Terms & Conditions

Definitions

For the purposes of this Agreement, the following terms shall have the respective meanings set out below:

I. “Agreement” means this Terms and Conditions of Use Agreement;

II. “BrainFx” means BrainFx Inc.;

III. “BrainFx Website” means the BrainFx website located at: http://www.brainfx.com/;

IV. “BrainFx Website Content” means any and all of the contents of the BrainFx Website, including but not limited to, text, data, messages, graphics, images, logos, button icons, software, other BrainFx Website content, or any other similar material.

V. “Terms and Conditions” means the Terms and Conditions set forth in this Agreement;

VI. “User” means any individual accessing the BrainFx Website and includes you;

VII. “User Information” means information related to Users, including but not limited to, a User’s name, address, e-mail address or telephone number.

Application of Terms and Conditions

By using the BrainFx Website, you agree to be bound by, and comply with, these Terms and Conditions and all applicable laws. These Terms and Conditions are binding on you during and after your use of the BrainFx Website. BrainFx may revise these Terms and Conditions at any time without notice by updating this posting. You agree to visit the BrainFx Website regularly to review these Terms and Conditions. Your continued access to or use of the BrainFx Website indicates you agree with any such changes.

Use of Website Content

The BrainFx Website Content is protected under Canadian and foreign copyright, trade-mark and other laws. Unless expressly provided elsewhere in this Agreement, all BrainFx Website Content is the property of BrainFx and/or third party suppliers. Unauthorized use of the BrainFx Website Content may violate copyright, trade-mark and other laws. BrainFx may modify or remove any or all of the BrainFX Website Content at its sole discretion at any time and without notice.

 

BrainFx grants to you a non-exclusive, non-assignable and non-transferable, personal licence to view BrainFx Website Content. This is the grant of a licence and not a transfer of title. Unless expressly provided elsewhere in this Agreement, you may not:

a) sell, copy, or modify the BrainFx Website Content or reproduce, display, publicly perform, distribute, or otherwise use the BrainFx Website Content in any way for any purpose;

b) use or “mirror” the BrainFx Website Content on any other website or in a networked computer environment for any purpose;

c) copy or adapt the HTML code that BrainFX creates to generate any BrainFx Website Content; or

d) remove any copyright, trade-mark or other proprietary notation from anyBrainFx Website Content.

Other than the licence granted herein, these Terms and Conditions do not provide you with any other licence under BrainFx’s, or any other third party’s, intellectual property rights.

Acceptable Site Use

You agree not to, directly or indirectly:

a) delete or revise any BrainFx Website Content in any way whatsoever;

b) access data not intended for you or log into a server or account which you are not authorized to access;

c) attempt to probe, scan or test the vulnerability of any Company system or network or attempt to breach any Company system or network security or authentication measures;

d) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-licence, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use the BrainFx Website Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;

e) permit, allow or do anything that would infringe or otherwise prejudice the proprietary right of BrainFx or its licensors or allow any third party access to the BrainFx Website Content;

f) use any device, software, routine or action to interfere or attempt to interfere with the proper working of this BrainFx Website or any activity being conducted on this site;

g) send any form of unsolicited e-mail;

h) post any notice or advertisement, commercial or otherwise, or solicit business from Users.

User Information

When you register on the BrainFx Website, you will be asked to provide BrainFx with certain User Information. You agree to provide such User Information to BrainFx. BrainFx will not disclose to any third party your User Information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. You may access, correct and delete your own personal information stored by BrainFx.

Registration and Password

You are responsible for maintaining the confidentiality of your password. You shall not disclose to or share your password with any third parties or use your password for any unauthorized purpose you will be responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify BrainFx of any unauthorized use of your password.

Links to Other Sites

The BrainFx Website may contain links to third party websites. Other terms and conditions may apply to you at these third party websites. These third party links are provided solely as a convenience to you and not as an endorsement by BrainFx of the contents on such websites. BrainFx is not responsible for the content of linked third party websites nor does it make any representations regarding the content or accuracy of materials on such websites. BrainFx does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on third party websites. If you decide to access linked third party websites, you do so at your own risk.

Disclaimer

You acknowledge and agree that:

a) BrainFx Website Content may contain inaccuracies or typographical errors. BrainFx does not make any representations about the accuracy, reliability, completeness or timeliness of the BrainFx Website Content. The use of BrainFx Website Content is at your own risk;

b) BrainFx Website Content is provided for informational purposes only, should not be interpreted as medical advice or a recommendation for any specific product or service, use or course of action, and is not intended to be used as a substitute of any kind for professional medical advice;

c) all of the BrainFx Website and BrainFx Website Content are provided on an “AS IS” basis and that any use or reliance on this BrainFx Website or any of the BrainFx Website Content or shall be at your sole risk; and

d) BrainFx may prevent access to the BrainFx Website to any User at any time without any prior notice.

BRAINFX DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF BrainFX WEBSITE USE, COURSE OF PERFORMANCE OR COURSE OF DEALING. FOR GREATER CERTAINTY, BRAINFX DOES NOT WARRANT THAT THE BrainFX WEBSITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL BRAINFX OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE BRAINFX WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE BrainFX WEBSITE, THE BRAINFX WEBSITE CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, THEIR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF BRAINFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

Indemnity

You agree to defend, indemnify, and hold harmless BrainFx and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the BrainFx Website Content or your breach of these Terms and Conditions. BrainFx shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding

Jurisdiction

This Agreement is governed by the laws of the Province of Ontario, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the provincial or federal Courts within Toronto, Ontario.

Severability

If any provision of these Terms and Conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa.

Violation of Terms and Conditions

Upon any breach by you of these Terms and Conditions, BrainFx reserves the right, at its sole discretion, to pursue any or all of its legal and equitable remedies against you, including but not limited to, the immediate termination of your access to the BrainFx Website. Any termination by BrainFx shall be in addition to and without prejudice to such rights and remedies as may be available to BrainFx, including injunction and other equitable remedies.

Except as expressly provided elsewhere in this Agreement, these Terms and Conditions constitute the entire agreement between you and BrainFx with respect to the use of the BrainFx Website. The disclaimers, limitations on liability, ownership, termination, interpretation, your licence and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Choice of Language

By accepting these Terms and Conditions in the English language, each User declares that it is its wish that this document and the documents related to it be in the English language only. En signant le version anglaise de cette conditions générales, chaque User declare vouloir que ce document et ceux qui s’y rattachent, soient rédigés en langue anglaise seulement.

This Privacy Policy applies to your use of the BrainFx Platform which includes – but is not limited to – the BrainFx 360 software for mobile devices, the BrainFx Screen software for mobile devices, the BrainFx Platform Administrative websites and the BrainFx Corporate Website (located at [https://www.brainfx.com/]  and referred to within this Privacy Policy as the “Website”). These softwares, our services and our websites are collectively referred to within this Privacy Policy as “the Platform”.

Please note that the most up to date version of our Privacy Policy for the Platform may be located and viewed at any time at the “Website” with the direct web address for the Privacy Policy being: https://www.brainfx.com/privacy-policy/.

BrainFx Inc. is accountable for all personal information under its care and control.

Any questions or comments about this Privacy Policy or the handling by BrainFx of any personal information should be directed to our Privacy Officer who will take all appropriate measures to resolve any problem or to answer any privacy-related questions.

The Privacy Officer can be reached at privacy@brainfx.com or by mail at:

Attention: Privacy Compliance Officer

BrainFx Inc.

1400 Bayly Street, Unit 13A

Pickering, Ontario L1W 3R2, Canada.

If a satisfactory answer has not been provided by such person, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Place de Ville, Tower B, 3rd Floor, Ottawa, Ontario, K1A 1H3, 1-800-282-1376. If BrainFx holds personal information which can be established to be inaccurate, reasonable steps will be taken to correct such information.

The right to access personal information is not absolute and access may be denied in one (1) or more of the following circumstances:

  • BrainFx is required or authorized by law to do so;
  • the information relates to existing or anticipated legal proceedings against an individual;
  • the granting of access would have an unreasonable impact on the privacy of others;
  • in order to protect the rights and/or property of BrainFx; or
  • in the event that the request is frivolous or vexatious.

If access is denied, BrainFx will explain the reason(s) behind such refusal, as applicable.

If you contact us by email through one of our websites or other communication channels as made available through the Platform, we may keep a record of your contact information and correspondence and may use your email address and any information that you provide to us in your message to respond to you.

Our collection, use and disclosure of your personal information is intended to:

  • confirm an individual is eligible to receive any products and services;
  • understand your needs and provide you an improved experience on the Platform;
  • protect against Platform errors, theft, damage and fraud; and
  • satisfy all legal, regulatory, processing or security requirements.

Unless identified in this Privacy Policy or otherwise as required by law, BrainFx will not provide your personal information to third parties in such a way that would disclose your identity.

While our Platform may contain links to external and/or third party websites; please be aware that we are not responsible for the practices or the content of such sites or the treatment of your personal information on those sites.

By using the Website, you expressly consent to the various collection, use and disclosure of your personal information as summarized in this Privacy Policy. In some cases, consent may be implied by using or not using checkboxes on digital software and website forms, electronically, orally or by your conduct, such as through the use of a product or service. We collect personal information by fair and lawful means. Should you choose, at any time, to withdraw your consent, you must immediately contact BrainFx’s Privacy Compliance Officer in writing.

If BrainFx wishes to make use of your personal information collected through its Website for a new purpose, it will seek your consent for such new purpose.

Limits for Collecting, Using, Disclosing and Retaining Personal Information

BrainFx, unless required or permitted by law, does not collect, use or disclose personal information except when it has obtained consent.

In all cases, BrainFx limits the amount and type of information collected to that which is necessary to meet the purposes described above. BrainFx undertakes to keep all personal information it collects strictly secure and confidential through the use of technology safeguards (such as password-protected computers and firewalls). Unfortunately, no data transmission over the Internet or by electronic mail can be guaranteed to be 100% secure and, as a result, BrainFx cannot and does not ensure or warrant the security of any information transmitted to us electronically.

The personal information we receive from you will be retained by us only as long as necessary in order to fulfill the purposes described in this Privacy Policy or as required by law.

This Privacy Policy is subject to Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) as well as any other privacy laws as may be applicable to your specific use of the Platform and thus, BrainFx reserves the right to change, modify, add, update or remove any portion of this Privacy Policy as may be necessary at any time, acting in its sole discretion. If we decide to make any changes to this Privacy Policy, we will post those changes to the Website at [https://www.brainfx.com/privacy-policy/], and such changes will be effective immediately upon posting; you are advised to check the Website on a regular basis for changes to the Privacy Policy.

Last Updated: June 10th, 2019.

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