Last Updated: January 31, 2022
These terms and conditions of use (the "Terms") apply to your access to and use of any materials, content or services provided through the Service located at tutelacare.com, and such other applications for web and mobile devices as may be made available from time to time (collectively, the "Service"), owned and operated by Tutela Care Ltd. and its corporate affiliates ("Tutela", "we", "us", "our"). The Service is only made available to you under these Terms and in accordance with our Privacy Policy: tutelacare.com/PrivacyPage/
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
Your use of the Service is subject to these Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Service.
The Service Does Not Provide Legal or Medical Advice
The contents of the Service, including but not limited to any text, agreements, graphics, audio, video, images, tests, surveys, guides, reports, software, data or other materials created or hosted by Tutela (collectively, the "Content") are for informational and organizational purposes only. Tutela is not a legal service provider, a health care provider, or a medical services provider. Always seek the advice of your lawyer, physician or other qualified health providers with any questions you may have regarding the Content.
Tutela does not endorse any specific lawyers, physicians, counsellors, products, tests, procedures, opinions, or other information that may be mentioned or linked to on the Service. All such references are provided for informational purposes only and your reliance on any such information, including the Content, is solely at your own risk. You may elect to use the Service to assist you in making your own decisions about your actions. The Service is (i) not a substitute for a medical or healthcare provider; (ii) does not provide diagnosis or legal advice (iii) and to be utilized at your own risk. As a condition to your use of the Services you agree that we are not liable for any damages, injuries, or negative results or consequences relating to any recommendations provided by the Services.
Updates to Terms
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will ensure that the latest, fully-amended version of these Terms are published on the Service. You are responsible for regularly reviewing the Service to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate your agreement to these Terms as set out above. If you continue to use the Service after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Service.
License to Use
Subject to these Terms, we grant you and your Authorized Representatives (as defined below) permission to access the Service for personal, commercial purposes and grant you and your Authorized Representatives a limited, non-exclusive, and non-transferable, license to use the Service for transitory purposes, provided that with respect to any materials obtained from the Service, you and your Authorized Representatives may not:
| a) | modify, copy, reproduce or create derivative works of the Service, except as explicitly permitted herein; |
| b) | use the Service for any commercial purpose; |
| c) | distribute or transmit the Service; |
| d) | attempt to decompile or reverse engineer any software or database contained in or access through the Service; |
| e) | remove any copyright or other proprietary notations contained in the Content or the Service; |
without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.
Privacy Policy
You acknowledge that you have read the Privacy Policy located on the Service at tutelacare.com/PrivacyPage/, as it may be updated from time to time (the "Privacy Policy"), and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in these Terms and such Privacy Policy, which is incorporated herein by reference and forms an integral part hereof.
Your Account
Your use of the Service may require an account identifying you as a user (an "Account") and having a valid payment method associated with your Account ("Payment Method"). All information you provide to us will be subject to our Privacy Policy.
You authorize us to charge any Payment Method associated with your Account for payment of any services you may order through the Service. If a payment is not successfully completed, due to expiration, insufficient funds, incorrect information, or otherwise, we may suspend your access to the Service, your Account, and any services until we have successfully charged a valid Payment Method. For some Payment Methods, your Payment Method issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method issuer for details.
We may change the price of our services from time to time; however, any price changes will apply to subsequent purchases or billing cycles, as applicable, following notice of the change to you.
You may designate certain individuals to create or access your Account and use the Services on your behalf (the "Authorized Representatives"). Notwithstanding the Authorized Representatives, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of your Authorized Representatives and any persons who gain access to your account without your permission.
You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
You agree to provide true, current, accurate and complete information about yourself as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
You agree we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy.
We may assign to you, or you may create, password and account identification to enable you to access and use certain portions of the Service. Each time you use a password or identification, you will be deemed to be authorized to access and use the Service in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Service.
Eligibility
The Service is intended solely for use by Tutela clients, the respective Authorized Representatives, and by individuals who have signed up for the Service, and any registration, use or access to the Service by any other person is unauthorized, unlicensed, and in violation of these Terms. We may terminate your Account, delete any content or information that you have posted on or through the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in our sole discretion, with or without notice, including without limitation if we have any reason to believe that you do not meet the eligibility criteria set out above.
Professional Services
Through the Service, you may be connected to legal or medical service practitioners or providers (the "Professionals") that are owned and operated as third-party providers and who are not in any way related to Tutela. At all times, the provision of any services by the Professionals to you will be in accordance with a separate services or other agreement between you and the Professionals. Tutela does not monitor, control, operate, or otherwise provide the services that the Professionals offer and we expressly disclaim any responsibility or liability for any claims, losses or damages that may arise as a result of such communications or failure of communications.
You agree that you are solely responsible for your use any services offered by the Professionals through our Service and assume all risk associated with requesting services from the Professionals. You acknowledge and agree that we are not responsible for verifying the credentials or the quality of work associated with the Professionals. Any communication with a Professional (including those services and any advice, opinion, or health and legal information you may obtain by way of such communications through the Services) is between you and the Professionals.
We reserve the right but have no obligation to participate in any dispute between you and another party arising from your use of the Service. We are not responsible for the conduct of any user or Professional listed on the Service.
Proprietary Rights
Our Content - Except where expressly stated otherwise, all right, title and interest in and to the Service and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Service (collectively, "Our Content") is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Service or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Service as set out herein.
Third Party Content - Content accessed or available through the Service or the Internet may be owned by parties other than you or us (collectively, "Third Party Content") and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Service or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Service as set out herein.
Responsibility for Content - You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you or your Authorized Representatives using the Service.
Public Transmission and Caching - You acknowledge and agree that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Feedback - All right, title and interest in and to comments, ideas, suggestions and impressions of the Service and our products given by you or your Authorized Representatives to us (collectively, the "Feedback") is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.
Compliance and Complaints - We do not have any obligation to censor or review any Third-Party Content or to monitor use of the Service. However, you agree that we may, without notice or liability, disclose to third parties any of your information, monitor your use of the Service and monitor, review and retain any Content if we believe in good faith that such activity is reasonably necessary to provide the Service to our users, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Service by you or your Authorized Representatives, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access or the access of any Authorized Representative to the Service, including your Account.
Proprietary Notices
Copyright Notice - The Service and all our Content is owned and copyrighted by Tutela and/or its licensors, and is licensed to you in accordance with these Terms only.
Trademark Notice - The trademarks, logos, and service marks displayed on or through the Service are the property (whether registered or unregistered) of Tutela, its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the Service, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Acceptable Use and Prohibitions
In addition to any other terms or conditions regarding your use of the Service in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Service from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms.
Proper Conduct (Things You Must Do) - Without limiting the generality of anything else contained in these Terms, you must ensure that:
| (i) | you and your Authorized Representatives only use the Service for lawful purposes; and |
| (ii) | if at any time you or your Authorized Representatives become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation |
Prohibited Conduct (Things You Must Not Do) - Without limiting the generality of anything else contained in these Terms, you agree that you and your Authorized Representatives will not, in connection with the Service, directly or indirectly do or permit any of the following:
| (i) |
post, upload, reproduce, distribute or otherwise transmit any data or files that:
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| (ii) | engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity; | ||||||||||||||
| (iii) | scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems; | ||||||||||||||
| (iv) | forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service; | ||||||||||||||
| (v) | impersonate or falsely represent your association with any person, including a representative of us; | ||||||||||||||
| (vi) | share your Account with any other person; | ||||||||||||||
| (vii) | misrepresent your identity in any way; | ||||||||||||||
| (viii) | disrupt or threaten the integrity, operation or security of any service, computer or any Internet system; | ||||||||||||||
| (ix) | disable or circumvent any access control or related process or procedure established with respect to the Service; | ||||||||||||||
| (x) | sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, any Service, except where expressly authorized by us; | ||||||||||||||
| (xi) | harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or | ||||||||||||||
| (xii) | harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Service or to extract data, collect information or otherwise interact with the Service. |
Termination
We may, in our sole discretion, suspend, restrict or terminate your or your Authorized Representatives' use of the Service, including your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Service or our or any third party's equipment or network is impaired by your use of the Service, we have received a third party complaint which relates to your use or misuse of the Service, or you have been or are in breach of any term or condition of these Terms.
You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or your Authorized Representatives' access to your Account and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations.
Disclaimers, Limits of Liability and Indemnities
Internet-Based Limitations - Your use of the Service depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Customer Acknowledgement - You acknowledge and agree that (i) all use of the Service provided by us is entirely at your own risk, (ii) the Content that you or your Authorized Representatives may access while using the Service may contain links to other Services, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such Services or the information contained therein, and (iii) all products and services provided under these Terms are provided on an "as is" and "as available" basis.
Disclaimer of Warranties - We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Service or the information provided or hosted therein. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
No Liability - Notwithstanding any other provision of these Terms, in no event will we, our affiliates, or our controlling parties, agents employees, suppliers, licensors, resellers or distributors (collectively in these disclaimers and limitations, "we" or "us") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms or the Service, or any Content, or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:
| (i) | sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Service; |
| (ii) | any suspension, curtailment, restriction, termination or other limitation placed on your or your Authorized Representatives' use of the Service, or your Account; |
| (iii) | any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights; |
| (iv) | the performance of the Internet or the Service; |
| (v) | the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Service, including material that infringes the rights of others or otherwise violates laws or regulations; and |
| (vi) | delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties. |
Applicability - Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
Indemnity By You - You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you and your Authorized Representatives or permitted by you or your Authorized Representatives , of the Service or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
General Provisions
Interpretation - In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to Service addresses or URLs shall also include any successor or replacement Services containing substantially similar information as the referenced Service(s), and (iv) any monetary amounts expressed are in Canadian dollars.
Waiver of Rights and Remedies - Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability - If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Notifications - Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Service, as we may determine in our sole discretion.
Governing Law and Jurisdiction - These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in the City of Vancouver in the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.
Assignment and Inurement - We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Survival - All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Relationship - You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Service.
Entire Agreement - These Terms, as amended from time to time, including any and all documents, Services, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
English Language - The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Questions and Concerns:
If you have any questions or concerns about these Terms, please contact us at support@tutelacare.com.
