Terms Of Service

Welcome to the Website of 5014423 Ontario Inc. which operates under the trade name “Zenula Health”  (the “Website”).  The term “Zenula Health” includes 5014423 Ontario Inc. and its officers, directors, shareholders and employees. “You” and “Your” refers to you the individual or other legal entity that is using this Website. Your use of the Zenula Health Website are subject to the following terms and conditions of use (these “Terms of Use”).

THESE TERMS OF USE LIMIT THE ZENULA HEALTH’S LIABILITY TO YOU AND YOUR RIGHT TO SUE ZENULA HEALTH FOR MATTERS RELATING TO YOUR USE OF THE WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND WILL BE BOUND BY THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, AS WELL AS THE ZENULA HEALTH PRIVACY POLICY, WHICH ARE INCORPORATED INTO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. IMPORTANT MEDICAL CAUTION: THIS WEBSITE AND THE INFORMATION INCLUDED ON IT IS NOT A SUBSTITUTE FOR PERSONALIZED MEDICAL CARE FROM A TRAINED PROFESSIONAL. IF YOU ARE IN MEDICAL DISTRESS PLEASE CALL 9-1-1 OR GO TO YOUR NEAREST EMERGENCY ROOM FOR CARE.  USE OF THIS WEBSITE DOES NOT CREATE AN EXPRESSED OR IMPLIED PHYSICIAN-PATIENT RELATIONSHIP. STATEMENTS MADE ABOUT PRODUCTS HAVE NOT BEEN EVALUATED BY ANY REGULATORY BODY. 

GENERAL INFORMATION ONLY. This Website contains general health information that may not suit your needs. Articles on this Website and the patient stories (which represent their experiences but are not edited for medical accuracy) are meant to educate You about neuro-musculo-skeletal disorders, but not to be substituted for medical advice, diagnosis or treatment of your health condition. Address questions about Your health to Your healthcare provider for specific advice. If You would like to discuss with one of our licensed professionals, then You must book an appointment. If there is a disagreement between the information presented herein and what your healthcare provider has told you, you should defer to what your healthcare provider has told you.

LIMITATION OF LIABILITY. Zenula Health does not assume any risk or liability for the materials, information and opinions provided on, or available through, the Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. Zenula Health disclaims any liability for injury or damages resulting from the use of any Site Content. YOU AGREE THAT YOU WILL NOT SUE ZENULA HEALTH FOR ANY SUCH INJURY OR DAMAGES.

THE WEBSITE ITS CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.

NEITHER ZENULA HEALTH NOR ANY PERSON ASSOCIATED WITH ZENULA HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE ZENULA HEALTH WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ZENULA HEALTH NOR ANYONE ASSOCIATED WITH ZENULA HEALTH WARRANTS OR REPRESENTS THAT THE WEBSITE AND WEBSITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ZENULA HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT EXCEPT WHERE PROHIBITED BY LAW.

NEITHER ZENULA HEALTH NOR ITS LICENSORS OR CONTRACTORS WILL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE WEBSITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ZENULA HEALTH AND WHETHER OR NOT ZENULA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION. You shall indemnify and hold harmless Zenula Health and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Website or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Website or any products, services or information obtained from this Website.

SOCIAL MEDIA. Zenula Health uses social media to share topics that may be of interest to vestibular patients and their loved ones. Articles reposted by Zenula Health are not vetted and do not necessarily reflect the views of Zenula Health or constitute an endorsement. 

UPDATES. Zenula Health may revise and update these Terms of Use at any time without notice by posting the amended terms to this Website. Your continued use of the Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.

USE OF THE WEBSITE. You agree to use the Website for lawful purposes and not do any of the following:

  1. upload to or transmit content on the Website that is misleading, defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
  2. use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
  3. intercept or attempt to intercept electronic mail not intended for you;
  4. misrepresent an affiliation with any person or organization;
  5. upload to or transmit on the Website any advertisements or solicitations of business; or files that contain a virus or corrupted data; or post “spam,” transmit chain letters or engage in other similar activities;
  6. collect information about others (including e-mail addresses) without their consent;
  7. download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website);
  8. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Zenula Health, may harm Zenula Health or users of the Website or expose them to liability.

(b) Any content and/or opinions uploaded, expressed or submitted to a contact form, chat bot, message board, chatroom or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Zenula Health, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Zenula Health. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Zenula Health, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to Zenula Health the right to use all content you upload or otherwise transmit to the Website in any manner Zenula Health chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) Zenula Health reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Website which Zenula Health, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Zenula Health has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Website. However, Zenula Health can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Zenula Health assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Zenula Health reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Zenula Health has no liability or responsibility to anyone for performance or non performance of the activities described in this paragraph.

(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.

COPYRIGHT RESTRICTIONS/USE OF CONTENT. The entire contents of this Website (including all information, software, text, displays, images, logos and audio) and the design, selection and arrangement thereof, are proprietary to Zenula Health or its licensors and are protected by Canadian and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Zenula Health Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Zenula Health. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Zenula Health, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Zenula Health or the applicable owner of such content. Except as expressly authorized by Zenula Health in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website or (c) use of this Website or of any services or materials available through this Website.

TRADEMARKS. The terms Zenula Health and all related names, logos, product and service names, designs and slogans are trademarks of Zenula Health and/or its affiliates. You may not use such marks without the prior written permission of Zenula Health. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

ONLINE PURCHASES. All purchases from the Website are governed by the Terms and Conditions of Sale, which are hereby incorporated into these Terms of Use.

DEALINGS WITH OTHER MERCHANTS. Zenula Health does not endorse the products or services of other merchants on the Website. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Zenula Health is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Zenula Health will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website. You agree that you will not sue Zenula Health for any reason whatsoever arising out of or related to your interactions or dealings with such merchants. 

PRIVACY; PROTECTION OF PERSONAL INFORMATION. Zenula Health’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Zenula Health Privacy Policy, and Personal Health Information Policy which are incorporated by reference into these Terms of Use. By uploading information to this Website, you acknowledge and agree to these policies. 

COMMENTS AND SUBMISSIONS. Zenula Health welcomes your comments. All comments, suggestions or other information sent by you to this Website for internal use by Zenula Health or its advertisers or business partners in response to solicitations on this Website will become Zenula Health’s property and you agree that all intellectual property rights therein are transferred to Zenula Health. You understand that any postings, or content submitted for posting, to publicly available portions of the Website are non-confidential for all purposes.

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES. The Website contains links to other websites on the Internet. Zenula Health is not responsible for and does not endorse the content, products, services or practices of any third-party Websites, including, without limitation, sites framed within the Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party Websites is at your own risk and subject to the terms and conditions of use for such Websites.

COMPLIANCE. The owner of this Website is based in the Province of Ontario, Canada. Zenula Health makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.

MISCELLANEOUS. (a) law of Ontario. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of law principles. (b) amendments. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Zenula Health with respect to the Zenula Health Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. (c) limitation on claims. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Attornment. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Website shall be in the Federal or Provincial courts located in Belleville, Ontario or Ottawa Ontario Canada. You agree to submit and irrevocably attorn to the jurisdiction of such courts. Read down. If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. No waiver. Zenula Health’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. No deemed modification. Neither a course of dealing or conduct between you and Zenula Health nor any trade practices shall be deemed to modify these Terms of Use.