Terms of Use

Please read these terms of use carefully (“Terms”). These Terms govern your access and use of the Services (as the term is hereinafter defined) and constitutes a binding legal agreement between you and Loba Wellness Inc. These terms also specifically incorporate by reference our Privacy Policy, available at the following link – www.shoploba.com/policies/privacy-policy.

By your use or continued use of the Services,  or by indicating that you have read and accepted these Terms when provided the option to do so, you are accepting and agreeing to be bound by the terms and conditions contained herein. Please read these Terms carefully. If you do not agree to these Terms or our Privacy Policy, you do not have the right to use the Services and must discontinue all use of the Services immediately. 

 

Interpretation

In these Terms:

• “Loba Wellness Inc.”, “Loba”, “we” or “us” means Loba Wellness Inc., the creator, operator and provider of the Services;

• “Services” means the following collective of individual services provided by Loba, as well as future services that may be offered from time-to-time:

• Loba’s website shoploba.com (the “Website”);

• the Loba mobile application (“App”);

• the Loba Pill Organizer (“Pill Organizer”); and

• “User” or “you” refers to you, a consumer or user of the Services.

 

Our Services 

Our Services offer you an organized, intuitive, and customizable way to store and take your vitamins, medication, and supplements (collectively referred to herein as “medication”). It is our plan to continue innovating and introducing new features that will further optimize your wellness routine, and these new features will form part of the Services and be covered under these Terms. While we recommend the Pill Organizer and the App be used in tandem to provide maximum functionality, any of the Services may be used individually.

You must be at least 18 years of age in order to access or use our Services. You may only use the Services in accordance with these Terms, and in the manner described by the instructions, safety labelling, or other literature provided to you with our Services and products.

 

Medical Disclaimer

Our Services are strictly tools to assist with your daily healthcare routines and habits. Loba is not a healthcare service provider. Our Services will not diagnose, treat, cure or prevent any injury or disease, nor will they verify the effectiveness of any medication, treatment or supplement. Please consult a healthcare provider before using our Services, and before taking any medication.

None of our Services should be construed as medical services or as a substitute for any healthcare services. The Pill Organizer is not a medical device, and none of the information or features provided by any of the Pill Organizer, Website or App should be construed as medical advice or a suitable substitute to the advice or services of a physician, naturopath, nurse, pharmacist or other professional trained in healthcare services. All Services are provided “as is” and should be used at your own risk. Without limiting the generality of the foregoing, this includes any information or news provided on the Website or App about a healthcare condition, or about a medication’s properties, uses, or potential side-effects.

Never disregard medical advice or delay seeking medical attention because of any information or correspondence you receive from or as a direct or indirect result of any of the Services. If you have any questions or concerns about the medication or supplements you consume, or about your personal health, consult a medical expert.  

OUR SERVICES ARE NOT INTENDED FOR EMERGENCY USE. DO NOT USE OUR PILL ORGANIZER TO STORE OR DISPENSE A LIFE-SAVING MEDICAL TREATMENT OF ANY KIND, OR ANY OTHER TYPE OF EMERGENCY TREATMENT. DO NOT USE OUR SERVICES IN THE EVENT OF OR IN CONNECTION WITH, IN ANY WAY, A LIFE-THREATENING EVENT, CONDITION OR ILLNESS. IF YOU EXPERIENCE A MEDICAL EMERGENCY DIAL 911 OR CONTACT A HEALTHCARE PROFESSIONAL IMMEDIATELY.

 

User Account

You must create a “User Account” to use the App. By creating a User Account, you represent that you are of legal age in the jurisdiction within which you reside. You represent and warrant that all information you provide to Loba through your User Account is true and accurate. You agree not to create a User Account on behalf of any other person or entity. Loba reserves the right to suspend or terminate your User Account if Loba determines that you have violated any of the provisions herein.

You are responsible for maintaining the confidentiality of your password and User Account and agree to notify Loba if your password is lost, stolen, or disclosed to an unauthorized third party, or may otherwise be compromised. Use of the Services require the use of the internet or network connectivity. Loba Wellness Inc.  is not responsible for the security of your pill organizer. Loba is not responsible for unauthorized third party access, nor liable for the network availability or lack thereof and cannot guarantee there will not be service interruptions. Loba Wellness Inc. is not responsible for the security of your internet connection or network. 

 

User Created Content

Our Services may from time-to-time request or permit you to post reviews, comments, questions or other content (collectively, “User Created Content”) on the Website or App. You agree that any User Content will abide by these Terms. You acknowledge and agree that no User Created Content will be confidential. Loba will not endorse any User Created Content, and you will not claim that any User Created Content has been endorsed by us.

You represent and warrant that any User Created Content you submit will be your original work and will not infringe on any third party’s intellectual property right or privacy right. Your User Created Content will remain your intellectual property, and by submitting the User Created Content you grant Loba a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content, in whole or in part, and in any form throughout the world in any media or technology, including all advertising, marketing, promotion, publicity and any other ancillary uses thereof.

You agree that any User Created Content you publish will not be offensive, threatening, defamatory or otherwise objectionable. You agree not to use a false identity to publish any User Content. We may edit, remove or refuse to post any User Created Content for any reason and without notice to you; however, we neither regularly moderate User Created Content, nor will we verify the accuracy or creditability of any User Created Content made available to you through our Services. We strongly advise against posting any personal, private or confidential information as User Created Content.

 

Pill Organizer

You acknowledge and agree that the Pill Organizer is an organizational and storage tool only. The Pill Organizer neither preserves your medication, nor is it a security solution of any kind. Please consult a medical expert about the proper storage of your medication, and refrain from taking any medication beyond its expiry date.

Granting children unsupervised access to medication may lead to serious illness, injury or death. Keep all medication in safekeeping, and away from young children. Refrain from storing medication in an environment where there is risk of malicious interference, tampering or theft.

Use of the Service should not replace your good judgment and common sense. Please read and comply with all safety notices that may be issued by Loba Wellness Inc. from time to time in connection with the Service.

You acknowledge and agree that you are solely liable for any unauthorized access to your User Account, your Pill Organizer, or your medication.

 

Privacy and User Data

You acknowledge and agree that through your use of the Services, we may collect and use any data you provide us through the Website or App (your “User Data”). Your User Data may include but is not limited to confidential medical information. Loba is committed to protecting the privacy and confidentiality of your User Data. We acknowledge that all of your User Data is and remains your property. User Data shall remain anonymous and only be collected and used to optimize your User experience, and for other such lawful commercial purposes. Please read our Privacy Policy, which describes how Loba collects and uses User Data, and your rights and responsibilities regarding the same.

 

Licence and Intellectual Property

You acknowledge and agree that the Services are for personal, non-commercial use only. Subject to your agreement to the Terms, Loba grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and make personal, non-commercial use of the Website, the App and any other Services that may become available to you from time to time, as applicable in the circumstances. You do not have authorization to download or modify any portion of the Website or the App. All rights not expressly granted to you in these Terms are reserved and retained by Loba. This licence does not grant you the right to use the Website, the App or sell any contents thereof for a commercial purpose. You are not authorized to collect and use any descriptions, product listings, artwork or any other written content on the Website and/or the App nor are you permitted to download or copy any written content on the Website and/or the App or account information for the benefit of yourself, another person or another entity. Any unauthorized use of the Website and/or the App immediately terminates any access or licence granted by Loba to you.

You acknowledge and agree that Loba owns and retains all proprietary interest in and to the Services, and in all content, trademarks, trade names, documents and other materials, and other intellectual property and proprietary materials related thereto (the “Intellectual Property”). Subject to the limited licences granted in this Agreement, no licence is granted to you or any other party for the use of Loba’s Intellectual Property. No licence to sell or distribute the Intellectual Property is granted or implied. You agree to not copy, modify, transmit or create any derivative works from, make use of, or reproduce in any way the Intellectual Property. 

Any third-party trademarks or other intellectual property displayed on the Website, App or any other part of the Services are used with the authorization of the owner of the intellectual property. Loba cannot and does not authorize you to use, reproduce or modify any third-party intellectual property used on any of the Services.

 

Third-Party Content and Services

Our Services may include links to other websites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.

Our Services may also include advertisements which may be targeted to the content or information provided on the Services, or to the queries made through the Services. Some of our Services may be hosted by a third-party platform, and such third-party service providers may change from time-to-time during the provision of Services, without prior written notice to you.

Our App may be accessed or downloaded from a third-party distribution platform such as the Apple App Store or Google Play store. The availability of the App on such platforms may change from time-to-time without prior notice to you.

You are responsible for and assume all risk arising from your use or reliance of any third-party service providers. You are strongly advised to read the terms and policies of all third-party websites and service providers. We are not responsible and will not be held liable for any covenants, representations or warranties made by a third-party service provider.

If a third-party links to or references our Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third-party has linked to our Services. A website that links to our Services: (i) may link to, but not replicate, our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

 

Prohibited Uses

In addition to all other covenants as set forth in these Terms, you are prohibited from using the Services or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on any basis whatsoever, including but not limited to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to disrupt or attempt to disrupt the experience of other Users on the Services in any way; (vii) for any obscene or immoral purpose.

Furthermore, in using the Services you agree not to undertake any of the following actions: (i) 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 the Services or of any related website or service (ii) collect or track the personal information of others; (iii) scan or probe the underlying structure of the Services; (iv) reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on Services;(v) spam, phish, pharm, pretext, spider, crawl, or scrape; (vi) any action that imposes or may impose, in our sole and exclusive discretion, an unreasonable or disproportionately large load on the infrastructure of the Services; or (vii) interfere with or circumvent the security features of the Service or any related website or service.

We reserve the right to terminate your use of the Services for violating any of the foregoing prohibited uses. Additionally, the Company hereby reserve all rights to pursue any and all legal actions for a violation of this clause, including the seeking of monetary and injunctive relief.

 

Disclaimer

 By accessing or using our Services, or any of them individually, you acknowledge and agree that the Services are provided on an “as is” and “as available” basis. You agree that you use the Services solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, warranties as to products or services listed on the Website or App, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limiting the generality of the foregoing: 

• We make no endorsement, representation or warranty of any kind that any feature of any of the Services (including but not limited to scheduling, reminders or notifications) will work as intended.

• You are solely responsible for correct and proper use of the Services, including the correct and accurate input of personal or medical data, and correct storage of medication in the Pill Organizer.

• We are not responsible for any User’s conduct, whether online or offline, related to the Services.

• While we aim to provide the most accurate and current information at all times, we make no representations, warranties or guarantees about the accuracy or completeness of any information provided through any of our Services. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices. If you rely on or act based on any content provided through the Services, you do so at your own risk.

• We make no representations, warranties or guarantees that the Services will be available to you on an uninterrupted, secure or error-free basis. While we work tirelessly to provide the best Services possible, our Services may from time-to-time be subject to malfunctions, bugs, defects, interruptions or unavailability. Further, we are not responsible if a third-party service provider’s service is interrupted or unavailable.

 

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Loba Wellness Inc., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to you or any person which you are responsible for at law for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for injury, illness, death, lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Loba and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Loba for the one (1) month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnity

You agree to indemnify and hold Loba Wellness Inc., its affiliates, directors, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and (b) your violation of these Terms.

 

Assignment 

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

Termination

In addition to all other rights afforded to us hereinbefore mentioned, if you breach any of the terms of these Terms, including but not limited to failing to pay for the right to use the Service, as we may charge from time to time, we have the right to suspend or disable your access to or use of the App, Website, or any other applicable Service.

Subject to any further agreements between you and us, you may cancel your use of the Services at any time.  

We may delete your User Content upon termination of your User Account. We intend that most User Content will be deleted thirty (30) days after termination. We will not be held liable for any loss of information or data resulting from our deletion of your User Content. If you wish to obtain a copy of your User Content, or any other User data specific to your User Account, you may contact us at contact@shoploba.com within ten (10) days of termination to inquire about obtaining a copy of your data that you have inputted into the Service.

 

Changes and Amendments

If we make any material changes to these Terms, we will notify you of such changes by posting them through the Service or by sending you an email or other notification or message (including push notifications and in-app news notices) and we will indicate when such changes will become effective. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

 

 

Electronic Communications

You consent to receiving electronic communications from us by email, text, or push notification. Additionally, all items posted on the Website or App are to be considered in full force and effect immediately upon posting (unless the effective date of such posting is otherwise stated), and you agree that any such postings satisfy any applicable legal requirements for agreements in writing. By registering a User Account, or by using the Services in any manner, you have created a commercial relationship with us. As such, you agree that any email, text, or push notification sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered spam, as that term is legally defined. For any questions or concerns, please contact us at the email address provided below.

 

Force Majeure 

We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, pandemic or epidemic, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 

General

These Terms are governed by the laws of the Province of British Columbia, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Questions and Contact

Please contact us at contact@shoploba.ca if you have any questions about our Terms.