Last updated: March 22, 2021
Welcome to klarify, hosted by ALK e-com A/S (“Sponsor”, “us”, “we”, “our”).
3. Your Use of Content
The content available on or through use of our Website and/or App, including but not limited to data, documents, text, articles, interactive features, presentations, images, graphics, downloads, icons, logos, photographs, audio and video, links and references, and such other informational materials in all forms (collectively “Content”) is provided for informational purposes only. Our “Find An Allergist” feature allows you to search for an allergist in your area as well as search for allergists who offer immunotherapy services. Sponsor itself does not provide medical advice and does not endorse any of the doctors identified through the “Find An Allergist” search function.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE PROVIDED BY A QUALIFIED DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. THE WEBSITE AND THE APP DO NOT PROVIDE THERAPEUTIC OR DIAGNOSTIC INFORMATION OR RECOMMENDATIONS. THE WEBSITE AND THE APP ARE NOT INTENDED OR SUITABLE FOR USE IN DIAGNOSING, SELF-DIAGNOSING, MONITORING OR TREATING ANY HEALTH CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION RELATED TO ANY CONTENT ON THE WEBSITE OR APP BEFORE TAKING ANY ACTION.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT. RELIANCE ON ANY CONTENT ON OUR WEBSITE AND/OR APP IS SOLELY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH CONTENT BY YOU OR ANY OTHER VISITOR TO OUR WEBSITE AND APP, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THEIR CONTENT.
4. Intellectual Property Rights
The Website, App and all of their Content, features and functionality (including but not limited to the software, design, selection and arrangement thereof) are owned by Sponsor, its licensors or other providers of such material and are protected by Canadian and international intellectual property laws. We reserve the right to change, modify or delete the Content, features or functionality off the Website and/or App at any time.
Except as expressly permitted herein, the use of Sponsor’s trademarks or any Content is expressly prohibited and may be in violation of copyright, trademark and other similar laws. The entire Content of the Website and App are subject to copyright protection. No license or other right under any patent or trademark of Sponsor or any third party or to the Content is granted to you.
5. Provision of the App
We may at any time provide updates of the App that change the functionality of the App. The functional scope and system requirements of the current version of the App are stated in the product and update descriptions for the App in the respective app stores. If your app store does not provide you with appropriate notification functions then please check your app store for updates or newer versions yourself. You have no entitlement to future or further provision of the App or any updates. We may modify or discontinue the App at any time and you may discontinue use of the App at any time. Users in the province of Quebec will be provided with notice of any such modification to the App as provided in section 2 above. Users in the province of Quebec will be provided with notice of any termination of the App sixty (60) days before the termination takes effect.
6. Termination and Cancellation
You may elect to delete your profile at any time. Please note that once you have deleted your profile, you may not be able to access certain functionality or download any data that was resident on our system through your profile from our Website and/or App.
7. Right to Handle Your Data
You hereby grant Sponsor a non-exclusive, sublicensable, royalty-free, fully paid-up, worldwide, perpetual and transferable right to Handle (as defined below) your data to make our Website and App available to you and to generate and use Aggregated Information (as defined below).
a. Handling by Third Parties.
You agree that all such data may be, without further consent from you, Handled by a third-party for either: (a) purposes which serve our business purposes, including data monitoring or storage; or (b) for regulatory or other reasons which are imposed on us in Canada or in any other jurisdiction in which we decide to store or process such data.
b. Aggregated Information.
We own all Aggregated Information and may use such Aggregated Information for any purpose we see fit, including publication of, and creation of derivative works from, the Aggregated Information, provided that such use shall not reveal to a third party any confidential information or the identity of our users.
For the purposes of this Section 7, “Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context. “Aggregated Information” means all information derived from your use of our Website and App and includes, usage information, data and other content provided, however, such information shall not be able to reveal your identity (or the identity of the relevant user).
When you open the Website and/or App for the first time, you will receive pop-up notifications. These will ask you whether you consent to the processing of data about how you use the Website and/or App (i.e. cookies pop-up) and whether the Website and/or App can access your location while you are using the Website and/or App. If you do not wish such data to be processed you can click on ‘Don’t Allow’. If you later change your mind, you can turn this on or off in your browser or App settings at any time.
The App is intended for personal, informational and non-commercial use by people who wish to be informed about current pollen count in specific locations and we may from time to time provide you with personalized content. The functions of the App are also based on data stored by the user and data provided by third parties. Note that for parts of the year, we may not have access to pollen data in particular locations, e.g., where pollen levels are commonly very low and/or are otherwise difficult to measure.
9. Third Party Tools and Websites
Our Website and App may contain links to, or automatically produce search results for, third party tools, websites or apps that are not owned, affiliated or operated by Sponsor. These links are provided for your information only. Sponsor has no control over any third party website or app and does not endorse, sponsor or recommend your use of such website or app. Sponsor is not responsible for the content of third party websites or third party apps and shall not be liable for any damages or injury arising from your use of such websites or apps. Accordingly, we recommend that you read the applicable third party terms and privacy policies for more information.
10. Prohibited Uses
11. Disclaimer and Limitation of Liability
a. Disclaimer of Warranty.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND EXCEPT WHERE PROHIBITED BY LAW FOR USERS RESIDING IN THE PROVINCE OF QUEBEC: (A) OUR WEBISTE AND APP, AS WELL AS THE CONTENT AVAILABLE THEREON, ARE PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND SPONSOR AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OR CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES OF CONDITIONS THAT THE WEBSITE, APP AND CONTENT ARE CURRENT AND/OR UP-TO-DATE. SPONSOR AND THE REPRESENTATIVES DO NOT WARRANT THAT THE WEBSITE, APP AND CONTENT NOR YOUR USE OF THE WEBSITE, APP AND CONTENT WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE WEBSITE AND APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND APP, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, APP AND CONTENT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SPONSOR OR ANY OF THE REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE WEBSITE, APP AND CONTENT SHALL CREATE ANY WARRANTY.
b. No Implied Warranty.
Some jurisdictions do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on websites and applications, notwithstanding the foregoing, such implied warranties shall not have a duration greater than required under the applicable law, shall terminate automatically at the end of such period and shall be disclaimed and excluded to the fullest extent permitted by applicable law. You may also have other rights under applicable law which vary depending on where you live.
c. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SPONSOR NOR ANY OF ITS REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, PERSONAL INJURY UP TO AND INCLUDING DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR LIABILITIES UNDER CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, APP, CONTENT AND/OR ANY LINKED WEBSITE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO OUR WEBSITE, APP, CONTENT AND/OR ANY THIRD PARTY WEBSITE IS TO STOP USING THE SPONSOR WEBSITE, APP AND CONTENT OR THE APPLICABLE THIRD PARTY WEBSITE, AS APPLICABLE.
SPONSOR’S WEBSITE AND APP MAY BE USED BY YOU TO SEARCH FOR AND CONNECT WITH PROFESSIONALS, BUT YOU AGREE THAT SPONSOR AND SPONSOR’S REPRESENTATIVES HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PROFESSIONAL SERVICES PROVIDED TO YOU BY PROFESSIONALS. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE AND/OR APP IS SOLELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE BETWEEN A PROFESSIONAL AND YOURSELF, AS WELL AS ANY PROFESSIONAL SERVICES THE PROFESSIONAL PROVIDES. SPONSOR IS NOT LIABLE IN ANY WAY FOR ANY AGREEMENT MADE BETWEEN A PROFESSIONAL AND YOURSELF OR FOR THE ENFORCEMENT OF SUCH AGREEMENT. SPONSOR IS NOT A PROFESSIONAL SERVICE PROVIDER AND IS NOT RESPONSIBLE FOR ANY PROFESSIONAL SERVICES.
Children under the age of majority in their jurisdiction of residence are not the intended audience for the Website or App.
a. Governing Law
b. Dispute Resolution through Arbitration and Submission to Jurisdiction.
Arbitration Act, 1991, S.O. 1991, c. 17 (the “Act”). There shall be one (1) arbitrator selected in accordance with the Act. The parties to the arbitration shall equally share the fees of the arbitrator and the facility fees and the parties shall each bear their own legal costs and expenses of the arbitration; provided, that the arbitrator shall have the authority to award such fees, costs and expenses in the decision of the arbitrator. The arbitration shall be conducted in English. Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.
c. Waiver of Class Proceedings
To the greatest extent permitted by law, and except where prohibited by law for users who are individuals residing in the province of Quebec, you hereby waive any right you may have to commence or participate in any class action lawsuit against Sponsor and/or Sponsor’s Representatives related to any claim, dispute or controversy and, where applicable, you hereby agree to opt out of any class proceeding against Sponsor and/or Sponsor’s Representatives otherwise commenced.
f. Further Assurances
g. Relationship between the Parties
h. Headings and Summaries
j. Other Rules of Interpretation
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation”; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”.
k. No Waiver of Covenants
l. Surviving Provisions
m. Force Majeure
n. Entire Agreement