Last updated: 1/09/2020 (1st of September, 2020)
Important definitions:
1. “Website” refers to the Jesh Health Inc internet page where the services of Jesh Health Inc are provided. It may be accessed by the following link: https://www.jeshhealth.com/
2. “Application” refers to the mobile phone application that Jesh Health Inc provides to their users. It is provided solely through the Android and iOS application stores, the Google Play (Android) and the App Store (Apple), respectively. Any other distribution or sale of the Application is not sanctioned by Jesh Health Inc.
3. “Company” refers to the legal entity, Jesh Health Inc who owns the Website and The Application. The “Content” and “Informational Leaflets” refers to the services offered by Jesh Health through the Website and Application.
It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Jesh Health Inc. It states the terms and conditions under which you may access and use the Website, the Application and download information leaflets and other materials displayed or made available through the Website and/or the Application, without limitation. By accessing and using the Website and/or the Application and opting to subscribe to the Information Leaflets, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you may not use the Website and/or the Application, and you must not access the subscription component and or Informational Leaflets of the Website and/or the Application. The Company may revise this Agreement at any time by updating this posting. Use of the Website and/or the Application after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. The products marketed on this website are designed and tailored towards physicians practicing in Canada. As such, The Company will not be held responsible for any conflict or misunderstanding arising from use of these products outside of Canada. By opting to subscribe to the Website or the products and use them outside of Canada, you acknowledge that you have been made aware of this, and you absolve The Company of any responsibility for any issues that may arise as a result of the use of these products in other parts of the world.
Disclaimer of warranties: The Website, the Application and the Content are provided “AS IS” and “AS AVAILABLE.” While The Company endeavours to provide information that is correct, accurate, current, and timely, The Company makes no representations, warranties, or covenants, express or implied, regarding the Website, the Application and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website and Application or any item(s) made available on or through the Website and Application will be of merchantable quality and/or fit for a particular purpose; (ii) the Website, Application, and Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website and Application will be uninterrupted or error-free; (iv) that defects or errors in the Website and/or Application and/or the Content, be it human or computer errors, will be corrected; (v) that the Website and/or Application will be free from viruses or harmful components; and (vi) that communications to or from the Website and/or Application will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Website, the Application, and the Content is entirely at your own risk and liability. Practicing physicians that use the Website, Application and Content cannot hold The Company accountable for the interpretation that any of their patients arrive at from use of these leaflets.
Limitation of liability: In no event shall the Company , its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website and/or Application and/or the Content, or your inability to use the Website and/or Application, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if The Company knew of or ought to have known of the possibility of such damages. The Company also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website and/or Application, or any advertiser or sponsor of the Website and/or Application (“third-party”). Under no circumstances shall the Company, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website and/or Application, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Company knew of or ought to have known of the possibility of such damages.
Indemnity: You agree to indemnify, defend, and hold harmless The Company and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Application, the Content, or any website to which the Website and/or the Application is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website and/or the Application.
The Company authorizes you to access and use the Website and the Application and the Information Leaflets for your personal non-commercial use in Canada in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, the Application, their Content, and the Information Leaflets, are intended only for residents of Canada.
The Content of the Website and the Application, as well as the Information Leaflets available for download from the Website and the Application are for information purposes only. It does not replace the doctor-patient relationship between clinicians and their patients, and doctors waive any rights to sue Jesh Health Inc for any adverse outcomes they have from interaction with their patients.
Copyright: The Content of the Website and the Application for The Company and the Information Leaflets that can be obtained on subscription are protected by copyright law and are owned by The Company and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website, the Application, or the Content of the Website and/or the Application, whether in whole or in part, is prohibited without the express prior written consent of The Company.
Limited licence: Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive licence to access, view, and use the Website, the Application, and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you have a payment subscription for the Website and the Application and you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website and/or the Application. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence shall govern.
The trademarks used on the Website and the Application and the information leaflets are trademarks of the Company. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website and/or the Application may constitute registered or unregistered trademarks of the Company or third parties. While certain trademarks of third parties may be used by the Company under licence, the display of third-party trademarks on the Website and/or the Application should not be taken to imply any relationship or licence between the Company and the owner of the trademark or to imply that the Company endorses the wares, services, or business of the owner of the said trademark.
Registration: To use certain features of the Website and the Application, you may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your access to all or part of the Website and the Application. Access to the Content through the Application may only be done if you have registered for an account through the Website. The Company use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.
Passwords: You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name and Password. You agree to notify the Company immediately at support@jeshhealth.com of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from the Company’s failure or your failure to protect your Password or account information.
Modification to Website: The Company reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Company shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Modification to Application: The Company reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice to you. The Company owner shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Application or any part thereof.
Governing law and jurisdiction: The Website and the Application are operated by the Company from its offices within the province of Ontario, Canada. You agree that all matters relating to your access or use of the Website, the Application, and the Content shall be governed by the laws of the province or territory of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the Website, the Application, , the Content, and the Information Leaflets as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Ontario and of Canada.
Severability: The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Questions/comments: Questions or comments regarding the Website and/or the Application should be directed by email to support@jeshhealth.com.
Termination: The Company may, in its sole discretion, cancel or terminate your right to use the Website, the Application, and the Information Leaflet resources, or any part of the Website and the Application, at any time without notice. In the event of termination, you are no longer authorized to access the Website and the Application, or download the information leaflets or continue to use the Information Leaflets in your clinical practice. The restrictions imposed on you with respect to material downloaded from the Website and/or the Application, and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Company shall not be liable to any party for such termination. Clinicians that are subscribing to the Information Leaflets and titles may only use the titles as long as they maintain subscription to the Company products that they are using.
Entire Agreement: This is the entire Agreement between you and the Company relating to your access and use of the Website and/or the Application.