Terms, Conditions and Medical Disclaimer

Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our DiabetesToGo.com’s use of cookies in accordance with the terms of DiabetesToGo.com’s privacy policy.

License to use website

Unless otherwise stated, DiabetesToGo.com and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without DiabetesToGo.com’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

No warranties 

This website is provided “as is” without any representations or warranties, express or implied.  DiabetesToGo.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, DiabetesToGo.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

DiabetesToGo.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if DiabetesToGo.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DiabetesToGo.com’s liability in respect of any:

l  death or personal injury caused by DiabetesToGo.com’s negligence;

l  fraud or fraudulent misrepresentation on the part of DiabetesToGo.com; or

l  matter which it would be illegal or unlawful for DiabetesToGo.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, DiabetesToGo.com has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against DiabetesToGo.com’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect DiabetesToGo.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as DiabetesToGo.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

For Jurisdictions that do not allow us to limit our liability:

Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party, which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Breaches of these terms and conditions

Without prejudice to DiabetesToGo.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, DiabetesToGo.com may take such action as DiabetesToGo.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

DiabetesToGo.com may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

DiabetesToGo.com may transfer, sub-contract or otherwise deal with DiabetesToGo.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, DiabetesToGo.com shall have the sole right to elect which provision remains in force.

Law and jurisdiction

This Agreement shall be governed by the laws in force in the Province of Ontario.  The offer and acceptance of this contract is deemed to have occurred in the Province of Ontario.

Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we update this page accordingly and post the date that it was last updated.  You must access this page each time you use our Service and read it if it has been updated since the last time you read it.  Your continued use of our Service shall constitute your acceptance of such changes.

 

Medical Disclaimer

No advice

This website contains general information about diabetes and other medical conditions and treatments.  The information is not advice, and should not be treated as such.

Limitation of warranties

The medical information on this website is provided “as is” without any representations or warranties, express or implied.  DiabetesToGo.com makes no representations or warranties in relation to the medical information on this website.

Without prejudice to the generality of the foregoing paragraph, DiabetesToGo.com does not warrant that:

  • the medical information on this website will be constantly available, or available at all; or
  • the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.