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TELEMEDICINE

 

TERMS OF USE

  • These Terms of Use (“Terms“) and our Privacy Policy set forth the terms and conditions governing your use of the Abler Digital Health’s Telemedicine or Tele-Health Online Solution Services provided through the Site (which may include Mobile or other device Applications) and allows participating qualified medical practitioners (“Specialist(s)”) to communicate with their clients and patients (“Patient(s)”) to provide health care services online and perform Tele-Consultation through virtual house calls via a secure internet connection (the “Service“). The Service is offered by Abler Digital Health (the “Facility“, “Abler Digital Health”, “we”, “us” or “our”). The Patients and the Specialists comprise the users of the Site (“Site Users”, “You” or “Your”). The Facility and Site Users collectively are hereinafter referred as the “Party” in singular or the “Parties” in plural).
  • The Terms and Privacy Policy together form a legal contract between you and the Facility (the “Agreement”), explaining how you are permitted to access and use the Service provided by and the website located at the URL: www.ablerdigital.net, as well as associated websites provided by the Facility (Collectively, the “Site”).
  • We are not a medical service provider or health insurance company. The Service is not intended for use by Specialists and Patients in connection with active patient monitoring allowing immediate clinical action or continuous intervention monitoring by a Specialist or Patient.
  • Unless otherwise specified, all references to “Site” in these Terms include any software that we provide to you that allows you to access the Site from a Mobile Application or any such other device.

PLEASE READ THE TERMS AND PRIVACY POLICY CAREFULLY BEFORE USING THE SITE OR THE SERVICE.

YOU HEREBY AGREE THAT: BY CLICKING “I ACCEPT” OR USING THIS SITE AND THE SERVICE, YOU AGREE TO ALL THE TERMS AND THE PRIVACY POLICY AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT JUST AS YOU WOULD BY SIGNING A PAPER CONTRACT.

  • If you do not agree with or accept these Terms and the Privacy Policy, do not access or use this Site, the Service or any information contained on this Site.
  • DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 114 or 911 immediately or go to your nearest hospital or clinic for emergency attendance.

SITE CONTENT

  • Other than information received directly by the Patient from Specialists in the context of a Telemedicine Service,
  • the content on the website cannot and should not be considered medical advice; and
  • the Patient should always talk to an appropriately qualified health care professional, the Specialist, for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for the Patient.
  • We may post or provide links to general information resources that may be of interest to you (“Posted Materials“). Posted Materials are not to be used as medical diagnosis, treatment or advice.
  • None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.
  • Without limitation, the Facility does not provide, recommend or endorse any specific medical specialist, tests, products, service, treatment or procedures.
  • To the extent medical advice is provided to a Patient by a Specialist through the Service, such medical advice is based on the Patient’s personal health data as provided by the Patient to the Specialist and the local standards of care for your presenting symptoms, based on the information provided the Patient (“Consultation Data”). Neither the medical advice nor the Consultation Data provided by the Specialist is under the control of the Facility, nor is it provided to or used by the Facility.

RESTRICTIONS ON SITE USE.

YOU HEREBY AGREE:

  • That you may not access or use, or attempt to access or use, the Service to take any action that could harm us or any third-party, interfere with the operation of the Service, or use the Service in a manner that violates any laws.
  • Without limiting the foregoing, not to:
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Service. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
  • Obtain or attempt to gain unauthorized access to any user accounts or other computer systems, networks, materials and contents, information or any service available on or through the Service through hacking, password mining or any other means;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • Engage in unauthorized use of robots/bots, spiders, scraping, harvesting of content or information or use any other unauthorized automated means to compile information or to access the Service for any purpose;
  • Attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming;
  • Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to our users’ computers or systems;
  • Engage in any other conduct that restricts or inhibits any person from using the Service, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third-party to any liability, damages, or detriment of any type;
  • Post, use, store or transmit:
  • a message or information under a false name;
  • information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person, including the Facility; or
  • information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others, including the Facility;
  • Use the Service in any manner that could damage, disable or impair the Service nor damage the reputation of the Facility; and
  • Access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms.

MODIFICATION, DISCONTINUATION OR TERMINATION

  • The Facility has the right, but not the obligation, to correct any errors or omissions in any portion of the Site, the Service, these Terms and the Privacy Policy.
  • The Facility reserves the right, at its sole discretion, to change, modify, update, add, remove or terminate any portion of the Site, the Service, these Terms and the Privacy Policy, in whole or in part, at any time, without prior notice.
  • The Facility may suspend or terminate your access to the Site or the Service at any time, for any reason or for no reason at all.
  • The Facility has the right, but not the obligation, to refuse to provide access to the Site or the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion.
  • The Facility reserves the right to change, suspend, or discontinue all or part of the Site, the Service, temporarily or permanently, without prior notice.
  • All changes to the Site, the Service, these Terms and the Privacy Policy are effective immediately upon being posted to the Site.

YOU HEREBY AGREE THAT:

  • YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND THE PRIVACY POLICY.
  • YOUR CONTINUED USE OF THE SITE OR SERVICE FOLLOWING ANY CHANGES TO THESE TERMS AND PRIVACY POLICY WILL MEAN YOU ACCEPT THESE CHANGES.
  • IF YOU DO NOT AGREE WITH AND ACCEPT THE UPDATED TERMS AND PRIVACY POLICY, YOU SHOULD NOT ACCESS AND MUST STOP USING THE SITE.

INFORMED CONSENT

  • Possible Risks of Telemedicine: As with any medical procedure, there are potential risks associated with the use of Telemedicine. The Facility believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
  • In rare cases, the Specialist may determine that the transmitted information is of inadequate quality, thus necessitating a face-to-face meeting with the Patient or at least a rescheduled Tele-Consultation video;
  • Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality.
  • In rare cases, security protocols could fail, causing a breach of privacy of personal medical information.
  • In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions, judgment errors or other negative outcomes.
  • We do not confirm the credentials of Specialists using our Service and do not validate that they are in good standing with their respective licensure board(s). It is the Patient’s responsibility to separately confirm that a Specialist is in good standing with his/her respective licensing board(s).

YOU HEREBY AGREE THAT, by accepting these Terms, you acknowledge that you understand and agree with the following:

  • If you are a Specialist, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the service you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service, such as obtaining any and all appropriate local or foreign practice licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements (as applicable).
  • Specialists are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your Patients, The Facility has established reasonable safeguards and procedures to protect the security of Patient’s information, but you must also take steps to protect your privacy and confidentiality and that of your Patients under your relevant regulatory and local requirements as well as relevant professional codes.
  • We make no representations regarding Specialists’ ability to bill third-party payors for the service they provide using the Site. Specialists are responsible for complying with all laws in billing for the service they provide.
  • If you are a Patient, you understand and acknowledge that:
  • your relationship for the health care service is with your Specialist;
  • your obtaining the service from the Specialist is solely at your own risk and you assume full responsibility for all risks associated therewith and your reliance on the service, to the extent permitted by law; and
  • you accept responsibility for yourself in the use of the Service.
  • By using the Service, you agree to not hold the Facility liable in any way for any malpractice or substandard treatment the Specialist may render.
  • You understand the alternatives to Telemedicine consultation as they have been explained to you, and in choosing to participate in a Telemedicine consultation, you understand that some parts of the exam involving physical tests may be conducted by individuals at your location, or at a testing facility, at the direction of the Specialist.
  • You understand that the laws that protect privacy and the confidentiality of medical information also apply to Telemedicine and that no information obtained in the use of Telemedicine, which identifies you, will be disclosed to researchers or other entities without your consent. Links are provided above to the Privacy Policy which explains this in greater detail.
  • You understand that Telemedicine may involve electronic communication of your personal medical information to Specialists who may be located in other areas, including out of the Specified Jurisdiction.
  • You understand that you may expect the anticipated benefits from the use of Telemedicine, but that no results can be guaranteed or assured.
  • You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent.
  • Except to the extent already relied upon, you understand you may withdraw your consent at any time by emailing privacy@ablerdigital.net to withdraw your consent and inactivate your account in the course of your care at any time, without affecting your right to future care or treatment.
  • You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. Psychotherapy notes are maintained by Specialists but are not shared with others, while billing codes and encounter summaries are shared with others. If you obtain psychotherapy service, you understand that your therapist has the right to limit the information provided to you if in your therapist’s professional judgment sharing the information with you would be harmful to you.
  • You understand that others may also be present during the consultation other than your Specialist, such as in order to operate the video equipment. The above-mentioned people will all maintain confidentiality of the information obtained. You further understand that you will be informed of their presence in the consultation and thus will have the right to request the following:
  • omit specific details of your medical history/physical examination that are personally sensitive to you;
  • ask non-medical personnel to leave the Telemedicine examination room; and/or
  • terminate the Tele-Consultation in the course of your care at any time, without affecting your right to future care or treatment.
  • You further understand that your healthcare information may be shared in the following circumstances:
  • When a valid court order is issued for medical records.
  • Reporting suspected abuse, neglect, or domestic violence.
  • Preventing or reducing a serious threat to anyone’s health or safety.

PATIENT CONSENT TO THE USE OF TELEMEDICINE

YOU HEREBY AGREE THAT

  • YOU HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE AND THE SERVICE, AND BY ACCEPTING THESE TERMS, YOU HEREBY GIVE YOUR INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE AND THE SERVICE UNDER THE TERMS DESCRIBED HEREIN.
  • BY CLICKING THE “AGREE” BUTTON, AS A PATIENT, YOU ARE CONSENTING TO RECEIVING CARE VIA THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE HEALTHCARE SPECIALISTS WHO ARE TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT OR PRESCRIPTION. THE HEALTHCARE SPECIALISTS WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEMEDICINE ENCOUNTER VIA THE SERVICE.

VISITORS AND REGISTERED USERS

  • Visitors can view, visit and browse through the Site. They need not register with the Facility. They will be eligible to see the Site’s partial, publicly accessible information.
  • However, in order to access the Service offered on and through the Site, Site users must register with the Facility for an account and receive a password. Registered Site Users can be Patients or Specialists.
  • To be able to use and access the Service, Specialists shall contract separately with the Facility, create a Specialist Account and then invite Patients to join the Specialist’s virtual clinic / practice.

ACCOUNT ENROLLMENT

  • To access the Service, you must first enrol to establish an individual user account (“Account“), by providing the following information, through our Account enrolment process:
  • Specialists: Specialists are required to provide certain Personal Information, and information about their practices, including: the Specialist’s name, date of birth, gender, address, email, mobile and work phone; the practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
  • Patients: Patients are required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Specialists during a Tele-Consultation. Optional information is not required to register for an account but may be helpful to the Facility in providing you with a more customized experience when using the Site or its Service.
  • Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information.
  • If Account Information you provide, or we have reasonable grounds to suspect that such Account Information, is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service.

YOU HEREBY AGREE THAT:

  • all Account Information submitted to the Facility through the Account Enrolment process are true, accurate, current and complete;
  • You represent and warrant that you are at least 18 years of age;
  • You possess all legal right and ability, on behalf of yourself, a minor/child of whom you are a parent or legal guardian or such other person from whom you have obtained valid permission in writing, to agree to these Terms and Privacy Policy;
  • With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account or create an account for anyone other than yourself without first receiving permission from the other person;
  • In exchange for your use of the Service and, if applicable, in order for Specialists to send notices to you, you agree to provide necessary account information on you or on behalf of any person you are authorised to represent (“Account Information”) that are:
  • true, accurate, current and complete; and
  • each time the user logs on, maintained and promptly updated to keep the information true, accurate, current and complete; and
  • Fees and Charges Terms:
  • Where applicable, you agree to pay all fees or charges to your account based on the Facility’s fees, charges and billing terms in effect.
  • If you do not pay on time or if the Facility cannot charge your debit /credit card or other payment method for any reason, the Facility reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.
  • You are expressly agreeing that the Facility is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your debit/credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.
  • If you cancel your account at any time, you will not receive any refund.
  • If you have a balance due on any account, you agree that the Facility may charge such unpaid fees to your debit/credit card or otherwise bill you for such unpaid fees.

YOUR LOCATION

YOU HEREBY AGREE:

  • and certify that you are physically located in the Republic of Mauritius (the “Specified Jurisdiction(s)”) you choose/have chosen as your current location (the “Certification”);
  • that you acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this Certification;
  • that in the event that your Certification is inaccurate you agree to indemnify the Parties you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section

INTERNATIONAL USE

  • The Service is designed for and intended for Site Users in the Specified Jurisdiction(s). The Facility makes no representation that the information and service provided on the Service are applicable to, appropriate for, or available to users in locations outside the Specified Jurisdiction(s). Accessing the Service from territories where the content is illegal is prohibited.

YOU HEREBY AGREE THAT, if you choose to access the Site from a location outside the Specified Jurisdiction(s):

  • you do so on your own initiative;
  • you are responsible for compliance with local laws; and
  • you indemnify the Parties from any responsibility for such use by you.

YOUR ACCOUNT.

  • Security of Account and Password. The Facility reserves the right to refuse service, terminate accounts or remove content in its sole discretion.

YOU HEREBY AGREE THAT:

  • In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
  • You accept full responsibility and liability for all activities that occur under your account or password.
  • You shall notify the Facility immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with the Facility in every reasonable way to help the Facility prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password.
  • Immediately upon termination of your right to use the Site or any password-protected portion of the Site, or upon any earlier demand by the Facility at any time, you will cease all access and/or use of the Site or such password protected portion of the Site, and will not attempt to access and/or use same.

INFORMATION DISCLOSURE.

  • Disclosure under Law. The Facility reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in the Facility’s sole discretion. Any disclosure of medical information is subject to the restrictions and requirements of the local data protection laws. Please refer to the Privacy Policy for more information.
  • Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information“).

YOU HEREBY AGREE THAT:

  • You represent and warrant that you will provide the Facility with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.

PRIVACY POLICY

YOU HEREBY AGREE THAT:

  • You acknowledge that you have received a copy of the Privacy Policy.
  • You hereby consent to disclosure of your protected information, including information generated through the use of the Service, as described in the Privacy Policy. This will include all of your protected health information generated during the provision of Service, including but not limited to treatment for mental health, drug and alcohol abuse, communicable diseases such as HIV/AIDS, developmental disabilities, genetic testing and other types of treatment received.

INDEMNIFICATION.

YOU HEREBY AGREE THAT:

  • You will indemnify, defend (or settle) and hold harmless the Facility and its officers, directors, employees, affiliates, agents, licensors and business partners (the “Facility Entities”) from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim and including reasonable attorneys fees and all other costs, fees and expenses (collectively, “Claims“) against the Facility to the fullest extent permitted by law arising out of or in connection with:
  • your conduct, provision of content or use of the Site, or such actions by any third-party through you;
  • your violation of the rights of another person or party;
  • any materials or contents provided or made available by you; and
  • any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein.
  • You will not settle any indemnified claim without the prior written consent of the Facility, such consent not to be unreasonably withheld.
  • In connection with any Claims that may give rise to your indemnification obligations as set forth above, the Facility Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the Facility Entities pursuant to this Section.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY.

  • Site Ownership.
  • The Site and all content, organization, logos, graphics, videos, images, design, compilation, translation, software and accompanying documentation (made available for download from the Service) and other materials and contents related to the Site (collectively, “Content“) is the property of the Facility or its licensors and rights are protected by copyright, trademark, patent, trade secret and other proprietary (including but not limited to intellectual property laws) laws.
  • All right, title and interest in and to the Site and Content remain with the Facility or such third-party licensors.
  • Other product and the Facility names mentioned herein may be the trademarks of their respective owners.
  • Any copy made of information obtained through the Service must include all applicable copyright notices.
  • We give you permission to display, download, store and print the content only for your personal, non-commercial use.
  • Subject to the Terms, the Facility hereby grants you a limited, personal, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
  • The license granted herein does not permit you, and

YOU HEREBY AGREE THAT:

  • You do not acquire ownership rights to the Site or any Content other than any rights in the Materials that you may have.
  • You will abide by any and all additional copyright notices, information, or restrictions contained in any Content.
  • You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content.
  • You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited.
  • Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of the Facility and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
  • You shall not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to anyone, including but not limited to others in your organization.
  • You shall not:
  • modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third-party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or
  • transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third-party or use the Service to provide service bureau, time sharing or other service to third parties.
  • If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

MISCELLANEOUS

  • ELECTRONIC COMMUNICATIONS. Electronic communications from the Facility to you may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Service provided on or through the Site. These electronic communications are part of your relationship with the Facility.
  • YOU HEREBY AGREE THAT:
  • By using the Site and/or the Service provided on or through the Site, you consent to receiving electronic communications from the Facility.
  • You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  • VIEWING, ACCESSING AND USE OUTSIDE THE SPECIFIED JURISDICTION(S). If and when any product or service referenced on the Site become available, they will become available in the Specified Jurisdiction(s) and may not become available elsewhere. The Facility makes no claims that the Site or any product or service referenced therein may be lawfully viewed, accessed or used outside the Specified Jurisdiction(s). Access or use of the Site or any product or service referenced therein may not be legal by certain persons or in certain jurisdictions.
  • YOU HEREBY AGREE THAT:
  • If you access or use the Site from outside of the Specified Jurisdiction(s), you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
  • Section headings and other captions in these Terms are used solely for the convenience of the Parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms.
  • The provisions of the following sections shall specifically survive any termination or expiration of these Terms: Sections: Site Content, Restrictions on Site Use, Modification, Discontinuation Or Termination, Informed Consent, Informed Disclosure, Privacy Policy, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution and Arbitration, Jurisdiction and Miscellaneous.
  • NO WAIVER. The failure of the any Party to enforce any provision of these Terms will not be construed as a waiver or limitation of the Party’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.
  • No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of the Facility, to be given in its sole discretion. The Facility may assign its rights and obligations hereunder to any other party.
  • STATUTE OF LIMITATIONS. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.
  • AGREEMENT BINDING. In the event that any provision of these Terms is deemed to be unenforceable, the said provision will be interpreted to reflect the original intent of the Parties in accordance with applicable law and the remainder of these Terms will continue in full force and effect.
  • ENTIRE AGREEMENT; LANGUAGE OF AGREEMENT. These Terms and Privacy Policy contain the entire agreement between the Site User and the Facility with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Site User and the Facility with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the Parties that these Terms and all related documents be drawn up in English.
  • ARBITRATION AND DISPUTE RESOLUTION. The Parties agree to submit to binding arbitration under the laws of the Republic of Mauritius in the event of a dispute, controversy or claim (each, a “Dispute“) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), their rights and obligations under these Terms, the Site, the use of the Site, and/or the information, Service and/or products that may be provided by or through or in connection with the Site.
  • To the maximum extent permitted by law, these Terms are governed by the laws of the Republic of Mauritius excluding any law or conflicts of law principle that would apply the law of another jurisdiction.

LIMITATIONS OF LIABILITY

  • UNDER NO CIRCUMSTANCES, SHALL THE FACILITY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE.
  • UNDER NO CIRCUMSTANCES SHALL THE FACILITY, ANY FACILITY LICENSOR OR SUPPLIER OR ANY THIRD-PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
  • UNDER NO CIRCUMSTANCES SHALL THE FACILITY, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICE OR ANY THIRD-PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY AGREE THAT:

  • IF YOUR ARE DISSATISFIED OR IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE OR THE SERVICE.
  • YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE SPECIFIED JURISDICTION(S).
  • APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FACILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

DISCLAIMER

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FACILITY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE SERVICE AND THE CONTENTS:

  1. INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR NON-INFRINGEMENT;
  2. THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED;
  3. ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OR ANY OF THE INFORMATION CONTAINED THEREIN.
  4. THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE SITE, OR WEBSITES YOU MAY ACCESS THROUGH OR AS A RESULT OF THIS SITE. LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY.
  5. THAT THE CONTENT IS SUITABLE FOR USE IN LOCATIONS OTHER THAN THE SPECIFIED JURISDICTION(S) AND THE FACILITY ASSUMES NO RESPONSIBILITY FOR SUCH USE.

YOU EXPRESSLY AGREE THAT:

  • YOUR USE OF THE SITE AND SERVICE AND YOUR RELIANCE UPON ANY OF THE CONTENTS IS AT YOUR SOLE RISK.
  • YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SITE OR SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SITE OR SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD.
  • YOU MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTION OR COMMUNICATIONS WITH ANY OTHER WEBSITES.

THE FACILITY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

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