Terms of service.

Thanks for using PEARLL. These terms of service ("Agreement") cover your use and access to our websites, applications and services ("Services") provided by PEARLL Health & Wellness Inc. (“PEARLL”, “we”, “us”). Our Privacy Policy explains how we collect and use your information.

By using our Services, you're agreeing to be bound by the terms of this Agreement, and to review our Privacy Policy. If you're using our Services for an organization, you're agreeing to the terms of this Agreement on behalf of that organization.

By using or accessing the Services, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Services.

No Medical Services or Advice

The Services and the information they provide are not designed to, and do not, provide medical services or advice. They provide general information for educational purposes only. The contents of the Services are believed to be accurate but are not guaranteed to be so. The Services are not a substitute for professional medical advice, diagnosis, or treatment.

We do not recommend or endorse any specific tests, healthcare providers, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided directly or indirectly by PEARLL, the Services, links to third-party sites and resources, Services’ users, or other visitors to the Services is solely at your own risk.

Always seek the advice of your physician or other qualified health and wellness professionals with any questions you may have regarding a medical condition, treatment or lifestyle change. If you are being treated for an illness, taking prescription drugs or following a therapy to treat a disease, we urge you to consult your physician or other qualified health and wellness professionals before using our Services.

If you think you may have a medical emergency, call 911 or see a doctor immediately.

Registration

To use many functionalities of our Services, you must register an account with PEARLL. You must safeguard your password, make sure that others don't have access to it, and keep the account information current. You are solely responsible for managing your account and password and for keeping the password confidential. You are also solely responsible for restricting access to your account. You agree that you are responsible for all activities that occur on your account or through the use of your password by any persons.

Legal Age

To use the Services, you must be of the age of legal majority in the jurisdiction where you reside and where you use the Service. If you are under the required age, you must get approval from your parent or legal guardian. We have the right at any time to require you to provide us with proof of your age or parental consent, and we have the right to suspend your account if you do not provide us with such proof.

License

Subject to your continued compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services. You can use the Services only for your personal, noncommercial use.

The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of PEARLL.

Intellectual Property

You understand and agree that the Services and all intellectual property rights associated therewith are and remain the property of PEARLL (and/or its licensors, as applicable). Without limiting the foregoing, you may not use our trademarks, software, health and wellness programs, content, articles, videos, audio files, graphics and other materials other than in connection with your authorized use of the Services, and you cannot use, copy, display, modify, reproduce or distribute any of our trademarks or copyrighted materials without our express authorization. You may not create derivative works from our intellectual property, or reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.

Disclaimer of Warranty and Limitation of Liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PEARLL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, INCLUDING THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES, THAT THE SERVICES WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED. PEARLL PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PEARLL’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PEARLL, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AGENTS, ITS CLIENTS, ITS SUPPLIERS, ITS LICENSORS AND ITS LICENCEES HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICES, WHETHER FORESEEABLE OR NOT, AND EVEN IF PEARLL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT PEARLL IS FOUND LIABLE TO PAY YOU ANY DAMAGES, PEARLL’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED CA$100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

Fraudulent or Illegal Activities

If we believe, in our sole discretion, that you might be using our Services for fraudulent or illegal activities, we have the right to immediately close your account without any prior notice to you.

Modifications

We may revise this Agreement from time to time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on our website). You agree to review the terms of this Agreement from time to time and, in any case, each time we will notify you of changes thereto and by continuing to use or access the Services after the revisions come into effect, you will agree to be bound by the revised terms of this Agreement.

General Provisions

This Agreement shall be governed by and construed by the laws applicable in the Province of Quebec, Canada. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.

This Agreement is the entire and exclusive agreement between PEARLL and you regarding the Services, and this Agreement supersedes and replaces any prior agreements between PEARLL and you regarding the Services.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of PEARLL, which consent is within PEARLL’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. PEARLL shall be allowed to assign this Agreement to any third party without requiring your consent, in which case PEARLL will only be released from all its obligations towards you hereunder if the assignee agrees in writing to assume and be bound by such obligations.

Nothing in this Agreement shall constitute a partnership or joint venture between you and PEARLL.

If a particular provision of this Agreement is held to be invalid within a given jurisdiction by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement for that jurisdiction and shall not affect the validity of this Agreement as a whole.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.

Contact

If you have any customer service inquiries, concerns, questions or complaints regarding this Agreement, please contact PEARLL at: support@pearll.com.

The current Agreement last update was September 16, 2020.