Last updated August 22, 2022

Thank you for using the Dental Hive mobile application and/or website (hereinafter: Application). Dental Hive is a piece of software created to facilitate dental professionals in finding jobs and employees in Canada – and customized for Apple mobile and Android devices. It is used to advertise dental jobs and connect employers with employees.

1. INTRODUCTION

The Application is licensed to You (End-User) by dentalhive.ca Inc., offices located at 582 St. Clair Ave. West, Suite 132, Toronto, ON M6C 1A6, Canada(hereinafter: Licensor), for use only under the terms of this License Agreement. Your right to use the Application is conditioned on your acceptance of these Terms. Therefore, to use the App, you must acknowledge and accept these Terms by clicking the “Sign Up” button when you first register in the App. This will create a binding legal agreement between you and the Licensor, and the Application will launch on your device. You affirm that you have the power and legal authority to agree to these Terms. If you do not agree to the Terms, you do not have a right to download, install, or use the Application, and you should not use the Application.

By downloading the Application from the Apple App Store and/or Google Play, and any update thereto (as permitted by this License Agreement), You indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.

The parties of this License Agreement acknowledge that Apple and/or Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. dentalhive.ca Inc., not Apple nor Google, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or Google Play Terms of Service. dentalhive.ca Inc. acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to you are reserved.

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products or Android mobile device that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service or Google Play Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3  Use restrictions: You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions or Google Terms and Conditions, and with dentalhive.ca Inc.’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application. You may not: use the App for any fraudulent or other illegal purpose; use the App for any commercial or business purpose; upload, post, or transmit anything via the App, including, without limitation, any User Content (as defined below), that is obscene, defamatory, abusive, unlawful, harassing, or threatening or that infringes or otherwise violates any other person’s rights or the rights of any other third party; use the App to post or transmit spam; try to hack the App or to get around any of the App’s security or access control features; modify, adapt, translate, or create derivative works of any portion of the App; remove, alter, or conceal any trademark, logo, copyright or other proprietary notice that is on the App; upload, download, or transmit any viruses, bugs, spyware, Trojan horses or other malicious code or material via the App; express or imply that Dentalhive.ca Inc. endorses any statement that you make; impersonate any person or entity or misrepresent your affiliation or connection with any person or entity; or, copy or use the App or the App content for any other purpose other than as provided in these Terms and the directions made available in the App.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with the Licensor’s prior written consent).

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, the Google Play Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Application satisfies the technical specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2  Licensor and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USER GENERATED CONTRIBUTIONS

The Application may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to personal profile information, location, employment history, references, professional license information, clinic profile information, job details, feedback, comments, suggestions or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

6. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7. LIABILITY

7.1  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

8. WARRANTY

8.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download. Licensor warrants that the Application works as described in the user documentation.

8.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of dentalhive.ca Inc.’s sphere of influence that affect the executability of the Application.

8.3  You are required to inspect the Application immediately after installing it and notify Licensor about issues discovered without delay by e-mail to support@dentalhive.ca. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.

8.4  If we confirm that the Application is defective, Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5  In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Store or Google Play, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App Store or Google Play will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9. PRODUCT CLAIMS

Licensor and the End-User acknowledge that Licensor, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

10. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

11. CONTACT INFORMATION                  

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

dentalhive.ca

582 St. Clair Ave. West, Suite 132 Toronto ON M6C 1A6

support@dentalhive.ca

12. TERMINATION

The license is valid until terminated by Licensor or by you. Your rights under this license will terminate automatically and without notice from Licensor if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Licensor represents and warrants that Licensor will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple or Google Play will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS

Licensor and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Licensor, and not Apple or Google Play, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW

This license agreement is governed by the laws of Canada excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

16.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

End of Terms