Simini Technologies Inc. Terms and Conditions

WEBSITE AND APPS TERMS AND CONDITIONS OF USE

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

Last updated: April 3, 2023

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

This website is operated by Simini Technologies Inc. ("Simini"). Throughout the site, the terms “we”, “us” and “our” refer to Simini. Simini offers this website and any related software apps for mobile devices, including all information, tools, and services available from this site or apps (“Digital Assets”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or downloading or purchasing something from us, you engage our services (“Services”) and agree to be bound by the following terms and conditions (“Terms and Conditions of Use” or “Terms”), which include those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms apply to all users of the Digital Assets including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of User Content or Content ( both as defined below).

By accessing or using the Digital Assets or Services, you agree to be bound by these terms and conditions. Please read them carefully. If you do not agree to all the terms and conditions of this agreement, then you do not have permission to access the Digital Assets or use any of the Services.

Simini "may revise and update these Terms and Conditions at any time. Your continued usage of the Digital Assets will mean you accept those changes.

The Site Does Not Provide Veterinary Advice

The contents of the Digital Assets, such as text, lists, graphics, images, videos, downloads, and other materials created by Simini or obtained from Simini's licensors, and other materials contained on the Digital Assets (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian, veterinary surgeon or other qualified health provider with any questions you may have regarding a veterinary condition. Never disregard professional veterinary advice or delay in seeking it because of something you have read on the Digital Assets!

If you think you may have a veterinary emergency, call your veterinarian or local veterinary emergency hospital immediately. Simini does not recommend or endorse any specific tests, veterinarians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Simini, Simini employees, others appearing on the Site at the invitation of Simini, or other visitors to the Digital Assets is solely at your own risk.

Communications
When you use any of the Services you are communicating with us electronically. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You consent to receive communications from us electronically. We may communicate with you electronically in a variety of ways, including but not limited to, by email or by posting notices and messages on the Digital Assets. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By creating an account with us, you have the option to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You will still receive transactional emails when using our Service.

Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16. Please also see our Privacy Policy https://simini.com/privacy-policy 

Use of the Content
The Content posted on this Site is protected by the copyright laws in Canada, the United States and internationally. Simini authorizes you to view or download a single copy of the Content on the Sites solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2020, Simini Technologies Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Simini Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with Simini or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Simini. All rights not expressly granted herein are reserved to Simini and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 Accounts
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. Please see our Privacy Policy to understand what information we collect and how we protect your privacy.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer or other device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Liability of Simini and Its Licensors
The use of the Digital Assets and the Content is at your own risk.

When using the Digital Assets, information will be transmitted over a medium that may be beyond the control and jurisdiction of Simini and its suppliers. Accordingly, Simini assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Digital Assets.

The Digital Assets and the Content are provided on an "as is" basis. SIMINI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Simini, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Digital Assets or Simini.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Digital Assets.

In no event shall Simini, its licensors, its suppliers, or any third parties mentioned on the Simini Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Digital Assets or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Simini, its licensors, its suppliers, or any third parties mentioned on the Simini Site are advised of the possibility of such damages. Simini, its licensors, its suppliers, or any third parties mentioned on the Digital Assets shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Simini, its licensors, its suppliers, or any third parties mentioned on the Digital Assets are not liable for any personal injury, including death, caused by your use or misuse of the Digital Assets, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Digital Assets, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

User Content and Submissions
The personal information you submit to Simini is governed by the Simini Privacy Policy, available here: [insert link]. To the extent there is an inconsistency between this Agreement and the Simini Privacy Policy, this Agreement shall govern.

The Digital Assets may contain functionality and other interactive areas, including blogs, ands comments sections, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and other applicable polices, such as our Privacy Policy. Simini reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms or our other policies, such as our Privacy Policy. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that Simini is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to Simini by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Simini by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Simini by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Simini a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Simini may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Simini by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos, or audio) on the Digital Assets or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Digital Assets or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or the Simini Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Digital Assets.

By uploading any media on the Digital Assets or a Social Media Platform like a photo or video: (a) you grant to Simini a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Simini to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify Simini and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms 

Simini reserves the right, but does not have the obligation, to review all media prior to submission to the Digital Assets and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords
Simini has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Simini passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Simini account and password; (3) promptly inform Simini if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located on our website. You grant Simini and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Simini cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Simini Digital Assets, tools and services.

User Content Guidelines
If you use, or post User Content on, a Public Area such as blogs, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Simini and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think your pet may have a veterinary emergency, call your veterinarian or local animal emergency hospital immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:


1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, provincial, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Simini in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Digital Assets, or which, in the judgment of Simini, exposes Simini or any of its customers or suppliers to any liability or detriment of any type.

Simini Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
4. Terminate a user's access to any or all Public Areas and/or the Digital Assets upon any breach of these Terms.
5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
6. Edit or delete any communication(s) posted on the Digital Assets, regardless of whether such communication(s) violate these standards.

Simini or its licensors have no liability or responsibility to users of the Digital Assets or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites
Simini may provide links to third-party web sites. Simini also may select certain sites as priority responses to search terms you enter and Simini may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Simini does not recommend and does not endorse the content on any third-party websites. 

Simini is not responsible for the content of linked third-party sites, sites framed within the Digital Assets, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their 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 sites..

Indemnity
You agree to defend, indemnify, and hold Simini, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms.

General
Simini is based and has its principal offices in Whitby, Ontario in Canada. Simini makes no claims that the Digital Assets and the Content are appropriate or may be downloaded outside of the Canada or the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the Digital Assets from outside the United States and Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: ownership provisions, warranty disclaimers, Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Simini, or in any way relating to your use of the Digital Assets, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any such dispute including any claim involving Simini or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms are governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Digital Assets infringe your copyright, you may request removal of those materials (or access thereto) from the Digital Assets by contacting the email below (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Contact for copyright issues relating to this web site is as follows:

 Simini Technologies Inc.
Attn: Copyright Officer
cd@simini,com

In an effort to protect the rights of copyright owners, Simini maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Digital Assets who are repeat infringers.

Complete Agreement
These Terms and the Simini Privacy Policy constitute the entire agreement between you and Simini with respect to the use of the Digital Assets, and Content.

Thank you for your cooperation. We hope you find the Simini.com, Surgerysam.com, GetYourClinicApp.com, Ordersimini.com, SiminiReview-mobile.com and other white label versions of app.surgerysam.com for individual veterinary clinics web application Sites helpful and convenient to use! Questions or comments regarding these websites, including any reports of non-functioning links, should be submitted to cd@simini.com



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