Term of Use Agreement
(Updated on 19th May 2016)

These Terms of Use describe the terms and conditions applicable to your access and use of our website at www.timahealth.com. This document is a legally binding agreement between you as the user(s) of “Our Website” (hereinafter referred to as “you”, “your” or “User”) and the TimaHealth.com entity (hereinafter referred to as “We”, “Our Website” or simply “TimaHealth.com”).

1. Application and Acceptance of the Terms

1.1 Your use of “The Services”, software and products of TimaHealth.com (hereinafter referred to collectively as "The Services") is subject to the terms and conditions contained in this document as well as the Privacy Policy, the Product Listing Policy and the Membership Agreement of TimaHealth.com. By accessing “Our Website” or using “The Services”, you agree to accept and be bound by these terms and conditions. Please do not use “The Services” or “Our Website” if you do not accept all of these terms and conditions.

1.2 You may not use “The Services” and may not accept the Terms if you are not of legal age to form a binding contract with TimaHealth.com or you are not permitted to receive any Services under the laws of Canada or other countries including the country in which you are residing or from which you use “The Services”.

1.3 You acknowledge and agree that TimaHealth.com may amend any Terms at any time by posting the relevant amended and restated Terms on “Our Website”. By continuing to use “The Services” or “our Website”, you agree that the amended Terms will apply to you.

2. Users

2.1 As a condition of your access to and use of “Our Website” or “The Services”, you agree that you will comply with all applicable laws and regulations.

2.2 You agree that you will not copy, reproduce, download, re-publish, sell, distribute or resell any services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through “Our Website” for the purposes of operating a business that competes with TimaHealth.com, or otherwise commercially exploiting the site content.

2.3 TimaHealth.com may allow users to access to content, products or services offered by third parties through hyperlinks, API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using them. You acknowledge that TimaHealth.com has no control over such third party web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

2.4 You agree not to undertake any action to undermine the integrity of the computer systems or networks of TimaHealth.com and/or any other user nor to gain unauthorized access to such computer systems or networks.

2.5 By posting or displaying any information, content or material on “Our Website”, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to TimaHealth.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of your provided content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of “Our Website”. You confirm and warrant to TimaHealth.com that you have all the rights, power and authority necessary to grant the above license.

2.6 User(s) of TimaHealth.com hereby acknowledge that any reliance upon any content shall be at their sole risk.

3. Member Accounts

3.1 As a member, you agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the messaging system of TimaHealth.com or sending SMS will be deemed to have been authorized by the Member.

3.2 Upon becoming a member, you consent to the inclusion of the contact information about you in our member database and authorize TimaHealth.com and our affiliates to share the contact information with other users.

3.3 Each Member represents, warrants and agrees that a) You shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any user content that you submit, post or display b) Any user content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); and c) You have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the user content and such sale, trade, distribution or export or offer does not violate any Third Party’s Rights.

3.4 As a member, you also represent, warrant and agree that the user content you submit, post or display shall a) be true, accurate, complete and lawful b) not be false, misleading or deceptive c) not contain information that is defamatory, libelous, threatening or harassing, obscene, pornography, objectionable, offensive, sexually explicit or harmful to minors d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations g) not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms h) not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities i) not be part of a scheme to defraud other user(s) of “Our Website” or for any other unlawful purpose j) not engage in spamming or phishing k) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity l) not involve attempts to copy, reproduce, exploit or expropriate TimaHealth.com's various proprietary directories, databases and listings m) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information n) not engage in any activities that would otherwise create any liability for TimaHealth.com or our affiliates.

3.5 TimaHealth.com reserves the right in our sole discretion to remove, modify or reject any user content that you submit to, post or display on “Our Website” which we reasonably believe is unlawful, violates the Terms, could subject TimaHealth.com or our affiliates to liability, or is otherwise found inappropriate in TimaHealth.com's opinion.

4. Transactions between Buyers and Sellers

4.1 TimaHealth.com acts only as a platform for traders to buy/sell products. All transactions will be the responsibility of the members only. Hence any disputes, risks or losses arising out of such transactions are not binding on TimaHealth.com.

4.2 In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify TimaHealth.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

5. Disclaimer

5.1 “The Services” provided by TimaHealth.com are provided 'as is', 'as available' and TimaHealth.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.

5.2 TimaHealth.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided in “Our Website”. We do not represent or warrant that the manufacture, import, export, distribution, offer, display, purchase, sale, use of products/services offered or displayed on “Our Website” does not violate any third party rights.

5.3 Computer Viruses - while it is very unlikely, TimaHealth.com is not responsible for any computer problem including virus transmission that you may experience as a result of visiting “Our Website” or any of its links.

5.4 Any material downloaded or otherwise obtained through “Our Website” is done at each user's sole discretion and risk and each user is solely responsible for any damage to his/her computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any user from TimaHealth.com shall create any warranty not expressly stated herein.

5.5 Each user hereby further agrees to indemnify and save TimaHealth.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on “Our Website”. As a user, you hereby also agree that TimaHealth.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material. The risk of damages from such material rests entirely with each user. At TimaHealth.com, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TimaHealth.com in asserting any available defenses.

5.6 TimaHealth.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from a) the use or the inability to use “Our Website” or services b) any defect in goods, samples, data, information or services purchased or obtained from a user or any other third party through “Our Website” c) violation of Third Party Rights or claims or demands that user's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on “Our Website” may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants e) unauthorized access by third parties to data or private information of any user f) statements or conduct of any user of “Our Website” g) any matters relating to services however arising, including negligence

5.7 Under no circumstances shall TimaHealth.com be held liable for any delay or failure or disruption of the content or services delivered through “Our Website” resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

5.8 The information presented here has been compiled from publicly aired and published sources. TimaHealth.com respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. TimaHealth.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of “The Services” or the materials.

5.9 A “Paid Service” at TimaHealth.com is carried out with user's approval; there is no provision for any kind of full or partial refund. The paid amount for a “Paid Service” would not be refunded under any circumstances. Once an order is placed it cannot be cancelled as it is sent for processing immediately.

5.10 TimaHealth.com is not liable in any way for - errors in computation or ignoring or omission of taxes, duties and other levies either by seller or buyer, non-compliance of import/export formalities by buyer/seller, discrepancies in services of inspection agency, courier companies, shipping companies, freight forwarders or their agents, banks and discrepancies in letter of credit, inspection report and documentation.

6. Dispute Resolution

6.1 In the event of dispute, negotiation is to be conducted between buyer and seller themselves and that TimaHealth.com has no role to play in negotiation unless voluntarily decides to do so.

6.2 TimaHealth.com will not be an actual party to the arbitration proceeding to resolve the dispute between Buyer and Seller.

6.3 As TimaHealth.com is not a party to a dispute between buyer and seller, TimaHealth.com will not be responsible for any portion of the arbitration expenses and fees.

7. Intellectual Property Rights

7.1 TimaHealth.com is the sole owner or lawful licensee of all the rights and interests in “Our Website” and its content. “Our Website” and its content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in “Our Website” and its content shall remain with TimaHealth.com, our affiliates or licensors of “Our Website” content, as the case may be. All rights not otherwise claimed under the Terms or by TimaHealth.com are hereby reserved.

7.2 TimaHealth.com may have independent third parties involved in the provision of “The Services”. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

8. Notices

8.1 All legal notices or demands to or upon TimaHealth.com shall be made in writing and sent to TimaHealth.com personally, by courier, certified mail, or facsimile to the following entity and address: Tima Enterprise Group Inc. Suite B. No. 56, Gradwell Drive, Scarborough, Ontario, M1M 2M9 Canada. The notices shall be effective when they have been received by TimaHealth.com in any of the above-mentioned manner.

8.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to TimaHealth.com, or by posting such notice or demand on an area of “Our Website” that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when a) TimaHealth.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon TimaHealth.com posting such notice on an area of “Our Website” that is publicly accessible without charge.

8.3 You agree that all agreements, notices, demands, disclosures and other communications that TimaHealth.com sends to you electronically satisfy the legal requirement that such communication should be in writing.

9. General

9.1 TimaHealth.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

9.2 If any provision of this Terms of Use Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

9.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

9.4 The failure of TimaHealth.com to enforce any right or failure to act with respect to any breach by you under the Terms will neither constitute a waiver of that right nor a waiver of the right of TimaHealth.com to act with respect to subsequent or similar breaches.

9.5 TimaHealth.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of TimaHealth.com). You may not assign, in whole or part, the Terms to any person or entity.

9.6 This Agreement and any dispute or matter arising from incidental use of TimaHealth.com is governed by the laws of Ontario Province, Canada and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Ontario, Canada.

9.7 This Agreement, accepted upon use of “Our Website” and further affirmed by becoming a Member of the TimaHealth.com, contains the entire agreement between you and TimaHealth.com regarding the use of “Our Website” and/or “The Services”. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

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