Review these Terms of Use carefully before using the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
These Terms of Use (“Terms of Use”) form a legal agreement between Cyglera Lifestyle Health & Wellness and you, the individual (“you” and “your”) concerning your access to, and use of the various health services offered through the Cyglera Website or Mobile Application (“Application”) (as defined below). Any use of the Cyglera Website or Application constitutes your acceptance of these Terms of Use.
Cyglera Lifestyle Health & Wellness on its own behalf and on behalf of its Cyglera. Website or Application collectively referred to as “Cyglera”, (“we”, “us”, or “our”), Cyglera makes certain telehealth related information available to you and/or facilitates your access to telehealth and healthcare services (“Cyglera Services”) that require you to create an account to use Cyglera Services.
By using the Cyglera Website and Application, you expressly agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all use of and access to Cyglera Website and Cyglera app.
Cyglera may at our sole discretion, without prior notice to you, revise, add or delete portions of these Terms of Use and update with the Effective Date as above. If you do not agree to the amended Terms of Use, your only remedy is to discontinue your use of the Cyglera Website or Application Services and you will be deemed to have terminated these Terms of Use. By accessing or using the Website and Cyglera Services after such modifications are posted you agree and consent to all such modifications.
We hereby grant to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services in accordance with these Terms of Use. You may access and use the Cyglera Services via remote access connectivity. To use the Services, you will be asked to register an account and create login information with username and passwords. You are responsibly required to take appropriate steps to safeguard your username and passwords. You must immediately notify Cyglera of any unauthorized use of your user account and or of any other breach of security that you become aware of involving and relating to the Website and/or Cyglera Services by email to contact@cyglera.com.
Cyglera Application’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telehealth Lifestyle Health and Wellness services. Cyglera is independent from healthcare providers who will be providing such telehealth services to you through the Cyglera Application and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. Each healthcare provider is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Cyglera does not engage in the practice of medicine or provide any other health services.
By registering on the Cyglera Application, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms of Use with Cyglera, (iii) the information you have provided to Cyglera in your user account is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Cyglera Website or Application, (v) you will not interfere with a third party’s use and enjoyment of the Cyglera Website Application, (vi) you will not interfere with or disrupt Cyglera’s or its vendors’ security measures, (vii) if any information you provide to Cyglera becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Cyglera, (viii) you acknowledge that access to the healthcare services provided through the app are not “insured services” under any state/Provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Cyglera or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Cyglera Services for yourself or a child under the age of eighteen for whom you are the legal guardian.
If you violate these Terms of Use, your ability to use the Cyglera Services will be terminated. Cyglera may, in its sole discretion, terminate your access to the Cyglera Services, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Cyglera may have available at law. Further, Cyglera shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Use by immediately ceasing to access and use the Cyglera Website and Cyglera app. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms of Use.
You by providing a credit card or other payment method accepted by Cyglera Services (“Payment Method”), are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services and Products, together with any applicable taxes.
You agree that authorizations to charge your Payment Method will remain in effect until you cancel it in writing, and you agree to notify Cyglera of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services and Products that correspond to consultation fees or your purchase of any Services and Products offered by Cyglera Services.
You acknowledge and agree that fees for Services and Products may increase at any time.
Cyglera is the sole and exclusive owner of the Cyglera Website and Cyglera Application, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Cyglera Website and Cyglera Application and any related materials and documentation. No title or ownership of the Cyglera Website and Cyglera Application or any portion thereof is transferred to you hereunder. Cyglera reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Cyglera Website and Cyglera Application.
You may provide input, comments, or suggestions regarding the Cyglera Website or Application or Cyglera Services (“Feedback”). You acknowledge and agree that Cyglera may use any Feedback without any obligation to you and you hereby grant Cyglera a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as Cyglera may deem appropriate, without restriction, for all commercial and or non-commercial purposes, in its sole discretion.
The Cyglera Website or Application may contain links to third-party websites. Linked sites are not under the control of Cyglera Lifestyle Health and Wellness, and Cyglera is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Cyglera endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites; these Terms do not apply to other websites. Cyglera disclaims all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Cyglera. Any views expressed by third parties on the Cyglera Website or Application are solely the views of such third party and Cyglera assumes no responsibility for the accuracy or veracity of any statement made by such third party.
You agree to defend, indemnify and hold Cyglera Website and/or Application, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Cyglera Party and collectively Cyglera Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms of Use; (b) access to or use of the Application and Websites; and (c) provision of other disclosure to Cyglera of any other information or data and the use of same by Cyglera as contemplated hereunder.
IN NO EVENT SHALL CYGLERA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CYGLERA WEBSITE OR APPLICATION PLATFORM OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cyglera shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Cyglera’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.
The Cyglera Website or Application are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Cyglera disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Cyglera does not warrant that the Cyglera Website or Application will be uninterrupted or error-free, that defects will be corrected or that the Cyglera Website or Application or the server that makes it available are free of viruses or other harmful components.
Cyglera makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Application for a particular purpose. Cyglera assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Cyglera Website or Application.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
These Terms of Use are governed by the laws of Province of Ontario. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
In these Terms of Use, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or any data about you that you elect to provide electronically through the Cyglera Website or Application and any other information that identifies who you are. Personal Information will be used by Cyglera solely in accordance with these Terms of Use, and Cyglera Privacy Policy (or as otherwise agreed upon between you and Cyglera in writing).
You agree that Cyglera has the right to monitor and review your use of the Cyglera Services from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Cookie Policy.
No delay or omission by Cyglera to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Cyglera must be in writing and signed by an authorized representative of Cyglera.
These Terms of Use constitute the entire agreement between you and Cyglera as it relates to the access to, and use of, the Cyglera Website or Application and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Cyglera and you.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with Cyglera’s prior written consent. Cyglera may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Cyglera under the Terms of Use, please contact Cyglera at: contact@cyglera.com.
Attn: Administrator