Dr. Phoebe Tsang Inc.
(“We”, “Us”, “Our”, and the “Company”)
Terms of Service
(the “Web Sites”)
If You are a parent or guardian and You provide Your consent to your child’s registration with Our Web Sites, You agree to be bound by these Terms of Service in respect of their use of the Web Sites.
2. Special Terms
We may introduce from time to time certain contests or other features or activities on the Web Sites. If We do so, there will be additional special terms and conditions that apply to such services. Subject to applicable law, any such terms and conditions will be in addition to these Terms of Service, and if a conflict arises, such additional terms and conditions will prevail over these Terms of Service.
3. Use of Content
The Web Sites are only for Your personal, non-commercial use and may not be used by You directly or indirectly in any way that is unlawful or harms any other person.
All content contained on or accessed through the Web Sites, including, without limitation, content, data, software, information and services, (collectively, the “Content”) are protected by copyright, trade secret or other proprietary rights or laws and are owned or controlled by Us or any other party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Web Sites.
In the normal course of accessing and using the Web Sites, You may download and copy the Content for personal, non-commercial use only, provided that (a) You maintain all copyright and other proprietary notices which may be contained in or accompany such Content, (b) do not use any Content in an unlawful manner, or (c) do not use any Content in a manner suggesting an association with or endorsement by Us.
Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content’s copyright notice.
You will not transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, reverse engineer, disassemble or create derivative works from any Content (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories.
You acknowledge and agree that We may, in our sole discretion, at any time and with or without notice, block or terminate Your or any other party’s access to all or part of the Web Sites or any Content, or change, suspend, or discontinue any aspect or feature of the Web Sites or any Content (including, without limitation, discontinuing either or both of the Web Sites in their entirety.
Use of the Web Sites or any software, code, device or other means allowing automated gameplay, expedited gameplay or other manipulation of any game will result in termination of any right You acquire to access or use the Web Sites. We reserve the right, in our absolute discretion, to determine what constitutes manipulation of gameplay.
Nothing in these Terms of Service will have the effect of transferring the ownership of any copyrights, trademarks, or other proprietary rights in the Web Sites or Content or any part thereof to You or any third party nor to authorize You to create any derivative work based on the Content. You agree not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.
4. Third Party Sites
The Web Sites may contain links or pointers to other web sites or resources on the Internet. Such links or pointers maintained by third parties do not constitute an endorsement by Us of any third party resources or their contents. We do not endorse or represent the accuracy or reliability of any advice, opinion, statement or other information displayed or accessed by or through such web sites or Internet resources. Your reliance upon any such third party opinion, advice, statement, or information is at Your sole risk.
YOU ACKNOWLEDGE AND AGREE THAT THE WEB SITES AND ALL CONTENT ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY. THERE IS NO SUBSTITUTE FOR A PERSONAL, INDIVIDUAL CONSULTATION WITH YOUR MEDICAL OR HEALTH CARE PROFESSIONAL. NEITHER THE WEB SITES NOR ANY CONTENT THEREON ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENTPRODUCTS, OR SERVICES. YOU WILL ALWAYS EXERCISE PRUDENT AND REASONABLE JUDGMENT AND CONSULT WITH YOUR QUALIFIED PROVIDER FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, BEFORE RELYING ON ANY CONTENT ON OUR WEB SITES .
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITES AND CONTENT THEREON ARE AT YOUR OWN RISK, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH REGARD TO THE WEB SITES OR ANY CONTENT INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF AVAILABILITY OR COMPATIBILITY, OF WORKMANLIKE EFFORT OR OF NON-NEGLIGENT PERFORMANCE. WE DO NOT WARRANT OR REPRESENT THAT WEB SITES OR ANY CONTENT WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS).
6. Limitation of Liability
Independent of, severable from and to be enforced independently of any other enforceable or unenforceable provision of these Terms of service, IN NO EVENT WILL the aggregate liability of the company, its directors, officers, employees, agents, or representatives to you (including liability to person or persons whose claim or claims are based on or derived from a right or rights claimed by you), with respect to any and all Claims at any and all times arising from or related to (I) the access to or USE OF THE WEB SITEs, (II) any unauthorized access to or use of the company’s servers, (III) any interruption or cessation of transmission to or from the web sites, (iv) any MALWARE which may be transmitted via the web sites, or (v) any errors or omissions in any content made available via the web site, whether in contract, tort (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY), strict liability, statutory liability or otherwise exceed $10. In no event will the company, its directors, officers, employees, agents, or representatives be liable to you for any consequential, indirect, special, PUNITIVE, EXEMPLARY or incidental damages, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW regardless of the success or effectiveness of other remedies.
In these Terms of Service, except as otherwise expressly provided or as the context otherwise requires:
(a) the conjunction “or” shall be understood in its inclusive sense (and/or);
(b) the words “include” or “including” when following any general term of statement are not to be interpreted as limiting the general term or statement to the specific items or matters set forth or to similar terms or matters but rather as permitting it to refer to all other items or matters that could reasonably fall within its broadest possible scope;
(c) a capitalized cognate of a defined term has a meaning corresponding to that of the defined term; and
(d) the singular of any term includes the plural and vice versa and the use of any term is equally applicable to any gender and where applicable to a corporate entity.
8. Governing Law
These Terms of Service will be governed by and interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia and Canada as if made and performed by and between parties situate in such province and without regard to any conflict of laws doctrine.
9. Mediation and Arbitration
Any and all disputes, controversy or claims arising out of or in connection with or in relation to these Terms of Service or the breach thereof, including any question regarding its existence, validity, performance or termination and any tort or other common law or statutory claim arising out of or relating to the performance of these Terms of Service (collectively, the “Dispute”), will be first subject to non-binding mediation in an effort to resolve any such Dispute by participating in a structured negotiation conference with a mediator under the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre. The mediation will be held in Vancouver, British Columbia, Canada. You and the Company agree to use best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible. All aspects of the mediation will be treated as confidential. The costs of the Mediator will be shared equally between You and the Company. The mediation may, at the option of You or the Company, occur by videoconference transmission. The party electing to participate in the mediation by videoconference will be responsible for paying the costs of one Mediator who must attend and participate in the mediation at the videoconference facility selected by the party engaging such person.
If You and the Company are unable to resolve the Dispute by the mediation procedures contemplated under Section 12 above within 15 days of the appointment of a Mediator, or such longer period of time which You and the Company may both agree to, all Disputes will be referred to and finally resolved by arbitration under the Domestic Commercial Arbitration Rules of the British Columbia International Commercial Arbitration Centre with the losing party paying all costs of arbitration (including reasonable legal fees and expenses). The place of arbitration will be Vancouver, British Columbia. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre and the determination of such arbitrator will be final and binding upon You and the Company. Judgment on the award of an arbitrator may be entered into any court having jurisdiction over the person or property of the person against whom enforcement of the judgment is sought and You and the Company each agree to and hereby waive any defences against the enforceability and execution of any such judgment awarded by the arbitrator as hereby contemplated. You hereby waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; or (b) any statutory or other right pursuant to the laws of the jurisdiction in which You are ordinarily resident to have a case or hearing relating to these Terms of Service adjudicated or resolved in that jurisdiction.
11. Appointment of Mediator and Arbitrator
Any mediator or arbitrator will be appointed, pursuant to Sections 12 and 13 above, by agreement between You and the Company or, in default of agreement, such mediator or arbitrator will be appointed by a Judge of the Supreme Court of British Columbia sitting in the Courts of Vancouver, upon the application of either You or the Company.
In any arbitration proceeding contemplated by these terms and conditions, You and the Company agree that each party will be entitled to discovery to the same extent permitted by the Supreme Court of British Columbia as if the matter were being adjudicated in such Court.
13. Exclusion of CISG
The application of the United Nations Convention on Contracts for the International Sale of Goods will not apply to any part of the transactions contemplated by these Terms of Service and the same is hereby strictly excluded. For greater certainty, these Terms of Service will be interpreted solely as the basis for the provision of services. The Web Sites are controlled and offered by Us from facilities in Canada. We make no representations that the Web Sites are appropriate or available for use in other locations. Those who access or use the Web Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.