Terms of Use and Conditions

AshNu Technologies Inc.

Effective: September 9, 2020

Welcome to AshNu Technologies Inc.!

These Terms of Use and Conditions outline the rules and regulations for the use of our website, www.infopathy.com.

The following terminology applies to these Terms of Use and Conditions: “we”, “our”, and “us” refers to AshNu Technologies Inc.. “You”, “your”, “visitors”, “users”, “members” and “customers” refers to you, the person accessing this website and/or using our service and accepting AshNu Technologies Inc. Terms of Use and Conditions. “Website”, "Infopathy" and “Infopathy platform” refers to our website www.infopathy.com and pages within this website. “Terms of Use” refers to the Terms of Use and Conditions of this website. Visiting our Website and/or receiving products and services from us, regardless of whether fees are charged, are referred to as “Services”.

Before using this Website, please carefully read the Terms of Use written herein as well as our Disclaimer and Privacy Policy. By using our Website and/or our Services, you agree and acknowledge that you have read our Disclaimer and agreed to be bound by our Terms of Use and consent to the collection and use of your information as stated in our Privacy Policy. The Terms of Use and our Privacy Policy apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not accept, in full, both our Terms of Use and our Privacy Policy, do not continue to visit our Website and/or use our Services.

This Website is not for use by children (defined as those who are not at least 18 years of age). You should not use this website if you are a child.

1. Copyrights and All Other Intellectual and Related Property Rights

Unless otherwise stated, we and/or our licensors own the rights for material on the Website. All rights are reserved. You may view and/or print pages from Website for your own personal and non-commercial use subject to the restrictions set in these Terms of Use.

2. Restrictions

You are restricted from all the following:

  • Republish material from Website for commercial purposes;
  • Sell, rent, sub-license, and/or otherwise commercialize any material from Website;
  • Transfer any infoceutical from Website to any other party;
  • Reproduce, duplicate or copy material from Website;
  • Archive or modify material from Website;
  • Redistribute content from Website (unless content is specifically made for redistribution);
  • Submit false or misleading information;
  • Use Website in any way that is, or may be, damaging to Website;
  • Use Website in any way that impacts user access to Website;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape on Website;
  • To interfere with security features of Website or any related website, or the Internet;
  • Use Website for any unlawful purpose;
  • Use Website to solicit others to perform or participate in any unlawful acts;
  • Use Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Website, or to any person or business entity;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • Use Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on but not limited to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Website, other websites, or the Internet;
  • Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to Website, or while using Website;
  • Using Website to engage in any advertising or marketing.

Certain areas of the Infopathy platform are restricted from access by you and we may further restrict access by you to any areas of Website, at any time. We reserve the right to terminate your use of Website and Services or any related websites for violating any of the restrictions.

3. Membership

3.1. Basic Membership

By registering on the Infopathy platform, you become a basic member of Website and have limited access to infoceuticals. Moreover, if your “Premium Membership” is cancelled, you will automatically become a basic member of the Infopathy platform at the end of your current billing period.

3.2. Premium Membership

By subscribing to Premium Membership on the Infopathy platform, users will have unlimited access to all available infoceuticals on Website. The Premium Membership term begins the day we successfully receive your first payment and will continue either month-to-month or year-to-year (depending on the chosen subscription plan) until cancelled. To receive Premium Membership, you must provide a current, valid, accepted method of payment (“Payment Method”) which you may update from time to time. Unless you cancel your Premium Membership before your monthly or yearly (depending on the chosen subscription plan) billing date, you authorize us to charge your next membership fee to your Payment Method. To ensure that there is no interruption with your Premium Membership, your Payment Method should be valid and have sufficient funds on the date of payment. You can find specific details regarding your membership by visiting our Website and going to the Membership section under your account. If your Premium Membership is cancelled, you will automatically become a basic member of the Infopathy platform at the end of your current billing period.

Please note, we do not collect or store any of your sensitive payment information (e.g. credit card number, credit card expiry date, credit card CCV/CVC number, bank information). You can find out how we use your information by viewing our Privacy Policy.

3.2.1. Free Trial Period for Premium Membership Subscription

3.2.1.1. Your Premium Membership subscription to the Infopathy platform may start with a free trial period. The free trial period lasts for 30 days, or as otherwise specified during subscription purchase and is intended to allow new members to try our Services.

3.2.1.2. Free trial eligibility is determined by us at our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold if we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Website membership to determine eligibility. For combinations with other offers, restrictions may apply.

3.2.1.3. We will charge your Payment Method your Premium Membership fee at the end of the free trial period unless you cancel your Premium Membership prior to the end of the free trial period. To view the membership fee and end date of your free trial period, visit our Website and going to the Membership section under your account.

3.2.2. Billing

3.2.2.1. Billing Cycle. Premium Membership on the Infopathy platform has a term of one (1) month or one (1) year, depending on the chosen subscription plan. The Premium Membership fee and any other charges you may incur in connection with your use of Website and/or Services, such as taxes and transaction fees, will be charged to your Payment Method on the calendar day corresponding to the commencement of your Premium Membership. Premium Membership payment will automatically be taken each month or annually (depending on the chosen subscription plan) unless you cancel your Premium Membership in accordance with the Terms of Use. In some cases, your next payment date may change, for example (i) if our attempts to charge your Payment Method have not been successful; or (ii) if your payment date falls on a day that is not a business day; or (iii) if the payment date would fall on a date that does not exist in the year during which such payment is to be made (i.e. if you joined on February 29 in a leap year). To see your next payment date, visit our Website and go to the Membership section under your account.

3.2.2.2. Payment Methods. You can change your Payment Method by visiting our Website and going to the Membership section under your account. If a payment is not processed successfully, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your Premium Membership, we may suspend your access to the Website and Services until we have obtained a valid Payment Method and have received the funds due and owing to us by you. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. We are not responsible for any fees charged by your Payment Method service provider in respect of a payment made to us by you or by us to you.

Please note, we do not collect or store any of your sensitive payment information (e.g.credit card number, credit card expiry date, credit card CCV/CVC number, bank information). You can find out how we use your information by viewing our Privacy Policy.

3.2.2.3. Cancellation. To cancel your Premium Membership, visit our Website go to the Membership section under your account and then click “Cancel Membership”. To see information about your Membership status, visit Website and go to the Membership section under your account. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial Premium Membership periods or not-used Website content. If you cancel your Premium Membership, you will become a basic member at the end of your current billing period.

3.2.2.4. Changes to Premium Membership Fee. We may change the Premium Membership fee at any time. The fee change will apply to you no earlier than 30 days following notice to you. If you do not wish to continue your Premium Membership, you may cancel your Premium Membership.

4. Purchasing Products from Our Online Store

All products purchased from our online store are non-refundable. However, we may, in our sole discretion and on a case-by-case basis, allow you to exchange the product purchased if the same is found to be defective. In order to qualify for an exchange, you must notify us of such defect within thirty (30) days of the date on which the product was shipped. To request an exchange, please first send us an e-mail at [email protected] with your concern. If we approve your request for an exchange of a product, we will send you instructions on how to process the exchange.

5. Passwords and Account Access

The member who created the account on Website (the "Account Owner") has access and control over their Website account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for safeguarding the password that you use to access the Website and Services. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. We may terminate your account or place your account on hold in order to protect you, us, Website, or our partners from identity theft or other fraudulent activity.

6. User Content and Comments

Certain parts of Website offer the opportunity for members to post and exchange opinions, information, audio, video, text, images, data, or other material (“User Content and Comments”). We do not screen, edit, publish, or review User Content and Comments prior to their appearance on the Website and User Content and Comments do not reflect our views or opinions. User Content and Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, we shall not be responsible or liable for User Content and Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of User Content and Comments on Website. We may, but have no obligation to, monitor, edit or remove User Content or Comments that we determine as inappropriate, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You warrant and represent that:

  • You are entitled to post User Content and Comments on Website and have all necessary licenses and consents to do so;
  • User Content and Comments do not infringe on any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third-party;
  • User Content and Comments do not contain any threatening, libelous, defamatory, obscene, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy or computer viruses or other malware that could in any way affect the operation of Website and/or Services;
  • You are solely responsible for User Content and Comments and their accuracy;
  • User Content and Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

By submitting your User Content and Comments to the Website, you hereby grant us a non-exclusive, worldwide, irrevocable, royalty-free license to use, reproduce, adapt, publish, post, authorize others to use, translate and distribute it in any and all forms, formats, or media.

7. Testimonials

Testimonials on Website are unsolicited and are non-representative of all users. The testimonials represent user experience, but the exact results and experience will be unique and individual to each user. Individual results may vary. Testimonials are not intended to represent or guarantee that anyone will achieve the same or similar results.

8. No Warranties, Limitations on Liability

The Website and/or Services provided are “as is” and “as available” and without any warranties or conditions of any kind. We make no warranties or representations about the accuracy or completeness of Website content or of the content of any website or websites linked to this Website. We do not warrant that the results that may be obtained from the use of Website and/or Services will be accurate or reliable.

Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, Website being temporarily unavailable or interrupted due to technical issues beyond our control. We do not assume any legal liability for the accuracy, completeness, or usefulness of any information, product, or process disclosed on Website. You agree that from time to time we may remove Services for indefinite periods of time or cancel Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website and/or Services is at your sole risk.

In no event shall we, nor any of our officers, directors, partners, employees, agents, contractors, subcontractors, suppliers, or affiliates be liable to you for anything arising out of or in any way connected with your use of Website or our Services, or to any services provided by any third party in connection with your use of Website or our Services. In no event shall we, nor any of our officers, directors, partners, employees, agents, contractors, subcontractors, suppliers, or affiliates be liable for any indirect, direct, incidental, consequential or punitive damages arising out of or in any way related to your use of Website, any content of Website, our Services, or the content of any website or sites linked to Website.

9. Indemnification

You hereby indemnify to the fullest extent us and our officers, directors, partners, employees, agents, contractors, subcontractors, suppliers, and affiliates from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10. Third-Party Links and Third-Party Statements

Our Website may contain links to third-party and/or affiliate websites. We are not responsible or liable for information found on or collected by these websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Any third-party materials to which links on these sites point, or which may be accessible through these sites, are the sole responsibility of those posting such materials; we do not endorse or adopt any information or claims contained in such third-party websites.

11. Account Termination

The Terms of Use are effective unless and until terminated by us. We may terminate this Agreement at any time without notice to you if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms of Use. We may also terminate this Agreement immediately if we suspect that you are engaged in activity that fails to comply with applicable law or causes a significant risk of reputational harm to us. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to Website and/or Services (or any part thereof).

If you would like to delete your account, please send an e-mail to [email protected] with the subject line “Delete Account”.

12. Governing Law, Interpretation, and Principles of Construction

The Terms of Use will be governed and construed in accordance with the laws of the Province of Ontario, Canada and you agree that any disputes against us will be resolved in a court located in the Province of Ontario, Canada. The descriptive headings in the Terms of Use are for convenience only and shall not control or affect the meaning, interpretation or construction of any provision of the Terms of Use. Any ambiguities in the interpretation of the terms in the Terms of Use shall not be construed against the drafter. Unless stated otherwise, the word “including” means “including, without limitation.” The Terms of Use does not limit any rights of enforcement that we may have under copyright, patent, or other laws. Our delay or failure to assert any right or provision under the Terms of Use does not constitute a waiver of such right or provision. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of such term or any other term. If any term or provision of the Terms of Use is determined to be unlawful, void or unenforceable, such term or provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Use, such determination shall not affect the validity and enforceability of any other remaining terms or provisions herein.

13. Changes to Terms of Use

You can review the most current version of the Terms of Use at any time on this page. We have the right to update, change, or replace any part of these Terms of Use at any time by posting the revised Terms of Use on our Website. Any revision, modification, or change to the Terms of Use will be binding and effective immediately after posting the revised version on our Website. You agree to periodically review our Terms of Use to ensure you understand all the terms and conditions governing the use of Website and our Services. Your continued use of our Website and Services following the posting of any changes constitutes acceptance of those changes. If you elect to not accept the changes, you should immediately cease using our products and/or Services (including our Website).

14. Entire Agreement

The Terms of Use, together with our Disclaimer and Privacy Policy, constitutes the entire agreement between you and us relating to the subject matter hereof and governs your use of our Website and/or Services. The provisions of the Terms of Use supersede any prior agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). By using our Website and/or Services you understand our Disclaimer and expressly agree to all the provisions of the Terms of Use and our Privacy Policy, and any updates or modifications made to any of these documents at any time by us.

15. Questions

We are always happy to answer any of your questions. If you have any questions, please contact us at [email protected]

Thank you for using the Infopathy platform and stay healthy!