Kinduct Platform Terms of Use & Acceptable Use Policy

Welcome to Kinduct Technologies Inc. (“KINDUCT”), a Nova Scotia based company, and the KINDUCT Website (the “Website”), a website available via the internet to the general public. This Website provides, among other information and data, access to KINDUCT’s training, fitness and data analysis content tools. The Website and its contents and related services are owned by KINDUCT and/or its affiliates and licensors.

This is an important document and you should read it carefully. This Kinduct Platfrom Terms of Use & Acceptable Use Policy (the “AUP”), along with our Privacy Notice and any other applicable service agreement, defines the legal relationship between KINDUCT and you. It includes your responsibilities as a user of the Website and limits the legal recourse you may have against KINDUCT. This AUP is applicable to the Users of the Kinduct Application Platform (“Platform”) and Mobile App (“App”), Kinduct’s athlete management system available through the Website and via a downloadable application.

By accessing and/or using the Website, or otherwise accessing and/or using the services and information offered through the Website, you (the “User” or “You”) agree to be bound by the terms of this AUP in effect at the time of each such access and/or use of the Website. This AUP applies to all Users of the Website, regardless of whether they are members or merely visitors, and applies to any and all entities or persons on whose behalf any User acts. The features and information that a User may avail himself/herself of via the Website are hereinafter referred to as the “Services.”

You acknowledge that KINDUCT may, from time to time and at any time, in its sole discretion and without notification to You, revise or modify this AUP. Your access and/or use of this Website or the Services, indicates Your agreement to be governed by this AUP. It is Your sole responsibility to apprise Yourself of any such revision(s) or modification(s) each time you visit or use the Website and/or access/use the Services. If You do not so agree, You are not authorized to access or use the Website or the Services in any manner.

  1. OVERVIEW

KINDUCT is Kinduct is a human performance software provider. Our products are developed to address information challenges of organizations who work with athletes, patients, clients, students and employees. Our solutions help organizations collect, organize, share and analyze data, in one centralized platform, to break down data silos, inform decisions and deliver powerful results. Kinduct has created the Website to provide Users with online access to this information.

II. TERMS AND CONDITIONS

A. Adults & Children.

18 Years Old and Older

You must be at least 18 years old to access, purchase from, or otherwise use any Services via the Website.

Under 18 Years Old

If the User is under 18 years old, then that User may access and use the KINDUCT Website only by virtue of being on a youth team or organization, and the coach or other team administrator of such youth team or organization has expressly acknowledged, pursuant to the Kinduct’s formal consent form, that they have received the express permission from such User’s parent(s) and/or guardian(s) for such User to access and use the KINDUCT Website.

B. Availability

KINDUCT makes no guarantees regarding the availability of the Website or the Services (including the availability of any given Service). KINDUCT reserves the right, in its sole discretion, to discontinue the Website and/or Services and/or modify the contents of the Website or the AUP as it sees fit, including but not limited to, the price for Services, descriptions and other e-commerce related information and/or functionality. You agree that KINDUCT will not be liable to You for any such discontinuance or modification of the Website or the Services.

C. Authorized Use

KINDUCT grants You a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by this AUP. Other than page caching and/or podcasts, You are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of KINDUCT. This license does not include and specifically prohibits any resale or commercial use of this site or its contents (except for Your purchase of goods and/or Services); any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Website any material that: (i) violates or infringes in any way upon the rights of others, including intellectual property rights; and/or (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with this AUP.

You additionally agree that you have the authority to use the Website and enter information into the Website for yourself, and/or on behalf of another whose information you have access to, and the authority to use and enter into the Website.  

Any unauthorized use of the Website and/or the Services terminates the permission or license granted by KINDUCT in relation to the Website immediately.

D. Linking (To & From) the Website; Advertisers

KINDUCT may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials for third-parties. KINDUCT is not responsible for and in no way guarantees or endorses: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; and (c) the goods or services offered via these third-party sites.

Accordingly, User acknowledges and agrees that KINDUCT shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Websites and/or the quality of any goods or services offered by or through any linked-to third-party site.

E. Privacy Notice

KINDUCT takes your privacy seriously. The KINDUCT Website “Privacy Notice”, available via the following URL link, addresses and governs privacy and information collection and use issues: https://www.kinduct.com/privacy-notice/

F. Prohibition against Harmful Transmissions & Appropriate Use of Website

You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, resumes, job postings and otherwise (“User Content”). You agree that You will not upload, post, e-mail, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this site or other users. KINDUCT does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings, even if KINDUCT elects, in its sole discretion, to do so or to attempt to do so from time to time. You agree not to send communications or make postings that infringe upon or breach another party’s intellectual property rights, contract rights or other rights. You agree not to send inappropriate communications or make inappropriate postings, including, but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. KINDUCT is not responsible for any User Content or actions or omissions in response to User Content.

You may not, and You agree that You will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Microsoft Explorer, Firefox, Chrome, Safari, etc). You may not “frame” this Website or display the Website’s content through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that the Company creates to generate its webpages.

G. Disclaimer of Warranties; Limitation Of Liability

  1. Warranties Disclaimed

Neither KINDUCT nor any of its service providers, information providers, licensors, employees, officers, directors, assignees, or agents warrant that the services or the information provided via the website will be uninterrupted or error free. Except as is expressly set forth elsewhere herein, the services are made available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, or otherwise, all such warranties being expressly disclaimed. To the extent allowed by law, neither KINDUCT nor any of its service providers, information providers, licensors, employees, officers, directors, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to (a) your use of the website or services, (b) the operation or malfunction of the services, or (c) arising in any way from or relating to your purchase of KINDUCT products (or any other products) via the website, and, regardless of whether or not such parties have been advised of the possibility of such damages as to (a) through (c).

  1. Limitation of Liability

To the extent allowed by law, KINDUCT shall have no liability to you or to any third party for unauthorized third-party access to or alteration theft or destruction of, any information contained at the website through accident or through fraudulent or wrongful means or devices.

In any event, the liability of KINDUCT to you or any other user for any reason and upon any cause of action shall be limited to and shall in no event exceed the sum of one-hundred dollars ($100.00) or, in the event that your dispute or claim arises from your purchase of services via the internet, the cost of such disputed services (i.e., the amount you paid to KINDUCT for such services). This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, non-infringement, and other causes of action or allegations.

Note: some jurisdictions either do not allow or otherwise limit the permissible scope of disclaimers and limitations such as those appearing in the two preceding paragraphs. Accordingly, some of the limitations and disclaimers appearing therein may not apply to you.

H. Health Disclaimer

This Website provides sports training, physical training, fitness, nutrition and other information, applications, and content published over the Internet and is intended only to assist users in their personal physical fitness, nutrition and sports efforts. KINDUCT is not a Health organization and cannot – and does not – give you Health advice or a Health diagnosis. Nothing contained in this Website should be construed as Health advice or diagnoses. The information and reports generated by KINDUCT should not be interpreted as a substitute for an evaluation and/or treatment, with a healthcare professional or for good sense and personal judgment about one’s own condition.

The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should consult a Health professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Website. The text, pictures, and description set forth in this Website is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques and concepts) and does NOT advise that You or any other particular Website user undertake or perform any particular technique or exercise. You agree that You will not undertake or perform any exercise or technique described in this Website until and unless You consult with and are cleared by a Health professional in relation to such participation.

The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition and/or health problem. As are all users, such individuals are specifically advised to seek professional Health advice prior to initiating any form of sports training, physical training, or exercise regimen.

I. Indemnification

You agree to indemnify, defend, and hold harmless KINDUCT, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; (ii) arises out of or relates to Your use of the Website and/or (iii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.

J. Severability

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be the minimum possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

K. Entire Agreement & Priority

This Agreement, along with our Privacy Notice and any other applicable service agreement, sets forth and contains the entire agreement with regard to the matters set forth herein between You and KINDUCT. If there is any apparent conflict or inconsistency between the provisions set forth in this Agreement and the provisions set forth in the Privacy Notice or any other applicable service agreement, the provisions set forth in the Privacy Notice and/or any other applicable service agreement shall prevail. If there is any apparent conflict or inconsistency between the provisions set forth in the Privacy Notice and the provisions set forth in any other applicable service agreement, the provisions set forth in the Privacy Notice shall prevail, unless specifically indicated otherwise in another service agreement.

L. Choice Of Law

This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the Province of Nova Scotia, Canada. All contracts resulting from or relating to this Website, including Member Agreements, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the Province of Nova Scotia.

M. Venue; Personal Jurisdiction; Service of Process

Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the courts of Nova Scotia. By accessing and using the Website, You (and any person or entity on whose behalf you act) hereby submit to personal jurisdiction in Nova Scotia in any action by or against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. You (and any person or entity on whose behalf you act) agree to service of process for any claim arising out of or related to this AUP via a national private carrier (e.g., FedEx, UPS) or electronic mail (in KINDUCT’s discretion), and hereby waive personal service.

N. Headings For Convenience Only

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

O. Waiver

The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

P. KINDUCT Marks & Material

The KINDUCT Website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the KINDUCT Website are subject to copyright laws. KINDUCT owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of KINDUCT and the copyright owner, if other than KINDUCT. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website. Without the owner’s prior written permission, you agree not to display or use in any manner (other than as set forth in this AUP), any trademarks or content found on the Website.

Q. Copyright Complaints

KINDUCT respects the intellectual property of others – and expects others to respect KINDUCT’s intellectual property. If you believe that your work has been copied or otherwise appears on this KINDUCT Website in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.

R. Contact

Please direct all inquiries and other communications relating to the Website and/or the Services to:

KINDUCT Technologies Inc.

1201 – 1969 Upper Water Street

Purdy’s Wharf Tower Two

Halifax, Nova Scotia B3J 3R7

or by email to: [email protected]

S. Local Laws

You warrant and agree that Your access to and use of the Website is in compliance with all laws governing such access, use, and related conduct in Your geographic region.

T. Prohibited Conduct

Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.

Furthermore, without limiting other remedies, KINDUCT may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Website if You: (1) breach this AUP; and/or (2) take actions that KINDUCT believes may result in legal liability for You, for KINDUCT, or for other Website users. KINDUCT reserves the right to deny access to the Website and/or any elements of the Website to any person at any time and for any reason, as allowed by law.

 

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY – AND ARE, THEREBY, PROHIBITED FROM ACCESSING THIS SITE. YOU MUST EXIT THE WEBSITE IMMEDIATELY.