Galliant Now Agreement
Terms & Conditions
Effective Date: June 1, 2021
These Terms and Conditions ("Terms and Conditions") form a legal agreement between Galliant LLC, a Delaware limited liability company (“Galliant” or the “Company”) and you, the individual ("you", "your", and “Participant”) concerning your access to and use of the various services offered through the Platform (as defined below). Use of the Platform constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.
Galliant, on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries, makes certain telehealth related information available to you and/or facilitates your access to expert healthcare services . Galliant owns and operates the mobile application Galliant Now that requires you to create an account (the "Platform").
By using the the Platform, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to the Platform. Please print a copy of these Terms and Conditions for your records.
Modifications to these terms and conditions
Galliant may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Galliant will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on its website. The amended Terms and Conditions will also appear when the Platform is accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platform. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Platform and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Platform after such changes are posted, you agree and consent to all such changes.
Access to the Platform
You may access and use the Platform via remote access connectivity. Galliant grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform in accordance with these Terms and Conditions. In order to use the Platform, you will be asked to register an account with WhatsApp, a third party application. You will comply with any guidelines provided by WhatsApp and promptly notify Galliant if you learn of a security breach related to Galliant Now. You must immediately notify Galliant of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platform by email to help@galliantcare.com.
Galliant’s Role
You acknowledge and agree that Galliant Now is not intended to be a substitute for advice, diagnosis, or treatment from a physician or other healthcare professional. Galliant Now is not intended as a forum for healthcare providers to provide health care services. You should consult a physician or other healthcare provider regarding any medical needs. Galliant's role is limited to making certain telehealth related information available to you. In using the Platform, you acknowledge and agree that Galliant Now is not to replace nor provide individualized services, treatment plans, or other recommendations from other healthcare providers. Galliant does not endorse and is not responsible for any information or treatment recommendations provided by other Participants.
Your representations and warranties
By registering on the Platform, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Galliant, (iii) the information you have provided to Galliant in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Platform, (v) you will not interfere with a third party's use and enjoyment of the Platform, (vi) you will not interfere with or disrupt Galliant's or its vendors' security measures, (vii) if any information you provide to Galliant becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Galliant, (viii) you acknowledge that access to information provided through the Platform are not "insured services" under any provincial health plans, (ix) you are accessing the Platform for yourself or a child under the age of eighteen for whom you are the legal guardian.
Termination
If you violate these Terms and Conditions, your ability to use the Platform will be terminated. Galliant may, in its sole discretion, terminate your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Galliant may have available at law. Further, Galliant shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Platform. Upon any termination of these Terms and Conditions, you must immediately cease use of the Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
Prohibited uses
In using the Platform, you agree not to:
Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or any other Participant using the Platform, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way;
Restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform;
Gain unauthorized access to the Platform, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform;
Send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
Violate any applicable laws or regulations in any way;
Alter or modify any part of the content or services offered on or through the Platform;
Allow any other person to use the Platform with your registration or login information;
Breach or otherwise circumvent either Galliant’s or WhatsApp’s security or authentication measures; and
Assist or permit any persons in engaging in any of the activities described above.
Intellectual property rights and content
Galliant is the sole and exclusive owner of the Platform, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platform and any related materials and documentation. No title or ownership of the Platform or any portion thereof is transferred to you hereunder. Galliant reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform.
You may provide input, comments or suggestions regarding the Platform ("Feedback"). You acknowledge and agree that Galliant may use any Feedback without any obligation to you and you hereby grant Galliant a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Galliant may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
External links
The Platform may contain links to third-party websites. Linked sites are not under the control of Galliant, and Galliant is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Galliant endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Galliant disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
No endorsements
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Galliant. Any views expressed by other Participants or third parties on the Platform are solely the views of such third party or Participant and Galliant assumes no responsibility for the accuracy or veracity of any statement made by such third party or Participant.
Indemnification and limitation of liability
You agree to defend, indemnify and hold Galliant, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a “Galliant Party” and collectively “Galliant Parties”), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform or WhatsApp; and (c) provision of other disclosure to Galliant of any other information or data and the use of same by Galliant or other Galliant Party as contemplated hereunder.
IN NO EVENT SHALL GALLIANT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Galliant shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Galliant’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
Disclaimer
The Platform is provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Galliant disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Galliant does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected or that the Platform or the server that makes it available are free of viruses or other harmful components.
Galliant makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Platform for a particular purpose. Galliant assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Choice of law and jurisdiction
These Terms and Conditions are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect.
Personal information and privacy policy
In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you and your child that you elect to provide electronically through the Platform and any other information that identifies who you are. Personal Information will be used by Galliant solely in accordance with these Terms and Conditions, and Galliant's Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Galliant in writing).
You agree that Galliant has the right to monitor and review your use of the Platform from time to time, and to use "cookies", "log files" and your "browsing data."
Waiver
No delay or omission by Galliant to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Galliant must be in writing and signed by an authorized representative of Galliant.
Entire agreement
These Terms and Conditions constitute the entire agreement between you and Galliant as it relates to the access to, and use of, the Platform and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Galliant and you.
Electronic documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Galliant's prior written consent. Galliant may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Language
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
Contact / Notices
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Galliant under the Terms and Conditions, please contact Galliant using the following contact details:
Galliant LLC
806-395-4928
Galliant may provide notices or communications to you on its website or the Platform and you agree that such notices shall constitute notice to you whether or not you actually access the notice.