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Terms of use

1. ACCEPTANCE OF TERMS

Please read these terms and conditions (this “Agreement” or these “Terms”) carefully. By clicking “accepted and agreed to”, User agrees to be bound by the terms of this Agreement. This Agreement is effective when User clicks “Accepted and Agreed To” (the “Effective Date”).

These Terms constitute an agreement, which includes the privacy policy (“Privacy Policy”), by and between Domilia, a corporation whose principal place of business is in Montreal (Canada) (“Domilia” or “we”) and any user, corporation, partnership, sole proprietorship or other business entity executing this Agreement, and all or any employee, contractor, agent or affiliate of such business entity (together the “User” or “you”) that uses or accesses the Services (defined hereinafter). The Services are provided solely for the purpose of helping persons with a mobility impairment (the “Users”) find providers offering specialized products and home care services, nursing or paramedical services (the “Providers”), and for no further purpose.

Domilia reserves the right to update and change these Terms and the Services at any time. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you accept them. You can always review the last updated version of the Terms and our Privacy Policy by clicking the links available in the footer of our website.

2. SERVICES

Domilia offers its Users access to specialized product providers or professionals offering home care or other specialized care services for persons with a mobility impairment (hereinafter the “Services“). Domilia is in no way responsible for any information provided through the use of the Services and makes no representation as to the accuracy of such information. Providers are solely responsible for the information provided about their products or services in order to assist other Users in their use of the Services.

3. ACCOUNT & ELIGIBILITY

Certain of the Services require that you sign up for an account (your “Account”). By using the Services, you represent and warrant that (a) all information you submit to Domilia are truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) you are at least 18 years old; (e) your use of the Services does not violate any applicable law or regulation; (f) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you; (g) you are fully and legally entitled to act and make a decision on behalf of any entity you represent. Your Account may be deleted without notice if we believe you are under 18 years of age or if you violate these Terms.

4. TERM

This Agreement will remain in full force and effect while you use the Services and/or have a Domilia account (the “Term”). These Terms shall survive the termination or expiration of your Account.

5. PAYMENT & FEES

User agrees to pay to Domilia any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by Domilia for such Service. Where applicable, you will be billed and the payments shall be processed by credit card. Fees paid by you are non-refundable, except when required by law. Except as expressly provided in these Terms, you understand and agree that you will not receive any refund for unused Services.

6. CANCELLATION

You may cancel your account at any time by selecting the option through your account management page. After cancelling your account, this Agreement will terminate, except for your obligations towards Domilia under this Agreement or any other agreement entered into between you and Domilia, and the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “No Waiver”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law”.

7. LICENCE

During the Term, Domilia grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Domilia are owned exclusively by Domilia or its licensors. All rights not granted to User in this Agreement are reserved by Domilia.

8. LICENCE RESTRICTIONS

User shall not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (ii) distribute viruses or other harmful or malicious computer code via or into the Services; (iii) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (iv) remove any product identification, copyright or other notices from the Services; (v) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vi) use the Services for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (vii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (viii) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (ix) use the Services for any use other than User’s internal business use; (x) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xi) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. Domilia retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.

9. INTELLECTUAL PROPERTY

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. Domilia owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Domilia and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

10. YOUR CONTENT

The Services may allow you to submit, post, display or upload content including but not limited to text, files, photos and other materials (together the “Content”). You retain ownership of your Content, but by uploading or entering it onto any software, program or platform provided as part of the Services, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Services and associated support; and (ii) analyzing and improving the operation of the Services. We reserve the right to remove Content on any software, program or platform provided as part of the Services that Domilia, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. TERMINATION & SUSPENSION

In the event of breach of this Agreement by User, Domilia may terminate this Agreement by giving User written notice specifying the nature of the breach in reasonable detail and Domilia’s intention to terminate (a “Termination Notice“). If the breach has not been cured within the period ending forty eight (48) hours following delivery of the Termination Notice, then this Agreement shall automatically terminate.

Upon termination of this Agreement, User shall discontinue its use of the Services. Notwithstanding the previous sentence, termination of this Agreement by Domilia shall not limit User's obligation to pay all of the applicable fees, nor restrict Domilia from pursuing any other remedies available to it, including injunctive relief.

User agrees that following termination of User’s account and/or use of the Services, Domilia may immediately deactivate User’s account and delete User data. User further agrees that Domilia shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data.

12. THIRD PARTY SERVICES

Domilia may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and purchase, access, or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Domilia’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Under no circumstances shall Domilia be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Domilia has been advised of the possibility of such damages.

13. NO WARRANTY

DOMILIA WORKS TO KEEP THE SERVICES BUG-FREE AND SAFE BUT THE USER AGREES TO USE THE SERVICES AT USER’S OWN RISK. DOMILIA IS PROVIDING THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER DOMILIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

14. NO LIABILITY

IN NO EVENT SHALL DOMILIA OR ITS RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, OR ANY DAMAGES OR LOSS ARISING FROM THE PROPERTY MANAGEMENT SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER CIVIL LIABILITY ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY SOFTWARE, PROGRAM OR PLATFORM PROVIDED AS PART OF THE SERVICES EXCEPT IN THE CASE OF INTENTIONAL OR GROSS FAULT.

15. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Domilia, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.

16. INDEPENDENT STATUS OF THE PARTIES

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has the authority to bind the other in any way.

17. REPRESENTATIONS AND WARRANTIES

User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Domilia’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Domilia for any costs, fines or damages incurred by Domilia due to User's failure to comply with this section.

18. GOVERNING LAW

These Terms of Service shall be construed in accordance with the laws applicable in the province of Quebec, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by arbitration in Montreal (Canada), in accordance with the Code of civil procedure of the province of Quebec (CQLR c C-25.01).

19. SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS

If one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.

20. LANGUAGE

The parties hereto have expressly required that this Agreement be drafted in English.