Terms of Service

 

All services provided by Velo Mobile Health, Inc., to any type of registered members or visitors are subject to the following conditions. The usage of services means the acceptance of the following conditions, which determine the relation between Velo Mobile Health Inc., VeloSolutions, Inc.,  Pharmavida SA,  VDoctor patient messaging system, its service providers and the user.


  1. Change and modification of the provisions or terms or conditions Velo Mobile Health VDoctor reserves the right to change and / or modify and / or revise at any time and without any notice these terms and conditions, but is obligated to update the text on it's website for any changes or additions. If users continue to use the websites and the provided service they will be deemed to have accepted the changes to the terms and conditions.

  2. User Registration

    We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a username that will be identified with your account. You will also be able to select a password to access your username. Your username and password are your credentials to give you access to the Services that Velo Mobile Health VDoctor Patient Messaging system provides. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a username that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any username that we determine in our discretion is unacceptable for use on our services.


  3. Your Responsibilities

    You are responsible for all activities under your account, including the use of your account and username by others. You are responsible for keeping your password confidential. You may use the Services for lawful purposes only. You may not submit or transmit through Velo Mobile Health VDoctor services any material, or otherwise engage in any conduct that:

    • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

    • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;

    • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • Impersonates any person, business or entity, including Velo Mobile Health VDoctor and its employees and agents;

    • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

    • Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

    • Violates these Terms of Service, guidelines or any policy posted on the Velo Mobile Health VDoctor websites, or

    • Interferes with the use of Velo Mobile Health VDoctor patient messaging services by others. You may not use the Velo Mobile Health VDoctor patient messaging services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Velo Mobile Health VDoctor services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.


  4. Termination

    We may cancel or suspend your registered user account or username at any time, without cause and/or without notice. We may terminate and/or suspend your account or username immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, if your account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled.


  5. Indemnification

    Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


  6. LIMITATION OF LIABILITY

    Velo Mobile Health, Inc. shall not be responsible or liable for any interruption, diminution, or failure of service, in whole or in part, and, in no event, shall be responsible or liable for any incidental or consequential damages incurred by any user of the Velo Mobile Health services. In addition, Velo Mobile Health shall not be responsible or liable for any interruption, diminution, or failure of service caused by any third party, including, but not limited to, any other carrier of a party's message traffic. Velo Mobile Health does not guarantee delivery of the messages only that it provides a good faith best effort to do so. The user understands that the final delivery of the message is dependent on many factors such as the handset being off, wrong number, and other uncontrollable network issues.


  7. Price Adjustments

    Velo Mobile Health VDoctor is not responsible for any price adjustments required by the telecommunications provider and is virtually forced to adjust as the pricing policy. All pricing is posted in the pricing section of the Velo Mobile Health patient messaging system and clearly indicated. All rate changes will be also be posted there.


  8. Electronic Contracting and Notices


    Your affirmative act of registering for a username and registering for any Service constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices). We can send you electronic Notices


    (1) to the e-mail address that you provided to us during registration,


    (2) to any e-mail account you open with a Service, or


    (3) by posting the Notice on the applicable Service.


    The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service


    In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser or a Linux based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.



  9. Entire Agreement

    This contract and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


  10. Assignment

    We may assign this contract at any time without notice to you. You may not assign this contract to any one else without our permission.


  11. Electronic Payment Options

    This Web Site incorporates an electronic payment option for the payment of services, events admission charges and for other products and services as well as a number of on-line restricted-access forums for use by Velo Mobile Health VDoctor members. The provision by us and the use by you of the electronic payment option on this Web Site are subject to both these terms of use and the Electronic Payment Terms of Use. The provision by us and the use by you of any of the restricted access forums on this Web Site are subject to both these terms of use and the Restricted Access Forums Terms of Use.


  12. Copyright And Trade Marks

    Unless otherwise indicated, intellectual property in all materials, documents, information, data, images, logos and trademarks that we provide to you or which are contained on the Web Site is owned by or licensed to all rights and us are reserved. Except as required for the purpose of using the Web Site, or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Web Site (or any related documents or materials) without our prior written consent. You must not use any trademarks, service marks or logos, which appear or are used on the Web Site (or any related documents or materials), or do anything to prejudice the rights of the owner or licensee of such trademarks, services marks or logos.


  13.  Notices

    All notices, demands, requests and other communications required or permitted hereunder shall be in writing and shall be deemed to be delivered on the earlier of: (a) the date of actual receipt; (b) three days after the date of mailing, by first class mail, duly addressed and with proper postage to the last known place of business of either party; or (c) the day after being sent via a nationally recognized overnight courier service such as Federal Express.  Notices will be delivered as follows:


    Legal Department
    Velo Mobile Health, Inc.
    91 L'Amoreaux Drive, Unit 97
    Toronto, ON M1W2J8
    Canada
    Email: legal@velomobilehealth.com



  14. Governing Law

    The laws in force in Canada govern this agreement, and you submit to the non-exclusive jurisdiction of the courts of the country, and any courts in Europe, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this agreement or software or the Web Site.  Citizens of Guatemala will be subject to the jurisdiction of the Guatemala courts.  US citizens will be subject to US Laws based on the state of New York.