Terms and Conditions:

1. GENERAL

1.1. By downloading or using this Application (as defined below), you agree to be bound by these terms of use (“appterms”). Please review them carefully before use and/or acceptance. “We may change these appterms at any time by posting a new version of them to the Site. Such changes will be effective 10 business days after they are posted, unless a different time is given within the new appterms themselves”

2. DEFINITIONS

The “Application” shall mean the software provided by HandyMetrics Corporation to offer services related to HandyMetrics, HandyMetrics’ services and its partners’ services, to be used on Apple iOS, Android OS, personal computers or any other device, and any upgrades from time to time and any other software or documentation which enables the use of the Application.

3. DATA PROTECTION AND PRIVACY POLICY

Any personal information you supply to HandyMetrics when using the Application can be used by HandyMetrics, in anonymous form, for research and data analytics. HandyMetrics may use this data for the purposes of conducting data analysis, together with such data as HandyMetrics may obtain access to from other users of the SpeedyAudit Service, and the user grants HandyMetrics the right to conduct such analysis and to publish the results of such analysis and to use the analysis to develop and deploy enhancements and improvements to and derivative works of the Software or the SpeedyAudit Service, provided no specific User data is publicly attributed to the User (data shall remain anonymous). Our privacy policy at www.handymetrics.com/privacy applies to website products and services.

4. SpeedyAudit.com

The Application allows you to access certain functionality available on the SpeedyAudit / HandyMetrics website and through the Application.

5. PROPRIETARY RIGHTS AND LICENCE

5.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by HandyMetrics or by HandyMetrics’ licensors or partners.

5.2 This Application contains material which is owned by or licensed to us. This material includes, but is not limited to, images, the design, layout, look, appearance, graphics, content, and workflow. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

5.3 All trademarks reproduced in this Application, which are not the property of, or licensed to, the operator, are acknowledged on the website.

5.4 From time to time this Application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

5.5. HandyMetrics hereby grants you limited, non-exclusive, royalty-free, revocable license to use the Application for your business and personal use in accordance with these appterms or as otherwise modified or superseded by written agreement.

6. CONDITIONS OF USE

6.1. Except for material in the public domain under Canadian and United States copyright law, all material contained in this Application (including all software) is protected by Canadian, United States and foreign copyright laws. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, store in a retrieval system, or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever. You will not license or sell any material contained in SpeedyAudit without prior consent of the copyright owner.  Violation of this provision may result in severe civil and criminal penalties.

6.2. If the Application is currently made available to you free of charge for your use, HandyMetrics reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.

6.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

6.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

7. AVAILABILITY

7.1. This Application is available to handheld mobile devices. HandyMetrics will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside HandyMetrics’ reasonable control.

7.2. HandyMetrics, its directors, employees, sub-contractors and affiliates do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

8. SYSTEM REQUIREMENTS

8.1. In order to use the Application, you are required to have a compatible mobile telephone, handheld device or personal computer as well as internet access.

8.2. The Application may be upgraded from time to time to add support for new functions and services.

9. TERMINATION

9.1. HandyMetrics may terminate use of the Application at any time by giving notice of termination to you.

9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software/Application;

10. LIMITATION OF LIABILITY

10.1. Use of any information or materials from this Application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Application meet your specific requirements. In no event will HandyMetrics be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

10.2. HandyMetrics is not liable to you for any damage or alteration to your equipment including, but not limited to, computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

10.3. Nothing in these appterms shall exclude or limit HandyMetrics’ liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

10.4 Unauthorized use of this Application may give rise to a claim for damages and/or be a criminal offense.

11. DISCLAIMER OF WARRANTIES The Application and software are provided "as is" and "as available" without warranty of any kind.

12. The Contract shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

13. COMPLIANCE WITH APPLICABLE PRIVACY LAWS  The nature of the HandyAudit Service is such that there is no requirement for Personal Information to be entered by the Hospital into the HandyAudit software and the Hospital is strictly prohibited from doing so.  “Personal Information” means information which is “personal information” within the meaning of the Personal Information Protection and Electronic Documents Act (Canada), and/or the Freedom of Information and Protection of Privacy Act (Ontario) and/or which is “personal health information” within the meaning of the Personal Health Information Protection Act, 2004 (Ontario) and/or which is information otherwise protected by federal provincial, state, municipal or other statutes, regulations, ordinances or bylaws applicable to the Hospital that regulate the collection, use, disclosure or storage of information about identifiable individuals (collectively, “laws”) as in force now or in future.

14. MISCELLANEOUS If one or more of these provisions is found to be illegal or unenforceable, this Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect.

-----------------------------