Terms & Conditions
Last Updated: June 23, 2023
Terms & Conditions
GetSightly Terms & Conditions. For any questions please contact firstname.lastname@example.org
1. TERMS & CONDITIONS
- "Applicable law" refers to the laws currently in force in the Province of Ontario, Canada which shall govern this agreement.
- "App" means the GetSightly app, all related pages, and all related apps operated by affiliates or divisions of GETSIGHTLY, but does not include any third-party apps which are linked to or may link from this app whether or not such third-party apps are used in connection with the Services
- "Site" means this website, all related webpages, and all related websites operated by affiliates or divisions of GETSIGHTLY, but does not include any third-party websites which are linked to or may link from this website whether or not such third-party websites are used in connection with the Services.
- "Service" and "Services" refer to the online admin, and commerce services and other small business–related services and Support offered through the GETSIGHTLY Platform from time to time.
- "Renewal Term" has the meaning set forth in Section E. Charges and Payment Fees.
- "Subscriber” refers to any person who maintains an account with us and utilizes our Services.
- "Support" means free and paid technical support and assistance provided to users by GETSIGHTLY, GETSIGHTLY Pros and other third-party contractors of GETSIGHTLY from time to time.
- "GETSIGHTLY", "we", "us" shall refer to Patient Commerce Inc. and all its affiliates and subsidiaries.
- "GETSIGHTLY Apps" means the Site and all mobile applications and other applications which provide access to the Services offered by GETSIGHTLY and its affiliates from time to time.
- "GETSIGHTLY Parties" includes GETSIGHTLY, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
- "GETSIGHTLY Network" means the online community of GETSIGHTLY users listed on the Site from time to time.
- "You" and "user" shall refer to any person who visits the Site or uses the GETSIGHTLY Apps and includes a subscriber and its employees and agents.
You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Subscribers to certain GETSIGHTLY Apps may provide password access to authorized users (called Guest Users). An authorized user is a user designated by you via the New Users functionality available in the GETSIGHTLY App and/or website. Such authorized users may have access to the information and perform various tasks as instructed by the subscribers which include but not limited to publishing data, creating products, creating campaigns, creating emails, managing images, and any other lawful tasks that the subscriber may prescribe. If you administer your GETSIGHTLY account on behalf of a business or corporation, you represent and warrant that you have the right to provide passwords and access credentials to your Guest Users.
GETSIGHTLY may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. GETSIGHTLY may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the GETSIGHTLY Apps or the Services whatsoever is to discontinue using the GETSIGHTLY Platform and the Services.
The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the GETSIGHTLY Platform or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the GETSIGHTLY Platform and the Services. GETSIGHTLY accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the GETSIGHTLY Platform or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
Notwithstanding the foregoing, for our commerce tools, GETSIGHTLY makes every effort to accurately calculate federal, state and local taxes. In the event such calculations are incorrect due directly to GETSIGHTLY's negligence, and such error result in a penalty, GETSIGHTLY will pay all or a portion of the penalty in the manner calculated and subject to the limitations in section I below (the "Purchase Guarantee"). You must provide GETSIGHTLY with the penalty notice received from the taxing authority within 90 days of the date of the first notice. The penalty must be the direct result of incorrect calculations made by GETSIGHTLY and not the result of incorrect data provided by or on behalf of a customer. The penalty must apply to a time period during which the GETSIGHTLY services were being used by You.
C. Conditions of Usage
You agree to use the GETSIGHTLY Platform and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the GETSIGHTLY Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the GETSIGHTLY Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
D. Software Notice
E. Charges and Payment Fees
You shall pay all fees or charges to your account in accordance with the setup and ongoing fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The amount payable will be equal to the setup and ongoing charges related to your plan, plus any excess number of total SMS messages sent over 500 messages per month. Payments may be made, annually, consistent with the Initial Term (the first License Term), or as otherwise mutually agreed upon. You are responsible for paying for all Sightly storefronts ordered for the entire term, whether or not such storefronts are actively being used. You must provide Patient Commerce Inc. with valid credit card as a condition to signing up for the Service. Patient Commerce Inc. reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by email. All pricing terms are confidential, and you agree not to disclose them to any third party. Any and all fees paid in advance are not refundable if you cease to use the Service. All invoices shall be paid and cleared at our bank within (7) seven days of receipt. A setup fee as per the quotation shall be paid prior to the commencement of us providing a Sightly storefront or any other work connected to the provision of this 'Service'. On signing the NDA, the Customer agrees to a minimum term of 12 months. The agreed monthly payments (billed annually) will commence on completion of initial set up 'Sign Off' point, and will run until further notice with a minimum term of 12 months. After the initial 12-month minimum period has expired, the client may cancel the contract giving Patient Commerce Inc. notice (Cancellation Policy) to terminate in writing. This Agreement will automatically renew for additional 12-month terms unless terminated pursuant to this Agreement’s Cancellation Policy of the then-current term (each a "Renewal Term")
F. Cancellation Policy
We may cancel or suspend your service or a portion of your service if you violate the terms of your contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account.
In the event that Patient Commerce Inc. receives written or verbal notice from Client notifying of a cancellation within 72 hours of signing up to the platform, a $249 fee will be incurred. In the event that Patient Commerce Inc. receives written or verbal notice from Client notifying of a cancellation after seventy-two (72) hours of contract agreement or contract renewal or purchase, Client agrees to pay ﬁfty percent (50%) of the contracted price. If Patient Commerce Inc. receives written or verbal notice from Client notifying Patient Commerce Inc. of a cancellation greater than two (2) weeks of contract agreement or contract renewal or purchase, Client agrees to pay one-hundred percent (100%) of the contracted price. All funds are non-refundable. If Client shall fail to notify Patient Commerce Inc. of a cancellation in the manner as provided above, or in the event of breach of this Contract, then Client shall remain responsible for the full contract price speciﬁed, including all costs expense, damages and fees, (including costs of cancellations, court costs, and reasonable attorney’s fees) incurred by Patient Commerce Inc.in enforcing these Terms & Conditions.
G. Copyrights, Trade-Marks and Intellectual Property.
GETSIGHTLY and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, app layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the GETSIGHTLY Platform and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the GETSIGHTLY Apps constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the GETSIGHTLY Platform by a user or otherwise provided for accessing the GETSIGHTLY Platform on the user's behalf shall at all material times remain the property of the user. The user hereby grants to GETSIGHTLY a worldwide, perpetual, royalty free, non-exclusive right and license to use all content provided by the user in connection with the GETSIGHTLY Platform and the Services for uses related to the delivery of the Services.
Materials on and relating to the GETSIGHTLY Platform, including the content of the GETSIGHTLY Platform and any software downloaded from the GETSIGHTLY Platform, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, GETSIGHTLY reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the GETSIGHTLY Apps or any content therefrom without GETSIGHTLY's express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the GETSIGHTLY Apps.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a subscriber using the Services. Your use of screen shots is subject to the following:
- No screen shot may be used from any beta version of the GETSIGHTLY Platform unless it has been commercially released to the public;
- the use is for illustrative purposes;
- the use may not imply any endorsement or affiliation by or with GETSIGHTLY;
- the screen shot does not contain any commentary which may appear to have been attributable to us;
- the screen shot does not contain any third party content; and
GETSIGHTLY has rights to several trade-marks which it uses in connection with the operation of the GETSIGHTLY Platform. GETSIGHTLY does not grant the users any right or license to use the GETSIGHTLY trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
H. Prohibited Use
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing or enjoying the GETSIGHTLY Platform.
No user shall be permitted to upload material into the GETSIGHTLY Platform that he or she ought to know seriously infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the GETSIGHTLY Platform and the Services in a manner which could block access to, impair, damage or otherwise disable the GETSIGHTLY Platform or any of our servers. You may not attempt to gain unauthorized access to the GETSIGHTLY Platform or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to GETSIGHTLY in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the GETSIGHTLY Platform, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the GETSIGHTLY Apps under false pretenses.
I. Limitation of Liability
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE GETSIGHTLY PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, NOR FOR ANY LOST PROFIT, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE GETSIGHTLY MEDIA AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO THE GETSIGHTLY MEDIA; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF THE GETSIGHTLY MEDIA AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE GETSIGHTLY MEDIA AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) AMOUNTS YOU'VE PAID GETSIGHTLY IN THE PRIOR 12 MONTHS (IF ANY); EXCEPT THAT OUR LIABILITY UNDER THE PURCHASE GUARANTEE WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE ACTUAL AMOUNT OF THE PENALTY (NET OF UNPAID TAXES, FEES AND INTEREST) ASSESSED AGAINST YOU, TO A MAXIMUM OF FIVE HUNDRED US DOLLARS ($500) AND (B) THE AGGREGATE AMOUNT (NET OF TAXES) YOU'VE ACTUALLY PAID GETSIGHTLY IN THE PRIOR 12 MONTHS, TO A MAXIMUM OF THE ACTUAL AMOUNT OF THE PENALTY (NET OF UNPAID TAXES, FEES AND INTEREST) AGAINST YOU. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
J. Termination of Service
GETSIGHTLY may terminate this agreement and your use of the GETSIGHTLY Platform at any time without notice if you breach any of these terms. Subscribers may use GETSIGHTLY on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a subscriber and GETSIGHTLY may be terminated.
- a. You issue GETSIGHTLY a termination notice.
- b. We issue notice to any party to the effect that that party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
- c. In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors
Upon such termination, you must immediately cease using the GETSIGHTLY Platform indefinitely. We may at our option immediately block your access to the GETSIGHTLY Platform.
K. Ownership and Disclosure of Information
You own all of your business's private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the GETSIGHTLY Platform. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
- a. For the purposes of fraud prevention and law enforcement;
- b. To comply with any legal, governmental or regulatory requirement;
- c. To our lawyers in connection with any legal proceedings; and
- d. To comply with a court order.
L. Third Party Links and Content
You may when using our Site and Services be directed to websites maintained by other third-party service providers. Such sites are completely independent of the GETSIGHTLY Platform and as we have no control over them, we accept no liability in respect of your use or inability to use them or any of the content of such sites. You acknowledge that any use of the products and services offered by such third-party services providers (eg. for the purposes of payment processing) will be at your sole risk. You acknowledge that use of such third party service providers and their websites is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of the products and services of third-party service providers whether or not such use is ancillary to your use of the GETSIGHTLY Platform. The availability of such third-party services in connection with the GETSIGHTLY Platform does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services.
M. Authorization to Export Data.
N. Force Majeure.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
P. Governing Law and Dispute Resolution.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
Q. Legal Status of Patient Commerce Inc.
The websites www.GETSIGHTLY.com, and GETSIGHTLY.com, and SIGHTAPPS.com, and the names GETSIGHTLY, GETSIGHTLY, SIGHTLY, are property of Patient Commerce Inc. a company incorporated under the Canada Business Corporations Act.
S. Information Received from Third Party Services.
The Services offered by GETSIGHTLY allow subscribers to: use third party service providers to accept payments on the subscribers' behalf; and other services related to the GETSIGHTLY Platform. GETSIGHTLY works with third party service providers to retrieve information for the purpose of providing the Services. However, GETSIGHTLY does not review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third party service providers in connection with any of the Services.
T. Registration Information.
Subscribers and users are responsible for maintaining the confidentiality of their usernames, passwords and other access credentials which allow them use the GETSIGHTLY Platform and access the Services.
U. Consumer Issues.
You acknowledge that you intend to use the GETSIGHTLY Platform and the Services for business purposes and not for individual consumer, household or domestic purposes.
V. Digital Millennium Copyright Act.
Some of the content provided on the GETSIGHTLY Platform from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.
Procedure for Reporting Copyright Infringement Claims: If you believe your copyright in any work has been infringed and such work is accessible through the GETSIGHTLY Platform, you may notify GETSIGHTLY's copyright agent pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) for notice of claims of copyright infringement here, Attention: Copyright Agent. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which GETSIGHTLY may then forward to the alleged infringer:
- a. identification of the copyrighted material that you believe has been infringed;
- b. identification of the allegedly infringing material on the GETSIGHTLY Platform, with sufficient detail to enable us to locate it on the GETSIGHTLY Platform;
- c. your address, telephone number and email address;
- d. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- e. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- f. provide your or your agent's physical or electronic signature.
Upon receiving your complaint, GETSIGHTLY may remove content that you believe infringes your copyright.
NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND ATTORNEY'S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER'S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.