Terms and Conditions of Use

Last Updated: October 14, 2020

 

Welcome to the Effy Healthcare website, owned and operated by GET EFFY, Lda., with a business address at Av. da Liberdade 615, 1º 4710-251 BRAGA (collectively, “Effy Healthcare”, “us”, “our” or “we”). The following terms and conditions (these “Terms of Use”) govern your access to and use of www.effyhealthcare.com, including any content, functionality, and services offered on or through www.effyhealthcare.com (collectively, the “Website”).

 

Acceptance of Terms of Use

Please read these Terms of Use carefully before you start using the Website. By accessing or using the Website, you accept and agree to be bound by and abide to these Terms of Use. If you do not want to agree to these Terms of Use, then please exit the Website and cease any further use or access of the Website.

 

Changes to Terms of Use

Effy Healthcare reserves the right to modify these Terms of Use at any time, in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means you accept and agree to the changes. It is your responsibility to check this page from time-to-time so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

This Website and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Effy Healthcare. The Website is copyrighted by Effy Healthcare. You may not copy or distribute, nor attempt to copy or distribute, the content or features of the Website. In addition, the Effy Healthcare name and all related names, logos, product and service names, designs, and slogans used within this Website are trademarks of Effy Healthcare or its licensors that you may not use without Effy Healthcare prior written permission. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Effy Healthcare. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The information and materials contained in this site are protected under European Union copyright laws along with worldwide copyright laws and treaty provisions.

 

Trademarks and Registrations

 

“Effy Healthcare” is a trademark of GET EFFY, Lda.

“RAID” is a trademark of Mobileum.

All rights reserved.

 

Accuracy of Information

We try to provide complete, accurate, up-to-date Content on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Notwithstanding our best efforts, our Site may contain typographical inaccuracies, mistakes, or omissions, some of which may relate to pricing and availability, and some Content may not be complete or current. As a result, we do not warrant, nor are we responsible for, the accuracy, reliability, completeness, or usefulness of the Content available on or through our Site. We also have made every effort to display as accurately as possible the colors, sizes, and shapes of any products that appear on our Site. However, we cannot guarantee that your computer monitor’s display of any product will be accurate. Pictures, photographs, images, videos, and graphics on our Site are for illustration-purposes only. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of or guaranteed by Effy Healthcare unless Effy Healthcare is identified as the entity providing such products or services. The Content presented on or through our Site is made available solely for informational purposes. The Site has been designed to provide general information about Effy Healthcare, its products and solutions and related information. The Site is not intended to provide investment or medical advice, nor does it provide instruction on the appropriate use of products or solutions produced, supplied or under development by Effy Healthcare, its affiliates, related companies, or its licensors, business partners, or other companies. Any reliance you place on Content available on or through our Site is strictly at your own risk and we are not liable or responsible for any reliance place on our Site’s Content. All users of the Site agree that all access and use of the Site, and any and all Content presented on the Site, is at the user’s own risk. We reserve the right to correct any errors, inaccuracies or omissions, and to discontinue, add to, modify, upgrade, or replace all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, discontinue, or remove any Content appearing on or transmitted through the Site. We also reserve the right to adjust prices, products and any special offers at any time at our sole discretion.

 

Limited License Grant; Revocation of License

Subject to these Terms of Use, Effy Healthcare grants to you a non-exclusive, non-transferable license to use the Website, solely for the purpose of accessing the content, features and functionality of the Website. We reserve the right to withdraw or amend this Website, along with any service or material we provide on the Website, in our sole discretion without notice. We can also revoke the licenses granted to you or deny you future access to the Website, or impose conditions on your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access to certain areas of the Website.

Restrictions on Use

You will not do any of the following while using the Website: (a) conduct or promote any illegal activities; (b) upload, download, distribute or print anything that violates the Terms of Use or that may be harmful to minors; (c) attempt to reverse engineer or jeopardize the functioning of the Website; (d) attempt to gain access to secured portions of the Website to which you do not possess access rights; (e) upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code; (f) use the Website to generate unsolicited email advertisements or spam; (g) use any automatic or manual process to harvest information from the Website; or (h) impersonate another user.  Additionally, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any device, software or routine that interferes with the proper working of the Website; or (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions

Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the general public. By submitting content to public areas of the Website, you grant us an irrevocable license and right to use, copy, display, perform, distribute, adapt and promote this content in any medium. Any user contribution is considered non-confidential and non-proprietary. You understand and agree that Effy Healthcare makes no representations or warranties about (b) the selection of content submitted by users that is available via the Website or (a) any and all editorial content on the Website. Opinions on the Website are not to be construed as assertions of fact.

You take sole and complete responsibility for any content you submit to the Website in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You will not upload, submit or otherwise transmit any content that (i) you do not own or to which you do not have the written permission of the owner to upload to the Website, (ii) in any way infringes on the rights of third parties, (iii) violates these Terms of Use or applicable law, or (iv) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another. You represent and warrant that you have the permission of those individuals or entities whose information appears in the content you submit to the Website and that you have obtained the necessary permissions to disclose such information to the general public, and to show any trademarks that may appear in your content. You are solely responsible for retaining your own backup copies of any content.

Effy Healthcare has no duty to pre-screen content, but we reserve the right to refuse to post or to redact or remove submitted content at our discretion. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement including all relevant infringement related information to info@effyhealthcare.com.

Without limiting any of the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

Links to Third Party Websites

This Site may contain links to third party websites ("Third Party Sites"). Links to other Third Party Sites are provided solely as a convenience to you. We have no control over such Third Party Sites, nor do we review, approve, monitor, endorse, or make any representations or warranties with respect to such Third Party Sites; therefore, we are not responsible or liable to you or to any party for any materials, information advertising, products, services, or other content on or available from such Third Party Sites. If you decide to access any Third Party Sites, you do this entirely at your own risk. You acknowledge and agree that Effy Healthcare is not liable, either directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Third Party Sites.

Linking to the Site and Social Media Features

Linking to the Site: You may link to our Site’s landing page, www.effyhealthcare.com, only if you comply with the requirements for Linking to Effy Healthcare’s Site. LINKING TO EFFY HEALTHCARE'S SITE INDICATES THAT YOU ACCEPT THESE TERMS AND THAT YOU WILL ABIDE BY THE REQUIREMENTS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE REQUIREMENTS, DO NOT LINK TO THIS SITE.

 

Requirements for Linking to Effy Healthcare’s Site: You may link to our Site’s homepage provided that you:

(i) Do so in a way that is fair, legal, and does not damage our reputation or take advantage of it, or show Effy Healthcare in a negative light.

(ii) Do not establish a link in any way that suggests any form of association, approval or endorsement on our part without our express written consent.

(iii) Do not use the Effy Healthcare logo or any of Effy Healthcare registered and unregistered trademarks and service marks without the express prior written consent of Effy Healthcare.

(iv) Do not present false, misleading or inaccurate information regarding Effy Healthcare or Effy Healthcare's products or services.

(v) Do not establish a link from any website not owned by you.

(vi) Cause our Site or any portion of it to be displayed, or appear to be displayed on any other site, for example by framing or in-line linking, or otherwise create a browser or border environment around our Site or our Content.

(vii) Link to any part of the Site other than the landing page, for example by deep linking.

(viii) Do not establish a link from any website containing content that could be construed as illegal, distasteful, offensive, controversial, or otherwise not suitable for all age groups.

(ix) Otherwise take any action with respect to the Site or the Content available on or though this Site that is inconsistent with these Terms or that violates applicable laws.

Social Media Features: Our Site may provide certain social media features that enable you to:(i) link from your own or certain third-party websites to certain Content on our Site; (ii) send emails or other communications with certain Content, or links to certain Content, on this Site; (iii) cause portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use the social media features available on our Site only as they are provided by us, including with respect to any Content displayed with such social media features. Your use of our social media features must also be in accordance with any additional terms and conditions we provide with respect to such features. You are solely responsible for complying with the terms and conditions of any third party social media websites, applications, or services with which you interact and you acknowledge that any information Content that you Post on such third party social media websites, applications, or services is subject to that third party’s privacy policies and other terms and conditions, over which Effy Healthcare has no control, and for which Effy Healthcare will in no event be liable. You agree to cooperate with Effy Healthcare in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice and we may, in our sole discretion, request that you remove any link to the Site. Upon receipt of such request, you shall immediately remove such link. We may disable all or any social media features and any links at any time without notice in our discretion.

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Effy Healthcare, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your use or misuse of the Website; (b) any violation of these Terms of Use; and (c) any of your user contributions. Effy Healthcare reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Effy Healthcare in asserting any available defenses.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  For clarification purposes, the Website is provided for informational purposes only; and Effy Healthcare does not provide any kind of financial consulting or medical advice, diagnosis or treatment. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL EFFY HEALTHCARE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy Policy

From time-to-time, Effy Healthcare may post other policies on its website, including but not limited to Effy Healthcare’s Privacy Policy. You agree to abide by all such policies that are posted on www.effyhealthcare.com.

Miscellaneous

These Terms of Use constitute the entire agreement between Effy Healthcare and you with respect to your rights to access and use the Website.  These Terms of Use are construed and enforced in accordance with the laws of the European Union. Any dispute arising out of these Terms of Use must be adjudicated exclusively in Portugal courts and you consent to personal jurisdiction and venue in Portugal. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Effy Healthcare as a result of these Terms of Use or your use of or access to the Website. If any provisions of these Terms of Use are invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability.  The invalidity or unenforceability of one or more of the provisions contained in these Terms of Use does not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of these Terms of Use invalid or unenforceable whatsoever. You may not assign, sublicense or otherwise transfer any of your rights hereunder, nor delegate any of your duties hereunder. Effy Healthcare may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to you. The headings in these Terms of Use are inserted merely for the purpose of convenience and will not affect the meaning or interpretation of these Terms of Use. No waiver by Effy Healthcare under these Terms of Use is valid or binding unless set forth in writing and duly executed by Effy Healthcare. Any such waiver will constitute a waiver only with respect to the specific matter described and must in no way impair the rights of Effy Healthcare in any other respect or at any other time. Any delay or forbearance by Effy Healthcare in exercising any right hereunder will not be deemed a waiver of that right.

 

If you have any questions regarding these Terms, please contact us by email at info@effyhealthcare.com.

 

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