Terms of Service

This Agreement (the "Agreement") represents a legally binding, contractual agreement between you ("you") and Myant Inc. ("Myant", "SKIIN", "us", "our" or "we") with respect to your use of the myanthealth.com ("Website") and SKIIN Mobile Software ("App"), collectively "the Service," including information that we collect from the Myant SKIIN Cardiac Monitoring devices (the "SKIIN Device") that you connect to a mobile device running the App.

By using the Website or App, you are:

1. Representing that you have reached the legal age of majority in your jurisdiction of residence;
2. Indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of the Website or App and/or any services, products, materials, or information available on or through the Website and/or the App; and
3. Agreeing to comply with all applicable laws and regulations as they may change from time to time.

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE OR APP.

We suggest you print a copy of these Terms for your records.

Without limiting the generality of the terms and conditions of this Agreement, your use of the Website or App is also subject to the terms of the Myant Privacy Policy (the "Privacy Policy"), which is hereby incorporated into and made part of this Agreement. Please carefully review the Privacy Policy.

When you choose to use the Website or the App, you are agreeing to the collection, use and disclosure of the information you share with Myant and its affiliates, as explained in this Agreement and the Privacy Policy.

Subject to applicable law, Myant reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity.

If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered for an Account we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion.

You may refuse the amendment and rescind or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.

To the fullest extent permitted by applicable law, your continued access to and/or use of the Website or App after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.

When you make a purchase through the Website or App, you must either register for a Myant account (an "Account") or check out as a guest. If you choose to make a purchase as a guest, you will still be required to provide certain personal information to allow us to process your Order.

When you make a purchase with us through the Website or App, you agree:

1. That you will provide complete and accurate information about yourself; and
2. If you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete.

You are solely responsible for the accuracy of all information that you provide to Myant, regardless of whether you register for an Account or purchase as a guest.

If you have registered for an Account, it is your sole and absolute responsibility to keep the username, password and other information confidential and secure. In the event that your username, password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify Myant at info@skiin.com.

We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

You may only make purchases through the Website or App if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address in Canada and the USA (as determined by Myant in its sole and absolute discretion).

However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction ("Order"). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be canceled, and you will receive a refund in respect of your Order.

Unless otherwise indicated, all dollar amounts on the Website or App are in Canadian Dollars. All Orders made through the Website or App are subject to the terms and conditions of this Agreement.

You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through the Website or App, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment methods.

Payments are processed by a third party service provider and Myant does not collect your financial information.

Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart ("Cart") does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Cart.

If you are not happy with your purchase made through the Website or App, you may return for a refund within 30 days of receiving your order.

This does not apply to any undergarments or base layers, which cannot be returned if they have been removed from the packaging and the seal is broken.

Shipping and handling and return shipping or other charges (as applicable) are not refundable. Processing time for returns is typically in the range of 7-14 business days from the time the product is received by SKIIN – but, time frames may vary in the sole and absolute discretion of Myant.

You are responsible for ensuring the product is returned to SKIIN and SKIIN will not process any refunds until it has received the product and confirmed all the contents are in original condition. We strongly suggest tracking your order.

Once received an email will be sent confirming receipt and processing of your return request. You must contact our customer service team via email, prior to sending your return. You will be given a return authorization number and form, which must be included with your return request.

To contact customer service, please email support@skiin.com.

The estimated delivery time will be specified in your Order; however, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control.

If you do not receive your Order within 3 days of the estimated delivery time, please let us know by emailing support@skiin.com.

Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.

Without limiting the generality of any other section of this Agreement, Myant reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement.

We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address.

We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Website or App to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.

Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided by Myant in relation to the Website or App are believed to be accurate at the time of publication.

Unfortunately, however, there may sometimes be information on the Website or App that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on the Website or App is erroneous or inaccurate at any time without prior notice (including after you have submitted your Order).

The Website or App consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the "Website or App Content") that have been provided by Myant and/or other individuals or entities. All such Website or App Content is owned by Myant and/or the applicable third party.

You hereby acknowledge that the Website or App and each component of the Website or App (including, without limitation, the Website or App Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws.

Your use of the Website or App and/or any Website or App Content does not grant or transfer to you any ownership or other rights in the Website or App or any component of the Website or App. Any rights not expressly granted to you in this Agreement are expressly reserved by Myant.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website or App, any component of the Website or App, or any of the Website or App Content, in whole or in part, except as expressly authorized by Myant.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website or App and/or Website or App Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, "Trade-marks") of Myant or other third party individuals or entities.

Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Myant are the property of their respective owners, and, where used by Myant are used under license or with permission.

Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Website or App may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s).

Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website or App. Subject to the terms and conditions in this Agreement, Myant hereby grants you a limited, non-sublicensable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website or App Content for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form).

This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to the Website or App or any component of the Website or App that is not expressly authorized under this limited licence.

Your limited license to use our Website or App(s) and the Website or App Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).

Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:

• Use, copy, modify, download or transfer the Website or App or any component of the Website or App, in whole or in part, except as expressly provided in this Agreement;
• Reverse engineer, disassemble, decompile, or translate the Website or App or any component;
• Attempt to derive the source code of the Website or App;
• Create any derivative work from the Website or App;
• Rent, lease, loan, resell, or otherwise distribute the Website or App;
• Remove or alter any proprietary notice or legend;
• Use the Website or App except in accordance with this Agreement and all applicable laws;
• Use the Website or App to defraud any third party, distribute obscene or unlawful materials, or disseminate or encourage conduct that could constitute a criminal offence.

You agree to indemnify and hold Myant and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Myant Entities") harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to:

• Your access to and/or use of the Website or App or any component of the Website or App;
• Your violation of any of the terms and conditions of this Agreement; and/or
• The infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

You agree that Myant may assume the exclusive defense and control of any matter for which you are required to indemnify Myant and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of Myant.

The SKIIN Device is warranted by Myant to be free of defects in materials, workmanship or technology under normal use, for a period of one year from the date of purchase.

This limited warranty excludes any damages resulting from improper care or handling, accidents, modifications, unauthorized repairs, normal wear or other causes which are not defects in materials, workmanship or technology.

If your product is defective, please contact Myant at support@skiin.com for a replacement or full refund, as may be selected by Myant.

To the extent permitted by the applicable law, this limited warranty is in place of all other express and implied warranties of any kind, which are hereby expressly excluded. In no event shall Myant be liable for direct, indirect, incidental or consequential damages arising out of improper use of the product on the part of the customer.

This limited warranty may not be amended or altered except by a written agreement signed by Myant. This limited warranty may not be transferred, except where required by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE OR APP AND EACH COMPONENT OF THE WEBSITE OR APP (INCLUDING, WITHOUT LIMITATION, THE WEBSITE OR APP CONTENT) ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER.

THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE OR APP AND EACH COMPONENT RESIDES WITH YOU. MYANT EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MYANT MAKES NO REPRESENTATION OR WARRANTY THAT:

• The Website or App will be compatible with your computer, mobile or other device and/or software;
• The Website or App will be available or will function without interruption or error;
• The use of the Website or App will be free of any viruses, trojan horses, worms or other destructive components;
• The transmission of information to and from the Website or App will be secure;
• The use of the Website or App will not infringe the rights of any person or entity.

THE MYANT ENTITIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, THE WEBSITE OR APP OR ANY COMPONENT OF THE WEBSITE OR APP.

This Agreement, your use of the Website or App, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction.

You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Website or App and any related matters.

Myant acknowledges and agrees that if you are an individual consumer in Quebec using the Website or App you may commence proceedings to resolve a dispute in a court of competent jurisdiction in the Province of Quebec.

If you breach any term or condition of this Agreement, all rights granted to you under this Agreement will immediately terminate without notice by Myant, and you will promptly cease all access to and/or use of the Website or App and/or any component of the Website or App.

Myant may, in its sole and absolute discretion, immediately and at any time, terminate your right to access and/or use any or all of the Website or App and/or any component of the Website or App without any notice whatsoever.

The termination of rights provision of this Agreement, your obligation to pay any outstanding amounts and all disclaimers and limitations of liability contained in this Agreement, shall survive any termination or expiration of this Agreement.

If you have questions about these Terms of Service, please contact us:

Myant Medical Corp.
2660 Speakman Drive
Mississauga, Ontario Canada L5K 2L1

Email: info@skiin.com
Support: support@skiin.com