Last Updated: May 17, 2024
These Terms of Service govern your access to and use of Terra Medica SmartCare Technologies Inc. (“Terra Medica”, “we”, “us”, or “our”) website and services. Please read these Terms of Service carefully before accessing or using our services. By accessing or using the service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms of Service, then you must immediately cease your access to, or use of, any of our services.
Any new features or updates to our website or services that we may add from time to time shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our services following the posting of any changes constitutes acceptance of such changes.
You acknowledge that the provision of all applicable third party medical, cosmetic or other health or wellness service booked by you through the use of our services (each a “Patient Service”) shall solely be performed by such third party (the “Service Provider”), and that such Patient Services are subject to the following terms and conditions:
As an illustration, if you have booked a Patient Service for July 15 and you cancel such booking on July 12, you shall be entitled to a refund of 50% of the Service Fee paid.
By contracting with any Service Provider through our services, you agree to pay to the Service Provider applicable service fee with respect to such Patient Services (a “Service Fee”). The Service Fee will be paid by you to the clinic directly. In the event that such Service Fee cannot be processed, you shall not be entitled to receive any further Patient Services, and you release us from any associated liability, loss or damages with respect to any such delay in service.
You shall pay a service booking fee to us(the “Booking Fee“) in consideration for the facilitation, access and reservation of such Patient Services. The Booking Fee shall be charged as a commission of the Service Fee. The Booking Fee is exclusive of all sales tax, or other taxes, which are required under any applicable law or regulation..
Any request for a refund of any Service Fees shall be administered by the Service Provider on a case-by-case basis, requests for a refund based on any deficiency in service by a Service Provider may be made using the contact information set out below. Notwithstanding the foregoing, you acknowledge and agree that the Booking Fee is non-refundable and shall be fully earned by us on payment in consideration of sourcing the applicable Service Provider.
You acknowledge and agree that payments made by credit card, debit card, PayPal, cryptocurrency or certain other payment instruments may be processed by a third-party service provider, and you hereby authorize such provider to bill the credit card or other payment instrument under the terms of this Agreement. You shall be responsible for providing us with, and maintaining, valid and current payment information. In the event that any Booking Fee cannot be processed within five (5) business days of us providing you with notice that payment is overdue, in addition to all other available remedies, we may suspend or terminate your access to any of our services and you expressly release us from any loss of income or other damage that may result from such suspension of access.
The service and its original content, features, and functionality are and will remain the exclusive property of Terra Medica and its licensors. You further agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or any content provided through our services, without express written permission by us.
In the event that, either, at our request or by your own volition, you provide us with specific submissions, user feedback, Service Provider ratings and reviews (each a “Rating”), ideas, creative assets, suggestions, proposals, plans, or other materials, whether online, by email, by social media, by mail, or otherwise (collectively, “Submissions”), you agree that we shall be the sole exclusive owner of such Submission, and that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you send to us. You further agree to waive all moral rights associated with such Submission. We may, but have no obligation to, monitor, edit or remove Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable to our community standards or violates any party’s intellectual property or these Terms of Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party. You understand that your Submissions may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, you agree that in such jurisdictions, to the maximum extent permitted by law, to limit our liability for any and all claims, losses, costs, damages of any nature whatsoever shall not exceed the Service Fees payable by you to us hereunder.
You acknowledge that certain content made available via our services, including as provided by Service Providers, or through our Correspondence to you may include materials from third-parties, and that third-party links may direct you to third-party websites, including those of any applicable Service Provider, that are not affiliated with, nor endorsed by, us.
You acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of such third-party content and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services provided or made available by such third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully any such third-party’s policies and practices and make sure you completely understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.
Your submission of personal information through the use of any of our services, is governed by our Privacy Policy. the terms of which are incorporated into these Terms of Service by reference.
Terra Medica may communicate with users electronically, satisfying legal requirements for written communications.By creating an account, you agree that we, our affiliates, or any applicable Service Provider may send you commercial electronic messages (including email, SMS, or push notifications, where applicable) as part of the normal business operation of your use of the Service and to send you marketing and promotional messages about any of our products, or services. Where it may be impracticable (including for push notifications) to include an unsubscribe mechanism in certain commercial electronic messages, you may opt-out of receiving commercial electronic messages from us at any time by using the ‘unsubscribe’ button in our communications, or by contacting us at the addresses listed below. You also acknowledge that opting out of receiving electronic messages may impact your use of our services.
You agree to indemnify, defend and hold harmless Terra Medica and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any damage, loss, costs, expenses, claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of our services, any of our services or breach of these Terms of Service or the policies they incorporate by reference, or your violation of any law or the rights of any third-party.
We may terminate or suspend access to our services, or any part thereof, immediately without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Service, and you will remain liable for all liabilities due up to and including the date of termination.
The failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No amendment of these Terms of Service, or waiver of your obligations herein, shall be effective unless expressed in writing, and any waiver shall only apply to such specific facts.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The terms of the sections titled: Intellectual Property), Disclaimers and Limitation of Liability, and Indemnification shall survive the termination of these Terms of Service, for any reason.
These Terms of Service shall be governed by and construed in accordance with the laws of British Columbia (Canada), without regard to its conflict of law provisions.
In the event of a dispute, both parties agree to resolve the matter through binding arbitration in accordance with the laws of British Columbia, Canada. Claims must be brought within one year of the incident, and parties waive the right to participate in a class action lawsuit or class-wide arbitration.
You acknowledge and agree that Terms of Service, inclusive of our Privacy Policy and any other policies or operating rules posted by us on our website supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
The parties further agree that any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When changes are made, we will update the “Last Updated” date at the top of this document. We will try to provide at least 30 days’ notice before any new terms take effect.
For any questions about these Terms, please contact us at info@terramedica.ai.
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