Effective Date: August 1, 2016
The following Term of Use (the “Agreement”) constitute a legally binding agreement by and between WholeLife HealthTech Inc., the development company of MyHealthyGut (hereinafter, “WholeLife HealthTech”) and you concerning your use of MyHealthyGut mobile application (the “App”) and website (the “Website”) located at http:www.myhealthygut.com and the services (the “Services”) available through the App and/or Website.
INFORMATION COLLECTION CONSTENT
CHANGES TO AGREEMENT
WHOLELIFE HEALTHTECH RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME, NOTICE TO BE GIVEN TO YOU BY POSTING AN UPDATED VERSION OF THE AGREEMENT; AND/OR PROVIDING A NOTICIFICATION ON THE APP OR WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY
USER ELIGIBILTY AND MINORS
All users who download the App and who purchase Services and/or products through the App that was downloaded from an app store or app distribution platform, such as the Apple App Store (the “App Provider”) must be adults 18 years of age and over (or have consent of a parent or legal guardian; please see under privacy). WholeLife HealthTech cannot prohibit individuals under the age of 18 accessing and using various parts of the App and Website due to the nature of the World Wide Web, but will immediately disregard any known attempts to download the App or register on the Website by a minor.
BY USING THE SERVICE OR DOWNLOADING THE APP, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS (OR HAVE CONSENT OF A PARENT OR LEGAL GUARDIAN) AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS USER APPLICABLE LAW.
WHOLELIFE HEALTHTECH MAKES THE FOLLOWING DISCLAIMERS:
i. The Content provided in the App, the Website, is intended solely for Your educational purposes, and is not a substitute for the medical advice provided by a physician or other healthcare professional. You must never disregard professional medical advice, or delay seeking medical advice because you are accessing and using the information provided by the App, Website and Services. The Information cannot be used for the purpose of diagnosing, treating, or in any way mitigating a specific health issue or disease. It can also not be used with the intention of prescribing a medication or other modality of treatment. You must always speak with your physician before starting any new approach to managing your health, including vitamins and minerals, exercise and other therapeutic modalities. Further, you should seek medical advice immediately if you suspect that you have a medical problem regardless of using the information provided through the App, Website or Service.
YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR TAKING SUPPLEMENTS.
ii. The App, Website, Content, and all products related to MyHealthyGut provided to you by WholeLife HealthTech are delivered on as “AS IS” basis and contain, to the extent permitted by law, no express or implied warranties, including, but not limited to, warranties of title, fitness for purpose, security, accuracy, and compatibility.
iii. Any use of or reliance by you on the App, Website, its server, the Content, or Information is done at your own risk.
iv. WholeLife HealthTech makes no guarantee that your use of the App, Website, its server, the Content, or Information will be uninterrupted, or free of defects, viruses or other harmful components.
v. Any Content, Information or products offered by WholeLife HealthTech, which you download from the App Provider and/or Website, is done so at your own risk.
vi. WholeLife makes no representations or warranties about the quality, suitability, or qualifications of any service providers, including professional service providers, and their related services, whose contact information may be contained on the App, Website, in the Contents, or Information, or to whom you may be referred to by WholeLife HealthTech.
The App and Website contains a combination of nutritional information and food lists (the “Nutritional Database”), created by the MyHealthyGut and WholeLife HealthTech team members (the Team), which include a postdoctoral fellow from the University of Calgary’s Health and Wellness Lab and a Registered Dietitian, who specializes in digestive health issues, and a Holistic Nutritionist. The nutritional information provided has been researched, reviewed and referenced (backed by science). Any Team member can contribute nutritional information to the Nutritional Database, as well as edit existing nutritional information.
THIRD-PARTY CONTENT AND SERVICES
Nutritional information, advice, statements including, without limitation, food information, recipes, food lists made available by the means of the Services provided by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. WHOLELIFE HEALTHTECH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE APP OR WEBSITE.
MISPRINTS AND ERRORS
We endeavor to provide current and accurate information on the MyHealthyGut App and Website available to you. Nevertheless, errors and misprints occur. You are solely responsible for ensuring that any nutritional information in the Nutritional Database is accurate, complete and useful. Accordingly, we reserve the right to reject, correct, cancel or terminate any purchase for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the purchase process, including after a purchase has occurred, and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any purchases based on any error, misprint or otherwise.
You will be asked to provide your first name, last name and valid primary email account to setup your account with an In-App purchase and use of certain Services and access to certain Content. You will be required to authenticate your email account prior to accessing such Services or Content, a system generate PIN (personal identification number) will be email to your primary email account to be used to authenticate your email address and account. You are entirely responsible for maintaining the confidentiality of your account information. You may not use the account of any other person at any time. You must notify WholeLife HealthTech immediately of any unauthorized use of your account. You may be hald liable for any losses incurred by WholeLife HealthTech, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account.
APP STORE SOURCED APPLICATION
With respect to the App accessed through or downloaded from the Apple App Store (the “App Store”), you will use the App Store only (a) on an Apple branded product that runs iOS (Apple’s proprietary operating system software); (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
ii. The App is for your sole use and is non-transferable and must be used on any Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
iii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, and WholeLife HealthTech shall be solely responsible for any maintenance and support services, to the extent they are required by applicable law.
The MyHealthyGut App provides you with access to certain enhanced features and functionality (e.g., journal diet and symptoms, searchable food lists, etc.), meal plans and content. By purchasing various In-App packages, you agree to pay the fee due and incurred by you in your usage of purchased packages.
ALL PURCHASES ARE FINAL, AND NO REFUND WILL BE GIVEN FOR ANY IN-APP PACKAGES UPON TERMINATION OR CANCELLATION.
All information, material, and works found in the App and on the Website, including titles and names, page headers, text, graphics, custom images, logos, photographs, software, typeface, literature and other materials (referred to collectively hereafter as the “Content”), are protected by intellectual property rights owned by WholeLife HealthTech.
USE OF THE APP, WEBSITE AND CONTENTS
You may not reproduce, modify, augment, translate, adapt to another medium or edit in any manner the Content, transmit, transfer, distribute, sell, or exploit any part of the Content or the Content in its entirety without the express written permission of WholeLife HealthTech.
SOME LINKS WITHIN THE APP AND ON THE MY HEALTHY GUT WEBSITE REFER YOU TO THIRD PARTY SITES NOT UNDER THE OPERATION OR CONTROL OF WHOLELIFE HEALTHTECH. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH SITES AND WE PROVIDE THERE LINKS TO YOUR ONLY FOR CONVENIENCE. THE INCLUSION OF ANY LINK TO THESE SITE DOES NOT IMPLY ENDORSEMENT BY WHOLELIFE HEALTHTECH OF THE LINKED SITE.
In providing the Services, you may receive periodic emails related to the Services which include PIN codes, new features and information regarding the Services, which are part of the Services in the App and for which you cannot opt out of receiving. You may also receive promotional offers from MyHealthyGut which might be of interest to you. You can opt-out of receiving these types of promotional emails at any time and no longer receive any future promotional offer emails.
LIMITATIONS TO LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL WHOLELIFE HEALTHTECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AFFILIATES BE LIABLE TO YOU OR ANY USER FOR ANY USE OR MISUSE OF THE APP, THE WEBSITE OR ANY OTHER SERVICES. SUCH LIMITATION: (a) INCLUDES DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE (EVEN IF WHOLELIFE HEALTHTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (b) APPLIES WHETHER DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE APP, FROM INABILITY TO USE THE APP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP (INCLUDING ANY DAMAMAGES INCURRED BY THIRD PARTIES); AND (c) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY SERVICES. TO THE MAXIUMUM EXTENT TO PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WHOLELIFE HEALTHTECH, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APP OR SERVICES. WE WOULD NOT BE ABLE TO PROVIDE THE APP OR SERVICE TO YOU ON AN ECONOMICALLY REASONALBE BASIS WITHOUT THESE WARRANTLY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
WholeLife HealthTech shall maintain the right, at its sole discretion, to terminate, suspend, or limit your access to certain parts of the App and/or Website without notice if WholeLife HealthTech believes that conduct on the App and/or Website is threatening to WholeLife HealthTech, or its interests, or to another App or Website user, third party vendor, associate or their interests. WholeLife HealthTech may notify law enforcement officials if any of Your conduct on the App or website is in violation of applicable local, national, or international laws.
APP AND WEBSITE CONDUCT
You agree to use the App and/or Website for legal purposes only and to respect all other users’ right to use the App, Website, Content, and associated products and Services. Any conduct on the App and/or Website that is in violation of any local, national or international laws will not be tolerated.
CHOICE OF LAW
We shall have no liability for delays or failure in performance caused by any act of God, war, strike, labour dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar beyond our control.
CONTACT WHOLELIFE HEALTHTECH
WholeLife HealthTech Inc.
10899 Cherry Lane
Delta, BC V4E 3L8
Effective Date: August 1, 2016
- we own or control.
- are available through the Services; or
COLLECTION AND USE OF INFORMATION
The initial download of the MyHealthyGut App from the App Store is free to download, install and use on your own personal mobile device. We do not collect any personal information on the initial download or when you to browse or use the free content and recipes. Once you opt to purchase one of the In-App packages, we will create a shell account (placeholder), which has no personal information until you proceed with setting up your own personal account to start to use the journal functionality within the App.
We collect personal information when you “Setup Account” to access the functionality of the App, when you journal your dietary intake and symptoms and generate journal reports to share with your practitioner or health care provider. This information includes primary email account, profile information including your first name, last name, Birthdate and gender and information related to your health including when you were diagnosed, your goals and any food allergies you may have.
We may use your personal information, including email address, Birthdate, etc., to verify identity, assist with identification of users, and to determine appropriate services, and for loss prevention and anti-fraud purposes.
From time to time, we may use your personal information to send important notifications, such as information related to your In-App purchases, or changes to our terms and policies. Because this information is important to your interaction with the App, you may not opt out of receiving these notifications.
DEVICE DATA AND ANALYTICS
Device Data: When You download, install and use the mobile App on your mobile device, MyHealthyGut automatically receives information, including without limitation, carrier providers, a unique device identifier, geo-location information (if allowed by the user), the types of mobile devices accessing the App, and the types of operating systems accessing the App. A unique device identifier is a string of alphanumeric characters (similar to a serial number) used to uniquely identify and distinguish each mobile phone or other wireless communication device. WholeLife HealthTech uses the unique device identifier to link to Your personal account when You setup Your personal account profile.
DISCLOSURE PRACTICES AND DATA RETENTION
WholeLife HealthTech shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms of service or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
WholeLife HealthTech shall retain personal information only as long as necessary for fulfillment of those purposes.
SECURITY OF PERSONAL INFORMATION
WholeLife HealthTech takes the security of your personal information very seriously and we are dedicated to keeping your personal information secure. WholeLife HealthTech web Services such as the MyHealthyGut website and the App database use industry-wide standards to protect Your personal information during transit using SSL (Secure Socket Layer) 256-bit encryption and firewalls. We then follow strict industry regulations regarding storage of and access to your sensitive information once we receive it. When your personal data is stored by WholeLife HealthTech, we use computer system infrastructure with limited access housed in a secured hosting data center using physical security measures. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee that information you supply won’t be intercepted while being transmitted to us or to our third party providers over the Internet and wireless communications, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your account information and your password to protect access to the App(s) installed on your mobile device.
USER ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION
You can help ensure that your contact information and preference are accurate, complete, and up to date by accessing your personal profile in the Home section of the App under the “Manage Your Account” tab.
We contract with third parties services to assist us with maintaining and managing our customer information to fulfill services and to communicate with our customers. In addition, we team up with another company to offer or provide products and services such as email communication, web and mobile App hosting.
WholeLife HealthTech may make certain personal information available to our service providers and partners that work with WholeLife HealthTech to provide products and services, or are used to market offers to specific customers. Personal information is only shared to provide or improve our product and service. We do not authorize any of our third parties to make any other use of your information.
We will not rent or sell your information to any third party. All the information we collect is given to third parties ONLY if they are involved in completing our offers or services.
SOCIAL MEDIA FEATURES AND WIDGETS
WholeLife HealthTech Inc.
10899 Cherry Lane
Delta, BC V4E 3L8