Terms and Conditions
Last updated: April 28, 2021
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.profescan.ca website (the “Service”) operated by Profescan (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Profescan and its licensors. The Service is protected by copyright, trademark, and other laws of both the Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Profescan.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Profescan.
Profescan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Profescan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Some parts of the Service are paid
Promoting professional profiles: This is a one month service. You will be charged for one month in advance. After one month, your promotion will expire. You can renew for another one month at any time. You may manage your activation and renewal through the self-service tool from ‘My account’, or directly from your profile page, or by contacting Profescan at https://profescan.ca/contact-us/, or by email at email@example.com
All-Inclusive VIP service: This is a month-to-month service, paid in advance. You can opt out at any time before the start of a new billing cycle, no obligations, no penalties. You will be charged in advance for a one month period. At the end of the one month cycle, you can renew your service for another month, otherwise your listing stays published, but it will be automatically downgraded to the Free Plan. You may manage your activation and renewal by contacting Profescan at https://profescan.ca/contact-us/, or by email at firstname.lastname@example.org
Clickable banner Ads: This is a month-to-month service, paid in advance. You can opt out at any time before the start of a new billing cycle, no obligations, no penalties. You will be charged in advance for a one month period. At the end of the one month cycle, you can renew your service for another month, otherwise your banner Ad will be removed. You may manage this service by contacting Profescan at https://profescan.ca/contact-us/, or by email at email@example.com
All-Inclusive VIP service and Clickable banner Ad package: This is a month-to-month service, paid in advance. You can opt out at any time before the start of a new billing cycle, no obligations, no penalties. You will be charged in advance for a one month period. At the end of the one month cycle, you can renew your service for another month, otherwise your banner Ad will be removed, and your professional profile will be automatically downgraded to the Free Plan. You may manage this service by contacting Profescan at https://profescan.ca/contact-us/, or by email at firstname.lastname@example.org
A valid payment method is required to process your payments. You shall provide accurate and complete billing information including full name, address, province, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Profescan to charge all fees incurred through your account to any such payment instruments.
ALL PAYMENTS ARE NON-REFUNDABLE
Profescan, in its sole discretion and at any time, may modify the listing fees. Any fee change will become effective immediately for new listings and renewals.
Profescan listings are non-refundable.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
We communicate with you by email. If you register a user account and/or publish a professional profile page on profescan.ca, or you subscribe to our newsletter via profescan.ca, you agree that we communicate with you by email.
We use Mailchimp Service for our communication with you. If you decide to opt out from our mialing list, you can do so by clicking ‘Unsubscribe’ at the bottom of any marketing email you receive from us, or by emailing us at email@example.com
Limitation Of Liability
In no event shall Profescan, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Profescan, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org