Welcome to the Keenoa platform! (hereinafter referred to as the “Platform”) operated by Les Solutions Keenoa Inc. (hereinafter “Keenoa” or “we”).

In order to use the Platform, you must abide by certain rules and terms which are set forth in these Terms of Use, which form a binding contract between the visitor or user or professional using the Platform (hereinafter “you” or the “user”) and Keenoa.

By downloading and using the Platform, you accept to be bound by these Terms of Use. You may prefer not to be bound by these Terms of Use, in which case you must immediately stop using the Platform.

Purpose of Platform

The Platform aims to provide information on the services offered by Keenoa and to allow you to create, organize and manage your profile and connect to a dietitian or nutritionist (hereinafter individually, the “Professional” and collectively, the “Professionals”) is you are a user or to register as a dietitian or nutritionist if you are such professional.

The services offered by Keenoa through the Platform are subject to our Inscription and Subscription Conditions, which you will have to accept in order to complete a purchase.

Access to the Platform

You may use the Platform through a mobile device operating on Android, iOS, or any other mobile operating device on which the Platform is made available by Keenoa. Access and use of the Platform by automated means, such as bots or crawlers, is strictly prohibited, except as provided in a written agreement between you and Keenoa.

We make no warranty as to the constant availability of the Platform, in whole or in part, and we reserve the right to interrupt access to the Platform for the general public or for one or several users, for any period of time, at our sole discretion.

Professionals & the Platform

Professionals represent and warrant to Keenoa that they respect the code of ethics as well as the applicable professional standards that governs them and that they are in good standing with the professional order that governs them (“Professionals’ Obligations”)

Keenoa disclaims any liability with respect to the Professionals’ Obligations and does not make any verification in this respect or as to the identity and competence of the Professionals.

The choice of the Professional is solely the responsibility of the user, who acknowledges that Keenoa did not have any influence in his choice of professional and is not responsible for it.

The use of the Platform is done on a voluntary basis, for both the user and the Professional.

Our Rights

All content available on the Platform, including text, images, drawings, video sequences, audio content, source code and logos is either our exclusive property or is used under appropriate license or permission from the owners, holders or licensees of the applicable rights.

You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, grant any licence or sub-licence in or sell any interest in any content available on the Platform, nor any content obtained through the use of the Platform, except as required for personal use of the Platform for the purpose set forth in these Terms of Use and in accordance with same.

You are authorized to share some Platform content on social media platforms, only through sharing features available on the Platform.

We are the exclusive owner of the following trademarks and domain names: Keenoa and www.keenoa.co. All other trademarks displayed on the Platform are used under appropriate licence and no provision herein shall be interpreted as to concede or grant you or any other person any right whatsoever in said trademarks and domain names.

Forbidden Use

You may not use the Platform to an illegal end or in any way prohibited by these Terms of Use. Without limiting the generality of the foregoing, you are prohibited from making any use or allowing any third-party use of the Platform, which would:

(i) violate these Terms of Use; (ii) be illegal, infringing, harmful, threatening, tortuous, defamatory, slanderous, offensive, obscene, invasive of the privacy of a third party, hateful, fraudulent or malicious; (iii) harass or advocate the harassment of another person; (iv) involve the transmission of junk mail or unwanted mass emails (spam); (v) involve the propagation of any malicious computer code, virus, Trojan horse, worm, harmful code, shut-down mechanism or similar code; (vi) promote illegal activities or conduct; (vii) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (viii) interfere with or disrupt in any way the operation of the website or any server or network involved with the operation of the website; (ix) collect or “harvest” the names of other users; (x) violate any local, national or otherwise applicable law or regulation; or (xi) for Professionals, violate your code of ethics or any applicable professional standard.

Hyperlinks

The Platform may contain hyperlinks to other sites owned and operated by third-parties (“Third-Party Sites”). We have no control over Third-Party Sites and disclaim all liability as to the content provided on such sites. Hyperlinks are provided as a courtesy to facilitate browsing and shall not be construed as an endorsement or approval by Keenoa of any Third-Party Site or any content it may render available.

Terms and policies applicable to websites and web pages related to Keenoa (for example, our Facebook page) may be different from these Terms of Use and in some case could be under the control of third-parties. You should review any such terms or policies before visiting or using related websites or web pages.

Accuracy of Content

We strive to provide the most accurate and up-to-date information possible on the Platform. However, we cannot guarantee that the content of the Platform will at all times be accurate, complete and up-to-date.

Information pertaining to the description, price and availability of services offered through the Platform is accurate to the best of our knowledge, but we make no warranty as to the accuracy or exactitude of such information.

User generated content

Some features of the Platform allow you to post content on the Platform that can be rendered accessible to the Professionals (the “User Content”). You are fully responsible for any User Content you post on the Platform and must make sure that you have all necessary authorizations to publish such content. You represent and warrant to Keenoa that you are authorized to share your User Content with the Professionals worldwide and to grant us the license described below. You further warrant that your User Content does not infringe on other people or organisations’ rights, including intellectual property rights.

User content transmitted to professionals By posting User Content on the Platform, you retain all proprietary rights in and to your User Content, but you grant Keenoa a worldwide, royalty-free, irrevocable, transferable and non-exclusive license to use, modify, adapt, translate, commercially exploit, communicate to the public by telecommunication or otherwise any User Content transmitted to Professionals. You hereby waive and irrevocably undertake to waive, in our favor and in favor of our successors and assigns, all moral rights you may hold with respect to User Content.

User content transmitted to third parties By posting User Content on the Platform, you retain all proprietary rights in and to your User Content, but you grant Keenoa a worldwide, royalty-free, irrevocable, transferable and non-exclusive license to use, modify, adapt, translate, commercially exploit, communicate to the public by telecommunication or otherwise any User Content, with the exception of any personal information allowing you to be identified, which will not be transmitted without your express and written authorization. You hereby waive and irrevocably undertake to waive, in our favor and in favor of our successors and assigns, all moral rights you may hold with respect to User Content.

We reserve the right to delete from the Platform any User Content posted in violation of these Terms of Use or if deemed inappropriate at our sole discretion. However, we do not systematically approve User Content before it is posted and will not be responsible for User Content. Be advised that by browsing or using the Platform, you may be exposed to inappropriate or illegal content.

Visitors’ Suggestions

Where you chose to contact us about improvements to the Platform or to the goods and services offered through the Platform (such communications being hereinafter designated as “Suggestions”), you authorize us to use the Suggestions without restrictions. You hereby assign in our favour all rights, title or interests in and to the Suggestions, irrevocably waive all moral rights you may hold with respect to the Suggestions and undertake to provide the assistance we may seek in order to document, develop and retain our rights, title or interest in and to the Suggestions. You warrant that your Suggestions contain no information that is confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or implied obligation of confidentiality with respect to your Suggestions; (ii) we are authorized to use or disclose (or choose not to use or disclose) your Suggestions for any purpose whatsoever, in any way whatsoever, on any medium whatsoever, anywhere in the world; (iii) we may already have considered or be in the process of developing elements identical or similar to those mentioned in your Suggestions; and (iv) you will not be compensated in any way with regards to our use of the your Suggestions.

Cookies

We use cookies in order to improve website performance and your experience. Cookies are small files saved on your hard drive by the server hosting the Platform or by third-party servers.

Cookies used mainly consist of an identifier that allows your computer to be recognized on your next visits on the Platform. Some cookies are deleted after you quit your browser whereas others are kept indefinitely. You may be able to disable the logging of cookies (or certain type of cookies) through your browser settings. If you disable this feature, you will still be able to browse the Platform, but your experience may be affected and some features of the Platform may be unavailable.

Please refer to our Privacy and Spam Policy to learn more about how we handle the personal information of our visitors and customers.

Disclaimer

ALTHOUGH WE STRIVE TO PROVIDE YOU WITH THE BEST SERVICE POSSIBLE AND MAKE REASONNABLE EFFORTS TO ENSURE THAT THE INFORMATION ON THE PLATFORM IS ACCURATE AND RELIABLE, YOUR USE OF THE PLATFORM AND THE GOODS AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THEIR USE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY. KEENOA ESPECIALLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY, FIABILITY AND VERACITY OF THE INFORMATION AVAILABLE ON ITS PLATFORM.

WE DO NOT WARRANT THAT ACCESS TO THE PLATFORM AND THE SERVICES PROVIDED THEREBY WILL BE UNINTERRUPTED AND SECURE AND THAT CONTENT AVAILABLE THROUGH THE PLATFORM WILL BE ERROR-FREE, ACCURATE, COMPLETE AND UP-TO-DATE. WE FURTHER EXTEND NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE PLATFORM, NOR AS TO THE ACCURACY AND RELIABILITY OF INFORMATION OBTAINED THROUGH THE PLATFORM.

ALL MATERIAL AND/OR ALL DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE PLATFORM IS OBTAINED AT YOUR DISCRETION AND AT YOUR OWN RISK. WE DO NOT WARRANT THAT SUCH MATERIAL IS FREE FROM VIRUSES OR ANY OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY. YOU WILL BE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING AND/OR UPLOADING SUCH MATERIAL AND/OR DATA.

Limitation of Liability

TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL KEENOA BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM, THE INABILITY TO USE THE PLATFORM OR THE SERVICES PROVIDED THROUGH THE PLATFORM OR DAMAGES BASED ON RECOMMANDATIONS OR SERVICES OF PROFESSIONNALS WHETHER SUCH LIABILITY IS BASED ON A CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY SECTION OF THE PLATFORM, OR ANY PORTION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE PLATFORM.

Indemnification

You agree to indemnify, defend and hold harmless Keenoa, its affiliates, directors, officers, shareholders, employees, mandataries and licensors with regards to any claim, loss, damage, responsibility, fees and penalty, including reasonable legal fees and disbursements, arising from (i) your access or connection to the Platform, (ii) your use of the Platform or the services offered thereby, (iii) any use by Keenoa of your User Content, or (iv) any alleged violation of these Terms of Use on your part.

Governing Law

These Terms of Use and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

Dispute Resolution

Any dispute, controversy or claim arising from these Terms of Use or from your use of the Platform and the services provided thereby shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.

Severability

If a provision of these terms of use is, for any reason, found to be invalid, illegal or unenforceable, such invalidity, illegality or impossibility of performance will not impact the other provisions hereof, and these terms of use will be interpreted as if the invalid, illegal or unenforceable provision had never been a part of them.

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify these Terms of Use at any time, without prior notice, by posting the modified terms of use on the website. This posting will automatically constitute a notice for your consideration. All modified terms of use take effect immediately at the time of posting, and by continuing to browse or use the Platform, you automatically accept the modified terms. A hyperlink to the most recent version of our terms of use is available on the Platform and the date of the last modification appears at the beginning of these Terms of Use.

Toutes les modalités modifiées entreront en vigueur sur-le-champ au moment de cet affichage et en continuant à visiter la Plateforme et à utiliser nos services, vous acceptez d’être liés par les conditions d’utilisations modifiées. Un hyperlien vers la version la plus récente de nos conditions d’utilisation est disponible sur la Plateforme et la date de la dernière modification est indiquée au début des conditions d’utilisation.

Additional Information

Keenoa promotes electronic communications. The best way to contact us is to visit the “Contact” section of the Platform.

For all questions, comments or reactions with respect to these Terms of Use, please send a message to the following address: info@keenoa.co.