Last Updated the 21ST  day of February , 2024 BETWEEN You AND Scrub Harvard Inc. operating as Scrub Harvard a corporation duly constituted under the laws of Ontario, Canada .

Having its address for service at 937 Whimbrel Way, Ottawa, ON K2J 6C5 (Hereinafter referred to as “Scrub Harvard”)

NOTICES

Please read this Document carefully as it creates legal obligations and constitutes a binding agreement between You and Scrub Harvard.

These General Terms and Conditions apply to all Users.

You must have attained the age of majority in the Jurisdiction in order to qualify to lawfully use the Platform.

If You are using the Platform on behalf of another person including a non-natural person, You confirm that You have the authority to bind such person to these General Terms and Conditions.

By accessing, browsing, and using the Platform, You confirm that You have read and accepted this Document. 

If You do not accept this Document, then do not access or use the Platform or any of its content.

These General Terms and Conditions are subject to change by Scrub Harvard in its sole discretion at any time to the fullest extent permitted by applicable law. 

Upon making any changes, Scrub Harvard will make a new copy of the General Terms and Conditions available on the Platform and update the "last updated" date at the top of the General Terms and Conditions. 

Scrub Harvard may also send an email to You at the last email address You provided. 

Any changes to the General Terms and Conditions will be effective immediately after posting notice of such changes on the Platform. 

Scrub Harvard may require You to provide consent to the updated General Terms and Conditions in a specified manner before further use of the Platform. 

If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Platform. Your continued use of the Platform constitutes your acceptance of such change(s).

The Platform may use or rely on services and content from third party utilities, software or service providers including Google, Microsoft, and Apple and You agree that it is your responsibility to obtain and review the terms of service of such third parties.

WHEREAS

Recitals Scrub Harvard maintains and, upon request, provides access to an online store and mobile application or forum which enables persons to review and purchase healthcare apparel or other products offered for sale by Scrub Harvard.

You have requested a license to use the Platform for your purpose; and

Scrub Harvard has accepted to provide You a license to use the Platform in accordance with the following terms and conditions;

NOW THEREFORE in consideration of your having access to and using the Platform, You covenant and agree with Scrub Harvard as set out in this Document.

DEFINITIONS & INTERPRETATIONS

When used in this Document, the following capitalized expressions shall have the meanings set beside them in this article:

“Customers” means persons who order healthcare apparel or other products offered by Scrub Harvard on the Platform.

“Document” or “General Terms and Conditions” means these general terms and conditions together with all schedules and addenda referred to herein.

“Download Providers” means third parties providing download services that facilitate the use of the Platform including but not limited to Apple Inc. ("Apple"), Amazon Inc. (“Amazon”), Google, Inc. ("Google"), Microsoft Inc. (“Microsoft), or their affiliates and collaborators.

"Force Majeure Event" means an occurrence beyond the control of the affected party including, but not limited to, governmental orders and restrictions, acts of God, strikes, work stoppage or other labour disturbances, war or sabotage, but excluding financial limitations of a User.

“GST” means an amount equal to any and all goods and services taxes, sales tax, harmonized sales taxes, value added taxes, business taxes, or any other taxes imposed with respect to any transactions between Scrub Harvard and a Customer.

“Jurisdiction” means Ontario, Canada.

“Location” means the location of the User.

“Order” means healthcare apparel or other goods purchased by a Customer from Scrub Harvard through the Platform.

“Payment Processor” means any payment services provider retained by Scrub Harvard from time to time, to process, manage or facilitate payments by Customers.

"Personal Data" means any information obtained in connection with this Document: 

relating to an identified or identifiable natural person; that can reasonably be used to identify or authenticate an individual, including but not limited to name, contact information, precise location information, persistent identifiers; or any information that may otherwise be considered personal data under the applicable law.

“Platform” means the online store, mobile application, or similar forum maintained by Scrub Harvard, to enable Users to review, purchase, track the fulfillment of, and, when applicable, delivery of goods from Scrub Harvard.

“User” means any person, including individuals and other legal entities, accessing or otherwise using the Platform and includes Customers.

“User Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Platform by a User including User Submissions.

“User-Related Content” means data, information, records, files, material or other content collected by Scrub Harvard from a User’s computer, mobile devices, or from third parties with the User’s permission, including all results from processing such data, including compilations, and derivative works. 

“User Submissions” means comments, ratings, reviews, suggestions or feedback submitted by a User using the Platform.

In interpreting this Document, the following rules shall apply:

Pronouns in context Words may be read and construed in the plural instead of singular, feminine and neutral genders instead of the masculine, and vice versa and words importing persons shall include bodies corporate, corporations, companies, partnerships, syndicates, trusts and any number of aggregate persons, all as the context requires.

Headings and marginal notes Headings and marginal notes are for convenience only and do not affect the interpretation of this Document. 

Severability If any term, covenant or condition of this Document shall, to any extent, be invalid or unenforceable, the remainder of this Document shall not be affected thereby, and each term, covenant, and condition of this Document shall be enforced to the fullest extent permitted by law.

Governing law These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Jurisdiction.

Specific agreements prevail In the event of any conflict between this Documents and any separate specific agreement entered into between Scrub Harvard and a Customer, the terms of the separate agreement will govern. 

GRANT

Grant of license Subject to the provisions of this Document, Scrub Harvard hereby grants You a non-exclusive license, to use the Platform, for the sole purpose(s) of: reviewing goods offered by Scrub Harvard or creating a User Account; and Where You are a Customer, in addition to the above, placing Orders, paying for Orders (including delivery charges where delivery is requested), posting Submissions on Orders, and such other uses set out in any separate specific agreement between Scrub Harvard and You (“the Licensed Use”).

Reservations Scrub Harvard and its affiliates and their contracting third parties reserve all rights not expressly granted in this Document. The Platform and all related data, including all intellectual property rights associated thereto, are and remain the property of Scrub Harvard, its affiliates, and licensors. 

No transfer You shall not transfer, assign, or sublicense the license granted under this Document without the prior written consent of Scrub Harvard.

Control of use Scrub Harvard retains the right, at its sole discretion, to deny You access to the Platform at any time and for any reason (or no reason at all), including, but not limited to your being in violation of the terms set out in this Document or use of the Platform for use other than the Licensed Use. You will cease and desist from access or use of the Platform immediately upon request by Scrub Harvard.

Control of content Scrub Harvard reserves the right to change or allow a User or third party to change any information, material or content (including, but not limited to, price, features, availability of goods, or Submissions) contained on or provided through the Platform at any time, and from time to time, without notice. 

USER ACCOUNTS

Create account Prior to using the licensed features of the Platform, You shall register by creating a user account (“User Account”) using the provided interfaces at the Platform. You may browse the unlicensed features of the Platform without creating a User Account.

Keep account secure Your User Account must be kept secure and You agree that You will not share or disclose your User Account credentials with anyone and that Scrub Harvard will not be liable for any loss or damage arising from your failure to safeguard your User Account including but not limited to failure to use strong passwords or limit its use to your User Account. 

Refusal to create account Scrub Harvard reserves the right to deny your request for a User Account (including usernames) and to disable or terminate access to any User Account (including usernames) issued to You at any time in Scrub Harvard’s sole discretion. If Scrub Harvard disables access to a User Account issued to You, You will be prevented from accessing the Platform, your User Account details, Orders or other information associated with your User Account.

Termination by Scrub Harvard Scrub Harvard may suspend or terminate your ability to access the Platform, or cease providing You with all or part of the Platform at any time for any or no reason, including but not limited to: if Scrub Harvard has a reasonable basis to believe that You are in breach of the terms of this Document; If Scrub Harvard has a reasonable basis to conclude that You are likely to create a risk of legal liability to it; prolonged inactivity; or providing the Platform to You is no longer commercially viable.

Removal of content and notification Upon suspending or terminating your User Account, Scrub Harvard may also remove some or all of your User Content. Scrub Harvard may make reasonable efforts to notify You by the email address associated with your account, through the Platform next time You attempt to access your User Account, depending on the circumstances.

You acknowledge and agree that all suspensions or terminations may be made by Scrub Harvard in its sole discretion and that it will not be liable to You or any third-party for any suspension or termination of your access or for the removal of your User Content. Any suspension or termination of this Agreement by Scrub Harvard will be in addition to any and all other rights and remedies that Scrub Harvard may have.

User may request deletion of User Account You may request by email or through any then-available interfaces that your User Account be deleted and that your license be terminated by uninstalling and removing all local software or components thereof, if any. If You request deletion of your User Account, Scrub Harvard may disable your User Account but keep the disabled User Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from You, You may request termination of this Document at any time by email (or any then-available interface on the Platform) that your User Account be deleted. Scrub Harvard may terminate this Document at any time by giving notice to You, at our discretion, by email at your current email address on file with us or through the Platform.

Prohibitions You shall not, without Scrub Harvard’s prior written permission, use the Platform, or any Content (including other Users’ User Contents) for purposes other than the applicable Licensed Use. 

Without limiting the generality of the foregoing, You will not, and will not permit anyone else to, or attempt to use the Platform Content to: frame, mirror or otherwise incorporate the Platform, or any part thereof on any commercial or non-commercial website; access, monitor or copy any part of the Platform, or any part thereof using any robot, spider, scraper or other automated means or any manual process for any purpose; violate the restrictions in any robot exclusion measures on the Platform or bypass or circumvent other measures employed to prevent or limit access to or the Platform; remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or its content; modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, or Scrub Harvard inventory including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity; attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; create derivative works based on the Platform, or any part thereof, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Platform, or any part thereof;

use or access the Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, harmful, tortious, hateful, obscene, defamatory, or violates any laws or is otherwise objectionable, in each case as determined by Scrub Harvard in its sole discretion

Suspension of Platform Scrub Harvard may alter, suspend, or discontinue the Platform or Service at any time and for any reason or no reason, without notice.    

Downtime The Platform may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.

Upgrade Scrub Harvard may upgrade or alter the Platform at any time and remotely access the Platform (including for greater certainty any Scrub Harvard Platform applications) at any time for any lawful reason, in particular to update the software or to perform software maintenance.

Promotions Scrub Harvard may but is not obligated to offer, from time to time, promotional, advertising, or marketing schemes on terms and conditions established at its sole discretion.

CUSTOMER-SPECIFIC PROVISIONS CONCERNING ORDERS

Access As a Customer, You may use your User Account to: review and select goods from a list of goods, choose your desired items, and quantities, and add them to your cart; 

review, edit, confirm the items in your cart, and place an Order; if the option is available, request delivery of the Order or specify that You will pick up the Order at a location which Scrub Harvard may in its sole discretion offer at your Location; and, provide your card or other payment account information or select the cash payment option, if available. Order details It is your responsibility to ensure that all your Order details, including billing, delivery address and other information is current, complete and accurate. You agree that Scrub Harvard has no control over the quality of the goods or services offered by third parties in connection with your Order  and will not be liable to any User for any default in respect of an Order, including, without limitation, missed or late deliveries, missed goods, and any problems regarding the quality of goods delivered including if goods cause illness or allergic reactions.

Charge on payment account Your payment account will be charged when You place your Order.  Scrub Harvard will provide You with an online or emailed billing summary statement which You may review, save, or print at your discretion. This is the only billing statement that will be provided by Scrub Harvard. 

No cancellation You will not be entitled to change or cancel your Order or to a refund or exchange except where required by applicable law. 

Notwithstanding that You are not entitled as of right to change or cancel your Order or to a refund or exchange except where required by applicable law, if You wish to amend or cancel your Order for a total or partial refund or exchange, You must get in touch with Scrub Harvard by means of chat, email or the Scrub Harvard support phone line using the contact information provided on the Platform.

All returns, refunds, exchanges, or repairs shall be in accordance with the Returns Refunds Exchange and Repairs Policy set out in Schedule B.

Release of charge Although your payment account will be charged when you place an Order, if Scrub Harvard does not confirm or if it cancels your Order for any reason, the charge will be released back to your payment account. It may take 5 working days or more, depending on your bank or card issuer, to complete the release. Scrub Harvard nor the will not be responsible or liable to You in relation to any delay by your bank or card issuer in the release of funds back into your account.

Scrub Harvard reserves the right to change, or to stop accepting, any payment method at any time in its sole discretion. 

Payment processors You authorize Scrub Harvard to collect, use, or share your Personal Data, financial information, banking details and transaction information related to your use of the payment processing services and the Platform, with Payment Processors. You also agree that Scrub Harvard is not responsible for the use or misuse of such Personal Data, financial information, banking details and transaction information by the Payment Processors or any third party.

Customer care Scrub Harvard may offer customer care support to resolve issues experienced by Users. 

Currency Prices listed on the Platform are in Canadian dollars and may not include applicable GST and delivery charges. GST and delivery charges may be added at checkout and will be payable by You along with the price for each Order. 

Prices for goods and delivery charges and any other fees are subject to change at any time at Scrub Harvard’s discretion.

Pick-up options The Platform may offer from time to time, the option for You to pick up your Order at the Location, if Scrub Harvard, at its sole discretion maintains premises for such pickups at your Location or for delivery to You by an independent third-party courier service. 

Time estimates You may be provided an estimated time when an Order will be ready for pickup or delivered. In each case, the times provided are only estimated and Scrub Harvard offers no guarantee that these times will be achieved. 

Scrub Harvard is not responsible for any delays in receiving or having your Order ready for any reason. For a pickup Order, You will arrive at the time provided and Scrub Harvard is under no obligation to remake or refund an Order if You do not arrive when indicated.

INTELLECTUAL PROPERTY

Reservation of IP rights Except as expressly set forth in this Document, Scrub Harvard has not granted the User any license or rights to use any of its intellectual property, other proprietary rights, and any update, adaptation, translation, customization or derivative work relating to them. All rights not granted are expressly reserved.

Use restrictions You may use Scrub Harvard content and other Users’ Contents for the Licensed Use only. If You print extracts from the Platform for your own personal, non- commercial use, You must not modify the digital or paper versions of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.

No copy etc You shall not copy, modify, reverse-engineer, extract the source code of, distribute, sell or lease any part of the Platform software or related data.

Prohibitions Scrub Harvard reserves the right to monitor User Content from time to time but You are solely responsible for all User Content posted, sent, published, or distributed by You on or in connection with the Platform. Without limiting the generality of the foregoing, your User Content shall not: breach any applicable local, national or international law; be unlawful or promote unlawful activity; amount to unauthorized advertising; contain any defamatory, obscene or offensive material; promote violence or discrimination; infringe the intellectual property or privacy rights of another person; breach any legal duty owed to a third party; suggest in any manner that it originates from Scrub Harvard; or be fraudulent, used to impersonate another person or to misrepresent your affiliation with another person.

User-Related Content You grant to Scrub Harvard a perpetual, transferrable, irrevocable, royalty-free, worldwide and sub-licensable license to access, collect, store and use User-Related Content provided that any Personal Data will be handled in accordance with the Scrub Harvard Privacy Policy and applicable law.

User Content You grant Scrub Harvard a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use your User Content, in whole or in part and You represent and warrant that You have the power to grant the rights granted herein to any User Content that You submit. 

Submissions Scrub Harvard reserves the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Platform that we determine breaches the restrictions in this Document or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. 

Any Submission on the Platform is for information purposes only and does not constitute advice from us or the opinions of Scrub Harvard. User Content may reflect the opinions of Customers who have ordered through the Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Scrub Harvard does not assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that You may encounter in any such materials.

Attributions You acknowledge that Scrub Harvard may choose to provide attribution of your Submissions (for example, listing a date, User’s name and Location on your Submissions) at Scrub Harvard’s discretion, and that such User Content may be visible to other Users and visitors to the Platform. By providing a Submission You acknowledge and consent to Scrub Harvard using your given name in association with such Submission. Any Submission received may but is not required to be moderated before publishing to review its compliance with Scrub Harvard’s content guidelines.

Advertisers If You elect to have any business dealings with anyone whose products or services may be advertised on the Platform, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Scrub Harvard will have no responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

Links to third parties The Platform may provide links to third party websites and such links are provided solely for your convenience. If You use these links, You leave the Platform. Scrub Harvard has not reviewed and does not control any of these third-party websites and is not responsible for these websites or their content or availability. Scrub Harvard does not endorse or make any representation about these websites, their content, or the results from using such websites or content. If You decide to access any of the third-party websites linked to the Platform, You do so entirely at your own risk Scrub Harvard reserves the right to prohibit or remove (or require You to remove) any link to the Platform.

PRIVACY 

Privacy Policy Scrub Harvard’s collection, use and disclosure of a Users’ Personal Data collected through the Platform is governed by its Privacy Policy as may be updated from time to time, the terms of which are incorporated into this this Document as Schedule A and which may be accessed at scrubharvard.ca

REPRESENTATIONS, WARRANTIES & ACKNOWLEDGMENTS

You represent and warrant that: Accurate information all information supplied by You on the Platform including information provided by You to create your User Account or in connection with your use of the Platform is true, accurate, current and complete and that You will update such information from time to time. you have full power and authority to enter into the agreements contained in this Document and perform your obligations herein; and, you will comply with all applicable laws and regulations in your performance of the obligations set out in this Document.

You acknowledge and agree that: Future changes to Agreement Scrub Harvard may, at any time, modify or supplement materials and documents referred to or incorporated into this Document or any information referenced via hyperlink (or the addresses where such information may be found). Such modifications shall become effective upon posting. Such modifications or supplements may be provided to You by electronic means and the continued use of the Platform after any such changes shall constitute Your consent to such changes.

Limited jurisdictions Scrub Harvard operates only in select jurisdictions from time to time.

Download Providers may enforce Download Providers are not parties to this Document and will have no obligations with respect to the Platform but that notwithstanding, the Download Providers are beneficiaries of this Document and may enforce its provisions against You.  

Download Providers not liable Download Providers are not responsible for addressing any end-user or third-party claims related to the Platform, including, but not limited to: product liability claims; any claim that the Platform App fails to conform to any applicable legal or regulatory requirement; or,claims arising under consumer protection or similar law.

In the event of a third-party claim that the Platform or your possession or use of the Platform infringes on that third party’s intellectual property rights, as between Scrub Harvard and the Download Providers, Scrub Harvard will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

INDEMNITIES

To indemnify and hold harmless You shall indemnify, defend and hold harmless Scrub Harvard, its affiliates and their respective directors, officers, employees and agents (herein “the Indemnitees") from and against any and all claims, damages, losses and expenses including legal fees and disbursements (herein collectively, "Losses") on a full indemnity basis with respect to any third party claim arising out of or related to:  your breach of this Document or any documents referenced herein; your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or your breach of or failure to perform in respect of any Orders made by or accepted by You or by any third party acting on your behalf or with your permission.

DISCLAIMERS

Incomplete or inaccurate content While we attempt to ensure that information on the Platform is complete and accurate, we do not guarantee its accuracy or completeness. Scrub Harvard may make changes to the material on the Platform including goods and prices described on it, at any time without notice. The material on the Platform may be out of date, and Scrub Harvard makes no commitment to update content on the Platform.

Scrub Harvard will attempt to report accurately and completely, item names, descriptions, prices, special offer information, and allergenic warnings, and other information for the products that are listed on the Platform.

Risk of malware etc You view and download the Platform or its content at your own risk. Scrub Harvard does not guarantee or warrant that the Platform or its content are compatible with your device systems or that the Platform or its contents, or any links from the Platform or its content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifest contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your devices, and You are responsible for the entire cost of any service, repairs or connections of and to your devices that may be necessary as a result of your use of the Platform. 

No guarantee of confidentiality Scrub Harvard does not guarantee the confidentiality of any communications made by You through the Platform. Although Scrub Harvard generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, You understand, agree and acknowledge that Scrub Harvard does not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Platform.

As is The Platform and its content are provided "as is" and without warranty or condition of any kind. To the fullest extent permitted by law, Scrub Harvard disclaims all warranties, representations and conditions of any kind with respect to the Platform and its content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Platform or its content are or will be error-free or will operate without interruption.

In no event will Scrub Harvard be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Scrub Harvard is advised of the possibility of such damages, resulting from or related to the use of or the inability to make use of the Platform or its content.

Limits of unavoidable liability To the extent that the foregoing limitations do not apply, in no event will the total aggregate liability of the Scrub Harvard in connection with its provision of services including or under this Document, including in connection with your use of, or inability to make use of, the Platform or its content exceed the lesser of: the purchase price paid by You in the preceding 3 months;  $100.00 (One Hundred Dollars).

Fair allocations You acknowledge that the exclusions and limitations of liability set out in this Document reflect a fair allocation of risks, in the absence of which limitations, Scrub Harvard will not make the Platform available to Users and will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

The foregoing disclaimers do not affect a Customer’s non-waivable statutory rights against Scrub Harvard.

DISPUTE RESOLUTION

Except to the extent restricted by applicable law, if there is any dispute or controversy between You and Scrub Harvard, including any dispute or controversy arising out of or relating to this Document, the Platform or , any interactions or transactions between You and Scrub Harvard, or in respect of any legal relationship associated with or derived from this Document, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of You or us, (each, a "Dispute"), a party will serve notice on the other party and all parties must use good faith efforts to resolve the Dispute informally.

Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, You agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be in Toronto, Ontario or other location mutually agreed by the disputing parties, acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by the parties.

Except to the extent restricted by applicable law, You agree that disputing parties will resolve any Dispute on an individual basis. Any claim You may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and You will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Scrub Harvard.

Nothing in this article will prohibit Scrub Harvard from seeking interim measures from a court, including preliminary or injunctive relief of breach of any intellectual property rights.

TERMINATION

Termination for breach Either party may terminate this Document in the event of a breach by any other party.

NOTICES

Electronic communication You consent to being contacted by, and to receive and accept communications from Scrub Harvard and authorized partners, representatives, or affiliates (which may other Users) through various communication modes, including but not limited to email(s), SMS/text message(s), push notification(s), or call(s) to contacts, including telephone number(s) and social media profiles, provided to Scrub Harvard from time to time. 

You agree to receive communications – including artificial or pre-recorded messages or automated systems, such as automatic telephone dialing systems - sent by or on behalf of Scrub Harvard on various subjects, including but not limited to: operational or transactional communications, such as those concerning User Accounts; promotions, advertising, and marketing; news concerning the Platform and industry developments that affect the parties’ relationship; and account verification communications and You acknowledge that you may incur costs for message and data rates which will be charged to You.

You are not required to consent to receiving marketing emails or texts messages as a condition of using the Platform and may unsubscribe from Scrub Harvard’s marketing email list or marketing texts.

Notice Any notice, direction or other instrument required or permitted to be given under this Document shall be in writing and shall be sufficiently given if served personally by delivering same to the party to be served or  its officer or may be given by registered mail with postage prepaid or by email or other electronic means, addressed to the party in writing at the most recent address(es) designated by that party from time to time.

A notice mailed as aforesaid, shall be deemed to have been received and to be effective on the fourth business day after the day it was mailed, provided however, that in the event of any interruption of normal mail service by strike or lockout or similar event, the notice shall be deemed to have been received by the seventh business day following restoration of normal mail service, and if emailed or sent by other electronic means, same shall be deemed to have been received and to be effective one business day following the day it was emailed or sent by any other electronic means.

FORCE MAJEURE

Any delay in or failure by Scrub Harvard in the performance of this Document or fulfilment of any Order shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event.

GENERAL PROVISIONS

No other agreement with User If You are a User other than a Customer, this Document contains the full and complete understanding and agreement between You and Scrub Harvard relating to the subject matter hereof and supersedes all prior and contemporary understandings and agreements, whether oral or written, relating such subject matter hereof. 

Nothing in this Document shall be construed to create any joint venture, joint enterprise, or agency relationship between Scrub Harvard and any of the Users (except as may be specifically set forth herein), and no party shall have the right to enter into contracts on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party, in the absence of a separate writing, executed by an authorized representative of the other party.

Assignment by Scrub Harvard Scrub Harvard may subcontract or assign its rights and obligations under this Document without your consent.

Customer shall not assign You shall NOT assign this Document without the prior written consent of Scrub Harvard.

Successors This Document shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.

No waiver The failure of any party to enforce, at any time or for any period of time, the provisions hereof, or the failure of any party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party's right to enforce such provisions or exercise such option.

Good faith The parties shall carry out their respective obligations hereunder in good faith.

Counterpart and electronic execution You may signify your acceptance of the terms contained in this Document by any electronic means, by execution of hard copies, in one or more counterparts each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same original instrument. 

Exclusion of contra proferentem The parties hereto have had sufficient opportunity to review and negotiate the terms of this Document prior to executing this Document, and this Document shall not be interpreted in favour of one party or against one party due to the fact that another party may have drafted this Document or a portion of it.

Agreed by the User electronically this day.