Kenek Health Inc. Website, Mobile Application or Email linking to or containing these terms and conditions of use.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SITE AND APPLICATION.


Welcome to Kenek Health Inc. (“Kenek Health”) website and mobile application. These Terms of Use and Conditions (“Terms”) govern your use of the Kenek Health (“our”) website (“Site”) and mobile application (“Application”). Please read these Terms in full before using our Site or Application.


By using our Site or Application you accept the Terms contained herein. If you do not agree to these Terms, please do not use the Site and Application. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. By accepting the Terms you agree it is your responsibility to check these Terms periodically for changes and that your continued use of our Site and Application following the posting of any changes to the Terms verify your acceptance of those Terms changes.


GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF OUR SITE AND APPLICATION IS AT YOUR SOLE RISK. THE SITE AND APPLICATION, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND APPLICATION, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT:

(i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE AND APPLICATION INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE AND APPLICATION, ANY EXTERNAL SERVICE PROVIDERS, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND

(ii) AS A SERVICE TO USERS OF THE SITE AND APPLICATION KENEK HEALTH INCLUDES LINKS TO OTHER WEBSITES THAT IT HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST KENEK HEALTH WITH RESPECT TO SUCH WEBSITES.


NONE OF KENEK HEALTH OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE AND APPLICATION OR ANY INFORMATION CONTAINED ON THEREIN, OR ANY LINKED EXTERNAL CONTENT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.


YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE AND APPLICATION.


General

In the event that any parts of any Terms are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms will not fail on account thereof, and the balance of the Terms will continue in full force and effect. The Terms constitute the entire agreement between you and Kenek Health governing your use of the Site and Application. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of Kenek Health in exercising any right or remedy under the Terms or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these Terms are for convenience only and have no legal or contractual effect.


Disclaimer Regarding Health Information

Kenek Health does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any medical or health information posted or otherwise available on or through access to the Site and Application. Kenek Health is not responsible for the content of any linked content or website and we assume no liability or responsibility arising from external content or websites. The information we provide on our Site and Application are for educational purposes only and in summary form intended to provide general consumer understanding and knowledge of health care topics and Kenek Health is not responsible and shall not be liable to you or anyone else for any action or decision taken in reliance upon the information contained in the Site and Application.

It is your responsibility to review and understand all package and package insert information concerning products purchased from Kenek Health. The information provided on the Site and Application is not intended to be used as a substitute for professional medical diagnosis or treatment. You should seek the advice of your doctor or pharmacist prior to starting or modifying any treatment or in connection with any health problems or questions.

The Information within our Site and Application is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE AND APPLICATION FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOU OWN PHYSICIAN FOR ADVICE AND TREATMENT.


User Generated Content

In the case where User Generated Content ("User Content") mechanisms are directly or indirectly provided by Kenek Health, the following terms and conditions apply. We do not endorse the comments or opinions expressed in User Content and assume no responsibility or liability for any User Content posted by you or any third party. You will indemnify Kenek Health for all claims resulting from User Content you supply. We reserve the right (but not the obligation) to remove or edit User Content.

If you do post User Content, you grant Kenek Health a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such contest throughout the world in any media. You grant Kenek Health and sub-licensees the right to use the name that you submit in connection with such content.

When using our Site and Application, you shall not post or send to or from either the Site or Application:

  • Content for which you have not obtained all necessary consents;
  • Content that is dishonest, deceptive or inaccurate;
  • Content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site or Application are being used;
  • Content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.


Use of Your Information

Our Site and Application allow you to record sleep and related information and transfer this information to us. We may also combine information from other sources. The information we store and collect about you is primarily used to provide the best Site and Application experience to our users. We use the information collected about you as follows:

  • as part of a customer reported issue investigation;
  • to improve our Site and Application;
  • to investigate the performance and stability of our Site and Application; and
  • to conduct research of sleep behaviors and quality.


Account Access and Passwords

You are responsible for taking steps to protect yourself from unauthorized use of your username and password. Do not share your Kenek username and password with anyone. We are not responsible for breaches of confidentiality or security caused by you. You expressly assume the risk of an unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with your use of our Site or Application or any service related thereto.

Fraud

We have the right to close customer accounts and request alternative forms of payment if a purchase is made with a fraudulent payment method.


Security and Privacy

We are committed to maintaining the privacy of your information. Please refer to our Privacy Statement for information on how we collect, use, disclose and protect your personal information. Acceptance of these Terms constitutes your consent to the practices set forth in our Privacy Statement.


Product Information

We cannot guarantee the availability of any products or items described on the Site and some may not be available at all due to space limitations, unavailability of supply or for other reasons. All prices shown are before any applicable tax. Kenek Health reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.

While Kenek Health strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Kenek Health at any time. Without limiting the generality of any other terms and conditions on this Site, Kenek Health does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.


Indemnity

You agree to indemnify, defend and hold harmless Kenek Health, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity (including negligent or wrongful conduct) related to your use of the Site and Application.


Governing Law and Jurisdiction

The Site and Application controlled by Kenek Health from its office within the Province of British Columbia, Canada. This Site and Application can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of British Columbia, Canada, by accessing this Site, you agree that all matters relating to access to, or use of, the Site and Application, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable to the Province of British Columbia, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.