M127 - Hero Default
Updated July 4, 2019. V2.2
00 - Typography
1. ACCEPTANCE OF CONDITIONS
HALEO offers to its Users services of education, screening, evaluation and treatment of certain sleep disorders (hereinafter the "Services").
3. ACCOUNT AND ELIGIBILITY
Some Services require you to register to obtain an account. By using the Services, you represent and warrant that (a) all information you submit to HALEO is true and correct; (b) you will maintain the accuracy of all such information; (c) you will comply with these Terms at all times; (d) you are 18 years of age or older; (e) your use of the Services does not violate any applicable law or regulation; (f) you will safeguard your account information and you will supervise and be totally responsible for any use of your Account by you and anyone other than you; and (g) you are fully and legally entitled to act and make a decision on behalf of any entity you represent. Your Account may be deleted without notice if we believe you are under the age of 18 or if you violate these terms.
These Terms will remain in full force and effect at all times while you use the Services and / or maintain your Account. These Terms will remain in effect even after the termination or expiration of your Account.
5. PAYMENT AND FEES
The User agrees to pay to HALEO the applicable fees for each Service that the User buys or uses, in accordance with the price and payment conditions presented by HALEO for this Service. In this case, you will be asked to provide a credit card to access HALEO’s Services and will be billed weekly until such time as you unsubscribe by informing our customer service team via the chat function in the application. All fees paid by you are non-refundable. Except as expressly provided in these Terms, you understand and agree that you will not receive any refund for unused Services. YOU EXPRESSLY WAIVE THE APPLICATION OF ARTICLES 2125 TO 2129 OF THE CIVIL CODE OF QUÉBEC.
6. PAYMENT DELAYS
Interest on any late payment of fees for the Services may be charged by applying the usual legal interest rate on overdue amounts of more than thirty (30) days, the usual legal rate plus ten percent (10%) on outstanding balances of more than sixty (30) days and the legal interest rate plus twenty percent (20%) on unpaid balances of more than sixty (60) days.
During the reporting period, HALEO grants the User a limited, non-exclusive, non-transferable, non-licensable and revocable license to use the Services under the terms and conditions set forth in these Terms. The User agrees that all rights, titles and interests relating to all intellectual property rights in the Services and all modifications, extensions, scripts and other derivative works of the Services provided or developed by HALEO are the exclusive property of HALEO or its licensors. All rights not granted to the User under these Terms remain exclusive to HALEO.
8. INTELLECTUAL PROPERTY
The Services may contain copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, videos, graphics, music and sound, and the full content of the Services, as a collective work protected by copyright. HALEO has copyright in the selection, coordination, arrangement and improvement of this content, as well as its own content. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or exploit in any way the content, in whole or in part. Except as expressly permitted by copyright law, no reproduction, redistribution, retransmission, publication or commercial exploitation of the downloaded material shall be permitted without the express permission of HALEO and the copyright owner. If copying, redistributing or publishing of copyrighted material is permitted by copyright, no change or deletion of the author's attribution, the legend of the trademark or the copyright notice is permitted.
9. YOUR CONTENT
The Services may allow you to submit, publish, post or upload content, including, but not limited to, text, files and other materials (together the "Content"). You retain ownership of your Content, but by uploading or entering it on any software, program or platform provided as part of the Services, you grant us a license to use, copy, reproduce, adapt, publish, transmit, host and display this Content for the purpose of (i) providing you with the Services and associated assistance and (ii) analyzing and improving the operation of the Services. We reserve the right to remove the Content from any software, program or platform provided as part of the Services which, in HALEO's sole discretion, violates the provisions of this Agreement or may otherwise be objectionable.
The User shall not: (i) decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces or interoperability of the Services or used by them by any means whatsoever; (ii) distribute viruses or other harmful or malicious computer code via or within the Services; (iii) engage in any conduct that disrupts or prevents the use and enjoyment by a third party of the Services; (iv) remove the product identification, copyright or other notices of the Services; (v) sell, rent, lend, assign, license, give access to or otherwise transfer or disclose the Services in whole or in part to any third party; (vi) use unauthorized modified versions of the Services, including but not limited to the purpose of preparing a similar or competitive product or service or for unauthorized access to the Services; or (vii) use the Services in a manner that is inconsistent with applicable local, federal / provincial and foreign laws, including, but not limited to, privacy, electronic communications and anti-spam legislation.
If HALEO discovers, in its absolute discretion, that there has been a breach of these Terms by the User, HALEO may terminate these Terms by sending to the User a "Notice of Termination" either by e-mail or by written notice specifying the nature of the breach in reasonable detail and HALEO’s intention to terminate. If the breach has not been resolved to the satisfaction of HALEO within forty-eight (48) hours after delivery of the Notice of Termination, these Terms will automatically terminate. Such termination will not relieve the User of any of its obligations under these Conditions nor grant the User the reimbursement of the payments previously made.
In the event of termination of these Terms, the User will immediately stop using the Services. Notwithstanding the preceding sentence, the termination by HALEO of these Terms will not limit the User's obligation to pay all applicable fees, nor will it prevent HALEO from pursuing any other remedies available to the Company. Termination of these Terms will not give the User any right to obtain reimbursement of the fees paid by the User. Any provision intended to survive the termination of these Terms shall survive such termination.
The User agrees that after termination of the User Account and / or use of the Services, HALEO may immediately deactivate the User Account and delete the User's data. The User further undertakes that HALEO is not liable to the User, or to any third party, for the interruption of the User's access to the Services or the deletion of the User's data.
12. THIRD PARTY SERVICES
HALEO may, from time to time, recommend that you consider, use or activate third-party Internet applications, products, services or links (collectively, the "Third Party Services") and / or give you access to them. These Third Party Services are offered for convenience only and the purchase, access or use of such Third Party Services is solely for you and the applicable Third Party Service Provider ("Third Party Provider"). Any use you make of the Third Party Services offered through the Services or the HALEO Website is entirely at your discretion and is your sole responsibility. You are responsible for reading the applicable terms and / or privacy policies of these Third Party Services before using them. HALEO will not be liable for any direct, indirect, incidental, special, intangible, punitive, extraordinary, exemplary or other damages resulting from any Third Party Service or for your contractual relationship with a third party provider. These limits will apply even if HALEO has been informed of the possibility of such damages.
13. NO WARRANTY
HALEO WORKS TO PROTECT SERVICES AND KEEP THEM ERROR-FREE, BUT THE USER AGREES TO USE THE SERVICES AT ITS OWN RISK. HALEO PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY, EXPRESSLY STATED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, SPECIAL USE AND ABSENCE OF COUNTERFEITING. FURTHERMORE, NEITHER HALEO, NOR ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
14. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL HALEO OR ITS RESPECTIVE OR AFFILIATES SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF ENJOYMENT, LOSS OF DATA OR PROFITS IN THE COURSE OF ANY REMEDY OF ANY LIABILITY IN CONTRACT, EXTRACONTRACTUAL OR OTHERWISE IN CIVIL LIABILITY ARISING OUT OF THE USE OF THE SERVICES OR IN CONNECTION WITH SUCH USE OF THE SERVICES BY THE USER, EXCEPT IN THE EVENT OF INTENTIONAL FAILURE OR MISCONDUCT.
The User agrees to defend, indemnify and release HALEO, its affiliates and their respective directors, officers, employees and agents from all claims and expenses, including, but not limited to, attorneys' fees (collectively "Fees"), to the extent that such Costs are attributable to any breach by the User, of any representations, warranties or other obligations set forth in these Terms or arising out of the User's use of the Services.
16. INDEPENDENT STATUS OF THE PARTIES
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has the authority to bind the other in any way.
The fact that HALEO has not insisted on the full performance of any commitment described in these Terms or has not exercised any of the rights granted herein shall not be considered a waiver of such rights or the full execution of such a commitment in the future. Except as otherwise provided, any waiver by HALEO of any of the rights will not become effective unless it is documented in writing, and such waiver will only apply to the rights and circumstances expressly set forth in the waiver.
18. DIVISIBILITY AND FORCE MAJEURE
If one or more of the provisions of these Terms are found to be invalid, illegal or unenforceable by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions of these Terms shall not be affected. Neither party shall be deemed to be in default or be liable for any delay or failure to perform under these Terms (other than payment obligations) due to force majeure, fire, disaster accident, government act or shortage of materials or supplies, lack of transportation or lack of communication, or shortage of suppliers of goods or services, or any other cause to the extent that it escapes the reasonable control of that party. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior written, electronic or oral communications, statements, agreements or understandings between the parties.
19. REPRESENTATIONS AND WARRANTIES
The User represents and warrants that at present, and throughout his or her use of the Services, (i) the User is fully authorized to enter into these Terms and is fully authorized to use the Services, (ii) the User complies with and will continue to comply with all applicable laws and regulations with respect to its activities related to these Terms, including, but not limited to, privacy laws; and (iii) if the User imports, downloads or provides information in any software, program or platform provided as part of the Services, the User warrants that such information is properly collected and complies with all applicable laws and regulations. The User agrees to abide by all HALEO policies, rules and regulations relating to the use of the Services. Any violation of this article may result in loss of functionality for the User, including termination of the User's account. The User will compensate HALEO for all costs, penalties or damages incurred by HALEO as a result of the User's non-compliance with this article.
20. APPLICABLE LAW
These Terms must be interpreted in accordance with the laws applicable in the province of Quebec, Canada. The User agrees that any dispute or controversy arising from these Conditions or resulting from these Conditions shall be settled exclusively by arbitration in Montreal (Canada), in accordance with the Code of Civil Procedure of the Province of Quebec (CQLR c C- 25.01).