WELCOME TO BUZZ4HEALTH!
2. ACCEPTANCE OF THE TERMS
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” OR “I ACCEPT” BUTTON, OR BY APPLYING TO REGISTER AS A USER AND/OR ACCESSING OR USING THE PLATFORMS, OR BY POSTING, DOWNLOADING OR VIEWING ANY MATERIALS FROM OR THROUGH THE PLATFORMS YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, AND THAT YOU HAVE NO RIGHT TO ACCESS OR TO USE THE PLATFORMS OR MATERIALS UNLESS YOU AGREE TO THESE TERMS. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event the expressions, “You” and “Your” refers to that company or other legal entity.
3. CHANGES TO TERMS OR TO THE PLATFORMS
Buzz4health shall have the right at any time, at its sole discretion, to modify, discontinue or terminate the Platforms, or any part thereof, or to change these Terms, at any time and without prior notice. If we change these Terms we will post the change via the Platform or provide You with some form of notice of the change (See Section 24 – notices). By continuing to access or use the Platform after We have posted a change or provided You with notice of a change, You agree to be bound by the modified Terms. If the changed Terms are not acceptable to You, You agree immediately to stop using the Platforms and Your Account (as defined in Section 4 below) will be cancelled.
4. REGISTRATION ON THE PLATFORMS, ACCESS And USE
Access to and use of the Platforms is limited to individuals who are at least 18 years of age. If You access and use the Platforms, You are responsible to ensure that Your use of the Platforms complies with the laws of Your country of residence and You assume any risks and to the extent and in the manner permitted by applicable law any legal responsibility (including the indemnity under Section 19) related to the use of the Platforms and the use of any Materials that You upload to or post on the Platforms. To access and use the Platforms, You must register an account (“Account”) and become a “Registered User”. To register, You must provide a valid name, and a valid email address, and the other information specified in the on-line registration form (“Community Details”). By submitting the registration form and in consideration of the use of the Platforms, You represent and warrant the following:
- Your Community Details are true, accurate, current, and complete.
- You are at least 18 years of age; and
- You will maintain and update Your Community Details to keep them at all times true, accurate, current and complete.
In submitting Your Community Details You thereby give Your consent that Buzz4health may at its discretion confirm the validity and accuracy of Your Community Details. If You provide any information that is false, inaccurate, not current or materially incomplete, or if Buzz4health has reasonable grounds to suspect that such information is false, inaccurate, not current or materially incomplete, Buzz4health has the right to block Your access to the Platforms and at its discretion to suspend or terminate Your Account and refuse any and all current or future use of the Platforms.
You also authorize Buzz4health to access Your contact list and/or address book on Your devices at Your option and direction in order to allow You to share User Content and/or Buzz4health Content with selected contacts You choose, or to allow you to invite specific contacts you choose to register on the Platforms. You acknowledge and accept that in countries where applicable by law, You must first obtain Your invitee’s consent before using their e-mail address to share such information or to issue to him/her an invitation to use the Platforms.
Where prohibited by law or otherwise prohibited, Use of the Platforms is void. By submitting Your registration form and using the Platforms, You represent and warrant that You have the right, authority, and capacity to agree to and do comply by these Terms and that You are not prohibited from using the Platforms. You also represent and warrant that Your uploading and sharing of any User Content that You contribute to the Platforms will not violate any rights of any third parties and that You have the right, authority and necessary consents if required, to contribute the User Content in question. You understand that Your use of the Platforms may involve or require the transmission of significant amounts of data and You acknowledge and accept that You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or which may otherwise arise from Your use of the Platforms.
Buzz4health does not presently charge fees for any use of the Platforms by its Registered Users. However, You acknowledge and agree that We reserve the right, in our sole discretion, to introduce any fees and charges that We decide may be necessary for the Platforms to be viable for their intended purposes. We will provide notice by email or notification if We decide to implement any such fee or charges, and You will have the option at that time to decide whether or to not to continue to use the Platforms or the feature of the Platforms in respect of which the fees or charges apply.
The Platforms or certain features of the Platforms may be supported by advertising, marketing, promotional or sponsorship revenue and may display advertisements, sponsorship and promotions (“Sponsorship Messages”), and You hereby agree that Buzz4health may place such Sponsorship Messages on the Platforms or on, about, or adjacent to any Material or any User Content that You upload or post. The nature and extent of such sponsorship are subject to Our discretion and to change without notice to You.
5. Keeping your Account and the Platforms Secure
We require Registered Users to provide a valid, working e-mail address and a password to access and use the Platforms. As part of the user registration procedure, You will select a password, which together with the e-mail address You submit and the other information referred to in Section 4 are Your “Community Details”. You are solely responsible for
- maintaining the strict confidentiality of Your Community Details,
- not allowing another person to use Your Community Details to access the Platforms,
- any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your Community Details. If You become aware of any unauthorised or false use of your Community Details, You must immediately notify Buzz4health in writing by email to firstname.lastname@example.org. We do not have liability and shall not be liable for any harm or damage of whatever nature arising from or relating to the theft or misappropriation of Your Community Details, Your disclosure of Your Community Details, or the use of Your Community Details by another person or entity. Any attempt to obtain unauthorised access or to exceed authorised access to the Platforms shall be a trespass and computer fraud, with sanctions under applicable national and/or local laws. As the security and the integrity of the Platforms is a priority and in the interests of all Registered Users, We shall at all times, at our discretion, have the right to monitor and record all communications and activity of whatever nature on the Platforms, and We shall share with and communicate to the authorities as We consider necessary and without notice any and all such communications and activity on Our Platforms.
The foregoing notwithstanding, as a Registered User, You remain responsible for Your own compliance with any applicable notification requirements related to the unauthorised use of Community Details or User Content.
6. SPECIFIC DISCLAIMERS
6.1. BUZZ4HEALTH IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE MEDICAL ADVICE
OUR PLATFORMS PROVIDE AN ENVIRONMENT IN WHICH HEALTH CARE PRACTITIONERS CAN SHARE AND DISCUSS MEDICAL CASES AND INFORMATION FOR EDUCATIONAL AND PROFESSIONAL DEVELOPMENT. OUR PLATFORMS ARE NEITHER A MEDICAL SERVICE NOR ARE THEY OR WE A DIAGNOSTIC SERVICE, OR A SERVICE PROVIDING MEDICAL ADVICE. ON NO ACCOUNT SHOULD YOU USE BUZZ4HEALTH PLATFORMS: TO CONFIRM CERTAINTY IN DIAGNOSIS; TO SELECT THERAPY OR TREATMENT OF MEDICAL CONDITIONS; TO MAKE CLINICAL DECISIONS IN RELATION TO LIFE THREATENING OR HAZARDOUS CIRCUMSTANCES OR WHERE THE WRONG TREATMENT OR DECISION COULD RESULT IN PERSONAL INJURY OF ANY NATURE OR IN DEATH. THE OPINIONS AND COMMENTS OF REGISTERED USERS EXPRESSED ON THE PLATFORM IN RELATION TO MEDICAL CASES OR ANY RELATED MATTER ARE ENTIRELY THE OPINIONS OF THE REGISTERED USERS WHO POST THEM AND THE POSTING OF COMMENTS OR OPINIONS IN RELATION TO CASES OR ANY MEDICAL MATTER IS NEITHER INTENDED TO CONSTITUTE ANY MEDICAL CONSULTATION NOR ARE THEY ANY MEDICAL CONSULTATION OF ANY KIND. THE POSTING OF ANY COMMENT OR OPINION ON THE PLATFORMS DOES NOT INDICATE ANY ENDORSEMENT OR APPROVAL BY BUZZ4HEALTH OF SUCH COMMENT OR OPINION AND THE MATERIALS AND USER CONTENT AVAILABLE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS.
YOU ACKNOWLEDGE THAT THE USE OF THE PLATFORMS FOR ANY PURPOSE OTHER THAN THE PURPOSES PRESCRIBED ABOVE (AS SUPPLEMENTED BY AMENDMENTS FROM TIME TO TIME) AND SPECIFICALLY THE USE FOR ANY PROHIBITED PURPOSES IS AN ABUSE AND A BREACH OF THESE TERMS. YOU ALSO ACKNOWLEDGE THAT SUCH PROHIBITED CONDUCT MAY FURTHERMORE CONSTITUTE A VIOLATION OF LAWS AND/OR CODE OF CONDUCT APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTHCARE PROFESSIONS, AND YOU REPRESENT AND COMMIT AS A CONDITION OF YOUR SUBMISSION TO REGISTER THAT YOU WILL NOT UNDERTAKE ANY SUCH PROHIBITED CONDUCT AND THAT YOU WILL AT ALL TIMES WHILE A REGISTERED USER RESPECT THE PURPOSES OF THE PLATFORMS.
6.2. NO WARRANTY
The Materials and User Content on the Platforms of whatever nature is for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. We or You are not permitted to advise, diagnose, or otherwise treat users and/or patients through the Platforms. Neither the Materials, the User Content or the Buzz4health Content, nor any feature available through the Platforms is intended to be for medical diagnosis or treatment. Persons accessing information on the Platforms assume full responsibility for the use of the information and agree that Buzz4health is not responsible or liable for any claim, loss, or damage arising from the use of the information. Buzz4health does not recommend or endorse any specific drugs, tests, physicians, health care practitioners, medical centers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Platforms and Buzz4health Registered Users are required by these Terms to disclose any such conflicts of interest if they should be relevant to any User Content or information that You upload or post. Your reliance upon the Materials obtained or used by You and/or any User Content is solely at Your own risk.
You acknowledge, confirm and accept that the Platforms are not a substitute for Your own professional medical judgment. You should always exercise your professional judgment in evaluating Your patients, and should carefully consider any treatment plan. Buzz4health urges You to confirm the information made available or otherwise obtained through the Platforms with other reliable sources before undertaking any treatment. We also request that You ensure You are at all times familiar with and review from time to time the applicable policy and/or guidelines and/or rules of Your governing professional body on the Use of Social Media and related matters.
7. ACCURACY OF INFORMATION YOU PROVIDE
As a Registered User of the Platforms, You are liable for the accuracy of the information that You provide to Us, including, but not limited to Your Community Details and the information and/or any data You provide Us in order for us to carry out the process for You to be verified as a doctor or if applicable any other qualified Health Care Practitioner (such information for verification and/or any Community Details being referred to as “Personal Information”). You hereby represent and warrant that all such Community Details and Personal Information is accurate and not false, and that the information relates to the person that is submitting it. You also hereby certify that You are not a paid consultant or have any other financial interests in the information You provide to the Platforms, including, but not limited to, the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information.
8. PATIENT DATA
Patient Confidentiality is of the utmost importance to Buzz4health and We require that Registered Users strictly comply with these provisions and all rules and obligations relating to patient confidentiality and Patient Information (as defined below) including the anonymisation of all patient and/or subject identity contained in all User Content that You upload to or post on the Platforms. Anonymisation means that You must edit, remove, mask or eliminate and/or crop from any User Content including from images (including the eyes of any subject unless the eyes or the eye area are the medical subject of the case sharing) any and all features and/or information or personal details of whatever nature that may enable the patient and/or subject and/or any relative or family member of the patient and/or subject to be individually identified. Without in any way affecting or limiting Registered User's responsibility for Patient Information (as further described below) as well as their obligations to anonymise and maintain patient confidentiality (as further described below), We will make all reasonable efforts at all times to review and monitor User Content uploaded to or posted on the Platforms by Registered Users to identify any non-compliant User Content and We shall have the right at Our sole discretion to take whatever action We consider necessary and appropriate in relation to the such User Content in order to correct or rectify such non-compliance including, without notice, the removal of such User Content.
The Platforms are not intended for the transmission, storing, review or receipt of confidential patient information ("Patient Information"). If You upload such Patient Information to the Platforms, the following terms apply. Applicable laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Materials and/or User Content or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws and/or professional rules of conduct directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information. You also represent and warrant that You will and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws and/or professional rules. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Platforms, the Materials, any User Content and any third party website. You agree that Our licensors and licensees, and all other persons or entities involved in the operation of the Materials and/or User Content and functionalities provided through the Platforms have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use of such Materials and/or User Content, and are acting on Your behalf in transmitting Patient Information.
Your representations, warranties, and obligations in this section survive termination of these Terms.
BUZZ4HEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING OUR PLATFORMS OR THE MATERIALS AND/OR USER CONTENT.
WE RESERVE THE RIGHT, WITHOUT NOTICE, TO AMEND, EDIT OR DELETE ANY MATERIALS AND/OR USER CONTENT AND/OR TO REVOKE ANY USER REGISTRATION OR RESTRICT ACCESS OF ANY USER TO OUR PLATFORMS THAT AND/OR WHO IN OUR SOLE DISCRETION IN ANY WAY VIOLATES THIS SECTION 8 AND/OR SECTION 9 BELOW.
Depending on Your country of residence any one or more of the following may apply and by using, and continuing to use the Platform, You agree and/or consent to each of the following, as applicable:
(a) We shall be entitled to transfer Your Personal Information outside Your country of residence as may be required for the operation of our Platforms as We may decide, and such may involve and necessitate the transfer of Your Personal Information to servers located in the United States or outside of the European Economic Area which provide for different levels of data protection;
(b) by using, and continuing to use the Platforms, You agree and consent to the transfer of Your Personal Information in any of the ways described above.
All Materials and/or User Content generated by a Registered User must comply as applicable with local, national, provincial, state, and federal privacy legislation, and with best practices and all Identifying Information (as defined below) must be removed from User Content. The Registered User agrees and warrants that he/she will edit, eliminate and/or mask any details and/or distinguishing marks in User Content at minimum as required by the rules and/or practice guidelines of their professional governing body or association and that they will and have removed all such Identifying Information regarding any person in the User Content as well as the family members, relatives, employers or household members of that person.
Registered User states and warrants that the Registered User does not have actual knowledge that any User Content could be used alone or in combination with other information to identify an individual who is the subject of information contained in the User Content.
“Identifying Information” means any and all features and/or information or personal details of whatever nature that may enable the patient and/or subject and/or any relative or family member of the patient and/or subject to be individually identified.
10. OWNERSHIP OF USER CONTENT AND COPYRIGHT
Buzz4health respects copyright law and expects its users to do the same. We shall have sole discretion to terminate in appropriate circumstances Registered Users or other account holders who have infringed the rights of copyright holders or of whom Buzz4health reasonably believes have infringed the rights of copyright holders.
11. BUZZ4HEALTH LICENSES TO REGISTERED USERS
Subject at all times to Your compliance with the provisions of these Terms, We grant You a limited, non-exclusive, non-transferable license: (i) To view any Buzz4health Content solely for Your personal and non-commercial purposes; and (ii) to view any User Content to which You are permitted access solely for Your personal and non-commercial purposes.
You do not have any right to sublicense the rights granted to You under this section and, furthermore, You will not do any of the following: Use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platforms or any of the Materials, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws.
No implied licenses or rights are granted to You under any intellectual property rights owned or controlled by Buzz4health or its licensors, except for the licenses and rights expressly granted in these Terms.
12. LICENSES GRANTED BY REGISTERED USERS
All ownership rights in any User Content shall remain with the owner of such rights and nothing in these Terms will be construed to restrict any rights that You/or they may have to use and exploit their own User Content.
Registered Users may be permitted, from time to time and at Our discretion to post, upload, publish, submit or transmit User Content on our Platforms. By making available any User Content on or through our Platforms, You hereby grant to Buzz4health a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such User Content on, through or by means of Our Platforms or by sublicense to partner or affiliate publications.
You acknowledge and agree that You are solely responsible for all User Content that You make available through the Platforms and You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Platforms or You have all rights, licenses, consents and releases that are necessary to grant to Buzz4health the rights in such User Content that are provided for under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or Buzz4health’s use of the User Content or any part thereof on, through or by means of the Platforms will: (a) Infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including any health care regulation or rule and/or ethical practice applicable to Your professional status and irrespective of any other provision in these Terms, You acknowledge and accept that You retain, and that You do retain, the sole responsibility of Your individual compliance with all such applicable laws and/or rules and/or regulations.
13. YOUR RIGHT TO USE THE BUZZ4HEALTH SOFTWARE APPLICATIONS
Subject to Your compliance with these Terms, Buzz4health grants You a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that You own or control and to run such copy of the App solely for Your own personal and professional use. The non-transferable license is also governed by any terms of service provisions required by the vendor from whom You purchased and/or downloaded the App (e.g., Apple iTunes, Google Play, and so forth).
14. YOUR FEEDBACK
We invite You to provide feedback, comments and suggestions to Us for improvements to the Apps and/or Platforms (“Feedback”). You may submit Feedback by emailing us or by such other means We may from time to make available, You acknowledge and agree that by submitting any Feedback, You hereby grant to Buzz4health a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that You own or control in relation to Feedback to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
15. THIRD-PARTY LINKS
The Platforms, or any part of the Platforms may contain links to third-party websites or resources that do not form part of the Platforms. Buzz4health is not responsible or liable for: (i) The availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by Buzz4health of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
16. TERMINATION AND USER ACCOUNT CANCELLATION
If You breach any of these Terms, Buzz4health will have the right to suspend or disable Your Account, at its sole discretion and without prior notice to you. In any such event, however, We will endeavour to notify You by email.
Buzz4health reserves the right to revoke Your access to and use of the Platforms in part or in whole, or any part of the Platforms, at any time, with or without cause. You may cancel your Account at any time by contacting Us by email email@example.com. The cancellation will be processed within seven (7) days.
17. GENERAL DISCLAIMERS
Some jurisdictions may not permit in part or on whole some of the disclaimers and limitations in this section and in such cases therefore the limitations may not apply to You. Subject to the previous sentence, however, and to the fullest extent allowed under applicable law, the following shall apply to Your use of the Platforms under these Terms.
THE MATERIALS AND THE PLATFORMS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL BUZZ4HEALTH, ITS PARENTS, SUBSIDIARIES, AFFILIATES IF ANY AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO: (1) THE USE OF OR INABILITY TO USE THE MATERIALS; (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE PLATFORMS; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; (4) INFORMATION COMMUNICATED ON THE PLATFORMS OR GENERATED BY VIRTUE OF HAVING USED THE PLATFORMS; (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR EQUIVALENT, OR (6) ANY OTHER FAILURE TO PERFORM BY BUZZ4HEALTH OR BUZZ4HEALTH’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER BUZZ4HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUZZ4HEALTH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF PLATFORMS OR ANY MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORISED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR EXPECTATION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOUSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE PLATFORMS.
Buzz4health and its parents, subsidiaries, affiliates if any and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, the User Content or Buzz4health Content. Buzz4health (i) May make changes to the Materials, or to the services and/or products described therein, and also to User Content and/or Buzz4health Content, at any time without notice, (ii) makes no commitment to update the Materials, (iii) does not represent or warrant that any such Materials and/or User Content and/or Buzz4health Content are available for sale or distribution in Your location, and (iv) does not warrant the accuracy or validity of any translations of any Materials or User Content from any language into English or from English into any other language that may be posted or uploaded onto the Platforms, whether by Buzz4health, or by any Registered User or any third party.
18. LIMITATION OF LIABILITY
NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, IF BUZZ4HEALTH SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND BUZZ4HEALTH AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $100.00 (OR AN EQUIVALENT AMOUNT IN ANY CURRENCY). YOU AND BUZZ4HEALTH AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND BUZZ4HEALTH. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, BUZZ4HEALTH WOULD NOT PROVIDE THE PLATFORM OR MATERIALS TO YOU.
You agree to defend, indemnify and hold Buzz4health, its parents, subsidiaries, affiliates if any and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Buzz4health’s reasonable lawyer's fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorised or unlawful use of the Platform, the Materials, or the User Content and/or Buzz4health Content (3) the unauthorised or unlawful use of the Platforms by any other person using Your ID.
20. TRADEMARKS, LOGOS AND OTHER PROPRIETARY IDENTITIES
All trademarks, service marks, logos, trade names and any other proprietary identities of Buzz4health used on or in association with the Platforms are trademarks or registered trademarks of Buzz4health. Any other trademarks, service marks, logos, trade names and any other proprietary identities are the trademarks or registered trademarks of their respective parties.
21. APPLICABLE LAW
Except where mandatory law supersedes this choice of law provisions, these Terms shall be governed by the laws of India and the Courts of India shall have exclusive jurisdiction to entertain any action arising under these Terms or any other agreement, document or instrument applicable to or connected with Your use of the Platforms and which cannot be resolved by arbitration or where the enforcement of an arbitral award requires it, and You hereby accept and irrevocably submit to the jurisdiction of the Indian Courts and acknowledge their competence and agree to be bound by any judgment made thereby. Notwithstanding these applicable provisions, You may have additional obligations and responsibilities to adhere to in the jurisdiction in which You practice medicine or another health profession.
22. ENTIRE AGREEMENT
These Terms together with any Buzz4health’s policies referred to in these Terms constitute the entire and exclusive understanding and agreement between Buzz4health and You regarding the Platforms and their use, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Buzz4health and You regarding the Platforms.
You may not assign or transfer these Terms and/or the Agreement, by operation of law or otherwise, without Buzz4health’s prior written consent. Any attempt by You to assign or transfer these Terms and/or the Agreement, without such consent, will be null and of no effect. Buzz4health may assign or transfer these Terms and/or Agreement, at its sole discretion, without limitation. Subject to the previous sentences, these Terms and/or the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required by these Terms, including those regarding modifications to these Terms, will be in a writing and given (a) by Buzz4health (i) via email (in each case to the email address that you provide); or (ii) by posting to the Platforms; or (iii) via notification within the App. Any notices from You shall be effective if given in writing via email to: admin@buzz4health.
13A, Hauz Khas Village, New Delhi - 110016, India,
Additionally, Buzz4health accepts service of process at this address. Any notices that You provide without compliance with this section on Notices shall have no legal effect.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
25. DISPUTE RESOLUTION
A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of India regardless of Your country of origin or where You access the Platforms, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Buzz4health agree that all claims arising out of or related to this these Terms and/or the Agreement must be resolved exclusively by the Courts of New Delhi, India, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Buzz4health agree to submit to the personal jurisdiction of the courts located in New Delhi, India, for the purpose of litigating all such claims. Notwithstanding the above, You agree that Buzz4health shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
B. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than US$10,000 (in equivalent currency), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
26. GENERAL TERMS
If any provision of these Terms and/or this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
B. No Informal Waivers, Agreements or Representations
Our failure to act with respect to a breach of these Terms and/or this Agreement by You or others does not waive Our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms and/or the Agreement, no representations, statements, consents, waivers or other acts or omissions by Buzz4health shall be deemed legally binding on Buzz4health, unless documented in a physical writing hand signed by a duly appointed officer of Buzz4health.
C. No Injunctive Relief
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Platforms, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platforms or any content or other material used or displayed through the Platforms.