AYCOUTAY TERMS & CONDITIONS
Updated: February 22, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY AYCOUTAY PRODUCT. By accessing or using the Aycoutay mobile application, scanner, website, or any other related Aycoutay service (collectively, the “Platform”), on any phone, tablet, console, or other device (collectively “Device”), you are signifying that you have read, understood, and agree to be bound by these terms and conditions, and any other applicable law, whether or not you become a registered user of the Platform. Aycoutay may change these Terms and Conditions at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform will be considered your acceptance to the revised Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Platform.
In these Terms and Conditions, “Aycoutay” refers to Aycoutay Technologies Inc., a company incorporated and operating in Nova Scotia, with its head office at Halifax.
Information provided on or related to the Platform is subject to change. Aycoutay makes no representation or warranty that the information provided is accurate.
To access the Platform, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms and Conditions.
In order to use the Platform, you may be required to provide information about yourself including your name, e-mail address, and other personal information. You agree that any registration information you provide to Aycoutay will always be accurate, correct, and up to date. You will only be allowed to provide your own personal information, and not the information of others.
You may use the Platform for lawful purposes only. You will not post on the Platform anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Platform. This includes, but is not limited to, posting anything unlawful, obscene, libellous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the Terms and Conditions listed here may cause you to be removed from the Platform and/or for legal action to be taken by or on behalf of Aycoutay.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Platform account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Aycoutay is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
All intellectual property on the Platform (except for User Material, as defined below) (the “Intellectual Property”) is owned by Aycoutay or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks and trade names are owned, registered, or licensed by Aycoutay. All content on the Platform (except User Material, as defined below), including but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content (the “Content”) is property of Aycoutay and is protected under copyright and other applicable Canadian and foreign laws.
You may not use in any format whatsoever any of the Platform Content or the Intellectual Property, in whole or in part without Aycoutay’s prior written consent or as provided in these Terms and Conditions. Any use of the Content and Intellectual Property not expressly permitted in these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright and other laws. Any copyright or other legal infringement may result in legal action taken on behalf of Aycoutay.
Unless expressly provided otherwise by Aycoutay, all comments, feedback, information or materials submitted to Aycoutay through or in association with the Platform (“User Material”) will be considered non-confidential and Aycoutay’s property. By submitting such User Material to Aycoutay, you agree to a no-charge assignment to Aycoutay of all worldwide rights, title and interest in copyrights and other intellectual property rights to the User Material. Aycoutay will be free to use, copy, or distribute such User Material on an unrestricted basis without accounting to you.
Aycoutay authorizes you to view, print, copy, and distribute materials on the Platform provided that:
- a. the information is used internally by you only for informational, non-commercial purposes,
- b. no fee may be charged for distribution of any information to any third party, and
- c. any and all copyright or other proprietary notices that appear herein together with these Terms and Conditions, must appear on any copies that you make.
PHYSICAL ACTIVITY AND NUTRITIONAL NOTICE
The Platform may include features that promote physical activity and nutritional recommendations. Consider the risks involved and consult with your medical professional before engaging in any physical activity or changes to your nutritional intake. Aycoutay is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of this Platform.
NO MEDICAL OR HEALTH CARE ADVICE PROVIDED
Aycoutay does not provide medical or health care advice on the Platform. The content on the Platform is not a substitute for professional medical advice, diagnosis or treatment. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON THE PLATFORM. Aycoutay can neither endorse nor recommend products, and information provided on the Platform is of a general nature for educational and informational purposes only. Reliance on any information provided by Aycoutay through the Platform is at your own risk. Aycoutay has not independently evaluated the safety or efficacy of any product offered by its suppliers. Statements made on the Platform may not have been evaluated by Health Canada or other governmental agencies in any country. If you think you may have a medical emergency call 911 or your local emergency number immediately.
The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Aycoutay’s Platform, you agree that Aycoutay may communicate with you by electronic means to your mobile Device and that certain information about your use of the Platform may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Any product, process, or technology published on the Platform may be the subject of intellectual property rights reserved by Aycoutay, its subsidiaries, or licensors, and are not licensed under these Terms and Conditions.
All information and Content provided via the Platform (collectively the “Information”) is intended for informational purposes only and is subject to change or withdrawal by Aycoutay at any time without notice. Aycoutay assumes no responsibility for the accuracy or completeness of the Information. Aycoutay cannot guarantee and does not promise any specific results from the use of the Platform. Aycoutay does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. THE INFORMATION AND PLATFORM ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-INFRINGEMENT. AYCOUTAY FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE PLATFORM OR THE INFORMATION PROVIDED THEREIN. Aycoutay does not make any warranties or representations regarding the use of the Platform or Information in terms of its correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain the Platform and the Information at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Aycoutay reserves the right to change any and all Information and other items used or contained in the Platform at any time without notice.
LIMITATION OF LIABILITY
IN NO EVENT WILL AYCOUTAY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE PLATFORM, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY OR PROPERTY DAMAGE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF AYCOUTAY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Aycoutay assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Platform or the Information. You assume total responsibility for your use of the Platform and the Information. Your only remedy against Aycoutay for use of the Platform or any Information is to stop using the Platform. That said, if Aycoutay is nonetheless liable to you for any damage or loss that is in any way connected with your use of this Platform, the Information or any Content, Aycoutay’s liability will not exceed $400.CDN.
The Platform may contain links to third party websites and resources. You acknowledge and agree that Aycoutay is not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Aycoutay. Unless otherwise stated, these Terms and Conditions only cover the use of the Platform. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that Aycoutay is not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold Aycoutay harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Platform or any Information. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent from Aycoutay.
Aycoutay reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Material, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Aycoutay also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. Your understand and agree that some of your User Material may continue to appear on the Platform or on other platforms even after your User Material is removed or your account terminated. These Terms and Conditions remain in effect even after your account is terminated. The Terms and Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability, and terms that by their nature may survive termination will survive any termination of these Terms and Conditions.
GOVERNING LAW; MEDIATION; VENUE
These Terms and Conditions will be construed in accordance with, and governed by, the laws of the Province of Nova Scotia, and of Canada, exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. THE EXCLUSIVE VENUE FOR ANY LEGAL PROCEEDING BASED ON OR ARISING OUT OF THESE TERMS AND CONDITIONS OR THE PLATFORM OR INFORMATION SHALL BE ARBITRATION UNDER THE COMMERCIAL ARBITRATION ACT (NOVA SCOTIA) IN HALIFAX, NOVA SCOTIA, AND ANY SUCH DECISION OR AWARD SHALL BE BINDING ON THE PARTIES , except that Aycoutay shall be free to enforce these terms in respect of intellectual property, personal or confidential information or wrongful use of the Platform or Information by you in any location reasonably connected to you. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and enure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By accessing or using the Platform, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Platform, from time to time, in which case we will post the revised Terms and Conditions on the Platform. By continuing to use the Platform after we post any such changes, you accept the new Terms and Conditions with the modifications