Terms & Conditions

Last modified: Sept 13, 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

Welcome to the HomeHealthCheck application, owned and operated by HomeHealthCheck App Inc. (“HomeHealthCheck”, “we”, “us”, or “our”). These Terms and Conditions (these “Terms”) comprise a legally binding agreement (“Agreement”) between you (“you”, “your”, or “User”) and HomeHealthCheck that governs your access to and use of the HomeHealthCheck application (the “App”) and website (the “Website”) (collectively, the “Services”).

From time to time, HomeHealthCheck may amend or add to these Terms in its sole discretion. Any such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms to be aware of any such modifications and your continued use shall be your acceptance of the Terms.  The information and material on the Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services are restricted to users or unavailable at any time or for any period. HomeHealthCheck also reserves the right to alter the pricing structure of the Services at any time, by requiring, increasing, or altering the fees required to access the Services.

By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference, and our Privacy Policy, found at https://www.homehealthcheck.ca/privacy-policy/, incorporated herein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you must not access or use the Services.

By using the Services, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with HomeHealthCheck and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS.

• USE OF SERVICES

• Access. Throughout your subscription, we will provide you with a limited, nonexclusive, nontransferable, non-sublicensable license (the “License”) to access and use the Services and HomeHealthCheck Content as described in this Agreement. You must ensure that your access and use of the Services is subject to and in compliance with this Agreement. You will notify us promptly of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if you are using the Services illegally or if you violate these Terms.

• When you create an account through the App or the Website, you acknowledge that all personal information you provide to us through your account is up-to-date, accurate, and truthful and that you are responsible for updating your personal information if there are any changes.
• Third-Party Goods and Services. Our Services may feature goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties through our Services. In no event shall HomeHealthCheck be liable for the goods or services, or quality of goods and services, of third parties.
• Links to Other Websites. Our Website also contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our Website or through our App. You acknowledge that it is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these websites or services.

• PRIVACY POLICY

• Please refer to our Privacy Policy https://www.homehealthcheck.ca/privacy-policy/ for information about how we collect, use, and share information about you.

• User content

• User Content. Our Services have features that allow you to upload, submit, or post content, documents, information, images, logos, graphics, videos, or links (collectively, “User Content”). User Content is subject to these Terms. You hereby agree not to upload or post any User Content that is:

• abusive, illegal, defamatory, indecent, obscene, offensive, or threatening in any way;
• unrelated to the Services;
• violates anyone’s copyright, trademark, or other proprietary right;
• interferes with the privacy of another user;
• contains a virus or any other harmful components;
• contains false or misleading statements; or
• gives rise to any liability or violates any applicable local, provincial, state, federal, or international law or regulation.

• User’s Responsibilities. It is your responsibility when uploading, submitting, and/or posting User Content to ensure that you have all the necessary legal rights to upload, submit, or post User Content. We are under no obligation to separately review any User Content to check that you have the right to carry out such activities. We may remove User Content if it breaches these Terms or is otherwise illegal or infringes any third party’s rights without consultation or notification. We are not liable for User Content that you release, disclose, or otherwise make available to others either intentionally or erroneously. Any User Content that you release, disclose, or otherwise make available to others, whether intentionally or erroneously, shall be the responsibility of the user and the user shall not hold HomeHealthCheck liable for any such User Content that has been released, disclosed, or otherwise made available.

• User Content and Copyright. You are solely responsible for your use of the Services and for any User Content and User Confidential Information (as defined in this Agreement) that you provide, including compliance with applicable laws, rules, and regulations. You are solely responsible for monitoring the use of User Content and User Confidential Information you submit, post, or display. We are not liable for any User Content or User Confidential Information that you expose, whether purposefully or erroneously.

 You retain your rights to any User Content that you submit, post, or display using the Services. HomeHealthCheck does not claim that submitting, posting, or displaying User Content on or through the Services gives HomeHealthCheck any ownership or resale rights to your User Content.  You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for any User Content that you submit, post, or display on or through the Services. You agree that such User Content will not contain material subject to copyright or other proprietary rights unless you have necessary permission or are otherwise legally entitled to post the material.

• User Account Set-Up and Security. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depend on you. Users are responsible for obtaining their access to the Services. Users are required to ensure that all persons who access the Services through a User’s internet connection are aware of these Terms and comply with them. The Services, including content or access to areas of the App or Website, may require User registration. It is a condition of your use of the Services that all the information you provide on the App and Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App or Website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the App or Website.

Your provision of registration information and any submissions you make to the App or Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and any interactive functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take concerning such information consistent with our Privacy Policy, found at https://www.homehealthcheck.ca/privacy-policy/.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these terms and conditions.

You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing tcp/ip packet header; (e) disrupting network services and otherwise disrupting the App or Website owner’s ability to monitor the App or Website; (f) using any robot, spider, or other automatic device, process, or means to access the App or Website for any purpose, including monitoring or copying any of the material on the App or Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App or Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.

• INTELLECTUAL PROPERTY
• HomeHealthCheck Property. The Services and all content and other materials contained therein, including, without limitation, the HomeHealthCheck logo and all designs, images, text, graphics, pictures, information, data, documents, software, sound files, downloadable files, and anything that contributes to HomeHealthCheck’s Services (collectively, “HomeHealthCheck Content”) are the proprietary property of HomeHealthCheck or our affiliates, as applicable. Neither the execution of this Agreement nor the furnishing of any confidential information by you shall be construed as granting to you, by implication or otherwise, any interest, license, or right concerning HomeHealthCheck Content, including, without limitation, any intellectual property rights therein owned or controlled by HomeHealthCheck.
• This Agreement is for access to and use of the Services, and you are not granted a license to any software or HomeHealthCheck property by this Agreement. You acknowledge that HomeHealthCheck and its licensors shall remain the sole and exclusive owners of all rights, titles, and interests in and to the HomeHealthCheck property, including all copyright, trademarks, patents, trade secrets, and all other intellectual property rights or any other proprietary rights therein. You agree not to copy, rent, lease, sell, distribute, modify, or create derivative works based on the Services in whole or in part, by any means, except as expressly authorized in writing by us.

Notwithstanding anything to the contrary in these Terms, the Services and HomeHealthCheck Content may include software components provided by HomeHealthCheck or its affiliates or a third party that are subject to separate license terms. In such cases, those separate license terms will govern such software components.

HomeHealthCheck™, the HomeHealthCheck logo, and any HomeHealthCheck product or service names, logos, or slogans that may appear on the Services are trademarks and/or tradenames of HomeHealthCheck or our affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “HomeHealthCheck” or any other name, trademark product, or service name of HomeHealthCheck or our affiliates without our prior written permission. In addition, the look and feel of the Services and HomeHealthCheck Content, including, without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of HomeHealthCheck and must not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and HomeHealthCheck names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by HomeHealthCheck.

Any feedback you may provide to HomeHealthCheck in any form regarding the Services shall be the property and confidential information of HomeHealthCheck.  You expressly acknowledge HomeHealthCheck’s ownership of such feedback and HomeHealthCheck’s sole and exclusive right to develop, build, design, invent, and seek protection for any invention or any other intellectual property, as may be protected or protectable by any law or legal principle anywhere in the world, that may be based on or related to such feedback.  You expressly waive any rights you may have in such feedback, including moral rights, in favor of HomeHealthCheck.

• Personal Use. You may only use the Services for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, in any form or medium whatsoever except:

• your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
• a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from the Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

• User confidential information

• User Confidential Information. By its nature, the Services may handle your confidential information (“User Confidential Information”). In these Terms, User Confidential Information means User Content uploaded to your account. User Confidential Information shall not include your information which:

• HomeHealthCheck can show was in our possession before disclosure by you and is not subject to another obligation of secrecy and non-use;
• becomes available to HomeHealthCheck on a non-confidential basis from a source, that is not under obligations of confidentiality, other than you; or
• becomes part of the public domain through no fault, act, or omission by HomeHealthCheck.

You have the sole discretion to provide any User Confidential Information to HomeHealthCheck, except where providing User Confidential Information is required to meet the obligations in these Terms. Subject to Section 4, you will retain all rights, including intellectual property rights, in your User Confidential Information.

• Use of User Confidential Information. User Confidential Information shall be used by HomeHealthCheck only to carry out activities necessary for the access and use of the Services. You agree to take all necessary steps required to preserve the confidentiality of your User Confidential Information, including by protecting your HomeHealthCheck account credentials. HomeHealthCheck is not responsible for breaches of confidentiality relating to your User Confidential Information and caused by you.

• Notice of Disclosure. HomeHealthCheck will notify you in writing if we become aware of any unauthorized disclosure of User Confidential Information.

• User Account Security. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as User Confidential Information, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to these Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log in from your account at the end of each session. You are responsible for any password misuse or unauthorized access.

• DISCLAIMER and LIABILITY

• Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER HOMEHEALTHCHECK NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER HOMEHEALTHCHECK NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CAN AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE APP OR WEBSITE, OR ON ANY WEBSITE LINKED TO THE APP OR WEBSITE.

• No Indirect Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING IN THE CASE OF HOMEHEALTHCHECK CONCERNING LOST PROFITS OR SAVINGS OR BUSINESS INTERRUPTION OF ANY KIND OR NATURE WHATSOEVER SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION EVEN IF SUCH DAMAGES ARE FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Limitation of Liability. UNDER NO CIRCUMSTANCE WILL HOMEHEALTHCHECK NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES.

• INDEMNIFICATION

• You agree to indemnify, hold harmless, and, upon HomeHealthCheck’s request, defend HomeHealthCheck and its affiliates and their respective directors, officers, employees, shareholders, and agents from and against all third-party claims, actions, and demands, and all resulting liabilities, damages and losses of any type, expenses (including reasonable legal fees), settlements, or judgments suffered or incurred by such parties and that result from or arise out of: (i) the wilful misconduct of you in performing obligations or exercising your rights under this Agreement; and/or (ii) access or use of the Services by you (but exclusive of any claim or action to the extent attributable to HomeHealthCheck). The foregoing indemnity shall survive any termination or expiration of this Agreement.

• GENERAL TERMS

• Entire Agreement. This Agreement and the incorporated Privacy Policy constitute the entire agreement between the parties hereto about all the matters herein and supersedes all prior agreements, proposals, proof of concepts, understandings, letters of intent, negotiations, and discussions between the parties hereto, whether oral or written and may only be amended or modified by a written agreement executed by the authorized representatives of the parties hereto.

• This Agreement shall be exclusively governed by, construed, and interpreted by the laws of the Province of Ontario, Canada. For all legal proceedings, this Agreement shall be deemed to have been performed in the Province of Ontario, Canada, and the parties hereto expressly confirm that the law of the Province of Ontario is the proper law. The parties hereto irrevocably attorn to the exclusive jurisdiction of the Courts of the City of Ottawa in the Province of Ontario in respect of all matters and disputes arising hereunder.

• Compliance with Laws. Each party agrees to fully comply with all laws applicable to their respective obligations under this Agreement. You agree it is solely responsible to ensure that the access to, and use of, the Services by you, is in full compliance with all applicable laws.
• If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law.
• Force Majeure. No party shall be liable or responsible for any act of God, nature, or man or other act, circumstance, event, impediment, or occurrence beyond the control of such Party (each a “Force Majeure Event”), including without limitation acts of God, acts of civil or military authorities, acts, regulations, or laws of any government, insurrection, uprising, or acts of civil violence, acts of domestic or international terrorism, fire, explosion, strikes, lockouts, or labor disruptions however arising, power surges or outages, Internet or telecommunications outages lasting more than three (3) days, unscheduled bank closure or bank failure, epidemics, pandemics, and/or public health emergencies identified by public health officials as affecting any relevant location (including, without limitation, the pandemic known as coronavirus, COVID-19, or SARS-CoV-2), flood, tsunami, earthquakes, tornado, hurricane or tropical storm or other similarly classified storm, riot, or war. If we is affected by any Force Majeure Event, we will be excused from performance hereunder, and will not be in breach of or in default under this Agreement for any delay or failure in its performance, to the extent and for so long as its performance hereunder is prevented or restricted by a Force Majeure Event, and you will likewise be excused from performance of your obligations hereunder relating to such delayed or failed performance to the same extent and for the same duration. However, no Force Majeure will be cause for or excuse any delay in performing non-affected obligations (including payment for the Services by this Agreement). If you are unable to perform due to any such delay, HomeHealthCheck shall not be liable for any breach of this Agreement by HomeHealthCheck to the extent of your non-performance.

• Miscellaneous. These Terms constitute the entire agreement between you and HomeHealthCheck relating to your access to and use of the Services and HomeHealthCheck Content. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the proper consent of HomeHealthCheck. No decision of HomeHealthCheck about anything under these Terms shall bind HomeHealthCheck concerning any prior, concurrent, or subsequent circumstance. HomeHealthCheck’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

• Reporting and Contact. These Services are operated by HomeHealthCheck. Should you become aware of misuse of the Services including libelous or defamatory conduct, you must report it to HomeHealthCheck at info@homehealthcheck.ca. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@homehealthcheck.ca.

 

end of agreement