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Disclaimers

Disclaimers

ALL INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MOBIHEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY MOBIHEALTH PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MOBIHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

MobiHealth is not responsible for any incorrect or inaccurate content posted on the Website and App in connection with the Services provided, whether caused by Members or by any of the equipment or programming associated with or utilized in the Services. Information, advice, references, clinical data, suggestions and strategies supplied by Members or by MobiHealth may or may not be correct.

We accept no responsibility for ensuring the accuracy of such information, and strongly advise all Members to exercise caution in the interpretation and implementation of such information. Profiles created and posted by Members of MobiHealth may contain links to other websites. MobiHealth is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MobiHealth. Inclusion of any linked website on the Website neither implies approval, nor endorsement of the linked website by MobiHealth. When Members access these third-party sites, they do so at their own risk.

MobiHealth takes no responsibility for third party advertisements, which are posted on the Website, or through the Services, neither does it take any responsibility for the goods or services provided by its advertisers/providers and Members. MobiHealth is not responsible for the conduct, whether online or offline, of any registered member. MobiHealth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User or Provider communication.

MobiHealth is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members’ or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.

Under no circumstances shall MobiHealth be responsible for any loss or damage, including personal injury or death, resulting from use or non-use of the Services, attendance at a MobiHealth event, from any content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “as are” and as available and MobiHealth expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MobiHealth cannot guarantee and does not promise any specific results from use of the Services.

Healthcare Providers (Providers) are independent of Mobihealth and Mobihealth does not make warranties about their training and skills. Users take full responsibility for reliance on Providers and accept associated risks.  

Mobile Devices:

To the extent that MobiHealth provides its mobile Services for free, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, may still apply and you are advised to check them.

Limitations:

In no event shall MobiHealth be liable to any member, or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Services, even if MobiHealth has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MobiHealth’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MobiHealth for the Services during the term of membership.

Miscellaneous:

These Terms are accepted upon continued access of the Website or use of any of the Services and is further affirmed by becoming a Member. These Terms constitute the entire Terms between you and MobiHealth regarding the use of the Services. The failure of MobiHealth to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is deemed to be unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

MobiHealth may modify these Terms at any time and any such modification shall be effective upon posting of the Terms on the Website. Users agree to be bound by all changes to these Terms when they use the Services after any such modification is posted. It is therefore important that Users review these Terms regularly to ensure they are fully aware of any changes. Members must choose carefully the information posted on MobiHealth and that is provided to other Members.

 

Definitions Section:

  • “Application” or “App” we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from MobiHealth.
  • “Content” means content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials as loaded onto the Services by Users.
  • “Data” or “User data” or “User’s data” means any data, including a Member’s content or information that you or third parties can retrieve from MobiHealth or provide to MobiHealth through means of the Platform.
  • “Provider” means personal MobiHealth membership for doctors, other registered healthcare professionals and healthcare service providers/their representatives or affiliates such as Pharmacies, drug manufactures/Distributors, Diagnostic centres and Hospitals.
  • “Institutional Membership” means membership of MobiHealth for hospitals, clinics, societies, companies and other organizations authorized by MobiHealth.
  • “ME” means MobiHealth E-mail as owned by MobiHealthcare Ltd.
  • MobiHealth Content means content that is contained within the Services as protected by copyright, trade mark, patent, trade secret and other laws and which is owned by, MobiHealthcare Limited.
  • “Member” means a MobiHealthcare fully approved registered user of Services.
  • “MM” means the MobiHealth Messaging tool as owned by MobiHealthcare Ltd.
  • “personal information” means facts and other information relating to a living individual who is or can be identified, either from that information or from that information in conjunction with other information that is in, or likely to come into, the possession of the data controller, including actions taken by Users and non-users who interact with MobiHealth.
  • “Platform” means a set of APIs and services (such as content) that enable others, including application developers and website operators, to recover data from MobiHealth or provide data to us.
  • “Post” means a displayed or published Content on or through the Services.
  • “Services” means MobiHealth brands, products and services such our App, our Website and other application based platforms.
  • “Use” means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  • “User” a person registered as a Member and is not a Provider.
  • “User Registration Data” means the personal information that was provided by Users as part of the registration process to become a Member.
  • “Visitor” means a visiting user of the Services who is not registered as a member of MobiHealth.
  • “Website” means the [website] website as owned by MobiHealth Ltd.

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.