For visitors to the Myca website
This website (“Site”) is provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. Your continued use of this Site will indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to be bound by the terms and conditions, promptly exit this Site.
1. Important definitions
These Terms and Conditions constitute a legally binding agreement between you and MYCA HEALTH INC. (hereinafter “MYCA”, the “Company”, “we”, “us” or “our”) in connection with your use of our Site currently found at www.myca.com. When we use the term “Site,” we are referring to and mean any and all information, content, data, products, materials and services available through MYCA’s website or Web pages, as well as any and all mirror, equivalent, comparable, replacement, substitute or backup sites, pages, resources, functions and facilities. When we refer to the “use” of our Site or “using” our Site, we mean any time, you, directly or indirectly, with or without the aid of a machine or device, enter, access, use, display, view, print, or copy from our Site, or utilize, initiate, take advantage of, benefit from or interact with any function, service or feature of our Site for any purpose whatsoever or if you attempt to do any of these things. For ease of reference, we may also refer to you or any other person, firm, or enterprise that uses our Site as a “user”.
2. Modification to this agreement and our website
We may add to, update, delete from or modify our Site at any time in our sole discretion. We also reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms and Conditions of Use. We will post or display notices of changes on our Site. Once we post them on our Site, these changes become effective immediately. If any change that we make is not acceptable to you, you must stop using the Site, because if you use our Site after they become effective, it will signify your agreement to be bound by these changes. You should check back regularly and review the Terms and Conditions so that you are aware of the most current rights and obligations which apply to your agreement with us.
3. Restrictions on use and ownership
All pages within this Site, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through this Site are the property of the Company and/or its affiliates. The content on the Site is provided for informational purposes only. The Company hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use. As a condition of your use of this Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful, immoral or prohibited by these Terms or Conditions. If you breach any of these Terms or Conditions, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials. The contents of this Site, including without limitation the text, images, audio, and video, are copyrighted and may not be distributed, modified, transmitted, published, reproduced, or used, in whole or in part, without the prior written consent of the Company, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other website or networked computer environment for any purpose is prohibited. All rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the Company.
4. Trademark notice
Myca, Myca Health, www.myca.com, MycaHub, Hello Health, HelloHealth and Hellohealth.com are the trademarks and service marks of the Company and/or its affiliates. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Nothing on this Site should be construed as granting any license or right to use any trademarks displayed on the Site, without the prior written permission of its owner.
5. Procedure for making claims of copyright infringement
6. Warranty disclaimer
This Site, including any content or information contained within it or any Site-related service, is provided “as is,” with no representations or warranties of any kind, either express or implied, including, but not limited to, suitability of the materials or products on this Site, Services rendered, advice given, or treatment suggested, by any Healthcare-Professional to a Client, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Site, Site-related services, and hyperlinked websites. No oral or written information or advice from a Healthcare-Professional shall create a warranty or in any way increase the scope of this warranty.
7. Limitation of liability
MYCA and its affiliates, suppliers, and other third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting form lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Services rendered, advice given or treatment suggested by a Healthcare-Professional, Site-related services and products, content or information contained within the Site, and/or any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised on the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or hyperlinked websites is to stop using the Site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Accuracy and integrity of information
Although the Company attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Information on the Site may be changed or updated without notice.
9. Links and pointers to other sites
This Site may contain links to other websites. These links are provided for your reference only. The Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non- MYCA website, please understand that it is independent from MYCA, and that MYCA has no control over the content on that website. In addition, a hyperlink to a non-MYCA website does not mean that the Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
10. Hyperlinks to this Site
Persons constructing other websites may of course link to any of the public pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or do not link at all. Any other use will be a violation of copyright and could subject you to legal action.
12. Choice of law or venue
These Terms and Conditions are entered into in the Province of Quebec, (Canada) and shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the provincial and federal courts sitting in Quebec, Canada, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be deemed limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.