time to time. If we make material changes to it, we will provide you notice
through our Services, or by other means, to provide you the opportunity to review the
changes before they become effective. We agree that changes cannot be retroactive. If you
object to any changes, you may close your account. Your continued use of our Services after
we publish or send a notice about our changes to these terms means that you are consenting
to the updated terms.
Service eligibility
The Services are not for use by anyone under the age
of 18.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one BioAro account which must be in your real name; and (3) you are not already restricted by BioAro from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
“Minimum Age” means 18 years old.
Your account
Members, Users, Patients and Clients are account holders.
You agree to: (1) try to choose a strong and secure password; (2) keep your password secure
and confidential; (3) not transfer any part of your account (e.g., connections) and (4)
follow the law and our list of Dos and Don’ts. You are responsible for anything that happens
through your account unless you close it or report misuse.
As between you and others (including your family members), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. your family member) the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
Payment
If you buy any of our paid Services (“Premium Services”), you
agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay
these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on
location (e.g. exchange rates).
We may store and continue billing your payment method
(e.g. credit card) even after it has expired, to avoid interruptions in your Services and to
use to pay other Services you may buy.
If you purchase a subscription, your payment
method automatically will be charged at the start of each subscription period for the fees
and taxes applicable to that period. To avoid future charges, cancel before the renewal
date. Learn how to cancel or suspend your Premium Services.
All of your purchases of
Services are subject to BioAro’s refund policy.
We may calculate taxes payable by
you based on the billing information that you provide us at the time of purchase.
You can
get a copy of your invoice through your BioAro account settings under “Purchase History”.
Notices and messages
You agree that we will provide notices and messages
to you in the following ways: (1) within the Service, or (2) sent to the contact information
you provided us (e.g., email, mobile number, physical address). You agree to keep your
contact information up to date.
Sharing
Our Services allow messaging and sharing of information in many
ways, such as your profile, health information (Vitals, Blood Pressure, Weight, Steps,
Questionnaires/Answers, Messages, Tips of the Day, Images, PDF files, Reports, Notes, FAQs,
links to news articles and etc.). Information and content that you share or post in the
groups may be seen by other Members, Patients, Clients, Users, Visitors or others (including
off of the Services). You are aware of this and any breach in your personal health
information will be your responsibility. BioAro inc will not be held liable for this breach
of personal information. It is advised to use caution while sharing your information in the
groups and/or healthcare team.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
Your license to BioAro
As between you and BioAro, you own the
content and information that you submit or post to the Services, and you are only granting
BioAro and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or
generally by closing your account, except (a) to the extent you shared it with others as
part of the Service and they copied, re-shared it or stored it and (b) for the reasonable
time it takes to remove from backup and other systems.
We will not include your content
in advertisements for the products and services of third parties to others without your
separate consent (including sponsored content). However, we have the right, without payment
to you or others, to serve ads near your content and information, and your socialactions may
be visible and included with ads, as noted in the Privacy Policy.
We will get your
consent if we want to give others the right to publish your content beyond the Services.
While
we may edit and make format changes to your content (such as translating it, modifying the
size, layout or file type or removing metadata), we will not modify the meaning of your
expression.
Because you own your content and information and we only have non-exclusive
rights to it, you may choose to make it available to others.
You and BioAro Inc agree
that we may access, store, process and use any information and personal data that you
provide in accordance with the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding our Services to BioAro
Inc you agree that company can use and share (but does not have to) such feedback for any
purpose without compensation to you.
You agree to only provide content or information
that does not violate the law nor anyone’s rights (including intellectual property rights).
You also agree that your profile information will be truthful. BioAro Inc may be required by
law to remove certain information or content in certain countries.
Service
availability
We may change or discontinue any of our Services. We don’t
promise to store or keep showing any information and content that you’ve posted.
BioAro is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
Other content, site and apps
By using the Services, you may encounter
content or information that might be inaccurate, incomplete, delayed, misleading, illegal,
offensive or otherwise harmful. BioAro Inc generally does not review content provided by our
Members or others. You agree that we are not responsible for others’ (including other
Members’) content or information. We cannot always prevent this misuse of our Services, and
you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your BioAro account, that app or site can access information on LinkedIn related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, BioAro is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.
Limits
BioAro Inc (known as company) reserves the right to limit your use
of the Services, including the number of your connections and your ability to contact other
Members. The company reserves the right to restrict, suspend, or terminate your account if
believes that you may be in breach of this Contract or law or are misusing the Services.
Intellectual Property Rights
The Company reserves all of its intellectual
property rights in the Services. Using the Services does not give you any ownership in our
Services or the content or information made available through our Services. Trademarks and
logos used in connection with the Services are the trademarks of their respective owners.
BioAro, BioAro Inc, “in” logos and other company trademarks, service marks, graphics, and
logos used for our Services are trademarks or registered trademarks of BioAro Inc.
Medication and Medical Advice Disclaimer:
BioAro do not take any
liabilities for any side effects, injuries, and/or death caused by the information shared on
the company and affiliated websites/mobile applications. Please check with your local
pharmacists and your health care professionals before taking medications or decisions in
regards to you and/or your family’s health.
Disclaimer and limit of Liability
TO THE EXTENT ALLOWED UNDER LAW, BioAro
AND ITS AFFILIATES (AND THOSE THAT BioAro WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM
ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS
BioAro Inc HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT),
BioAro AND ITS AFFILIATES (AND THOSE THAT BioAro WORKS WITH TO PROVIDE THE SERVICES) SHALL
NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES,
RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF,
OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF BioAro AND ITS AFFILIATES (AND THOSE THAT BioAro WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) Canadian $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BioAro AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BioAro OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Termination
Both you and BioAro Inc may terminate this Contract at any
time with notice to the other. On termination, you lose the right to access or use the
Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further
re-share content and information you shared through the Service to the extent copied or
re-shared prior to termination;
Sections 4, 6, 7, and 8.2 of this Contract;
Any
amounts owed by either party prior to termination remain owed after termination.
You can
visit our Help Center to close your account.
Governing Law and Dispute Resolution
If you live in the Designated
Countries: You and BioAro Ireland agree that the laws of Ireland, excluding conflict of laws
rules, shall exclusively govern any dispute relating to this Contract and/or the Services.
You and BioAro Ireland agree that claims and disputes can be litigated only in Dublin,
Ireland, and we each agree to personal jurisdiction of the courts located in Dublin,
Ireland.
For others outside of Designated Countries, including those who live outside of the United States: You and BioAro agree that the laws of the Province of Alberta, Canada, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and BioAro Inc both agree that all claims and disputes can be litigated only in the federal or provincial courts in Calgary, Alberta, Canada and you and BioAro Inc each agree to personal jurisdiction in those courts.
General Terms
If a court with authority over this Contract finds any part
of it unenforceable, you and we agree that the court should modify the terms to make that
part enforceable while still achieving its intent. If the court cannot do that, you and we
agree to ask the court to remove that unenforceable part and still enforce the rest of this
Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that BioAro has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that BioAro may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses:
Suite 1020
Calgary Place Tower 1 330 – 5th Avenue SW Calgary, AB, T2P 0C3
BioAro “Dos and Don’ts”
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, anti-spam laws, export control laws, tax laws, and regulatory
requirements;
Provide accurate information to us and keep it updated;
Use your real
name on your profile; and
Use the Services in a professional manner.