Terms and Conditions

DARSOON INC.

(“DARSOON”)

 

YOU AGREE TO THE BELOW LIMITATION OF LIABILITY AND SPECIAL ACKNOWLEDGEMENT (COLLECTIVELY THE “LIMITATION OF LIABILITY”) BY ACCESSING OR USING THE WEBSITE OR REGISTERING FOR SERVICES ON THE WEBSITE (THE “SERVICES”) OFFERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS LIMITATION OF LIABILITY, DO NOT USE THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DARSOON, AND SHALL APPLY TO YOUR USE OF THE WEBSITE, AND THE SERVICES EVEN AFTER TERMINATION.

 

DISCLAIMER OF WARRANTIES

DARSOON DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DARSOON SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, DARSOON AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

DARSOON, ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE IS OPERATED AS A MARKETPLACE AND DARSOON ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM CANNOT GUARANTEE THAT ANY TUTOR THAT A USER MAY SELECT VIA THE WEBSITE WILL SATISFY ANY OF THE USER’S GOALS. FURTHER DARSOON ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM CANNOT GUARANTEE A STANDARD OF COMPETENCE OR KNOWLEDGE BASE FOR EACH TUTOR. IT IS AT THE SOLE DISCRETION OF THE USER TO PERFORM THEIR OWN RESEARCH AND SELECT ANY TUTOR VIA THE WEBSITE TO SATISFY THEIR PURPOSES. 

DARSOON ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM TAKES THE APPROPRIATE STEPS TO PROTECT THE PERSONAL INFORMATION OF ANY USERS OF THE WEBSITE IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. DARSOON ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM CANNOT GUARANTEE THAT ANY TUTORS SELECTED VIA USERS OF THE WEBSITE WILL ALSO ABIDE BY SUCH STANDARDS, AND DARSOON ITS SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM DISCLAIMS ANY LIABILITY REGARDING ANY BREACH OF PERSONAL INFORMATION BY SAID TUTOR. 

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT DARSOON LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL DARSOON, ITS SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DARSOON OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’ OR THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT SHALL COMPANY ENTITIES AND INDIVIDUAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100) CAD. COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DARSOON’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE  OR OTHER PROPERTY OWNED OR CONTROLLED BY DARSOON AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

THE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE DARSOON WEBSITE OR HEARD ON THE SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE DARSOON WEBSITE OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, DARSOON MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT MAY HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED OR GIVEN VIA THE DARSOON WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

SPECIAL ACKNOWLEDGEMENT

IN BECOMING A USER OF FITNESS SERVICES AVAILABLE ON THE WEBSITE. YOU ACKNOWLEDGE THAT EITHER: 

(A) ALL OF THE FOLLOWING STATEMENTS ARE TRUE:

  1. NO PHYSICIAN OR GENERAL PRACTITIONER HAS EVER INFORMED YOU THAT YOU HAVE A HEART CONDITION OR THAT YOU SHOULD ONLY DO PHYSICAL ACTIVITIES RECOMMENDED BY A PHYSICIAN OR GENERAL PRACTITIONER;

  2. YOU HAVE NEVER FELT CHEST PAIN WHEN ENGAGING IN PHYSICAL ACTIVITY; 

  3. YOU HAVE NOT EXPERIENCED CHEST PAIN WHEN NOT ENGAGED IN PHYSICAL ACTIVITY AT ANY TIME WITHIN THE PAST MONTH;

  4. YOU HAVE NEVER LOST YOUR BALANCE BECAUSE OF DIZZINESS AND YOU HAVE NEVER LOST CONSCIOUSNESS;

  5. YOU DO NOT HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN YOUR PHYSICAL ACTIVITY;

  6. YOU ARE OTHERWISE TO THE BEST OF YOUR KNOWLEDGE A HEALTHY INDIVIDUAL; 

  7. YOUR PHYSICIAN OR GENERAL PRACTITIONER IS NOT CURRENTLY PRESCRIBING DRUGS FOR YOUR BLOOD PRESSURE OR HEART CONDITION;

  8. YOU DO NOT HAVE A HISTORY OF HIGH BLOOD PRESSURE, AND NO ONE IN YOUR IMMEDIATE FAMILY HAS A HISTORY OF HIGH BLOOD PRESSURE OR HEART PROBLEMS; AND

  9. YOU DO NOT KNOW OF ANY OTHER REASON YOU SHOULD NOT EXERCISE; OR

(B) YOUR PHYSICIAN OR GENERAL PRACTITIONER HAS BEEN SPECIFICALLY CONSULTED BY YOU AND APPROVED OF YOUR USE OF THE DARSOON WEBSITE.

IF APPLICABLE, YOU FURTHER ACKNOWLEDGE THAT: (I) YOU ARE NOT PREGNANT, BREASTFEEDING OR LACTATING; UNLESS; AND (II) YOUR PHYSICIAN OR GENERAL PRACTITIONER HAS BEEN SPECIFICALLY CONSULTED AND APPROVED YOUR USE OF THE DARSOON WEBSITE, OR THE SERVICE.

DARSOON RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR USE OF TE WEBSITE IF WE DETERMINE THAT YOU HAVE CERTAIN MEDICAL CONDITIONS OR THAT THE REPRESENTATIONS SET FORTH ABOVE ARE UNTRUE IN ANY RESPECT.

FOR GREATER CERTAINTY THE SPECIAL ACKNOWLEDGEMENT IS ONLY APPLICABLE TO USERS OF THE FITNESS SERVICES AVAILABLE ON THE WEBSITE.