Welcome to trusti™. These terms of use (the “Terms”) apply to products and services offered for sale by Trusti Diagnostics Inc. and its affiliates and subsidiaries (hereinafter collectively referred to as “trusti”, “we”, “us” and “our”) and govern your access to and use of any content, functionality, products sold through, and services offered on the Site (as defined below).
Please read these Terms carefully before using the Site or Services. Use of the Site or Services shall be construed as your acceptance of these Terms. If you do not understand the Terms, or do not agree with any part of these Terms or the practices in our Privacy Policy, or if you do not have authority to agree with these Terms, please do not access, interact with, or use the Site or the Services.
The web page located at www.trusti.ca and all linked pages therein together form the “Site”. When used herein, the term “Services” shall refer to any product, or service we make available to, or perform for, you through our Site, including any landing pages or informational pages found on our Site or in any communication we may send you.
By using or accessing the Site and/or Services, by any means, you acknowledge that you have read, understood and expressly agree to be bound by these Terms without limitation or qualification, which, together with our Privacy Policy, govern the relationship between you and trusti™ in relation to the Site and the Services.
trusti™ is constantly improving the Site to add functionality and make for a better user experience. We reserve the right to alter or withdraw access to the Site at any time without notice, including in order to make enhancements, comply with applicable law, or prevent illegal activity on the Site.As a result, we may revise these Terms from time to time. The most current version will always be available on the Site. You understand and agree that we may not notify you of revisions to these Terms, unless otherwise required by applicable laws, and we will assume no liability or responsibility to you for our failure or inability to do so for any reason, unless required by applicable laws. By continuing to access or use the Site or our Services, you agree to be bound by any such revised Terms. If you do not understand or agree to the revised Terms, please stop using the Site and Services.
You are not authorized to create an account or access or use the Site or our Services unless you are at least the age of majority in your jurisdiction (“Eligible”). By using the Site, you confirm that you are Eligible and have authority to enter into a binding contract with trusti™, either on your own behalf or as a guardian on behalf of a person who is not Eligible.If you are agreeing to these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, please do not access or use the Site or our Services.We do not intentionally collect information about or from persons who are not Eligible to use the Site. If we learn that we have collected information from such persons, we will promptly delete such information and access to our Site and Services will immediately cease.
Subject to compliance with these Terms, trusti™ hereby grants to you a revocable, non-exclusive, non-transferable, limited right to access and use the Site on any device, including the right to install and use software made available by or through trusti™ to enable you to access and use the Site on or from any device for which such use is permitted by trusti™. All rights, title and interest in and to the Site and if applicable, the Services, and their components shall remain with and belong exclusively to trusti™.
You shall not, and shall not allow any third party to, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site available to any third party; (b) use the Site or Services in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site or the Service, or their respective components; or (c) copy, modify, adapt or hack the Site or Services to, or otherwise attempt to, gain unauthorized access to the Site or its related systems or networks, or to sell the Services as its own. You agree not to access the Site by any means other than through the interface that is provided by trusti™ for use in accessing the Site.
Any rights not expressly granted herein are reserved and no license or right to use any trademark of trusti™ or any third party is granted to you in connection with the Site. You shall comply with any codes of conduct, policies or other notices trusti™ provides you or publishes in connection with the Site, and you shall promptly notify trusti™ if you learn of a security breach related to the Site, or any unauthorized use of logos, trademarks or other intellectual property of trusti™ by a third party.
As a condition of your access and use, you agree that you will use the Site only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you warrant and agree that your use of the Site shall not:
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you share, deliver, provide or otherwise transmit or store in connection with or relating to the Site or our Services (“Content”). You are responsible for maintaining the confidentiality of your login, password and account information, and for all activities that occur under your login or account.You understand that the operation of the Site may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to trusti™'s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site and to provide the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content. Unless otherwise specified in our Privacy Policy in relation to Personal Information (as such terms is defined therein), trusti™ will have no liability to you for any unauthorized access or use of any of your Content, or any corruption, deletion, destruction or loss of any of your Content.
Subject to these Terms, trusti™ may (but has no obligation to) provide technical support services, through email in accordance with our standard practice. trusti™ reserves the right to access your account in order to respond to your requests for technical support.
trusti™ is pending approval as a registered trademark of trusti™ in Canada. The mark “trusti” and other word marks, slogans, logos and trade names of trusti™ (collectively the “Trademarks”) may appear on the Site. The Trademarks are the sole ownership of trusti™ and may not be used by you in any manner whatsoever, especially in a manner that is likely to confuse consumers or to disparage or discredit trusti™. All other trademarks not owned by trusti™ or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by trusti™ or its affiliates.
Unless you are advised otherwise, everything you see or read on the Site is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to trusti™ and may not be used except as provided in these Terms without the written permission of trusti™. trusti™ reserves the right to enforce its intellectual property rights as, where and when applicable.
The Site and Services, including all material contained on the Site, are protected by copyright laws unless expressly indicated otherwise. The protected materials include but are not limited to text, graphics, photographs, videos, logos, buttons, icons, and images. Such material may not be used except as provided in these Terms without the express written permission of trusti™. Subject to the terms herein, trusti™ grants you a limited, revocable, non-transferable, and non-exclusive permission to access and use the Site only to display the Site on your Internet browser and to print or copy portions of the Site solely for your personal, non-commercial use, provided that you retain all copyright and other ownership notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, develop derivative works of, or otherwise use the contents of the Site for public or commercial purposes. This includes the use of any text, images, audio, and/or video without express written permission from trusti™. The images of people or places displayed on the Site are owned by trusti™ or used with permission from third party providers. The use of these images is prohibited unless expressly permitted in writing by trusti™ or through these Terms. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes, and may arise in a claim against you.
By submitting any feedback to trusti™ regarding the Site or our Services, you are granting trusti™ an irrevocable, perpetual, non-sublicensable, royalty-free license to use the feedback for its own promotional purposes on the Site and anywhere else in the world.
trusti™ MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SITE AND SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SITE OR SERVICES WILL BE ACCURATE.
Access to the Site may be interrupted occasionally and may not be error-free or bug-free. The availability of the Site depends on many factors, including some that are beyond trusti™'s control, such as your connection to the Internet and the compatibility of the technology you are using to access the Site and Services. trusti™ shall not be liable if you cannot use the Site for any reason beyond trusti™'s control.
Prices for our Services are as set forth on the Site. We reserve the right to change our prices at any time, but any Service ordered and paid for prior to the change in pricing, shall be subject to the pricing in place at time of purchase.
In any case where a fee is charged for our Services, you will be required to select a payment method and provide us with information regarding your credit card or other payment instrument (“Payment Instrument”).
You represent and warrant to trusti™ that such payment information provided is true and accurate, and that you are authorized to use the Payment Instrument. You represent and warrant that you will promptly update your account information with any changes that may occur to your Payment Instrument and you acknowledge that failure to do so may lead to trusti™ terminating the Service and closing your account. You agree to pay trusti™ the amount that is specified in the final bill issued for the Service in accordance with these Terms. You hereby authorize trusti™ to bill your Payment Instrument in advance for the Service, following which the Service shall be delivered to you in accordance with the shipping instructions provided to us by you at checkout. If you wish to dispute any charges, you must notify trusti™ within sixty (60) days after the date that trusti™ charges your Payment Instrument by emailing [email address].
All purchases are final sale and may not be returned or exchanged. Payments made are non-refundable.
Please visit our FAQ page for additional information on lost orders, changes to the delivery address, updating your account information and other important information.
While trusti™ makes commercially reasonable efforts to include accurate, up-to-date information on the Site, it does not make any representations or warranties regarding the accuracy of such information displayed on the Site. trusti™ assumes no responsibility or liability for any errors or omissions in the content of the Site. trusti™ does not warrant or represent that your use of materials on the Site will not infringe the rights of third parties that are not owned by or affiliated with trusti™, and you assume any such risk associated with your use of the Site.
The Site may contain links to other websites or resources (“Third-Party Content”), the inclusion or appearance of which does not indicate any approval or endorsement by trusti™ of such Third-Party Content. trusti™ is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content. Third-Party Content shall be governed by the terms of use and privacy policy of such third-party website where it originates.
By using the Site, you acknowledge and agree that trusti™ has no control over such Third-Party Content and is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party members, sites or resources. You further acknowledge and agree that trusti™ 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 or goods or services available on or through any such third-party platform or resource.
(a) You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content”).
(b) You are responsible for maintaining the confidentiality of your login, password and account information, and for all activities that occur under your login or account. trusti™ reserves the right to access your account in order to respond to your requests for technical support.
(c) By posting Your Content on or through the Site, you hereby do and shall grant trusti™ a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Site. trusti™ has the right, but not the obligation, to monitor Your Content. You further agree that trusti™ may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
(d) You understand that the operation of the Site, including Your Content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to trusti™'s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. trusti™ will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
Notwithstanding the foregoing, any Personal Information (as defined in our Privacy Policy) which you may be asked to share with trusti™ in the course of using our Site or purchasing our Services, is governed by our Privacy Policy. Please review the Privacy Policy frequently as we reserve the right to update and modify it at any time.
We will use the email address we have on file for you to communicate with you about any of the above-listed items.
You are solely responsible for all information that you post, upload, email or transmit to or from the Site, including, but not limited to, all information (including Personal Information as defined in our Privacy Policy), data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You may not post or transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You may not collect or store Personal Information (as defined in our Privacy Policy) about other users or stalk or harass another user.
trusti™ reserves the right to investigate and/or terminate your account without refund of any purchases if you have violated these Terms or behaved in a way that trusti™ regards as inappropriate or unlawful, including actions or communications that occur on or off the Site, and whether such communications are with trust staff or representatives, or other persons, should they become known to trusti™.
You will indemnify, defend, and hold harmless trusti™, its agents, shareholders, officers, directors, and affiliated entities (the “Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon your use of and access to the Site, any breach of these Terms or from any representation or warranty contained in these Terms and made by you which was or is at any time false, your violation of any third party right, including, but not limited to, any copyright, property, or privacy right, and indemnify the Releasees from all damages, costs, and attorneys’ fees finally awarded in any such Claim.
You hereby expressly and irrevocably release and forever discharge trusti™, its affiliates and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site [and Services].
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL trusti™, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SITE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF trusti™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL trusti™'s AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO USE OF THE SITE AND THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO trusti™ FOR THE SITE OR SERVICES.
Neither trusti™ nor any other person or entity involved in creating, producing or delivering the Site [or the Services] shall be liable for any damages arising from the use of the Site [or Services], including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. This limitation of liability applies without limitation to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. trusti™ shall not assume responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site, or of your downloading of any materials, data, text, images, video, or audio from the Site. trusti™ assumes no responsibility or liability arising from the content of the Site, including referrals for opinions/questions to ‘Ask The Expert,’ as well as any offsite pages or additional sites linked to the Site, for any error, defamation, invasion of privacy, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. trusti™ may fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person posting any such information or materials.
trusti™ PROVIDES THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE OR THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, THE TEXT, GRAPHICS, AUDIO, VIDEO, DOWNLOADS, ATTACHMENTS, ICONS, BUTTONS, IMAGES, SERVICES, AND PRODUCTS ON THE SITE.
trusti™ TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY SHARES, SENDS OR RECEIVES THROUGH THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
trusti™ administers and operates the Site from its location in Ontario, Canada. Although the Site is accessible worldwide and certain Services are offered through different trusti™ affiliates, not all features, products or services discussed, referenced, provided or offered through the Site may be available to all persons or in all geographic locations, or appropriate or available for use outside Canada. trusti™ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative, and you are solely responsible for complying with applicable laws of the jurisdiction in which you are accessing the Site.
These Terms are governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The laws of Ontario shall apply without giving effect to any principles of conflicts of laws. You agree to submit to the jurisdiction of the provincial and federal courts in Ontario for any claim or dispute arising under these Terms or our Privacy Policy. Any claim arising out of or relating to these Terms must be brought in a court of competent jurisdiction within two (2) years from the date the claim arises. If a claim is not filed within such period, the party bringing the claim forfeits their right to bring such claim.
These Terms, together with our Privacy Policy, shall form the entire agreement, superseding all prior agreements between you and trusti™ regarding our Services and this Site and the matters herein.
If any portion of these Terms is found to be void, invalid or otherwise unenforceable by a ruling made by a court of competent jurisdiction, then that portion shall be deemed superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to the terms contained herein.
The failure of trusti™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision.
The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever.
Any information we collect is subject to our Privacy Policy. By agreeing to these Terms and by your use of the Site and Services, you consent to the collection, use and disclosure of your information in accordance with and as permitted by our Privacy Policy.
Please send any notices, questions, comments or concerns regarding the Site and these Terms, (including notifications of claimed copyright infringement) to us by email at: feedback@trusti.ca.
