BioConnect Mobile Application – Terms of Service
Updated May 12, 2022
Our BioConnect Mobile application is provided by BioConnect Inc. (“BioConnect”), which is located at 109 Atlantic Avenue, Suite 202, Toronto, Ontario, Canada, M6K 1X4.
Terms of Service
Please read the following carefully. By using BioConnect Mobile, you are agreeing to be legally bound by the following terms and conditions. If you do not agree with these Terms of Service, you should not use the Application and shall delete it from your Device.
IMPORTANT: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. SEE SETTLEMENT OF DISPUTES SECTION BELOW FOR MORE INFORMATION.
Definitions
1. The following terms have the following meanings in these Terms of Service:
(i) “Application” means the BioConnect Mobile application, which allows you to use biometric and other information to gain access to an Enterprise’s digital and physical spaces (and which includes any updates, fixes or patches to the application developed from time to time and made available by BioConnect).
(ii) “Device” means the smartphone, computer or other device on which you download, install or access the Application.
(iii) “Enterprise” means the organization whose digital or physical spaces you seek to gain access to by using the Application.
(iv) “Template(s)” means a digital representation of your distinct characteristics that have been extracted from a biometric sample obtained from your Device.
(v) “Terms of Service” or “Terms” means these terms and conditions, as updated from time to time.
(vi) “you” means the person who downloads or uses the Application.
Use and Acceptance
2. You agree to the following terms of use and acceptance:
BY ACCEPTING THESE TERMS AND CONDITIONS, DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (IF YOU ARE NOT OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, YOU HAVE OBTAINED YOUR PARENT’S OR GUARDIAN’S ACCEPTANCE TO THIS AGREEMENT ON YOUR BEHALF); AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE APPLICATION AND DELETE THE APPLICATION FROM YOUR DEVICE.
YOU UNDERSTAND THAT THE PROPER OPERATION OF THE APPLICATION DEPENDS ON YOUR ENTRY OF TRUTHFUL AND ACCURATE INFORMATION WHERE APPLICABLE. YOU AGREE, REPRESENT AND WARRANT THAT ALL INFORMATION YOU ENTER INTO THE APPLICATION IS TRUTHFUL AND ACCURATE. MOREOVER, YOU UNDERSTAND THAT YOUR VERSION OF THE APPLICATION, OR A PART THEREOF, MAY BE CONFIGURED BY AN ENTERPRISE WHICH YOU MAY INTEND TO VISIT, WHEREIN SUCH CONFIGURATION MAY PROVIDE OR DENY YOU ACCESS TO A LOCATION, DIGITAL SPACE, BUSINESS OR ORGANIZATION. YOU UNDERSTAND THAT BIOCONNECT IS NOT RESPONSIBLE IN ANY WAY FOR THE DECISION OF THE ENTERPRISE TO PERMIT OR DENY YOU SUCH ACCESS AND BIOCONNECT IS NOT RESPONSIBLE IN ANY WAY FOR SUCH CONFIGURATION, INCLUDING THE OPERATION OF THE APPLICATION BASED ON SUCH CONFIGURATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS RELATED TO THE USE OF THE OPERATION OF THE APPLICATION BASED ON THE CONFIGURATION OF THE ENTERPRISE.
IF YOU ARE A PERSONNEL OF SUCH ENTERPRISE, YOU AGREE ON BEHALF OF SUCH ENTERPRISE THAT BIOCONNECT IS NOT RESPONSIBLE IN ANY WAY FOR THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION ENTERED BY YOU OR OTHER END USERS, AND THAT BIOCONNECT IS NOT RESPONSIBLE IN ANY WAY FOR THE CONFIGURATION YOU OR SUCH ENTERPRISE USE TO CONFIGURE A VERSION OF THE APPLICATION OR A PART THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE ON BEHALF OF SUCH ENTERPRISE THAT THE ENTERPRISE SHALL BE SOLELY RESPONSIBLE FOR THE CONFIGURATION AND ALL DECISIONS TO PROVIDE OR DENY ACCESS TO ANY END USERS.
Account Terms & Your Responsibilities
3. The Application is licensed, not sold, to you by BioConnect. These Terms of Service give you no title or ownership and are not a sale of any rights in the Application. Subject to your compliance with these Terms of Service, you are granted a limited, non-assignable, non-exclusive, non-sub-licensable and non-transferable right to download, install and use the Application for your personal, non-commercial use through a single Device owned or otherwise controlled by you. Use of the Application outside the scope of these Terms of Service, in addition to any other remedy available to BioConnect, will void the warranty and/or support obligations to which you may otherwise be entitled and will negatively impact your ability to enter your Enterprise’s digital and physical spaces. BioConnect and its licensors reserve all rights (including ownership and intellectual property rights), not expressly granted to you under these Terms of Service. BioConnect’s licensors are intended third party beneficiaries of these Terms of Service and have the express right to rely upon and directly enforce these terms. There are no implied licenses granted by BioConnect under these Terms. Except as expressly set out in this document, you have no rights to the Application. BioConnect may revoke your license to use the Application at any time, and upon any revocation you agree to immediately stop using the Application. You agree that your breach of these Terms of Service will cause BioConnect irreparable damage for which recovery of money damages would be inadequate and that BioConnect therefore may obtain timely injunctive relief to protect its rights, in addition to any other remedy available at law or in equity.
4. You must not use the Application except as permitted by these Terms. You must not:
a. alter, decompile, disassemble, modify, unbundle or create any derivative works of the Application or the underlying source code in any way, including without limitation customization, translation or localization;
b. port, emulate the functionality, reverse compile, reverse assemble, reverse engineer, create derivative works, or otherwise reduce to human readable form or attempt to separate any of the components of the Application or derive the source code for the Application;
c. copy, redistribute, encumber, sell, rent, lease, license, sublicense, or otherwise transfer rights to the Application or use the Application for the benefit of any third party or on a hosted basis;
d. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Application;
e. disclose the results of testing, benchmarking or other performance or evaluation information related to the Application to any third party without the prior written consent of BioConnect;
f. access or use the Application for any competitive purposes (ie. to gain competitive intelligence; to design or build a competitive product or service, or a product providing features, functions or graphics similar to those used or provided by BioConnect; to copy any features, functions or graphics; or to monitor availability, performance or functionality for competitive purposes); or
g. cause, encourage or permit any third party to do any of the foregoing.
5. If you believe that any of the foregoing restrictions are prohibited by local law, you agree to provide BioConnect with at least ninety (90) days’ advance written notice of your belief and provide all reasonably requested information to BioConnect to evaluate your claim. BioConnect may, in its discretion, impose reasonable conditions, including a fee, on such use of the Application, or offer to provide alternatives to ensure that BioConnect’s proprietary rights in the Application are protected and to reduce any adverse impact on BioConnect’s proprietary rights. Alternatively, BioConnect may terminate or deny a license to use the BioConnect Mobile Application.
6. The Enterprise (and not BioConnect) is solely responsible for your access to the Enterprise’s digital and physical spaces and ensuring that your information and access is reliable and secure.
7. Through the Application, a Template of your biometrics will be stored on your Device. You are responsible for maintaining control of your Device and you must take reasonable steps to prevent access to your Device by any individuals other than yourself. BioConnect is not responsible for the encryption or security of your Device(s). BioConnect has no liability for any loss, damage or misappropriation of Your Data or any other information under any circumstances or for any consequences.
8. You agree to the following responsibilities in using BioConnect Mobile:
a. you will not use the Application if:
(i) there are any biometrics other than your own stored on your Device;
(ii) you share your Device with any other individuals; or
(iii) you have shared your Device passcode or other security features with any other individuals.
b. After you have enabled the Application, you will not permit any biometrics, other than your own, to be used on your Device.
c. You agree to unlink your Device from the Application before transferring, sharing or disposing of your Device.
d. You accept responsibility for any transaction(s) carried out through our Application on your Device while biometrics are enabled, regardless of whether the transaction was completed by you, by any other person with biometrics saved on your Device, by any other person who gains access to your Device, or otherwise.
e. You must provide to the Application information that is accurate, complete, and current at all times. Failure to do so is a breach of these Terms of Service.
f. You must notify the Enterprise immediately upon becoming aware of any breach of security or unauthorized use of your BioConnect Mobile account or the Application.
Privacy
9. When you download, install or use the Application, BioConnect may use automatic means (including for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by BioConnect with respect to your information in compliance with the Privacy Policy.
Intellectual Property
10. In no event shall any intellectual property rights or any ownership rights be granted to you by BioConnect, subject only to your revocable license to use the Application in accordance with these Terms of Service. BioConnect retains all intellectual property rights to the Application. The Application is protected by copyright and all trademarks and patented innovations used in connection with the Application are owned by BioConnect. These Terms of Service govern the legal relationship between you and BioConnect in relation to the Application and supersede and replace any prior or other agreements. All suggestions or feedback provided by you to BioConnect with respect to the Application or its other offerings shall be available to BioConnect to use. To the extent you provide feedback to BioConnect, you grant to BioConnect and its affiliates a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import and otherwise exploit such feedback (including by incorporation of such feedback into the Application) without restriction.
11. The Application may use or include open source software components. The list of open source components is available from BioConnect by emailing a request to info@bioconnect.com. BioConnect reserves the right to add or delete open source components from time to time.
12. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the Application, or any other BioConnect product or service, infringe upon your copyright, then you (or your agent) should send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
13. BioConnect may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, ” Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BioConnect has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality, and that BioConnect reserves the right to charge fees for the Application in the future. Based on your Device settings, when your Device is connected to the internet either, in BioConnect’s sole discretion:
a. the Application may automatically download and install all available Updates; or
b. you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and you acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
No Warranties
14. Under these Terms of Service, BioConnect does not make any representations, warranties or conditions with respect to the Application. Your use of the Application is at your sole risk.
15. Disclaimer of Warranties. The Application is provided “as is” and “as available”, without warranty of any kind, either expressed, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of others or any other third party rights, uninterrupted service, or freedom from computer viruses and other harmful components. BioConnect shall not in any circumstances, regardless of whether advance notice is given of the possibility of damages, be liable to any person for any damages whatsoever, including but not limited to any special, incidental, indirect or consequential damages resulting from use of, or reliance upon, the Application. No oral or written information or advice given by BioConnect or its authorized representatives shall create a warranty of any kind.
Without limitation to the foregoing, BioConnect provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
16. Exclusion of liability: TO THE EXTENT PERMITTED BY LAW, BIOCONNECT EXPRESSLY EXCLUDES LIABILITY TO YOU OR ANYONE ELSE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE IN RESPECT OF THE USE OR UNAVAILABILITY OF THE APPLICATION, REGARDLESS OF WHETHER BIOCONNECT WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING SAME, IN NO EVENT SHALL BIOCONNECT (OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS OR AFFILIATES) BE LIABLE FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $50.00 RESULTING FROM THESE TERMS, ANY ACCESS OR USE OF THE APPLICATION, YOUR OR ANYONE’S INABILITY TO ACCESS OR USE THE APPLICATION, ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON OR RELATED TO THE APPLICATION, ANY CONTENT OBTAINED FROM OR THROUGH THE APPLICATION AND THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR CONTENT, OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND EVEN IF A WARRANTY OR REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. The Internet is not a fully secure communication medium, and therefore confidentiality and privacy cannot be ensured. Without limiting any other limitation of liability set out in these Terms, BioConnect shall not be liable for any damages whatsoever, including but not limited to indirect, special, incidental or consequential loss or damage resulting from the transmission of confidential or personal information regardless of whether BioConnect was advised of the possibility of such loss or damage.
18. You indemnify BioConnect and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application, or other BioConnect products or services or your breach of this Agreement.
Governing Law
19. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations or import regulations in the country in which you reside. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, import, or release is prohibited by law, rule, or regulation. You shall comply with all applicable national and federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export or import license or other governmental approval), prior to exporting, re-exporting, importing, releasing, or otherwise using or making the Application available outside the US or in the country in which you reside.
20. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any of its contractors, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
21. If you breach these Terms of Service, BioConnect may pursue any and all remedies available to it, by operation of law or otherwise. However, BioConnect’s failure to enforce any Terms of Service shall not act as a waiver of its right to do so. BioConnect shall not be responsible for any purported breach of these Terms of Service caused by circumstances beyond its reasonable control. Only you and BioConnect shall have rights of enforcement of these Terms of Service. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Service. These Terms of Service shall be interpreted and enforced in accordance with the provincial laws of Ontario (and the federal laws of Canada applicable there). The courts of Toronto, Ontario, Canada shall have sole jurisdiction to hear disputes relating to these Terms. If any of these Terms are determined to be unenforceable by a court of competent jurisdiction, then the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. Each party submits to personal jurisdiction and venue in Ontario, Canada for any and all purposes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. The Application is subject to the export control laws of Canada, the United States and applicable export and import control laws of other countries. You agree to comply with and use the Application in a manner consistent with such applicable laws. All rights to use the Application are granted on condition that such rights are forfeited if you fail to comply with these Terms of Service. You represent that (1) you are not, and are not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States or Canada has prohibited export transactions; or (b) any person or entity listed on the sanctions lists of either Canada or the United States; and (2) You will not permit the Application, directly, or indirectly, to be used for any purposes prohibited by law.
Settlement of Disputes
23. BioConnect and you agree that it would be advantageous to discuss and hopefully resolve any controversy, allegation, or claim arising out of or relating to the Application, any other BioConnect products or services or these Terms (collectively, “Dispute”) before formal proceedings are initiated; provided, however, that BioConnect need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other Disputes referred to as “General Disputes”). The party making a claim – whether you or BioConnect – shall send a letter to the other side briefly summarizing the claim and the request for relief. If BioConnect is making a claim, the letter shall be sent, via email, to the email address listed in your BioConnect account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are making a claim, the letter shall be sent to BioConnect Inc., 202-109 Atlantic Avenue, Toronto, ON M6K 1X4, Attention: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate arbitration proceedings as set forth below. Either you or BioConnect, however, may seek provisional remedies (such as preliminary injunctive relief) before the expiration of this sixty (60)-day period.
24. All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Settlement of Disputes section, which is not settled through co-operation as referenced above, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Toronto, Ontario, Canada before a single arbitrator. If the matter in dispute is between BioConnect and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree within 30 days, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing unless prohibited by applicable local laws, rules, or regulations or by JAMS. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a Dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a Toronto, Ontario court of competent jurisdiction, or, if sought by BioConnect, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the applicable venue, which may be made ex parte, for confirmation and enforcement of the award.
25. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE APPLICATION OR OTHER PRODUCTS AND SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, SERVICES, SUBMISSIONS, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY BIOCONNECT (DEFINED BELOW) OR A LICENSOR OF BIOCONNECT.
26. Class Action Waiver. As permitted by applicable law, both you and BioConnect waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
27. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SETTLEMENT OF DISPUTES SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
28. Notwithstanding the foregoing, either of us may bring a qualifying claim of a General Dispute (but not IP Disputes) in small claims court, subject to the waiver of jury above.
29. The provisions of this Settlement of Disputes section shall supersede any inconsistent provisions of any prior agreement between the parties. This Settlement of Disputes section shall remain in full force and effect notwithstanding any termination of your use of the Application or other products or services from BioConnect, or these Terms.
30. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO A DISPUTE OR THESE TERMS, THE APPLICATION OR ANY OTHER BIOCONNECT PRODUCTS OR SERVICES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Changes to these Terms of Service & Offerings
31. BioConnect reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time with no notice. You may view BioConnect’s website at https://bioconnect.com/legal/ for an up-to-date version of these Terms of Service and Privacy Policy, or you can request a copy by emailing info@bioconnect.com. By continuing to access or use the Application after revisions become effective through the posting of such revisions on the BioConnect website, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the Application.
32. Availability of and prices for the Application and any other BioConnect products or services are subject to change without notice. BioConnect reserves the right at any time to modify or discontinue the Application or any other products or services without notice at any time. BioConnect shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our products and services. In the event any product or service is listed at an incorrect price due to typographical error or error in pricing information for any other reason, BioConnect shall have the right to refuse or cancel any orders placed at the incorrect price. BioConnect shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
33. These Terms, the other documents referenced herein and our Privacy Policy constitute the entire agreement between you and BioConnect with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
34. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
35. You agree that: (a) these Terms will be in the English language (vous acceptez que ces conditions soient redigees en anglais); (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Application, (c) these Terms are a legal agreement between you and BioConnect that are in effect from the time you download or install the Application, until such time as you delete it from all Devices or the agreement is terminated by BioConnect, however such terminations shall not limit BioConnect’s rights to enforce any of these Terms, and (d) you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.