Terms of Use and Privacy Policy
As of November 26, 2015
1. Scope
1.1 This Web Site ("Web Site") is operated and provided by qualitycancertreatment.com, an unincorporated association and/or its affiliates in Canada. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE, as any use of this Web Site, including browsing on this Web Site, is subject to the legal terms and conditions outlined below (the “Terms of Use”). These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services, without prior notice. With log-in, or where a log-in is not required, in accessing or using the qualitycancertreatment.com Web Site, these Terms of Use are accepted in their then current version, and you agree to follow and be bound by them.
2. Services
2.1 The qualitycancertreatment.com Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2 Qualitycancertreatment.com may stop the operation of the qualitycancertreatment.com Web Site in full or in part at any time. Due to the nature of the internet and computer systems, qualitycancertreatment.com cannot accept any liability related to the continuous availability of qualitycancertreatment.com Web Site. Qualitycancertreatment.com is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
2.3 Qualitycancertreatment.com reserves the right to change or discontinue, temporarily or permanently, the Web Site and any products and services available on the Web Site, including but not limited to revising or deleting features or other information without prior notice to you.
2.4 The qualitycancertreatment.com Web Site does not provide medical advice of any kind. All content on the qualitycancertreatment.com website is for informational purposes only and may not be relied upon by you as medical or health care advice. You are advised to always seek the advice of a physician or other health practitioner in your area BEFORE taking any action from the qualitycancertreatment.com Web Site. Qualitycancertreatment.com and/or its affiliates are not responsible or liable for any failure to follow the foregoing advice.
3. Rights of Use for Content, Information, Software and Documentation
3.1 The use of any Content (as defined below), information, software, documentation or otherwise made available on or via this qualitycancertreatment.com Web Site is subject to these Terms of Use or, subject to the applicable license terms agreed to with qualitycancertreatment.com. Separately agreed to license terms shall prevail over these Terms of Use.
3.2 Qualitycancertreatment.com grants you a non-exclusive and non-transferable license, which may not be sublicensed, to use the Content, information, software and documentation made available to you on or via the qualitycancertreatment.com Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by qualitycancertreatment.com in making same available, provided that you shall use this Web Site for personal, non-commercial use only, and shall not remove any trademark, copyright or otherwise contained on this Web Site. Qualitycancertreatment.com may revoke this license at any time and without notice, for any reason including but not limited to breach of these Terms of Use.
3.3 The Content of this Web Site may not be distributed by you to any third party at any time nor may it be rented or in any other way made available for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content of this Web Site by the press or media or through any commercial network, cable or satellite system, or creating derivative works of the Content of this Web Site. Unless such is allowed by mandatory law, you shall not modify the Content of this Web Site nor shall you disassemble, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, decompile or make available to any person or otherwise use, either directly or indirectly, the Content of this Web Site or any part thereof by any means whatsoever.
3.4 All Content of this Web Site, including without limitation all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software and all organization and presentation or such content (the “Content”) is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. You shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the Content, software or documentation, or any copies thereof.
The copyright and trademarks with respect to some Content on this Web Site are owned by third parties. Nothing contained on this Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Web Site or any information displayed on the Web Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of qualitycancertreatment.com or the prior written permission from such third party that may own the trademark or copyright of information displayed on this Web Site.
4. Intellectual Property
4.1 Notwithstanding the particular provisions in Section 3 of these Terms of Use, information, brand names and other Content of the qualitycancertreatment.com Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of qualitycancertreatment.com.
4.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to you nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
5. Your Duties
5.1 In accessing or using the qualitycancertreatment.com Web Site you shall not:
• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and you shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
5.2 Qualitycancertreatment.com may deny access to the qualitycancertreatment.com Web Site at any time, in particular if you breach any obligation arising from these Terms of Use.
5.3 This Web Site is not intended to be used by children under the age of 18, or the age of majority in your jurisdiction. By registering on the qualitycancertreatment.com Web Site, you acknowledge and represent that you are an individual who is at least 18 years of age, or at least the age of majority in your jurisdiction.
6. Hyperlinks
The qualitycancertreatment.com Web Site may contain hyperlinks to the web pages of third parties. Qualitycancertreatment.com shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as qualitycancertreatment.com does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.
Qualitycancertreatment.com assumes no responsibility for the actions of third parties who provide services to users of this Web Site through their own third party web sites.
7. Data Privacy Protection
For collection, use and processing of personally identifiable data of the user of the qualitycancertreatment.com Web Site, qualitycancertreatment.com shall comply with applicable laws on data privacy protection and the qualitycancertreatment.com Privacy Policy which is available on this Web Site.
You have read the qualitycancertreatment.com Privacy Policy, the terms of which appear on qualitycancertreatment.com and are incorporated into these Terms of Use, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by qualitycancertreatment.com and/or third parties in accordance with the terms of and for the purposes set forth in the qualitycancertreatment.com Privacy Policy.
TERMS OF PURCHASE
8. Registration and Password
8.1 Some pages of the qualitycancertreatment.com Web Site may be password protected. In the interest of safety and security of any sale or any other transactions, only registered users may access any protected pages of the Web Site. Qualitycancertreatment.com reserves the right to deny registration to any user. Qualitycancertreatment.com particularly
reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Qualitycancertreatment.com is entitled, at any time and without obligation to give reasons, to deny you the right to access the password-protected area by blocking your User Data (as defined below), in particular if you:
• Use false data for the purpose of registration;
• Violate these Terms of Use or neglect your duty of care with regard to User Data; or
• Violate any applicable laws in the access to or use of the qualitycancertreatment.com Web Site.
8.2 Upon termination of a user account, qualitycancertreatment.com will remove all User Data and other stored personally identifiable data of the user as soon as the data is no longer required.
8.3 When you register with the qualitycancertreatment.com Web Site, if required, you shall give accurate information and, where such information changes over time, update such information (to the extent possible, online) without undue delay. You shall ensure that your e-mail address, as supplied to qualitycancertreatment.com, is current at all times and an address at which you can be contacted.
8.4 Upon registration may need to create a password, which together with your e-mail address, will comprise your "User Data". You shall keep your password confidential, and ensure it remains known only to you. The User Data allows you to view or change your User Data.
8.5 You shall ensure that User Data is not accessible by third parties and you are liable for all transactions and other activities carried out under your User Data. At the end of each online session, you shall log off from any password protected sections of the Web Site. If and to the extent you become aware that third parties are misusing your User Data you shall notify qualitycancertreatment.com thereof without undue delay in writing, or, as the case may be, by e-mail.
8.6 After receipt of the notice under paragraph 8.5, qualitycancertreatment.com will deny access to the password-protected area under such User Data. Your access to the Web Site will only be possible again upon your application to qualitycancertreatment.com or upon new registration.
8.7 At any time you may request termination of your registration with the qualitycancertreatment.com Web Site in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event, qualitycancertreatment.com will remove your User Data and other stored personally identifiable data related to you as soon as the data is no longer required.
GENERAL TERMS
9. Liability
9.1 This Web Site, its Content and the products and services available on this Web Site are provided on an “as is” and “as available” basis. Qualitycancertreatment.com expressly disclaims any conditions, representations and warranties, express or implied or statutory of any kind with respect to this Web Site, its uses and products and services offered on this Web Site, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy and freedom from computer viruses and other harmful content.
9.2 Insofar as any Content, information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
10. Other Liability, Indemnification, Viruses
10.1 In no event shall qualitycancertreatment.com, its affiliates, officers, directors, employees, agents, representatives, suppliers, content or service providers, or successors or assigns be liable, whether in contract, warranty, tort (including negligence - whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for damages of any kind (including, without limitation, direct, indirect, compensatory, special, exemplary, incidental, punitive or consequential damages) even if made aware of the possibility of such damages, arising out of or in connection with the use or inability to use, or results of use of, or performance of the Web Site, its Content, information or materials contained on the Web Site and/or any products or services available on the Web Site. If you are dissatisfied with this Web Site and the content thereon, or the Terms of Use, your sole and exclusive remedy is to discontinue use of this Web Site.
10.2 You agree to indemnify, defend and hold harmless qualitycancertreatment.com and its officers, directors, affiliates, employees, partners, agents, consultants, representatives and third party service providers from any and all claims, causesof action or demand, and liabilities, including but not limited to legal, accounting and other professional fees, incurred as a result of any violation of these Terms of Use, your use of the Web Site and any activity related to your account with qualitycancertreatment.com, including negligent or wrongful conduct, by you or any other person accessing the Web Site using your account or your User Data.
10.3 Although qualitycancertreatment.com makes every endeavor to keep the qualitycancertreatment.com Web Site free from viruses, qualitycancertreatment.com cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any Content, information, software or documentation. Qualitycancertreatment.com assumes no responsibility, and shall not be liable for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Web Site or your downloading of any materials, data, text, images, video or audio from this Web Site.
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
11.1 Any supplementary agreement requires the written form, and must be written by qualitycancertreatment.com.
11.2 The place of jurisdiction shall be London, Ontario, Canada.
11.3 The individual pages of the qualitycancertreatment.com Web Site are operated and administered by qualitycancertreatment.com and/or its affiliates. The pages comply with the law applicable in Canada. Qualitycancertreatment.com makes no representation that Content, information, software and/or documentation on thequalitycancertreatment.com Web Site are appropriate or available for viewing or downloading at locations outside such country. If you access the qualitycancertreatment.com Web Site from outside such country, you are exclusively responsible for compliance with all applicable local laws. Access to the qualitycancertreatment.com Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited.
11.4 These Terms of Use as well as the use of this Web Site, including any order or purchase made through this Web Site, shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, the laws of Ontario and the laws of Canada applicable herein, to the exclusion of its conflict of laws rules. By using this Web Site, you consent and submit to the exclusive jurisdiction of any court located within the City of London, Province of Ontario, Canada. All legal proceedings or disputes arising out of these Terms of Use and your use of this Web Site shall be resolved exclusively in a court in London, Ontario, Canada within one year of the time in which the events allegedly giving rise to such claim began, or your claim will be forever waived and barred. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms, and shall not affect the validity or enforceability of any remaining provisions. These Terms of Use, as updated and revised from time to time, together with the Privacy Policy, is the entire agreement between you and qualitycancertreatment.com relating to the subject matter herein.
Qualitycancertreatment.com may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
PRIVACY POLICY
Qualitycancertreatment.com’s Commitment to Data Privacy Protection
Protecting the security and privacy of your personal information is important to qualitycancertreatment.com, therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand what data qualitycancertreatment.com may collect, how qualitycancertreatment.com uses and safeguards that data and with whom we may share it.
Personal Information
Through the qualitycancertreatment.com Web Site (the “Web Site”), qualitycancertreatment.com will not collect any personal information about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it (e.g. by registration, survey), provide your consent, or unless otherwise permitted by applicable laws and regulations.
Purpose of Use
When you do provide us with personal information through the Web Site, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our relationship with you:
• We may store and process personal information and share it with our affiliates to better understand your needs and how we can improve our products and services; or
• We (or a third party on our behalf) may use personal information to contact you about a qualitycancertreatment.com offer in support of your needs or to conduct online surveys to understand better your needs.
If you choose not to have your personal information used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell your personal information to third parties.
Purpose Limitation
Qualitycancertreatment.com will collect, use or disclose personal information supplied by you online only for the purposes disclosed to you, unless the disclosure:
• is a use of the personal information for any additional purpose that is directly related to the original purpose for which the personal information was collected,
• is necessary to prepare, negotiate and perform a contract with you,
• is required by law or the competent governmental or judicial authorities,
• is necessary to establish or preserve a legal claim or defense, or
• is necessary to prevent fraud or other illegal activities, such as willful attacks on qualitycancertreatment.com’s information technology systems.
Non-Personal Information Collected Automatically
When you access our Web Sites, we may automatically (i.e., not by registration) collect non-personal information (e.g. type of Internet browser and operating system used, domain name of the Web Site from which you came, number of visits, average time spent on the site, pages viewed). We may use this information to monitor the attractiveness of our Web Site and improve its performance or content.
Communications or Utilization Data
Through your use of telecommunications services to access our Web Site, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal information. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.
Cookies
When you access the qualitycancertreatment.com Web Site, we may use a browser feature called a 'cookie' to collect information that is not personally identifiable (such as the type of Internet browser and operating system you use, the domain name of the Web Site from which you came, number of visits, average time spent on our Web Site, and pages viewed). A cookie is a small text file containing a unique identification number that identifies your browser, but not you, to our computers each time you visit one of our Web Sites that uses cookies. In addition to the identified purposes described in our Privacy Code, we may use this Web Site information and share it with our affiliates and other organizations with whom we have a commercial relationship to measure the use of our Web Site and to improve the functionality and content of the Web Site. If you wish, you can reset your browser either to notify you when you have received a cookie or refuse to accept cookies. However, if you refuse to accept cookies, you may not be able to use some of the features available on our Web Site.
Online Communications
In order to provide you with a product, service or information, you may voluntarily submit personal information to us for purposes such as registration, queries and correspondence, making a purchase, obtaining a quote or other information, and participating in contests and surveys. If you are known to qualitycancertreatment.com as a registered user of an online service, we may combine and store personal information about your use of our Web Site and the online information you have provided with certain other online and offline information we may have collected.
E-Mail Communications
Occasionally, we may send you e-mail communications with information that may be useful to you, including information about the products and services of qualitycancertreatment.com, its affiliates and other third parties with whom we have a commercial relationship. We will include instructions on how to unsubscribe and inform us of your preferences if you decide you do not want to receive any future marketing or promotional e-mails from qualitycancertreatment.com. However, if you are a customer, supplier or otherwise have a commercial relationship with qualitycancertreatment.com, to ensure that you receive important information, you agree that we may send you non-marketing related information when necessary.
Children
Our Web Site is not, and is not intended to be, used by children nor is it used to knowingly collect information from or market to children. Qualitycancertreatment.com encourages all parents and guardians to instruct children in the safe and responsible use of their personal information while using the Internet.
Links
Our Web Site may contain links to other web sites which are provided to you as a convenience only. You are advised that other third party web sites may have different privacy practices than qualitycancertreatment.com, and qualitycancertreatment.com has no responsibility for such third party web sites.
Security
To protect your personal information against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, qualitycancertreatment.com uses technical and organizational security measures.
Questions and Comments
Qualitycancertreatment.com will respond to reasonable requests to review your personal information and to correct, amend or delete any inaccuracies. If you have any questions or comments about the qualitycancertreatment.com Privacy Policy (e.g. to review and update your personal information), please contact us at [email protected].
Changes to the Privacy Code
Changes to our Privacy Code will be noted here so that you can be fully informed about our privacy policies and practices.