Terms of Service
Last revision: Oct 23, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE DATASTREAM WEBSITE OR APPLICATIONS.
The following Terms of Service govern and apply to your use of or reliance upon the website https://datastream.dev and the DataStream applications owned, operated, and maintained by Clockwork Venture Inc. (the “Platform”).
Your access or use of the Platform indicates that you have read, understand and agree to be bound by these Terms of Service and any other applicable laws, statutes and/or regulations. We may change these Terms of Service at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform will be considered your acceptance to the revised Terms of Service.
Only users who are at least fourteen (14) years of age are permitted to use this Platform or any services contained herein. Your access or use of this Platform indicates your representation that you are at least fourteen (14) years of age. We assume no responsibility or liability for any misrepresentation of your age.
Nothing in these Terms of Service may be interpreted as granting any license of intellectual property rights to you. Any and all use of the Platform and the Company Materials is non exclusive and non transferable by the user.
All intellectual property forming part of the Platform is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Platform, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Platform including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Platform or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Platform and the services offered on the Platform.
ACCOUNT AND ACCOUNT USE
If your use of the Platform requires an account identifying you as a user of the Platform (an “Account”):
a) You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) You agree to provide true, current, accurate and complete information as requested by us from time to time in relation to your use of the Platform, and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
You agree not to use the Platform for any unlawful purpose or in any unlawful manner, or any purpose prohibited under this clause. You agree not to use the Platform in any way that could damage the Platform, the services, reputation, interests, or the general business of DataStream.
You further agree not to use and/or access the Platform:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of DataStream or another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
PROTECTION OF PRIVACY
Through your use of the Platform, you may provide us with certain information. By using the Platform, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Platform, we may also receive information from external applications you use to access our Platform, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our Platform, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will remove all of your personal information from the Platform within 1 year of the date of the notification, but we will retain anonymized records associated with your use of the Platform. The anonymized records will include an anonymous name and email, along with the date/time of any appointments that you have had facilitated through the Platform.
ASSUMPTION OF RISK
The Platform is provided for communication purposes only. You acknowledge and agree that any information posted on our Platform is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and DataStream. You further agree that your purchase of any products offered or advertised for sale through the Platform is at your own risk.
We do not assume responsibility or liability for any advice or other information given on or through the Platform. All professionals providing healthcare services or informational services using the Platform are independent, regulated health professionals (such as Therapists, Nurses, or Doctors) registered to provide healthcare in a Province or Territory of Canada. Clockwork Venture Inc. and DataStream are NOT healthcare providers. Providers using the Platform alone are responsible for the healthcare and informational services they provide through the Platform.
To the extent permitted by the law in the Province or Territory in which you reside, healthcare providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular healthcare provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Provider Practices.
REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer, disassemble, modify, or de-compile any code or software from or on the Platform;
b) Violate the security of the Platform through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. Recognizing and acknowledging that any failure to comply with the foregoing may cause DataStream irreparable damage for which other remedies may be inadequate, you agree that DataStream shall have the right to petition for injunctive or other equitable relief from a court of competent jurisdiction as may be necessary and appropriate to prevent any further unauthorized use, disclosure, or breach, by you in connection herewith or the Platform, and you shall not oppose such injunction on the grounds that an adequate remedy is available at law.
We are not responsible for the security of your Account or Content. Your use of the Platform is at your own risk.
You hereby agree to defend and indemnify DataStream, Clockwork Venture Inc., and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Platform, your breach of these Terms of Service, or your conduct or actions including breach violation or non-performance or of any wrongful act, neglect, action, omission or default by you or by anyone for whom in law you are responsible. We will select our own legal counsel and may participate in our own defence, if we wish to do so.
You are strictly prohibited from using the Platform or any of our services for illegal spam activities, including sending unsolicited emails, gathering email addresses or personal information of other users of the Platform or through the Platform.
THIRD-PARTY LINKS & CONTENT
We may occasionally post links on the Platform for third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Platform.
To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, the prior, effective version of these Terms of Service be considered enforceable and valid to the fullest extent.
We may need to interrupt access to the Platform to perform maintenance, repairs, replacements, upgrades, or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Platform, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Platform or our or any third party’s equipment or network is impaired by your use of the Platform, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Platform, or you have been or are in breach of any term or condition of these Terms of Service. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to or use of the Platform.
Your use of the Platform is at your sole and absolute risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform will meet your needs or that the Platform will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. Nor are we responsible for any damage or loss that may occur to you, through your computer system, or as a result of loss of your data from your use of the Platform.
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Platform are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
LIMITATION OF LIABILITY
Clockwork Venture Inc. and it’s affiliates are not liable for any damages that may occur to you as a result of your access or use of the Platform, to the fullest extent permitted by law. Notwithstanding anything else to the contrary, in no event shall DataStream be liable to you for damages in relation to your use or access to the Platform or any other matter in relation thereto, for an aggregate amount in excess of one hundred ($100) Canadian Dollars or the amount you paid to DataStream in the last six (6) months, whichever is higher. This applies to any and all claims by you, your heirs, executors, administrators, successors or assigns, including, but not limited to, direct or indirect, consequential, incidental, punitive or other damages including for lost profits or revenues or data regardless of the cause of such damages whether arising in contract (including fundamental breach), tort (including negligence) or otherwise (including strict liability or fraud).
CHOICE OF LAW AND ATTORNMENT
This agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick, without reference to its conflicts of law principles, and the laws of Canada applicable therein. The parties agree that the courts of that province will have non-exclusive jurisdiction to determine all disputes and claims arising between the parties.