DISCLAIMER & LIMITATION OF LIABILITY
BY ENGAGING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE DISCLAIMER, LIMITATIONS OF LIABILITY AND ASSOCIATED RISKS OUTLINED BELOW.
What Are the Services?
The services provided through the LocateMotion “SenSights Platform” are different from the standard consultation typically sought locally through a medical service provider, as it does not directly obtain your medical history or conduct a physical examination. In view of these limitations, the health and wellness data, and related scores and notifications provided should be taken as the best judgment based upon information available.
The services are more fully described in the Terms of Service on our website www.locatemotion.com.
How Are The Services Delivered?
You will be required to upload your information and biometric data either manually or in an automated fashion. The LocateMotion SenSights application will ingest the provided data/information and present the results in the form of dashboards and personalized scores that are visible to your authorized caregivers and healthcare service providers.
What is the Refund Policy?
You will have 7 days after the services have been provided to request any clarification or raise a dispute. In the case of a dispute, the LocateMotion team will review the case.
After this 7 day period your case is deemed to be closed.
If the dispute is deemed accepted, then we will either propose a suitable resolution or refund the payment during the next billing cycle (end of each month).
Disclaimer & Limitation of Liability
By engaging services through LocateMotion you agree to be bound by the following limitation of liability:
- LocateMotion commits to providing services in accordance with the Terms of Service on an as-is, where-is basis without warranties of any kind to the maximum extent permitted by applicable law. You acknowledge that these services do not create a doctor-patient relationship, are not a substitute for regular medical care, and are not guaranteed to be error-free. You acknowledge that the information provided to you is intended to be shared with your existing medical service providers. LocateMotion and its technicians, partners, employees and contractors do not represent or warrant the suitability of the information provided for any general or specific use and assume no liability or responsibility of any kind in connection with such information.
- In the event of a dispute with respect to the delivery of services to you in accordance with the Terms of Service, you are entitled to a review of your case within the seven day review period. If LocateMotion is unable to provide the services in accordance with the Terms of Service and a resolution cannot be reached, you agree that LocateMotion’s liability to you does not exceed the amount paid by you to LocateMotion for the services.
- IN NO EVENT SHALL LOCATEMOTION OR ITS DIRECTORS, TECHNICIANS, PARTNERS, EMPLOYEES AND CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, MALPRACTICE AND IMPROPER TREATMENT OF PERSONAL INFORMATION) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOCATEMOTION OR ITS DIRECTORS, TECHNICIANS, PARTNERS, EMPLOYEES AND CONTRACTORS TO YOU OR TO ANY THIRD PARTY, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, MALPRACTICE AND IMPROPER TREATMENT OF PERSONAL INFORMATION) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU PURSUANT TO THIS AGREEMENT.
By requesting health and wellness monitoring and other telehealthservices through LocateMotion, you acknowledge and agree that:
- You are at least the age of majority in the Province or Territory of your residence and are entitled to enter into this agreement with LocateMotion;
- LocateMotion services are not being sought for a medical emergency or a condition requiring urgent medical attention;
- The consultation provided is not intended to represent or replace a standard medical assessment sought for diagnosis, management and follow up of a new or known medical condition;
- Engaging a LocateMotion registered specialist does not constitute establishing a binding patient-doctor relationship with duty to provide care;