Terms and conditions of use
  1. Acceptance of the Website Terms and Conditions of Use

    1. GRASSROOTS CONSULTING INC ("Company,", “Grassroots”, "we," "us," "our") owns and operates https://www.icsreport.org (the “Website”) which we make available to assist users to connect with service providers (“Providers”). The Website assists users to connect with and book services for advice and consultation (among other things) with Providers as relating to health and wellness, including but not limited to the Coronavirus disease 2019 (COVID-19) and COVID-19 vaccines (collectively, the “Services”).

    2. These terms and conditions of use for the Website constitutes a legal agreement and is entered into by and between us and all visitors and users of the Website (“you”, “users”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and Services, on the Website.

    3. BY USING THE WEBSITE, SERVICES OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT HTTPS://WWW.ICSREPORT.ORG/PRIVACYPOLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS THE WEBSITE OR USE OUR SERVICES.

    4. By using the Website and/or Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access the Website or use the Services.

  2. Relationship with Users

    1. THE PARTIERS ACKNOWLEDGE, CONFIRM AND AGREE THAT GRASSROOTS ONLY CONNECTS USERS WITH PROVIDERS AND FACILITATES THE ABILITY FOR USERS TO RESERVE BOOKINGS WITH PROVIDERS AND PAY FOR SAID SERVICES. FOR GREATER CERTAINTY, GRASSROOTS IS NOT RESPONSIBLE FOR NOR DOES GRASSROOTS DIRECTLY PROVIDE MEDICAL ADVISE CONSULTATION OR OTHER SIMILAR SERVICES TO/FOR USERS NOR ARRANGE FOR THE PROVISION OF SUCH SERVICES BY A THIRD PARTY. FURTHER, GRASSROOTS IS NOT RESPONSIBLE FOR THE PROVISION OF SERVICES BY A PROVIDER NOR IS GRASSROOTS RESPONSIBLE FOR OVERSEEING OR APPROVING PROVIDERS OR THEIR EMPLOYEES, PREMISES OR SERVICES.

  3. Modifications to the Terms and Conditions and to the Software

    1. We reserve the right in our sole and absolute discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and/or Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

    2. The information and material on this Website, and the Services, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion without notice. We will not be liable if, for any reason, all or any part of the Website and/or Services is restricted to users or unavailable at any time or for any period of time.

  4. Use and Registration

    1. In order to use the Services, you must register for a user account (“Account”) to book services provided through the Website (each, a “Booking”). If you register for an Account, you agree: (a) to provide accurate, current and complete information as may be prompted by any registration forms (“Registration Data”); (b) to maintain the security and confidentiality of your password; (c) to maintain and promptly update the Registration Data as necessary to ensure it is up to date; and (d) that your registration is conditional upon your acceptance of the Terms and Conditions and that you will comply with the Terms and Conditions at all times. The safety and security of your information depends on you. Users are responsible for obtaining their own access to the Website and/or Services. Users are required to ensure that all persons who access the Website and/or Services through a user's internet connection, mobile device, or otherwise, are aware of these Terms and Conditions and comply with them. In order to register for an Account, you must be of the age of majority under applicable law.  Company reserves the right to amend its eligibility criteria at any time.

    2. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.

    3. We reserve the right at any time and from time to time, to disable or terminate your Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

    4. We cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information, including that contained in Registration Data, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Software.

    5. When registering with us or signing up for an Account, you may be asked to provide certain personal information, including personal health information. This information will be collected, used and disclosed in accordance with our Privacy Policy. Certain personal information that you choose to make available to other users may be published on your Account profile page. If you provide personal information of a third party, you agree that you have received consent from that party to provide the personal information in accordance with our Privacy Policy. We may update, revise or change our Privacy Policy from time to time and users are responsible for regularly reviewing the Privacy Policy to be informed of any such updates, revisions or changes. 

    6. Your provision of Registration Data and any submissions you make to the Website and/or Services through any functionality such as applications, message, profiles, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.icsreport.org/privacypolicy. We may update, revise or change our Privacy Policy from time to time and you are responsible for regularly reviewing the Privacy Policy to be informed of any such updates, revisions or changes. 

    7. Users are required to provide valid credit card information or other acceptable payment information to register for an Account (collectively known as “Billing Information”), which will be provided to our third-party payment processor (“Payment Processor”) and used for payment of fees owed under these Terms and Conditions for any Booking made through the Website and/or Servicers. Users shall promptly advise Company if their Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and you shall be liable for any failure to pay Fees (as defined herein) caused by out-of-date Billing Information.

  5. Security and User Restrictions

    1. You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling Service to users, Providers, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting our ability to monitor the Website; (e) using any robot, spider, or other automatic device, process, or means to access the Website and/or Services for any purpose, including monitoring or copying any of the material on the Website and/or Services; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Website and/or Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (h) otherwise attempting to interfere with the proper working of the Website and/or Services; (i) copy, modify, or create derivative works of the Website and/or Services, in whole or in part; (j) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website and/or Services, in whole or in part; (k) remove any proprietary notices from the Website and/or Services; or (l) use the Website and/or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

  6. Payment Terms

    1. There are no fees to register for an Account. However, we charge a fee, plus applicable taxes, to users for each half-hour Booking (“Fee”) as determined by the single doctors. Part of said Fee is for the use of the Company platform and processing services (which fee is included in the fee paid by the user at the time of Booking). The Company may, in its sole and absolute discretion, change any of the Fee(s) in accordance with the Terms and Conditions herein and as provided for in Section 3 of these Terms.

    2. Cancellation of a Booking may incur a cancellation fee. Users who cancel a Booking within forty-eight (48) hours of the appointment (by sending an email to icsreport@protonmail.com detailing doctor, date and time of Booking and the reason for cancelation) will be subject to a cancellation fee of fifty-percent (50%) of the cost of the Booking. Users who cancel a Booking within twenty-four (24) hours of the appointment will be subject to a late cancellation fee of on one hundred (100%) of the cost of the Booking. The late cancellation fee, (less the Fee) will be credited to the applicable Provider. If a Provider cancels a Booking, any fee paid by the user in relation to that Booking will be credited to the user. Notwithstanding the foregoing, any refund provided to a user upon cancellation shall be net (and therefore not include) any applicable Payment Processor service charges and/or any other third-party charges or fees. In order to use and/or make purchases through the Website and/or Services, we require users to provide approved Billing Information. Users hereby agree that all payments will be processed using our third-party Payment Processor, which may be located in a foreign jurisdiction as relating to such user, including but not limited to the United States of America, and that all such payments will be governed by the Payment Processor’s terms and conditions available at www.paypal.com, as well as the applicable laws of such foreign jurisdiction, or as otherwise published by the Payment Processor.

    3. Any Fees collected for Bookings made through the Website and/or Software are subject to federal, provincial/state, local, municipal and other applicable taxes (the “Taxes”) which will be determined by Company and added to the respective fees. We reserve the right to deduct Fees and any Taxes from payments made by users.

  1. Intellectual Property Rights and Ownership

    1. Subject to your compliance with these Terms and Conditions and your payment of any of Fees owed hereunder, Company grants you a non-transferable, non-exclusive, license to (a) access and use the Website and/or Services, and (b) download, install and use one copy of the Website and/or Services, as applicable, for your own use (the “License”). The Software is licensed to you and not sold. The License does not grant any ownership or security rights or title in any intellectual property right (including any moral rights) related to the Website and/or Services. Except as explicitly provided herein, nothing in the Terms and Conditions gives you a right to use the Company names, trademarks, logos or other distinctive brand features without our prior written consent. You have no right, title, or interest in or to the Website and/or Services or to any content on the Website and/or Services, and all rights not expressly granted are reserved by the Company. Any use of the Website and/or Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

    2. You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, arrangement, and the Services, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

    3. The Company name, trademarks, copyrights, intellectual property and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website and/or Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other applicable laws and could subject the infringer to legal action.

    4. You may only use the Website and/or Services for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Software, in any form or medium whatsoever.

  2. User Content

    1. As a condition of your access and use, you agree that you may use the Website and/or Services only for lawful purposes and in accordance with these Terms and Conditions.

    2. The following content standards apply to any and all content, material, and information a user submits, publishes, displays, or transmits (collectively, "submit") to the Website and/or Services, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, state, local, municipal, international, and other applicable laws, regulations, and terms of service. None of the User Submissions you submit to the Website and/or Services will be subject to any confidentiality by the Company. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Software

    3. Company does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Website and/or Services, including but not limited User Content. However, by providing any User Submission to the Website and/or Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

    4. Without limiting the foregoing, you warrant and agree that your use of the Website and/or Services and any User Submissions shall not:

      1. In any manner violate any applicable federal, provincial, state, local, municipal, international, or other applicable law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

      2. In any manner violate the terms of use of any third-party software or intellectual property that is linked to the Website and/or Services.

      3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.

      4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

      5. Involve, provide, or contribute any false, inaccurate, or misleading information.

      6. Impersonate or attempt to impersonate the Company, a Company employee, another user, a Provider, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

      7. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website and/or Services, or which, as determined by us in our sole discretion, may harm the Company or users of the Website and/or Services or expose them to liability.

      8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

      9. Transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers/information.

      10. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

      11. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

    5. You may choose to or we may invite you to submit comments or ideas about the Website and/or Services, including but not limited to, about how to improve the Website or our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.

  3. Site Monitoring and Enforcement, Suspension, and Termination

    1. Company has the right, without provision of notice to:

      1. Remove or refuse to post on the Website and/or Services any User Submissions for any or no reason in our sole discretion.

      2. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Services and User Submissions and Website Content Standards or Terms and Conditions.

      3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website and/or Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and/or Services.

      4. Terminate or suspend your access to all or part of the Website and/or Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.

    2. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

    3. We may impose certain limitations on the use of the Website and/or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Website and/or Services. You agree to use the Website and/or Services only for purposes as permitted by these Terms and Conditions. Company reserves the right to modify or impose any limitations on the use of the Website and/or Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Website and/or Services at any time without any liability whatsoever. In using the Website and/or Services you shall not:

      1. intentionally or unintentionally violate any of these Terms and Conditions, or any federal, provincial, state, local, municipal, international, or other applicable law or regulation, or code, including without limitation using the capabilities of the Website and/or Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;

      2. license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Website and/or Services;

      3. upload, post, email, transmit or otherwise make available any material that:

        1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, regulation, code, or is otherwise objectionable;

        2. you do not have a right to make available under any law or under a contractual relationship;

        3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

        4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

        5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website and/or Services or that of any users or viewers of the Website and/or Services or that compromises a person’s privacy; or

        6. contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

    4. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website and/or Services;

    5. use our Website and/or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

    6. “stalk” or harass any other user of our Website and/or Services or collect or store any information about any other user other than for purposes of transacting with one another;

    7. register for more than one Account or register for an Account on behalf of an individual other than yourself;

    8. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

    9. use automated scripts to collect information or otherwise interact with the Website and/or Services; or

    10. advocate, encourage, or assist any third party in doing any of the foregoing.

  4. Assumption of Risk; No Reliance

    1. As a user, upon registering an Account, you assume all risk of loss, liability or demand, including reasonable legal fees, whether suffered/claimed by you or suffered/claimed by a third party, relating to or arising from: (a) any User Submissions you create, submit, post, transmit, or otherwise make available through the Website and/or Services or receive therefrom; (b) your use of the Website and/or Services and Booking and/or other services related thereto; (c) any dealings between you and any persons to whom you send or otherwise transmit links or any content regarding using the Website and/or Services, including without limitation claims relating to misrepresentation; (d) any violation by you of these Term and Conditions; (e) your violation of any rights of another, including any intellectual property rights or privacy rights; (f) your negligence of willful misconduct;  (g) your violation of any contract you enter into with another user or Provider; and (h) your use of the Services.

    2. As a user, you hereby expressly waive and release any and all claims which you (and your dependants, successors, beneficiaries, assigns, and heirs, as applicable), have or may in the future have against Company, its parent, subsidiaries and affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, harm, loss, death, or property damage arising out of or attributable to your use of the Website and/or Services, due to any cause whatsoever, including without limitation the negligence of Company or any other Releasee, breach of contract, or breach of any statutory, legal or other duty of care owing under liability legislation or otherwise. You covenant not to make or bring any such claim against Company or any other Releasee, and forever release and discharge Company and all other Releasees from liability under such claims. User acknowledges and confirms that its sole recourse (if any) for any and all damages, claims, losses (including injury, death and/or damage to property) or otherwise relating to or arising from the use of the Website and/or Services and retention of services from a Provider shall be against the said Provider.

    3. As a user, you acknowledge and confirm that you are aware and understand that using the Website, Services, Booking, and engaging with Provider(s) may involve many risks, dangers, and hazards, including but not limited to the risk of serious injury, harm, loss, death, or property damage. You acknowledge that you are voluntarily engaging with Company and Provider(s). You freely accept and fully assume any and all of the risks, dangers, and hazards involved and the possibility of injury, harm, loss, death, or property damage, whether caused by the negligence of the Company, Provider(s) or otherwise. You acknowledge that Company shall not be responsible or liable, in law or in equity, for any injury, harm, loss, death, or property damage that may result from your engagement with a Provider.

    4. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website and/or Services is accurate, complete, or up to date.

    5. This Website (and the Services) may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company.

    6. The obligations and covenants in this Section 10 shall survive the termination or expiration of these Terms and Conditions and/or your use of the Website and/or Services and continue indefinitely.

  5. Geographic Restrictions

    1. The owner of the Website and Services is based in Ontario, Canada. This Website and Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Website and/or Services from outside a jurisdiction where use is permitted, you do so at your own risk and you are responsible for compliance with applicable laws of your jurisdiction.

  6. Disclaimer of Warranties

    1. WE HAVE NO CONTROL OVER THE CONDUCT OF OUR USERS OR PROVIDERS OR THE TRUTH OR ACCURACY OF THE INFORMATION THAT THEY SHARE ON THE WEBSITE, SERVICES OR OTHERWISE. WE CANNOT GUARANTEE THE TRUE IDENTITY OF ANY INDIVIDUAL. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF ANY PERSON OR ENTITY YOU MAY CONTACT BY MEANS OF THE WEBSITE, SERVICES, OR OTHERWISE. ALL PROVIDERS ARE INDEPENDENT THIRD PARTIES. WE DO NOT ENDORSE ANY PERSONS WHO USE OR REGISTER FOR OUR SERVICES. USE OF THE WEBSITE AND/OR SERVICES ARE AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, HARM, DEATH OR PROPERTY DAMAGE, ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES OR CAUSED BY A PROVIDER.

    2. COMPANY ONLY CONNECTS USERS WITH PROVIDERS AND FACILITATES THE ABILITY FOR USERS TO BOOK AND ACQUIRE SERVICES WITH PROVIDERS AND PAY FOR SAID SERVICES. FOR GREATER CERTAINTY, COMPANY IS NOT RESPONSIBLE FOR, NOR DOES COMPANY DIRECTLY PROVIDE, ADVICE, CONSULTATIVE OR OTHER RELATED SERVICES (MEDICAL IN NATURE OR OTHERWISE) TO/FOR USERS.

    3. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THAT THE OPERATION OF THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND THOSE ARISING BY STATUTE, CODE, OR OTHERWISE IN LAW. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    4. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE AND/OR SERVICES OR THE SERVER THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    5. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FROM THE WEBSITE AND/OR SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND YOUR COMPUTER, PHONE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER/PHONE EQUIPMENT, COMPUTER/PHONE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL OR ON ANY SOFTWARE LINKED TO IT.

    6. ANY MATERIAL AND/OR USER SUBMISSIONS TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF INFORMATION AND/OR DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

  7. Limitation on Liability

    1. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE AND/OR SERVICES, (D) PERSONAL INJURY, HARM, PROPERTY DAMAGE OR DEATH OF ANY KIND WHATSOEVER SUFFERED OR INCURRED BY ANY PERSON ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE AND/OR SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO DEVICE OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR SERVICES, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS OR PROVIDERS WHOM YOU SEND OR TRANSMIT ANY CONTENT AND/OR INFORMATION TO USING THE WEBSITE. COMPANY SHALL NOT BE RESPONSIBLE FOR MONITORING PROVIDERS AND/OR ENSURING COMPLIANCE OF PROVIDERS WITH ANY APPLICABLE LAWS AND/OR SAFETY STANDARDS, REGULATIONS, CODES, OR PROVISIONS.

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY FOR ANY DAMAGES INCURRED BY ANY PERSON FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) ONE HUNDRED CANADIAN DOLLARS ($100.00) OR (B) ALL COMPANY FEES (IF ANY) PAID BY THE RELEVANT USER (IF APPLICABLE) IN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY TO YOU.

  8. Indemnification

    1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, shareholders, members, employees, agents, licensors, suppliers, successors, and assigns from and against any actions, claims, liabilities, damages, judgments, awards, losses, costs, penalties, expenses, fees (including legal fees), or otherwise arising out of or relating to: (i) your breach of these Terms and Conditions; (ii) any content or information you create, submit, post, transmit, or otherwise make available through the Website and/or Services; (iii) your violation of any rights of another, including any intellectual property rights or privacy rights; (iv) your negligence of willful misconduct;  (v) your use of the Website and/or Services, including, but not limited to, your User Submissions, third-party sites, any use of the Website and/or Services’ content, services, and products and any and all acts, omissions or otherwise of Provider(s). This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Services and continue indefinitely.

  9. Third-Party Content

    1. You acknowledge and agree that the Website may contain advertisements and content from both Providers and from other third parties. If you elect to have any dealings with anyone whose products or services or content may be advertised or otherwise provided on the Website and/or Services, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that Company shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

    2. The Website and Services may contain links to other websites that are not owned or controlled by Company. In no event shall any reference to any third party, advertisement, third-party product or service or content be construed as an approval or endorsement by Company of that third party, third-party product or service or content. Company is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or Services are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or Services of a link to any other website(s) or any advertisements does not imply that Company endorses or accepts any responsibility for the content or use of such websites, and you hereby release Company from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

  10. Governing Law and Choice of Forum

    1. The Website, Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

    2. In the event that a court of competent jurisdiction determines Section 15 is non-applicable, any action or proceeding arising out of or relating to this Website, Services and/or under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably attorns and submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  11. Arbitration

    1. Any controversy, dispute, disagreement or claim arising out of, relating to or in connection with these Terms and Conditions, the Website and/or Services, shall be finally and conclusively resolved by arbitration under the Rules of the ADR Institute of Canada. The following provisions shall govern any arbitration hereunder:

      1. The legal seat of arbitration shall be Toronto, Ontario, Canada.

      2. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by a judge of the Ontario Superior Court of Justice.

      3. The language of the arbitration and award shall be English.

      4. The parties shall equally share the fees of the arbitrator and the facility fees.

      5. The parties shall each bear their own legal costs and expenses of the arbitration.

      6. Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.

      7. The entire arbitration process, including but not limited to the decision of the arbitrator, shall be confidential.

  12. Waiver

    1. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  13. Severability

    1. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

  14. Entire Agreement

    1. The Terms and Conditions and our Privacy Policy and any other document referenced and/or annexed hereto shall constitute the sole and entire agreement between you and Company regarding the Website and/or Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

  1. Currency

    1. Unless otherwise stated, all references in these Terms and Conditions to dollar amounts, “dollars” or “$” are references to Canadian dollars.  

  2. Contact Us

    1. If you have any questions about these Terms and Conditions or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Website or Services, please contact us at: icsreport@protonmail.com.

Last Modified: December, 2021

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