Terms of Service

Welcome to NewPage Solutions Inc., operating under the name Qiyas: Higher Health (“Qiyas”, “We”, “Us”, “Company”). These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the lifestyle coaching services, mobile application, genetic testing, and Service provided or operated by Qiyas Higher Health (“Service“) including any content and functionality offered through the Service. (“Terms of Use” or “Agreement”)

 

1. General. Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Qiyas Higher Health grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Qiyas Higher Health solely for purposes of your personal use of the Services. The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.
The Service has been designed by Qiyas Higher Health with the purpose of assisting people achieve their health goals though healthy life style choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good enough health to begin these Services, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a health care professional to receive the Services before beginning. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users results will vary for a variety of reasons and Qiyas Higher Health cannot guarantee that you will achieve your health goals.

2. Eligibility. You must be at least eighteen (18) years of age to submit a sample and thirteen (13) years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) if you provide a biological sample, you are at least eighteen (18) years of age and are submitting such sample using a Test Kit; (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) you have reviewed and agree to the Consent, Privacy Policy, and Terms of Service.

3. DISCLAIMER. Qiyas Higher Health is not a medical organization. We do not consider the Service as medical advice of any kind. We do not treat illness or disease. If you require medical attention please contact your physician. By using the service you agree that use of the Service at your own risk. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. The Service and all Materials and Content available through the Service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.

4. Genetic Testing. All our Genetic Testing is done through ManageneDx Canada. All our Services are for research, informational, and educational purposes. If enough DNA is not present in your Saliva Sample the laboratory may not be able to process your sample. Qiyas is committed to Genetic Research and bringing you the best insights from this research. By no means is the genetic research comprehensive. You should understand that as the field and research of genetics advances, you may need further insights and services from Qiyas to help understand these new findings.

5. Term and Termination. The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein. The Company may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service or the health coaches, mobile application or content provided through the Services. In addition to termination, Company reserves the right to pursue any and all remedies available to it.

6. Registrations and Fees. You will provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not use a false nature, e-mail address or phone number or otherwise enter information with the intent to impersonate another person. Services fees for the Term will be paid in accordance with your registration confirmation. You acknowledge that access to the Service many be suspended until payment is received in full. All Service Fees are exclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Services, excluding any taxes based on the Company’s net income.

7. Intellectual Property Ownership. Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, the Company’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Company and/or third parties.

8. Confidentiality. We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials and content provided in connection with the Service) for any purpose with the Company’s consent.

9. Content. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Service may provide information about health and wellness and certain health conditions. However, nothing on this Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained on the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

10. Trademarks. Trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Service is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Service, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

11. Indemnity. You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.

12. Limitation of Liability. Except where prohibited by law, in no event will THE COMPANYOR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, THE COMPANY’S AND ITS AFFILIATE’S liability will in no event exceed the amount of fees paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

13. Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and waive any objection to such jurisdiction or venue.

14. WAIVER OF TRIAL BY JURY. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE.

15. Severability. The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.