MEDIZZY TERMS OF SERVICE
The MEDizzy application (“Application”) and web page (“Site”) are mobile platform operated by MEDizzy Ltd., Craven House, Ground Floor, 40-44, Uxbridge Road, London, United Kingdom, W5 2BS, Company number: 10143587 (“Company”). They constitute a communication platform designed for the exchange of information, opinions and observations regarding content of medical nature available on the Internet.
The Application and the Site (together referred to as the “Service”) contain redirections (links) to other websites with a brief description, published by its users. The contents of these pages may be subject to copyright of their respective authors and are protected in accordance therewith. The MEDizzy team responds in an ongoing manner to reports regarding the violations of the rights of third parties by users of the application, taking appropriate steps and measures to remove or disable access to content published in violation of third party rights.Your access to and use of the Service, whether via the Application or the Siteor in any other way that may be from time to time made available, is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service in any way (jointly referred to as the “Users”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Please be informed that we do not accept any liability other than the liability explicitly imposed on us by law and that you may be held liable for any wrongful use of the Service.
1. General provisions
- The terms used in these Terms and Conditions are as defined in the relevant provisions or assigned to them in section 2 below, unless the context in which they are used unambiguously implicates otherwise.
- The below Terms and Conditions define the conditions under which Users may use the Application or the Site.
- The content posted within the Application or the Site is available to all its Users, unless the description of a given functionality provides otherwise. However, only logged Users may make use of the full functionality of the Application or the Site.
- The Application an the Site allow for the storage and transfer of data by Users. The Company does not initiate the transmission of data, does not select its recipients and does not select or modify the information contained in the transmission. The Company has no knowledge of and does not verify, control or supervise the stored data, with the exception of actions necessitated by law, initiated by authorized entities, in particular actions resulting from being made aware of the unlawful nature of the data. The Company also reserves the right to evaluate the data, in particular with regard to compliance with these Terms and Conditions, as per received notifications.
- In order to obtain access to the functionality of the Application or the Site, the use of a device operating under the iOS or Android system, or of a web browser which meets the safety requirements and corresponds to the current state of the art is necessary, as long as the service will be made available by the Company in that particular form. In order to obtain full access to the functionalities of the Application or the Site as provided for the logged in Users, registration using the User’s e-mail account, other than a temporary or anonymous account, is required. The Company reserves the right to exclude on compelling legitimate grounds the possibility of registration and login of Users using e-mail accounts provided by specific third parties.
- The purpose of the Application and the Site is to allow Users to publish interesting content on medicine and related issues. Publishing content that infringes the rights of a third party, including copyright, does not constitute an authorized use of the Application or the Site and may result in liability of the publishing User towards the Company and third parties.
- The User acknowledges that content may be published by other Users within the Application in line with these Terms and Conditions and in a manner justified by the purpose of the Application which, due to its particular nature, may induce a feeling of disgust in the User – such as depictions of medical conditions and pathological states.
- Account – pages dedicated and assigned to the User in the Application or the Site, where information about the User and the User’s activities in the Application or the Site are being collected and presented. One User may have only one Account.
- Post – an entry created by the User within the Service containing data inputted by the User, in particular a link to a website, picture, discussion etc. of the User’s choice. with an appropriate description.
3. Use of and Registration in the Service
- The Service can only be used by persons with adequate legal capacity. Registration in the Service can only be performed by natural persons aged eighteen or above. Commercial entities cannot become Users without a prior consent of the Company.
- In order to register, the following has to be specified by the User in the relevant form as made available in the Service at the very least: user name which the User intents to use in the Application (login), e-mail address (other than temporary or anonymous) and password, acceptance of these Terms and Conditions, as well as a one-time activation to be performed by activating a link sent to the specified e-mail address (“Registration in the Service”).
- The User gains access to the full functionality of the Service after submitting the login and password (login) and after activation.
- Users may have the option to log in to the Service using their credentials from a number of external services, as from time to time made available on the Service’s pages, via relevant application interfaces of said external services. The Company is not responsible for the availability and correctness of the login process using such credentials. External services may also set additional conditions in order to enable the use of such options. The first such login (unless performed in the manner described in clause 3.2. above) constitutes the Registration in the Service and requires acceptance of these Terms and Conditions.
- The activation finalizes the registration process. This constitutes the User and the Company entering into an agreement for the provision of services by electronic means under the conditions stipulated by these Terms and Conditions, ensuring the possibility to use the Service to the User in the manner described in these Terms and Conditions with regard to the relevant Account.
- Following the registration, an Account is created for the User. Information within the Account can be updated with personal data by the User; said data can be deleted by the User at any time.
- Access to information of other Users is limited to non-confidential information provided by such Users in their respective Accounts.
4. Basic functionality of the Service
- Users can publish Posts of their choice in the Service.
- Each Post published in the Service is submitted for evaluation by other Users.
- Users can evaluate a given Post by voting for it. A User can give only one vote to a given Post. Votes can be withdrawn.
- Users can comment on a Post at any given time, as well as respond to other comments already posted.
- The functionality enabling the User to comment on or evaluate other content posted in the Application as well as a function allowing for the exchange of information, opinions and observations about content available on the Internet can be made available to the Users.
- Users can save favourite posts in private folders.
- Any action taken by Users within the Application as well as the purpose thereof should be in accordance with applicable laws, basic principles of social conduct and public moral. In particular, the use of illegal content is prohibited, and specifically any content that infringes on third party copyrights, regardless of the form of its use. Within the scope as required by law, the Company fully cooperates with the authorities and other entities competent in matters of infringements of the law and violations of rights.
- The User assumes full liability for the User’s actions, including liability for the content published by the User in the Service – towards the Company and third parties alike. In the case where a third party would be entitled to claims against the Company as a result of the User’s culpable action, the User agrees, to the greatest extent permitted by law, to release and indemnify the company from any liability in this respect. The content of the User’s Posts should be drafted in a clear and orderly manner and must not be of advertising nature, regardless of the subject, recipient and beneficiary of such advertising, and may not violate any applicable laws, basic principles of social conduct, good practices and customs and rights of third parties. In particular, it cannot contain:
- vulgar or insulting comments, including those regarding other Users of the Service;
- comments violating the basic courtesy and netiquette.
- content promoting totalitarian regimes , violence, drastic content or inciting to hatred, racism, xenophobia or conflicts between nations or ethnic groups;
- content that infringes personal rights (in particular the right of publicity) or copyrights of third parties,
- content of pornographic nature.
- The posting of links in the Service to websites which embody content referred to in section 5.3. above is prohibited.
- By posting any data in the Service, including the image, comments, and any other content, the User consents to the use of such data by the Company for the purpose of maintaining the Service for an indefinite period. Aforementioned consent may be revoked at any time. However, should said data be necessary for the Company in order to continue to provide services to the User, the revoking of consent will result in the cancellation of the agreement between the Company and the User effective upon immediate deletion of the data by the Company.
- Users are obliged to refrain from any action aimed at manipulating the content and rankings and score systems carried out under the Service, to not spam the Service and to refrain from any action which might hamper or disturb the operation of the Service and cause nuisance in the use of it by other Users.
- Users are required to only include content relating to matters from the field of medicine. Any other content can be flagged for removal and removed.
- The User can only post works within the Service, to which the appropriate rights are vested in the User. If any of the work posted presents the image of any other person, the User may not publish it without obtaining the consent of that person prior to the publishing.
6. Role of the Application’s operator
- Within the Service, the Company provides Users with the tools and space on the sites of the Application to enable them to use its functionality.
- The Company bears no responsibility for the actions of Users or for the contents of any data placed by Users within the Service.
- The Company bears no responsibility for the stored data as long as the knowledge of unlawful nature of that data or activities related thereto cannot be attributed to the Company. In the event of receiving an official notice or a plausible information regarding the unlawful nature of the data or activities related thereto, the Company will immediately prevent access to that data. Should access to the data be disabled because reliable information about the unlawful nature of such data has been obtained, the Company notifies the User within the User’s Account.
- In justified instances, the Company may remove the offending Post along with all of the comments thereunder, if the placement of the Post in the Service has brought forth a violation of the provisions of these Terms and Conditions. The Company is not obliged to verify Posts or comments thereunder.
- In justified instances, the Company may remove any content published the Users, if the publication thereof in the Service has brought forth a violation of the provisions of these Terms and Conditions. The Company also has the right to edit any Posts published by Users. In particular, if any further action is required to ensure the compliance of the published content with these Terms and Conditions, the Company may undertake appropriate edition of that content as the Company sees fit. The Company is not obliged to verify any information posted by Users in the Service other than in cases required by law.
- Edition of the content by the Company pursuant to the above does not constitute an infringement of any rights of the User; the user consents to such actions by the Company and commits to not to raise any claims against the Company in this respect.
- In justified cases and within a justified scope, the Company may prevent the User from being able to log onto and make use of the Service, or may delete the Account entirely, in particular if the User violates the provisions of these Terms and Conditions.
- The Company will use its best efforts to ensure the correct and the continued functioning of the Service. However, it reserves the right to temporarily suspend said functioning, to a necessary extent and in justified instances, for technical reasons or for reasons that lay beyond the control of the Company.
- The contents of the Service are meant for informational purposes only and may not constitute the basis for taking up treatment.
- The Company bears no responsibility for the correctness of the Users’ content placed by them within the Service or for any decision medical or otherwise undertaken on its basis. The use of the Service is for information sharing purposes only and does not replace proper medical advice. Decisions and choices for action regarding the health should be taken after professional consultation with a medical practitioner.
7. Privacy and personal data protection
- The Company becomes the data controller in respect of the personal data submitted by or otherwise concerning the User.
- Detailed rules for the processing of User’s personal data, their rights and obligations related to it, as well as the rules governing this process and privacy principals, can be found in MEDizzy Privacy and Data Protection Rules.
8. Termination of use of the Service
- The User may terminate the contract for the provision of services by electronic means at any time under the conditions specified in these Terms and Conditions and in the relevant law.
- The declaration of termination of the contract may be submitted by the User by the settings available in the User’s Account, or via a letter sent to MEDizzy Ltd, Craven House, Ground Floor, 40-44, Uxbridge Road, London W5 2BS , United Kingdom, as well as by sending a declaration to this effect sent to the following e-mail address: firstname.lastname@example.org.
- The Company may terminate the contract for the provision of services by electronic means with immediate effect if:
- the User violates the provisions of these Terms and Conditions, or other terms and conditions accepted by the User for other services related to the Service and provided by the Company, or
- the User provided false, outdated, incomplete or otherwise invalid data, in particular data of others, or if the User made statements of a misleading nature towards the Company.
- In situations differing from those mentioned in section 8.3 above, the Company is entitled to terminate the agreement with a 14 days’ notice.
- The consequence of the termination of the agreement is the removal of the Account, which has been created upon its entering into. The removal of the Account does not automatically remove all content posted by the User within the Application; in the absence of an express request by the User in this matter, the Company, reserving any further rights set forth herein, is not obliged to remove entries and comments posted and votes cast by said User.
9. Final provisions
- These Terms and Conditions have been made available in the Service so that Users may at any time access, reproduce and save their wording – via printing, saving on a data carrier, in the form of screen-shots or in any other suitable form, depending on the technical conditions of making said wording available.
- In the instance of any amendment or revision to the aforementioned Terms and Conditions, the Company shall inform about such change on the sites of the Service.
- Amendments or revisions to these Terms and Conditions come into force on the date specified by the Company, not less than 14 days from the announcement of such changes to the Service.
- The lack of acceptance of the amended or revised Terms and Conditions by the User is to be read as a termination of the contract with the Company on the conditions set forth herein by the User.
- In all matters relating to the use of the Service and the User’s relationship with the Company, the provisions of the law applicable to the Company’s headquarters apply apart from these Terms and Conditions, unless mandatory provisions of otherwise applicable law indicate otherwise.