Legal
Our mission is to ensure the privacy and security of mother's and children's personal data, fostering a trusted environment through robust protection and transparent practices.
Terms & Conditions
24th May 2024
Bobo App Ltd. (“Bobo”, “we”, “our” or “us”) offers an online health and wellness platform for growing families (the “Platform”) that enables members to access educational health and wellness-related content (including live sessions, on-demand programming and other materials) and to connect with third party medical professionals (such as (without limitation) personalized roadmap and studio). After you (“you” or “your”) open an account on the Platform, you are able to access services that we or others may provide to you through or in connection with the Platform (the “Services”). Services provided by others are “Expert Team Services”. You may access the Platform through an app named or branded for Bobo App (the “Platform App”). You may access the Platform through the web portal named or branded for Bobo App (the “Platform Web Portal”).
PLEASE READ THESE Bobo App PLATFORM MEMBER TERMS (“TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BOBO APP. THESE TERMS GOVERN YOUR ACCESS TO THE PLATFORM AND THE SERVICES. BY SIGNING UP FOR AN ACCOUNT, BY DOWNLOADING A PLATFORM APP, BY USING THE PLATFORM WEB PORTAL, OR BY ACCESSING OR USING THE PLATFORM OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE PLATFORM OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE PLATFORM, THE SERVICES, THE PLATFORM APPS, AND THE PLATFORM WEB PORTAL. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION.
THE PLATFORM AND THE CONTENT (AS DEFINED HEREIN) ARE NOT INTENDED TO REPLACE OR SUBSTITUTE THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD SPEAK WITH YOUR HEALTHCARE PROVIDER FOR INFORMATION REGARDING HEALTH-RELATED QUESTIONS. THE CONTENT ON THE PLATFORM OR ACCESSIBLE THROUGH THE PLATFORM SHOULD NOT BE CONSTRUED AS TAKING THE PLACE OF ANY ADVICE RECEIVED FROM YOUR HEALTHCARE PROVIDER OR AS A SUBSTITUTE FOR SEEKING ADVICE FROM YOUR HEALTHCARE PROVIDER. BOBO APP IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON CONTENT AVAILABLE THROUGH THE PLATFORM. SUCH CONTENT IS GENERAL IN NATURE, IS NOT COMMUNICATED TO YOU PERSONALLY, AND IS NOT INTENDED TO BE ADVICE OR INFORMATION TO BE RELIED UPON BY YOU NOR SHOULD IT BE.
DO NOT USE THE PLATFORM OR CONTENT TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM EXCEPT ON THE ADVICE AND SUPERVISION OF YOUR HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE PLATFORM.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
These Terms are effective on the earlier of the date that (a) you click to accept these Terms, or (b) you first sign up for a Bobo App account, download a Platform App use the Platform Web Portal, or otherwise access or use the Platform or the Services. You acknowledge The Bobo App privacy statement located at https://theboboapp.com/privacy-policy (the “Privacy Statement”), as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.
Your Account
You must register for a Bobo App account to access and use the Platform, the Services, the Platform Apps, and the Platform Web Portal. You must provide the information reasonably requested by Bobo App for that purpose. You represent and warrant to Bobo App that you have not misrepresented any information that you have provided to Bobo App in connection with your account. You are responsible for maintaining the confidentiality of your user name and password. Bobo App recommends that you use a strong and unique password and that you change it frequently. Do not reuse passwords. You agree not to disclose your user name or password to any third party. Bobo App may reject, or require that you change, your user name or password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify Bobo App immediately. It is your responsibility to update or change your account information, as appropriate.
Your Privacy and Personal Information
For a summary of how Bobo App collects, uses and discloses personal information, please see Bobo App’s Privacy Statement. When you use the Platform, the Services, the Platform Apps, and the Platform Web Portal, you may also interact with others, such as the provider of an Expert Team Service. The others with whom you interact may also collect, use and disclose your personal information. Bobo App's Privacy Statement only describes how Bobo App collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy policies.
Access
You may access the Platform Apps and the Platform Web Portal to access and use the member functionality of the Platform and the Services, and the member content that is available on the Platform and the Services (“Content”). These Terms permit you to use the Platform, the Services, the Platform Apps, and the Platform Web Portal for your personal use only, and not for any commercial purpose.
Additional Terms
You agree to comply with these Terms and with all applicable laws. Some Services and Expert Team Services may have additional terms that apply to your use of those Services or Expert Team Services (“Additional Service Terms”). You agree to comply with all such Additional Service Terms. Additional Service Terms are available through the Platform Web Portal at the websites of the providers of the Services or Expert Team Services.
Submitting Information through the Platform
Certain parts of the Platform and Services let you provide information to Bobo App, and to other providers of Services (including Expert Team Services). You agree that (a) all information you provide on or through the Platform (each, a “Submission”) will be true, accurate and complete, (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) Bobo App and the providers of Expert Team Services are entitled to rely on your Submissions, (e) you will only include the personal information of another individual in your Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others, that is bigoted, hateful, or racially offensive, or that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, (g) you have obtained at your own expense all necessary consents, rights and permissions required to grant to Bobo App the license provided below, and (h) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you hereby grant to Bobo App and the providers of the Services an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how Bobo App collects, uses and discloses personal information that might be included in a Submission, please see Bobo App’s Privacy Statement.
Apple App Store
The following applies to any Platform App you obtain from the Apple App Store (an “Apple Platform App”): You acknowledge and agree that these Terms are solely between you and Bobo App, and not with Apple, Inc. (“Apple”) and Bobo App, not Apple, is solely responsible for the Apple Platform App and the content thereof. You may only use the Apple Platform App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Platform App. In the event of any failure of the Apple Platform App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Platform App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Platform App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Bobo App as the supplier of the Apple Platform App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Platform App or your possession and/or use of the Apple Platform App, including, but not limited to (a) product liability claims, (b) any claim that the Apple Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Bobo App as a supplier of the Apple Platform App. You acknowledge that, in the event of any third-party claim that the Apple Platform App or your possession and use of the Apple Platform App infringes that third party’s intellectual property rights, Bobo App, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple Platform App, you may direct them to Bobo App Ltd.. at 38 Samuel Hearne Crescent R0E 1A0, Lac Du Bonnet , or contact us by email at support@theboboapp.com. You agree to comply with all applicable third-party terms of agreement when using the Apple Platform App, including your wireless data service agreement. You and Bobo App acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Google Play Store
The following applies to any Platform App you obtain through the Google Play Store (a “Google Platform App”): You acknowledge and agree that these Terms are solely between you and Bobo App, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Google Platform App. Bobo App, and not Google, is solely responsible for the Google Platform App. Google has no obligation or liability to you with respect to the Google Platform App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.
Mobile Device Data Charges
You are solely responsible for any data charges and similar fees associated with your use of the Platform or the Services through a mobile device.
Reservation of Bobo App Rights
Bobo App and its licensors and the providers of Services have and will retain all right, title and interest in and to the Platform, Services, Content, Platform Apps and Platform Web Portal, and the software and systems used to provide them (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Platform, Services, Content, Platform Apps and Platform Web Portal. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks owned or used by Bobo App or by the providers of Services.
License to Use Your Feedback
You grant to Bobo App and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
Expert Team Services
While some Services are provided by Bobo App, the Platform also allows you to access Expert Team Services. You are responsible for all fees and taxes that may be charged for the use of Expert Services outside of the Platform. Your use of any Expert Team Services is at your own risk. Where the Expert Team Services are provided by a health care provider, Bobo App will use reasonable efforts to verify that the health care provider is licensed in the jurisdiction in which the health care provider claims to be licensed. Bobo App makes no representations or warranties with respect to, nor does it guarantee or endorse, any Expert Team Services. Bobo Appdoes not guarantee the continued availability of Expert Team Services, and Bobo App may disable an Expert Team Service at Bobo App’s sole discretion. Your dealings with the provider of any Expert Team Services are solely between you and the provider. Accordingly, Bobo App expressly disclaims responsibility and liability for all Expert Team Services, and you agree that Bobo App shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Expert Team Services. If you have any issues with an Expert Team Service, you must contact the provider of the Expert Team Service directly. Where you use an Expert Service, you authorize us to provide basic account information to the provider of the Expert Team Service to allow the provider of the Expert Team Service to contact you.
Expert Team Content When you use Expert Team Services, content is provided by providers of Expert Team Services and other third parties (collectively, “Expert Team Content”). You use any Expert Team Content at your own risk. Bobo Appmakes no representations or warranties with respect to, nor does it guarantee or endorse, any Expert Team Content. Bobo App does not guarantee the continued availability of Expert Team Content, and Bobo App may disable or remove any Expert Team Content at Bobo App's sole discretion. Bobo App expressly disclaims responsibility and liability for all Expert Team Content, and you agree that Bobo App shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Expert Team Content.
Links to Other Sites
The Platform, Services or Content may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by Bobo App and are maintained by third parties over which Bobo App exercises no control. Accordingly, Bobo App expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Content, Functionality and Access
Bobo App may at any time, with or without notice, without liability, and for any reason (a) remove any Content from the Platform or Services, (b) remove any functionality from the Platform or Services, (c) change any functionality on the Platform or Services, (d) modify the Platform App or Platform Web Portal, and (e) deny any person access to the Platform or Services. Bobo App furthermore reserves the right to take any action related to the Platform, Services, Content, Platform Apps or Platform Web Portal that is required to comply with applicable law.
Fees and Payment
You will pay Bobo App the fees for the Services (“Fees”) in accordance with Bobo App’s then-current rate card and payment terms found at https://theboboapp.com/ (the “Rate Card”). Bobo App (or a third party payment processor) will charge you for all Fees due with respect to the Services by credit card in accordance with the then-current Rate Card. You will receive a statement of charges, in accordance with the billing and payment terms set out in the then current Rate Card, which will serve as a receipt for Services provided and Fees charged. Fees will be waived for all Beta Members for the first year of use. Your payments may be processed on behalf of Bobo App by a third party payment processor using their secure site. For greater certainty, where a third party payment processor is used, (a) your payment information will be sent to the third party payment processor; and (b) personal information that you submit during the payment process is subject to the Privacy Statement. Bobo App reserves the right at any time to reject, cancel or terminate any transaction, even if any payment in respect of any such transaction is accepted by Bobo App’s third party payment processor.All Fees are non-cancellable and non-refundable, except as expressly specified in these Terms. Unless otherwise expressly agreed by the parties in writing, any Fees paid will not offset any other Fees due. Non-payment or late payment of Fees which are not the subject of a written good faith dispute is a material breach of these Terms and, Bobo App shall be entitled to withhold performance and discontinue the Services until all amounts due are paid in full.The Fees are exclusive of, and you are responsible for payment of, all taxes, levies, duties, tariffs, assessments, export and import fees, or other similar local, state, provincial, federal or foreign jurisdiction governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes imposed by any jurisdiction arising from the payment of the Fees or Bobo App’s provision of the Services, except taxes based on Bobo App’s income, property or employees (collectively, the “Taxes”). If Bobo App has the legal obligation to pay or collect Taxes for which you are responsible under this section, Bobo App will invoice you and you will pay that amount unless, prior to your purchase, you provide Bobo App with a valid tax exemption certificate authorized by the appropriate taxing authority. You will make all payments of Fees to Bobo App without reduction for any withholding taxes, except as required by law, and any such taxes imposed on payments of Fees to Bobo App will be your sole responsibility and your shall increase the amount payable as necessary so that after making all required deductions and withholdings, Bobo App receives an amount equal to the amount it would have received had no such deductions or withholding been made. Further, you will provide Bobo App with official receipts issued by the appropriate taxing authority, or such other evidence as Bobo App may reasonably request, to establish that such taxes have been paid.
Email Marketing Subscription
By downloading our app, you agree to become a subscriber to our email marketing and newsletter. This allows us to keep you informed about updates, new features, and relevant content related to the Bobo App platform. Should you wish to be removed from our email list at any time, please email us at info@theboboapp.com.
Right to be Forgotten
In accordance with the European Union's General Data Protection Regulation (GDPR), we adhere to the "Right to be Forgotten" principle. This means that you have the right to request the deletion of your personal data from our systems. If you wish to exercise this right, please contact us at info@theboboapp.com. We will process your request in accordance with applicable laws and regulations, subject to any legal obligations we may have to retain certain data.These new sections would be integrated into the existing terms and conditions document, maintaining the overall structure and style. They provide clear information about email subscription and data deletion rights, enhancing transparency and user control over personal information.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS AND PLATFORM WEB PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS AND PLATFORM WEB PORTAL IS AT YOUR OWN RISK. BOBO APP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS AND OTHER TERMS (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS AND PLATFORM WEB PORTAL, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. BOBO APP MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS AND PLATFORM WEB PORTAL WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS OR PLATFORM WEB PORTAL WILL BE SECURE, OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE PLATFORM, SERVICES AND CONTENT WILL BE FREE OF MALICIOUS CODE. BOBO APP IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM OR THE SERVICES. BOBO APP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY EXPERT TEAM SERVICES, EXPERT TEAM CONTENT, OR THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE PLATFORM, SERVICES OR CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS OR PLATFORM WEB PORTAL IS TO STOP USING THEM.
IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF BOBO AP (AND BOBO APP’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF EXPERT TEAM SERVICES AND EXPERT TEAM CONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE PLATFORM, SERVICES, CONTENT, PLATFORM APPS OR PLATFORM WEB PORTAL, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) THE SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. ANY ACTION COMMENCED BY YOU AGAINST BOBO AP MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.
IN NO EVENT WILL BOBO APP (OR BOBO APP’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF EXPERT TEAM SERVICES AND EXPERT TEAM CONTENT) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Indemnity
You will indemnify and hold Bobo App (and Bobo App’s directors, officers, employees, partners, suppliers and agents, and the providers of Expert Team Services and Expert Team Content) harmless from all Losses arising from your use of the Platform, Services, Content, Platform Apps or Platform Web Portal, or your breach of any of these Terms, and from all Losses resulting from any Submission that is untrue, inaccurate or incomplete.
Termination and Suspension
If you fail to comply with these Terms, then, without limiting any other right or remedy available to Bobo App, Bobo Appmay suspend or terminate your access to all or any part of the Platform, Services, Content, Platform Apps or Platform Web Portal, with or without notice to you, and without any liability to you or any other person. Bobo App may suspend or terminate your access to all or any part of the Platform, Services, Content, Platform Apps or Platform Web Portal, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Bobo App terminates or suspends your access to all or any part of the Platform and/or some or all of the Services, Content, Platform Apps or Platform Web Portal, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
Export Controls
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America or Canada of any of the Platform, Services or Content, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export any of the Platform, Services or Content, or any information about any of them without the prior written consent of Bobo App and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to the U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
Amendments
The “last updated” legend above indicates when these Terms were last amended. Bobo App may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Platform and providing notice to you. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Platform, Services, Content, Platform Apps and Platform Web Portal within the 30-day notice period, or up to 30 days after the notice period expires, if we have changed these Terms in a way that increases your obligations or reduces our own. If you continue to access or use the Platform, Services, Content, Platform Apps or Platform Web Portal after the applicable 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
Governing Law & Jurisdiction
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, the Content, the Platform Apps or the Platform Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Bobo App each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that Bobo Appshall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that Bobo App shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
Injuction
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Bobo App, such harm would not be quantifiable in monetary damages, and Bobo App would not have an adequate remedy at law. You agree that Bobo App shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Bobo App post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Bobo App to enforce any provision of these Terms.
Class Action Waiver
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Platform, the Services, the Content, the Platform Apps or the Platform Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Bobo App will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
Entire Agreement
These Terms, together with any Additional Service Terms, represent the entire agreement between you and Bobo App with respect to use of the Platform, Services and Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral or written between you and Bobo App with respect to any of the foregoing.
Unacceptable Use
You will not (a) make the Platform, Services, Content, Platform Apps or Platform Web Portal available to, or use the Platform, Services, Content, Platform Apps or Platform Web Portal for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute (for a commercial purpose), make available, rent or lease the Platform, Services, Content, Platform Apps or Platform Web Portal, or include the Platform, Services, Content, Platform Apps or Platform Web Portal in a service bureau or outsourcing offering, (c) use the Platform, Services, Platform Apps or Platform Web Portal to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Platform, Services, Platform Apps or Platform Web Portal to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Platform, Services, Content, Platform Apps or Platform Web Portal, (f) attempt to gain unauthorized access to the Platform, Services or Content or their related systems or networks, (g) access or use any Bobo App intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Platform, Services, Content, Platform Apps or Platform Web Portal or any part, feature, function or user interface of the Platform, Services, Content or Platform Web Portal, (i) frame or mirror any part of the Platform, Services, Content or Platform Web Portal, or otherwise incorporate any portion of the Platform, Services, Content or Platform Web Portal into any product or service, (j) access or use the Platform, Services, Content, Platform Apps or Platform Web Portal in order to build a competitive product or service or to benchmark with a non-Bobo App product or service, (k) reverse engineer the Platform, Services, Content, Platform Apps or Platform Web Portal, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Platform, Services or Content that is (expressly or implicitly) not intended for use by you, (m) use any non-Bobo App automation code in relation to the Platform, Services or Content (including any “bot” or “spider”), (n) collect or harvest any information from the Platform, Services or Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Platform, Services, Content, Platform Apps or Platform Web Portal, (p) probe, scan, or test the vulnerability of the Platform, Services, Platform Apps or Platform Web Portal or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Platform or Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Bobo App or any other person on or through the Platform, Services, Platform Apps or Platform Web Portal.
General
If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Bobo App granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Bobo App to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by Bobo App of that or any subsequent default or failure of performance. Bobo App’s affiliates, Bobo App’s directors, officers, employees, partners, suppliers and agents, and Expert Team Services and Expert Team Content, are third-party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability” and “Indemnity”. Apple, Google and their subsidiaries are third-party beneficiaries of these Terms. There are no third-party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Bobo App. Bobo App may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Bobo App and your and its respective successors and permitted assigns.
© (2024) Bobo App Ltd. All rights reserved. No part of this manual may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bobo App Ltd.
Privacy Policy
24th May 2024
At Bobo, we are deeply committed to protecting the privacy of mothers and children who use our services. We understand the sensitive nature of the personal information you entrust to us, and we are dedicated to maintaining the highest standards of confidentiality and security. This privacy policy outlines how we collect, use, and safeguard your data, ensuring transparency and trust in our practices.
Our commitment to data security is unwavering. We employ advanced security measures and continuously update our protocols to protect against unauthorized access, disclosure, or misuse of your information. By prioritizing your privacy, we strive to create a secure environment where mothers and children can confidently access our services, knowing that their personal information is protected with the utmost care.
Bobo App Ltd. (“Bobo”, “we”, “our” or “us”) recognizes the importance of privacy. The purpose of this privacy statement (“Privacy Statement”) is to inform you (“you” or “your”) about our privacy practices, including how we collect, use and disclose your Personal Information (as defined herein).This Privacy Statement applies to all of our operations in Canada or operations in connection with Canada unless we have provided you with a separate privacy statement for a particular product, service or activity.
Privacy Statement Updates
This Privacy Statement is current as of the “updated” date which appears at the top of this page. We may modify this Privacy Statement from time to time and it is your individual responsibility to review any updates. When changes are made to this Privacy Statement they will become effective on the date set out in any notice or on the “updated” date as published in a revised Privacy Statement posted on our website.
Please review this Privacy Statement carefully. By submitting your Personal Information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your Personal Information as set out in this Privacy Statement, as revised from time to time.
Bobo services may allow you to access services provided by others and to interact with other service providers, including third-party medical professionals and specialists (referred to as your “Expert Team”). Where you choose to use services provided by others (including your Expert Team) or interact with other service providers, you consent to us disclosing your Personal Information to those third-party services providers to facilitate your use or interaction with those services and providers.
WHAT THIS PRIVACY STATEMENT COVERS
This Privacy Statement covers the following topics:
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Meaning of Personal Information
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Your Consent to Collection, Use and Disclosure
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Personal Information We Collect
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How We Use Your Personal Information
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Opting Out of Communications
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Retention of Personal Information
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Information Security
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Accessing and Updating Your Personal Information
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International Transfer and Storage of Information
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Third Party Services
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Children’s Information
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How to Contact Us
Meaning of Personal Information
"Personal Information" means information about an identifiable individual as described under Canadian privacy laws. This information may include your name, mailing address, e-mail address, telephone number, and information you provide us regarding your physical condition and health care.
Personal Information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work e-mail address.
Personal Information also does not include information that has been de-identified, anonymized, or aggregated in such a way that there is no serious possibility it can be used, or where it could not be used in reasonably foreseeable circumstances, to identify an individual whether on its own or in combination with other information.
Your Consent to Collection, Use and Disclosure
We collect, use and disclose your Personal Information with your consent or as permitted or required by Canadian privacy laws. How we obtain your consent (i.e., the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the Personal Information in question.
If you wish to withdraw your consent to our collection, use or disclosure of your Personal Information, please contact us using the contact information in the “How to Contact Us” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide you with certain products or services.
If you provide Personal Information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this Privacy Statement.
Personal Information We Collect
The Personal Information we collect is generally in one or more of the following categories.
Products and Services
For individuals located in Canada who use our products and services, we may collect information from you or from your use of our products or services. We collect Personal Information that you submit through your use of our products or services, such as your name, e-mail address, telephone number, and other contact information. We also collect your health information including:
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Your clinical pathway and the reasons you are using The Bobo App services.
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Information about the symptoms that you are experiencing and your capabilities.
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The conditions for which you have been diagnosed or treated that are relevant to your use of the services booked via Bobo App.
We may also automatically collect usage data that is identifiable with you when you use our products and services.
Website
For individuals located in Canada who visit our website and located at https://theboboapp.com/ or any of our related websites, including to access the Bobo platform (collectively, “our website”), we may collect information from you or from your activities on our website.
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Like most websites and other Internet services, we may collect certain technical and device information about your use of our website. Such information may include your Internet protocol address, information about your device, browser and operating system, and the date and time of your visit.
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We may use “cookies” or enlist third party services which use cookies to track your preferences and activities on our website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences, making your subsequent visits to that website more efficient. Cookies may store a variety of information, including the number of times that you access a website, your language preferences and the number of times that you view a particular page or other item on that website. The use of cookies is a common practice adopted by most major websites to better serve their users. Most browsers are designed to accept cookies, but they can be modified to block cookies. Without cookies some of our website’s functions may not be available.
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We may also use “web beacons” to better understand how our website is being used and to enhance your online experience. Web beacons are Internet tools that help us determine, for example, whether a page of our website has been viewed.
You have a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.
Other Interactions
For individuals located in Canada who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products or services, who sign-up to receive newsletters or other communications, who respond to surveys and questionnaires, or who submit testimonials or other feedback, we may collect information that you provide to us during these interactions. This information may include your name, e-mail address and other contact information.
How We Use Your Personal Information
We may use your Personal Information for purposes such as:
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providing you with our products and services and supporting your use of our products and services;
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to improve the effectiveness and safety of Bobo App services;
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monitoring the usage of our products and services to support their proper functioning and further improvement;
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analyzing the needs and activities of our customers to help us better serve them, including the use of Google Analytics Advertising Features;
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generating de-identified data to conduct research and analysis related to our business, products and services;
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responding to inquiries and other requests;
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collecting opinions and comments about our products and services;
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providing you with information that we think may interest you, including information about our products and services;
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and investigating legal claims.
We may use your Personal Information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable Canadian privacy laws.
We do not use the information we collect to advertise third party products and services or targeted advertising of Bobo products and services across third party websites or service offerings.
How We Share Your Personal Information
We rely on third party services providers to perform a variety of services on our behalf, such as (without limitation) your Expert Team, hosting, data storage and processing service providers, payment processors, telecommunications carriers, email providers, telephone and technical support providers, and research and analytics providers.
If we provide your information to service providers, then we require that the service providers keep your Personal Information secure, and only handle it for limited purposes for which it is provided. We do not authorize the service providers to disclose your Personal Information to unauthorized parties or to use your Personal Information for their own purposes. If you would like more information about our service providers, please contact us using the contact information in the “How to Contact Us” section below.
Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our rights, operations or property; (f) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your Personal Information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets, or other business transaction.
If we otherwise intend to disclose your Personal Information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.
Opting Out of Communications
If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us. You may also opt-out by contacting us directly using the contact information in the “How to Contact Us” section below.
If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us. You may also opt-out by contacting us directly using the contact information in the “How to Contact Us” section below.
Retention of Personal Information
We will use, disclose or retain your Personal Information only for as long as necessary to fulfill the purposes for which that Personal Information was collected and as permitted or required by Canadian privacy laws.
Information Security
We have implemented physical, organizational, contractual and technological security measures with a view to protecting your Personal Information from loss or theft, and unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your Personal Information are those with a business ‘need-to-know’ or whose duties reasonably require such information.
Despite the measures outlined above, no method of information transmission or information storage is 100% secure or error-free, so we, unfortunately, cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “How to Contact Us” section below.
Accessing and Updating Your Personal Information
You may make a written request to review any Personal Information about you that we have collected, used or disclosed, and we will provide you with any such Personal Information to the extent required by applicable laws. You may also challenge the accuracy or completeness of your Personal Information in our records. If you successfully demonstrate that your Personal Information in our records is inaccurate or incomplete, we will amend the Personal Information as required.
We may require that you provide sufficient identification to fulfill your request to access or correct your Personal Information. Any such identifying information will be used only for this purpose.
International Transfer and Storage of Information
Your Personal Information may be stored and processed at our offices in Canada or at the offices of our third party service providers, or at data centers managed by us or third party service providers, in Canada and the United States. Other jurisdictions may have different data protection rules than Canada. While your Personal Information is outside of Canada, it is subject to the laws of the country in which it is located. Those laws may require disclosure of your Personal Information to authorities in that country. For written information about our policies and practices regarding service providers outside of Canada, contact our Privacy Officer using at the contact information in the “How to Contact Us” section below.
Third Party Services
Bobo App services may allow you to access services provided by others and to interact with other service providers, including health care providers. These services provided by others are subject to the privacy practices of the third-party service provider and are governed by their privacy statements and policies, not those of Bobo. We may also provide links to third party websites for your convenience and information. This Privacy Statement does not extend to any services, products or websites provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party services, products or websites.
How to Contact Us
All comments, questions, concerns or complaints regarding your Personal Information or our privacy practices should be sent to our Privacy Officer as follows or sent to us via below form. third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party services, products or websites.
Address
Attention: Privacy Officer
38 Samuel Hearne Crescent
Lac Du Bonnet
R0E 1A0