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TERMS OF USE

This Web Site, as defined below, is maintained by Nova care Plus inc. Content on this site may not be used for commercial benefit without expressed written consent of Nova care Plus inc.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. IF YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY AS THAT IS DEFINED IN YOUR JURISDICTION, WHICHEVER IS OLDER, TO USE THE WEB SITE IN ANY MANNER. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE REPRESENTING ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. YOUR ACCESS AND USE OF THE WEB SITE REPRESENTS YOUR WARRANTY TO NOVA CARE PLUS INC. THAT YOU WILL USE THE WEB SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.

 

As used herein, all references to "Web Site" may include, individually, all and/or in any combination, novacareplus.com, and/or http://novacareplus.com/, as well as other web sites operated by or on behalf of Nova Care Plus inc., and also includes mobile applications including but not limited to nova + mobile application. The Web Site is maintained by Nova Care Plus inc.. All references to "Nova Care Plus inc." made within these Terms of Use shall be references to and include Nova Care Plus inc., its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representative ("Nova Care Plus inc."). Nova Care Plus inc. is headquartered at 183 Heritage Place, Cornwall, Ontario K6J 5V7. The main telephone number is (613) 383-2380. Material from any Web Site owned, operated, licensed, or controlled by Nova Care Plus inc. may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The materials on this Web Site may not be used for commercial benefit without expressed written permission by Nova Care Plus inc.. Nova Care Plus inc. authorizes You to view and access a single copy of the content available on or from the Web Site solely for Your personal use. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms of Use and/or some other written agreement between You and Nova Care Plus inc., the use of any such material on any other website or networked computer environment is prohibited. This Web Site may contain other proprietary notices, trademark, and/or copyright information, the terms of which must be observed and followed. Information may be changed or updated without notice. Nova Care Plus inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

 

You may not use the Web Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Web Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the image of Nova Care Plus inc. or any other third party or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Nova Care Plus inc. will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (z) Nova Care Plus inc. obtain Your permission to use Your name; or (y) Nova Care Plus inc. first notify You that the materials or other information You submit to a particular part of this Web Site will be published or otherwise used with Your name on it; or (x) Nova Care Plus inc. are required to do so by law. If the Web Site is interactive, allowing you to upload and/or download content from the Web Site, you will be issued a personal user id and password, which will allow you, in accordance with these Terms of Use, access and use your account. We understand that the privacy and security of data that are maintained on the Web Site are important, and therefore, we use commercially reasonable security technology, features and policies to protect that privacy. However, please keep in mind that such records are only secure if You protect Your password and change Your password frequently.

When you upload and/or download information to or from the Web Site, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Nova Care Plus inc. cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to Your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.

 

It is Your responsibility to ensure that no unauthorized person shall have access to Your user id and password. It is Your sole responsibility to control access to and use of Your user account, and promptly inform Nova Care Plus inc. of any need to deactivate or change Your user id and/or password. Nova Care Plus inc. cannot and will not assume any responsibility or liability for any content submitted to Your account or any content that is used or misused whether submitted, used, or misused by You, Your designees, and/or other third parties. All Your acts and omissions and those of unauthorized users who access the Web Site via Your user id and password shall be deemed to be Your acts and omissions.

 

You hereby grant Nova Care Plus inc. , its employees, officers, directors and all other persons or entities involved in the operation of Nova Care Plus inc. , the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the content in your account for the purpose of providing services, operating the Web Site, or in order to carry out the legal responsibilities of Nova Care Plus inc. You understand, agree, consent and authorize Your content to be stored, entered, and maintained on the Web Site in accordance with these Terms of Use and Nova Care Plus inc. ’s relevant policies and procedures.

 

Regarding Your user id and password, You expressly agree (i) to maintain the security of Your users id, password, and other confidential information relating to Your account and/or the accounts which you have been granted access; (ii) to notify Nova Care Plus inc. as soon as reasonably practicable of any real or suspected unauthorized use of the users account; (iii) to notify Nova Care Plus inc. when You no longer require the use of Your user id and password; and (iv) to comply with instructions provided by Nova Care Plus inc. for using, maintaining, or correcting Your account.

 

Information Nova Care Plus inc. publishes on the World Wide Web may contain references or cross references to products, programs, and services that are not announced or available in Your country. Such references do not imply that Nova Care Plus inc. intends to announce such products, programs, or services in Your country. Consult Your local Nova Care Plus inc. business contact for information regarding the products, programs, and services that may be available to You.

 

Nova Care Plus inc. makes no representations whatsoever about any other web sites which You may access through this Web Site. When You access a non-Nova Care Plus inc. web site through this Web Site, please understand that it is independent from Nova Care Plus inc. , and that Nova Care Plus inc. has no control over the content on that web site. In addition, a link to a non-Nova Care Plus inc. Web site does not mean that Nova Care Plus inc. endorses or accepts any responsibility for the content, or the use, of such web site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Nothing on this Web Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by Nova Care Plus inc. in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Nova Care Plus inc. preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.

 

NOVA CARE PLUS INC. DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVA CARE PLUS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.

 

NOVA CARE PLUS INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE NOVA CARE PLUS INC. SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF NOVA CARE PLUS INC. IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.

 

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action You, any third-party, or Nova Care Plus inc. may bring to enforce these Terms of Use or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Cornwall, Ontario, and You expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that You and Nova Care Plus inc. have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services) by Nova Care Plus inc. to You, or by You to Nova Care Plus inc. , and such written agreement expressly contemplates the use of this Web Site, these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Nova Care Plus inc. .

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