Effective as of [DATE DE MISE EN LIGNE]
This document sets out the obligations and conditions governing your access to and use of the Evolutio mobile application (the “Agreement”).
1.Purpose and agreement
- THIS AGREEMENT IS SUBJECT TO CERTAIN DISCLAIMERS AND LIMITS OF LIABILITY SET OUT IN SECTION 13 BELOW. YOUR USE OF THE APP CONSTITUTES ACCEPTANCE OF THESE DISCLAIMERS AND LIMITS OF LIABILITY.
In this Agreement:
- “App” means the Evolutio mobile application, which allows certain healthcare Professionals (as defined below) to be put into contact with Clients.
- “Client(s)”, “User(s)” or “you” means the natural person (individual) authorized to access and use the Evolutio Services and to whom Identifiers have been issued, and more specifically designates the client benefiting from the Professional Services.
- “Evolutio” means Application mobile Evolutio inc., the company that developed and marketed the App and that has a business address at 74 rue Fortier, Gatineau, Quebec, Canada, J8Y 4R7.
- “Evolutio Services” means the services provided by Evolutio via the App, including (i) the ability to make appointments between a Professional and a Client for the delivery of Professional Services by a Professional, to conduct consultation, sessions or courses via the App, to exchange of information between Professionals and the Client via the App, to conduct transactions via the App (provided through the App’s “Market Place”) through which it is possible to purchase, among other things, programs, courses and sessions as well as other products and services of a Professional, and to automatically produce receipts; the delivery of the App notification system; the App instant messaging service, the App exercise bank and any other App service.
- “Fees” has the meaning set out in Section 3.2.
- “Identifier” has the meaning set out in Section 7.1.
- “Information” or “Content” means any information or content made available through the App.
- “Professional Service(s)” means consultations, treatments, programs, prescriptions, advice, assessments and any other services or products provided by Professionals to Clients, whether directly or indirectly.
- “User Data” means any information, data or document entered or transmitted by or about a Client in connection with the use of the Evolutio Services.
- The downloading, installation and use of the App itself is free for the Client.
- The Client is solely responsible for the payment of any fees, expenses and other charges of the Professionals directly or indirectly resulting from the delivery of Professional Services to or for the benefit of Client, including, but not limited to, services obtained through the Market Place (collectively “Fees”). Evolutio will post the applicable Fees on the App or the Evolutio website at [URL]. However, except in the event of an error by Evolutio in posting the Fees, Evolutio provides no warranty as to the accuracy of the Fees provided by Professionals and in no circumstance shall Evolutio provide any refund. All claims for a refund or warranty for Professional Services must be made by you directly to the applicable Professional.
4.Termination of services or agreement
- You can terminate this Agreement at any time by ending your subscription.
- By ending your subscription, you understand and accept that you may lose your data and information provided through the App forever. Evolutio makes no representation or warranty that you will be able to recover this data or information should you renew your subscription.
- Subject to Section 9.3 below, Evolutio may terminate the Agreement if you are still in default of performing your obligations under this Agreement following receipt of a thirty (30) day notice of default to this effect or, at its sole discretion, after the expiry of the thirty (30) day notice, suspend the Evolutio Services until you have remedied the default.
5.Services and professional acts
- The Evolutio Services are provided by Evolutio. You understand, however, that the Professional Services are in no way performed by Evolutio and that Evolutio is in no way involved in the delivery of these Professional Services. You must refer directly to the concerned Professionals for questions, comments or complaints relating to the Professional Services received.
- Medical emergency. THE SERVICES OFFERED ARE NOT AN ALTERNATIVE TO MEDICAL CONSULTATION. IF YOU HAVE A MEDICAL EMERGENCY, YOU MUST CONTACT A DULY QUALIFIED HEALTHCARE PROFESSIONAL OR CONTACT THE EMERGENCY SERVICES AVAILABLE IN YOUR AREA.
- To open an account allowing you to use the Evolutio Services of the App, you must be eighteen (18) years of age or older and be a resident of the province of Quebec.
7.User accounts and identifiers
- The Evolutio Services are only accessible to Users to whom a username and password (the “Identifiers”) have been issued by Evolutio, in accordance with the applicable terms and conditions so that Users can create an account for the purposes of the App. You are responsible for the use that will be made of the Evolutio Services and any access and any use made with the Identifiers issued will be deemed to have been made by you.
- Each User is fully responsible for (i) maintaining the confidentiality and security of the Identifiers, (ii) not disclosing them or permitting their use by third parties, (iii) the compliance of any use of the Identifiers, and (iv) immediately notifying Evolutio if the User knows or suspects that an Identifier has been lost or stolen, or is known to another person or used by another person, by sending a message to email@example.com.
- Consent. Evolutio must obtain personal information from Users via the App in order to be able to provide the Evolutio Services. By accepting this Agreement, you therefore expressly consent, with respect to the personal information that you communicate or disclose, that Evolutio:
- collects, processes and saves personal information necessary for the purpose of allowing Evolutio to provide you with the Evolutio Services as defined in Section 1 of this Agreement;
- communicates your personal information to the Professionals so that they can carry out the Professional Services that you have requested and from which you will benefit;
- retains a copy of your personal information, including the medical information that you disclose to the Professionals, so that they can consult and access the personal information via the App;
- allows Professionals to communicate your personal information, such as your medical history or other medical information communicated to Professionals, strictly for the purpose of optimizing your time and the quality of the Professional Services.
- Users are responsible for providing the most accurate, truthful, complete and precise medical, health and other applicable information possible. Evolutio is an automated information sharing application and Evolution does not make any decisions about, and does not exercise any discretion over, health, medical or other information that should or should not be shared with Professionals. It is the User’s sole responsibility, when communicating medical, health and other personal information, to only communicate such information as may be necessary or relevant to the delivery of the Evolutio Services and Professional Services.
- Evolutio collects, processes and saves the Client’s personal information in accordance with applicable laws on the protection of personal information. Evolutio implements commercially reasonable measures to ensure the security, confidentiality, integrity, availability and authenticity of the personal information obtained. Evolutio collects, processes and saves Client’s personal information solely and strictly for the purpose of providing the Evolutio Services and facilitating the performance of Professional Services by Professionals.
- Evolutio also undertakes to restrict access and disclosure of personal information only to persons for whom access is necessary for the purposes of performing the Evolutio Services and to the Professionals you consult, and to promptly notify the Users concerned of any breach of confidentiality with respect to personal information.
- Evolutio may extract, store and use anonymous and aggregated information for the purpose of optimizing the Evolutio Services, analysis and offers of business intelligence services. This anonymous and aggregated information will not include any personal information or the name of the Client, Professionals or their businesses.
9.Right of use
- You are authorized to access and use the App and the Evolutio Services only for your personal use and in accordance with the access rights granted to you under your subscription and in accordance with the conditions stipulated in this Agreement and applicable laws. Evolutio therefore grants you a limited, revocable, non-exclusive, non-transferable license to access and use the App, without the right to grant sublicenses, during the term of the Agreement only (or until the Evolutio Services are suspended or terminated).
- Users must refrain from any action that may affect the accessibility, security, integrity and functionality of the App, the underlying systems of the App, and refrain from any attempt to gain unauthorized access to data or information of other Users. Any use for republication/rebroadcasting, resale or rental is prohibited.
- Evolutio may, without prior notice, and without liability to you or any other person, terminate this Agreement or revoke your authorization to access the App or use the Evolutio Services in the event that you fail to comply with Section 9.2 above and Section 10 below or if this proves necessary in order to prevent or avoid the occurrence of serious damage to the App.
- It is prohibited to use the App for the purposes of disseminating, publishing, transmitting or hosting:
- content that is illegal, illicit or harmful to Evolutio or other users;
- material intended to impersonate a third party;
- material infringing the intellectual property rights of Evolutio or third parties;
- computer viruses, malware, spyware or any other material likely to negatively affect the operation of the Evolutio Services or the App, or to damage the installations and systems of Evolutio or its service providers.
- It is also prohibited to:
- republish, broadcast, or resell the Evolutio Services;
- record or broadcast, in any form whatsoever, consultations, programs, courses or sessions offered by Professionals;
- use the App for any illicit, immoral or illegal purpose;
- use a robot or other automated process to login, copy information or otherwise use the App;
- use the App for commercial purposes or for the benefit of a third party, unless you have parental authority;
- decompile or use reverse engineering processes or any other process or any action aimed at obtaining or inferring the source code of the App or obtaining any other information or any element constituting intellectual or material property of Evolutio.
- Evolutio aims to ensure the highest possible availability of the Evolutio Services and App but does not in any way guarantee uninterrupted access or availability to the Evolutio Services. Without limiting the generality of the foregoing, Evolutio may from time to time interrupt access to the App and the delivery of the Evolutio Services:
- for maintenance of the App;
- for the improvement and installation of new features; or
- for checking and auditing the proper functioning of the Evolutio Services.
13.Disclaimer and limitation of liability
- The availability of Professional products or services through our App or the Evolutio Services does not indicate an affiliation with or endorsement of any product, service, or provider. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered through our App or the Evolutio Services.
- ALL PROFESSIONALS PROVIDING SERVICES THROUGH THE APP ARE REQUIRED TO REPRESENT AND WARRANT THAT THEY ARE DULY AUTHORIZED TO PRACTICE THEIR PROFESSION AND CARRY OUT THE PROFESSIONAL SERVICES WITHIN THE FRAMEWORK OF THE APP. HOWEVER, YOU AGREE AND UNDERSTAND THAT EVOLUTIO DOES NOT PERFORM ANY VERIFICATION OF THE CREDENTIALS OR QUALIFICATIONS OF PROFESSIONALS.
- YOU AGREE AND UNDERSTAND THAT EVOLUTIO IS IN NO WAY INVOLVED AND INCURS NO LIABILITY WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF THE PROFESSIONAL SERVICES. ANY RECOURSE, COMPLAINT OR CLAIM ARISING FROM OR RELATED TO THE PROFESSIONAL SERVICES WILL BE BROUGHT DIRECTLY AGAINST THE PROFESSIONALS TO THE EXCLUSION OF EVOLUTIO. EVOLUTIO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO PROFESSIONAL SERVICES AND OTHER HEALTHCARE AND HAS NO CONTROL OVER THEM. YOU ACKNOWLEDGE THAT EVOLUTIO PROVIDES NO GUARANTEE REGARDING THE QUALIFICATIONS AND REPRESENTATIONS MADE BY THE PROFESSIONALS IN THE CONTEXT OF THE CONSULTATIONS.
- Neither the App nor the Evolutio Services constitute medical advice.
- ALL PRODUCTS AND SERVICES OFFERED THROUGH THE EVOLUTIO SERVICES OR APP ARE PROVIDED « AS IS » WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- YOU AFFIRM THAT EVOLUTIO SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE PROFESSIONALS’ FAILURE TO HONOUR THEIR WARRANTY OBLIGATIONS TO YOU.
- SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL EVOLUTIO OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH THE USE OF THE APP, THE EVOLUTIO SERVICES OR PROFESSIONAL SERVICES (INCLUDING ARISING OUT OF OR RELATING TO LOSS OF USE, DATA, REVENUE, OR BUSINESS INTERRUPTION), REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- THE SOLE AND ENTIRE MAXIMUM LIABILITY OF EVOLUTIO OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE APP AND EVOLUTIO SERVICES YOU HAVE ORDERED.
- THE LIMITATION OF LIABILITY SET OUT IN SECTION 13.10 SHALL NOT APPLY TO (I) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, AND (II) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
- You agree to indemnify, defend and hold harmless Evolutio and its employees, agents and assigns from all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other costs arising directly or indirectly from: (i) your actual or alleged breach of this Agreement; (ii) an allegation that any Content, Information, or User Data that you have submitted or transmitted through the App constitutes an infringement, a misappropriation or any other violation of copyrights, trademarks, trade secrets or other intellectual property or proprietary rights of any third party; and/or (iii) your activities or omissions relating to the App.
- Other than the rights expressly granted in this Agreement, access to and use of the App or Evolutio Services will not convey ownership or any other rights in the App, the Content or the underlying technology to you. You may not copy, reproduce, republish, upload, display, transmit, modify, index, catalogue, decompile, mirror image or distribute in any way, the Content of the App, in whole or in part, without the written consent of Evolutio.
- You are expressly prohibited from using any trademarks, trade names, logos, signatures, and slogans (the “Trademarks”) displayed in the App or other information or materials incorporated into the Content, except as expressly permitted herein.
- Governing Law. All matters arising out of or relating to this Agreement, the App and delivery of the Evolutio Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).
- Forum Selection. Any action or proceeding arising out of or relating to this Agreement, the App and delivery of the Evolutio Services will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You and Evolutio irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
- Assignment. You will not assign any of your rights or delegate any of your obligations under this Agreement. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
- No Waivers. The failure or delay by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.
- No Third-Party Beneficiaries. This Agreement do not and are not intended to confer any rights or remedies upon any person or entity other than you.
- Notices. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide to us; or (ii) by posting within the App. Notices sent by email will be effective when we send the email and notices we provide by posting within the App will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under this Agreement, you must contact us by personal delivery, overnight courier or registered or certified mail to [NOM ET ADRESSE]. We may update the address for notices to us by posting a notice in the App or on our website located at [URL]. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of this Agreement is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
- Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related exhibits and schedules, constitutes the sole and entire agreement between a User and Evolutio with respect to the subject matter contained in this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter
- If you have any questions or comments regarding this Agreement, please contact us at the following address: firstname.lastname@example.org.