Terms of Use
COVID.safe Terms of Use
THE COVID.safe (“COVID.safe”, “we”, or “us”) WEBSITE LOCATED AT covidsafe.services (the “Website”) IS OWNED AND OPERATED BY GATA LABS INC. ANY REFERENCE TO “COVID.safe” SHALL ALSO INCLUDE GATA LABS INC. THESE TERMS OF USE (these “Terms”) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THE WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE.
BY USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.
The Service. In collaboration with certified health professionals, the COVID.safe service provides users with information concerning the COVID-19 pandemic, including regulatory guidelines on COVID-safe handling of goods and provision of services, through the Website (the “Service”). COVID.safe also provides qualified organizations with the opportunity to register through the Website indicating that they have complied with such guidelines. Such qualified organizations will obtain a “COVID.safe” badge (a “COVID.safe Badge”), which may be displayed on that organization’s own website and promotional materials.
Fees. There are no fees to use the Service or obtain a COVID.safe Badge.
Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not COVID.safe, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. COVID.safe does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will COVID.safe be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service. COVID.safe reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. COVID.safe also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Website and/or Service, you shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of an other's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. COVID.safe will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License. Except for User Content, the Website, and information and materials that it contains, including the COVID.safe Badge, is the property of COVID.safe and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, COVID.safe grants you a non-transferable, non-exclusive, license to use the Website for your use and display the COVID.safe Badge on your organization’s website and promotional materials if your organization qualifies (the “License”). Nothing in these Terms gives you a right to use the COVID.safe names, trademarks, logos, domain names, and other distinctive brand features, including the COVID.safe Badge, without our prior written consent unless expressly permitted to do so herein. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future update or other addition to functionality of the Website shall be subject to the terms of these Terms.
Feedback. If you provide COVID.safe with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), COVID.safe may use such Feedback in the Website or in any other COVID.safe products or services (collectively, "COVID.safe Offerings"). Accordingly, you agree that: (a) COVID.safe is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to COVID.safe, (c) COVID.safe (including all of its successors and assigns and any successors and assigns of any of the COVID.safe Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any COVID.safe Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from COVID.safe or any of the other users of the Website in respect of the Feedback.
Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by COVID.safe. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by COVID.safe of that third party, third party product or service. COVID.safe is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that COVID.safe endorses or accepts any responsibility for the content or use of such websites, and you hereby release COVID.safe from all liability and damages that may arise from your use of such websites or receipt of services from any such websites.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." COVID.safe SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. COVID.safe DOES NOT VERIFY WHETHER AN ORGANIZATION DISPLAYING A COVID.SAFE BADGE COMPLIES WITH THE REGULATORY GUIDELINES ON THE WEBSITE. THE WEBSITE AND ANY DISPLAY OF A COVID.SAFE BADGE ON AN ORGANIZATION’S WEBSITE OR PROMOTIONAL MATERIALS ARE NOT INTENDED IN ANY WAY TO GUARANTEE THE COMPLIANCE OF SUCH ORGANIZATION WITH THE REGULATORY GUIDELINES DISPLAYED ON THE WEBSITE AND SHOULD NOT BE RELIED UPON FOR SUCH PURPOSES. COVID.safe MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR CURRENCY OF THE INFORMATION CONTAINED ON THE WEBSITE AND ASSUMES NO LIABILITY FOR ANY INACCURATE OR INCOMPLETE INFORMATION, OR FOR ANY ACTIONS TAKEN IN RELIANCE UPON ANY INFORMATION PROVIDED ON THE WEBSITE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL COVID.safe AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY HEALTHCARE ADVICE AND WHETHER ORGANIZATIONS DISPLAYING A COVID.SAFE BADGE COMPLY WITH THE REGULATORY GUIDELINES ON COVID-SAFE HANDLING OF GOODS AND PROVISION OF SERVICES DISPLAYED ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF COVID.safe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD COVID.safe AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS.
Termination. COVID.safe may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with COVID.safe, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by COVID.safe in its sole discretion and that COVID.safe shall not be liable to you or any third-party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by COVID.safe shall be in addition to any and all other rights and remedies that COVID.safe may have.
Availability & Updates. COVID.safe may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. COVID.safe may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally unsecure and COVID.safe cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. COVID.safe will not be liable for any loss or damage arising from your failure to comply with these requirements.
General. These Terms, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by COVID.safe. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of COVID.safe to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by COVID.safe must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without COVID.safe’s prior written consent.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: info@covidsafe.services.
Last Updated: April 15, 2020
