Terms & Conditions
These terms and conditions are as of March 15th, 2019.
1. BINDING EFFECT:
2. MINIMUM AGE:
You must be at least 19 years old and 18 years old in case of Alberta & Quebec to access and participate on the Website. You guarantee, represent and warrant that you are abiding by provisional laws and are able to enter into legal Agreement.
3. USE OF THE SITE OR SERVICES:
Your right to use the Website is personal to you and you are expressly prohibited for allowing any other person to use your registered account. Similarly, you are expressly prohibited from using any Website account other than your own. You are required to safeguard your account details and not provide it to any other person. Spark nor its affiliates including officers, directors, employees, consultants, agents, and representatives, collectively referred to as “Spark Medical” is not responsible for any losses arising out of the unauthorized use of your account. You agree that Spark nor its affiliates does not have any responsibility if you lose or share access to your account. The existence of your account and any information provided to us in connection therewith may be accessed and/or otherwise disclosed by us in the event that we are required to do so by law or is permitted by your consent.
We retain the right to refuse, cancel or terminate your account at any time as we may determine in our sole and unfettered discretion in the event that we have reasonable grounds to believe that false, inaccurate, or misleading documentation and/or other information has been submitted in connection with your registration or any request to amend same or you are otherwise ineligible to be registered for an account for any reason whatsoever.
4. EMAIL COMMUNICATIONS:
6. INAPPROPRIATE CONTENT:
If you believe that any Content on the Spark medical contains prohibited contents, please contact
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users.
Spark reserves the right to take any action Spark deems necessary and appropriate, which may include but is not limited to: immediately and permanently removing the content; suspending the user who contributed to content; or permanently banning the user from Spark services. Spark intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
7. THIRD PARTY INTERACTIONS:
Your interactions with entities or individuals found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information.
You agree that Spark nor its affiliates shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Spark Sites, or between users and any third party, you understand and agree that Spark nor its affiliates is under any obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Spark, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When using the site, you may view and print webpages from the Website for your personal, informational, and non-commercial use but you may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Website content without Spark’ express consent. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively,” Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
Spark reserves the right to make changes to these Terms, and will update the Website time to time, all the changes will be effective from date of update. Spark also reserves the right to change any aspect of the site including the right to refuse or remove any of the Content, without prior notice and liability to you. The use of our Website may be subject to any additional rules and regulations that we may impose from time to time as we deem appropriate.
NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY.
OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. SEVERABILITY; WAIVER
14. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
14. GOVERNING LAW:
These Terms and your use of the Website and the Services shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any applicable federal laws of Canada. The courts of Ontario shall have the exclusive jurisdiction to hear any matter arising in connection with these Terms.
The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and Spark will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if Spark communicates such information to you at your request.