Terms & Conditions

Last Updated: Jan 2021

The following Terms of Use govern your access to and use of the Sigma HealthTech or SigMail website (the “Sites”). Both Sigma HealthTech and SigMail website are operated by Sigma HealthTech Inc, a Canadian entity (“Sigma,” “we,” “us” or “our”). By using these websites, you signify your acceptance of these Terms of Use. 

Age Limitation

The Sites are not intended for use by persons under the age of majority. By using the Sites, you warrant that you are above the age of majority.

Access to the Sites

You may access any part of the Sites that are not password protected. You may access any part of the Sites that are password protected if you have a valid and active User ID and Password and have been authorized by us to do so. You are responsible for maintaining the confidentiality of your User ID and Password, and you are solely responsible for all activities that occur in relation to your User ID and Password. If you suspect unauthorized use of your User ID and Password, or any other breach of security related to the Sites, please contact us immediately. Due to restrictions on health-related data some features and/or access may be limited to access from within Canada and the United States.

User Conduct

You agree that you will not, nor will you encourage or assist others to, use the Site in any manner that:

  •  Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
  •  Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
  •  Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  •  Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  •  Causes us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  •  Links to materials or other content, directly or indirectly, to which you do not have a right to link;
  •  Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Sigma in its sole discretion;
  •  Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
  •  Violates, or encourages anyone to violate these Terms of Use, any ancillary terms and conditions listed on the Site, or the Privacy Policy; or
  •  Violates, or encourages to violate, any applicable local, provincial/territorial, state, national, or international law, regulation, or order.

Copyright / Intellectual Property

The Sites in their entirety are copyrighted under Canadian law and protected by worldwide copyright laws and treaty provisions. Users of the Sites may download or print one copy of any and all materials on the Sites for personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on the Sites are provided for lawful purposes only. None of the information on the Sites may be copied, distributed or transmitted in any way for commercial use without our express written consent. We reserve full ownership of and intellectual property rights in any materials downloaded from the Sites.

Submissions to the Sites

Sigma welcomes your ideas, suggestions or materials (“Submissions”) through any means whatsoever. In offering a Submission, you grant Sigma and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, sell, disclose or publish the Submission for any purpose whatsoever (including developing and marketing products, services or content using the Submission). Sigma does not receive the Submission in confidence or under any confidential or fiduciary relationship. Sigma may use the Submission without any requirement to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submission. Sigma and/or one of its agents or partners reserves the right, but shall have no obligation, to investigate the Sites or your use of the Sites to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the Sites at any time without notice, in its sole discretion. Sigma also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.

Privacy Policy

We respect your privacy and have taken specific steps to protect it. Our privacy practices are governed by our Privacy Policy, which can be found on our site.

Third Party Links

The Sites may contain links to other websites. We are not responsible for the availability of these external websites, nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. If you have concerns about the privacy practices of these third-party websites, please refer to their privacy policies.

Disclaimer of Warranties

Information on the Sites are provided “as is” without warranty of any kind. We make no warranties or representations, either express or implied, and expressly disclaim any and all liability (including damages), in relation to the provision of the Site, except where and to the extent prohibited by law, which may include the province of Quebec. In addition, We do not represent or warrant that the Sites will always be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other destructive code will be transmitted or that no damage will occur to your computer system. You have sole responsibility for your data and/or equipment protection and backup and for taking reasonable and appropriate precautions.

Information on this Sites may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. Sigma has a policy of continuous improvement of products and reserves the right to make improvements or changes to products without notice.

Limitation of Liability

To the fullest extent permitted under law and save for the rights granted to consumers under applicable laws, which may include the province of Quebec, Sigma will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, or consequential (including any loss of data, revenue or profit or damages arising from personal injury/wrongful death) arising with respect to your use of the Site, even if Sigma has been advised of the possibility of such damages.

That being said, the aggregate liability of Sigma and its affiliates, officers, resellers, employees, agents, suppliers or licensors, relating to the Site will be limited to One Hundred Dollars ($100 Canadian Dollars). The limitations and exclusion also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Some jurisdictions limit or prohibit the foregoing limitations, and in such jurisdictions the foregoing limitations shall be applied to the maximum extent permitted by law.

Indemnification

You agree to indemnify, save, defend and hold harmless Sigma, and each party’s partners, parents, subsidiaries, affiliates, successors or assigns, and their directors, officers, employees, agents, representatives and third-party service providers from and against any and all claims, costs, expenses, demands, damages, lawsuits, fines, penalties and liabilities, including, without limitation, interest, penalties, court costs, and attorneys’ fees to the extent resulting or arising from any breach of these Terms of Use including but not limited to your fraudulent conduct or misuse of the Sites.

Governing Law

This Agreement is governed by the laws of your Province or Territory of residence and Canada.

Modifications

We reserve the right to modify these Terms of Use from time to time in accordance with applicable laws. In the event we make any amendments or modifications, we will update the “Last Updated” date above.

If you have questions or concerns about the Site or these Terms of Use, please contact us at:

Sigma HealthTech Inc

2910 South Sheridan Way Oakville, ON L6J 7L9

Email: info@sigmahealthtech.com

 

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