Welcome to www.bluepoppyhealth.com (the “Website”). The Website and its content are owned by Blue Poppy Health (the “Blue Poppy Health”, “we”, or “us”). The term “you” refers to the user or viewer of our Website.
Please read these Terms and Conditions (“T&C”) carefully. By using the Website and its content you are agreeing to be bound by these T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use the Website or the products or services offered through it.
1. Acceptance of Terms
1.1. These T&C comprise an electronic contract that establishes the legally binding terms you must accept to use the Website. The T&C include Blue Poppy Health’s Privacy Policy.
1.2. By accessing or using the Website, you accept the T&C. We reserve the right to, at our sole discretion, change, modify, add, or delete portions of these T&C at any time without further notice. Should the T&C change, we will post changes to the T&C on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the revised T&C.
1.3. If you breach any provision of these T&C, your right to access and use the Website shall cease immediately.
1.4. If you have purchased a service, program, product or subscription, or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
2. Website Use and Consent
2.1. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Website (“Content”) without notice from time to time. We reserve the right to suspend or discontinue the Website, in whole or in part, without notice. We shall not be liable to you for any modification, suspension, or discontinuation of the Website.
2.2. We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited.
2.3. You are not permitted to use the Website:
a) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by these T&C;
b) to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
d) to use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
f) to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
g) to harass or interfere with any other user’s use and enjoyment of the Website;
h) to use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
j) to licence, sell, rent or lease any part of the Website.
2.4. By accessing or using the products and/or services provided through the Website, you represent and warrant that you are at least 19 years old or the age of majority in the jurisdiction in which you reside, and that you agree to abide by these T&C.
2.5. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
3. Intellectual Property Rights
3.1. Blue Poppy Health owns and retains all proprietary rights in the Website and in all Content and any trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Blue Poppy Health.
3.2. By accessing the Website and its Content or services, you agree that:
a) you will not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website;
b) you will not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices; and
c) you will not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you.
3.3. Subject to Article 2.2, no licence is granted to you or any other party for the use of Blue Poppy Health’s intellectual property. No other rights of use or ownership are granted to you.
4. Request for Permission to Use Content
4.1. Any request for permission to use our Content, or any other intellectual property or property belonging to us, must be made BEFORE you use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected].
4.2. If you are granted permission by us, you agree to only use the specific Content you have been granted permission to use and only in the ways for which we have granted you permission. If you choose to use the Content in ways that we do not specifically give you permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the timeframe that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.
5. User Content
5.1. You shall retain ownership of any views, opinions, comments, content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through the Website (the “User Content”). You grant (and you represent and warrant that you have the right to grant) to Blue Poppy Health an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works including for marketing purposes and for use on the Website, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content.
5.2. You are not to collect, upload, transmit, display, or distribute any User Content that:
a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
c) is harmful to minors in any way; or
d) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.3. You are responsible for your User Content. We do not sponsor or endorse your User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the T&C or otherwise create liability for us or any third party. Such action may include removing or modifying your User Content and/or reporting you to law enforcement authorities.
5.4. We make no guarantees regarding the accuracy, currency, suitability, or quality of any content from other users. Your interactions with other Website users are solely between you and such other users. You agree that Blue Poppy Health will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
5.5. We are not obligated to keep a backup of the User Content. We accept no liability for lost User Content.
6. Disclaimers
6.1. Medical Disclaimer: This Website and its Content are not, and should not be perceived or relied upon in any way as, health, medical, or nutritional advice. The information provided through our Website and its Content is for informational purposes only and is not intended to be a substitute for professional advice that can be provided by your own physician, naturopath, or other health professional. We are not giving health or medical advice in any way. Any statements or claims about the possible health benefits of any foods or supplements have not been evaluated by Health Canada and are not intended to diagnose, treat, cure or prevent any disease. You are hereby advised to consult with your own health professional for any and all questions and concerns you have regarding your own health or fertility pertaining to your specific situation. You agree that we are not responsible for your health outcomes, the success or failure of your birth control, the health of your pregnancy or children, your hormonal balance, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.
6.2. Warranties Disclaimer: We make no warranties as to our Website or its Content. You agree that our Website and its Content are provided on an “as is” and “as available” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or its Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website or its Content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Website or its Content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content.
6.3. Technology Disclaimer: We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.
6.4. Errors and Omissions: We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
7. Third Party Links
7.1. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss or damage that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
8. Indemnification
8.1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms of Service and/or any of the representations and warranties set forth above.
9. Limitation of Liability
9.1. You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers shall be held responsible or liable in any way for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the Website, its Content, or any information, products or materials that you request or receive through or on our Website and its Content, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.
9.2. Without limiting the generality of the above, assume no liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind arising from your use of the Website, its Content, or any information, products or materials that you request or receive through or on our Website and its Content. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.
9.3. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to use the Website. You acknowledge and agree that such provisions are reasonable and fair.
10. Privacy
10.1. Blue Poppy Health will not share any personal information and your contact information will only be used for our communications and notifications. Please refer to the Blue Poppy Health Privacy Policy for further information.
11. Online Commerce
11.1. Certain sections of the Website may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant, and/or our payment processing company.
11.2. Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. For more information regarding a payment processing company or merchant and its terms and conditions that may apply, visit that payment processing company’s or merchant’s website directly.
12. Termination
12.1. We reserve the right in our sole discretion to refuse or terminate your access to the Website, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.
13. Applicable Law
13.1. You agree that these T&C and the relationship between you and Blue Poppy Health shall be governed by the laws of the Province of British Columbia and Canada without regard to its conflict of law provisions. You and Blue Poppy Health agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia.
14. Waiver and Severability of Terms of Service
14.1. The failure of Blue Poppy Health to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions.
15. Notice
15.1. Blue Poppy Health may deliver notice to you under these T&C by means of electronic mail or a general notice on the Website.
16. Assignment
16.1. We may assign our rights and obligations under these T&C. The T&C will inure to the benefit of our successors, assigns and licensees.
If you have any questions about these T&C, please contact us at [email protected].