The RediCare ControlDTx and RediCare Control programmes are evidence-based lifestyle therapy programmes delivered as a digital therapeutic for treating chronic disease and enabling participants or users to live healthier more fulfilled lives.
The RediCare ControlDTx programmes, the site and the other websites we own or operate, including, without limitation, redicare.ie or redicare-inform.ie and others shall be collectively referred to herein referred as ""The Services"".
Please read these Terms of Use (the "Terms") and our Privacy Policy carefully before using ""The Services"". because they govern your use of ""The Services"". By accessing or using ""The Services""., you agree to be bound by these Terms.
These Terms constitute a binding legal agreement between you and RediCare Limited ("Company", "we" or "us"). If you have been authorised to and are helping another person apply for and/or use "The Services", these Terms constitute a legally binding agreement between both the helper and the person being helped and Company.
If you are not willing to be or cannot be bound by these terms, then you may not access, browse or use "The Services". Moreover, we do not and will not grant you any right or license to access, browse or use "The Services" without your willingness and ability to be bound by all of the terms and conditions set forth herein.
We reserve the right, at our discretion, to modify, replace, update or change any of these Terms at any time and for any reason. Any changes, revisions or modifications to these Terms shall become effective upon posting by the Company on the Site, the Mobile App, via the Service or by sending you an email or other notification. It is your responsibility to check these Terms periodically for changes. By continuing to use "The Services", you agree to accept all such changes, revisions or modifications to the Terms.
If you accept these Terms but later decide that you want to terminate your account, please contact Customer Support at info@redicare.ie and we will verify and complete your request.
1. Applicability of These Terms
Your access to and use of "The Services" is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of "The Services". If you do not agree with these Terms, you are not authorized to access or use any portion of "The Services" in any manner or for any purpose.
Your use of any Services with which we may be affiliated may be subject to additional terms, including terms and conditions provided by a third party. If you do not agree with any of these additional terms and conditions, you are not authorized to use "The Services" subject to such additional terms.
In order to receive "The Services", you must register as more fully described below in the section entitled "Registration." "The Services" are available only to individuals who (1) are at least 18 years old.
You represent and warrant that you have the right, authority and capacity to enter these Terms and are at least 18 years old. In addition, you represent and warrant that (1) all registration information that you submit or that is submitted on your behalf is complete, accurate and truthful, and (2) in the event that you allow a third party to assist you in providing any information, including in completing the application and submitting any registration information to us, you have reviewed and confirmed that all such registration information is complete, accurate and truthful prior to its submission to us.
Company may, in its sole discretion, refuse to offer "The Services" to any person or entity and change our enrollment criteria for the RediCare ControlDTx programme at any time for any reason. This provision is void where prohibited by law, and the right to access "The Services" is revoked in such jurisdictions.
Company reserves the right, at its discretion, to change, modify, replace suspend, or discontinue "The Services" or any component thereof (including without limitation, the availability of any feature, specification, database, or content) at any time and for any reason. Company will not be liable to you for any such change, modification, replacement, suspension or discontinuation of your rights to access and use "The Services" Company may also impose limits on certain features and services or restrict your access to parts or all of "The Services" without notice or liability.
2. "The Services"
As part of "The Services", we offer the RediCare ControlDTx programme, which is an evidence-based lifestyle therapy programme, delivered as a digital therapeutic. The program is beneficial for treating chronic disease such as type 2 diabetes, prediabetes, high blood pressure, high cholesterol, overweight or obese conditions or generally assisting participants to live healthier more fulfilled and energetic lives.
"The Services" may include, without limitation, the following:
- The ability to create, upload, transmit, display and access health information shared by you and others through our Services, augmented with information collected about you through authorized third parties (e.g., trackers such as Fitbit and Apple or, if applicable, glucometers and blood pressure cuffs etc.
- The ability to build, maintain and enable your participation in an online community related to your participation in "The Services" and your health goals.
- Access to other information about Company and our products and/or services through the various websites we own and operate, including, without limitation, the redicare.ie or .com website and domain name, and any other features, content or applications offered from time to time by Company in connection therewith.
- The ability to interact with relevant Company personnel in a timely and effective manner from the time of your initial application for Services and throughout the course of your access to and use of "The Services", including but not limited to Company's health coaches and customer support team.
- The ability to interact with other users of our Services from the time of your registration in the Programme and throughout the course of your access and use of our Services.
- The ability to interact with your other healthcare providers, friends or family so that they can understand how you use "The Services".
3. Always seek your Doctor's Advice
"The Services" are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment and are offered for educational and dietary support purposes only.
"The Services" enable's registered users to access digital educational content on chronic disease, lifestyle education, evidence based dietary information and advice, and health coaching tools and resources, including a health coach who may provide you with dietary advice, web, telephone, SMS, or email-based support. Company does not employ or contract with doctors to provide medical care to you.
While "The Services" provide lifestyle information lifestyle and dietary advice, company cannot and does not diagnose your health conditions or otherwise provide you with any medical advice. This content should not be used during a medical emergency or for the diagnosis of any medical condition.
Always seek the advice of your doctor or other qualified health professional with any questions regarding your medical condition or the use (or frequency) of any medication or medical device, changing your diet or commencing or discontinuing any course of treatment.
Do not use "The Services" as a substitute for consulting with your doctor, and do not disregard professional medical advice or delay in seeking it because of any information received in connection with our services. If you think you have a medical emergency, call 999 or 112 immediately.
4. No Emergency Services
"The Services" are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, emergency care unit, or any other kind of emergency or time-critical service.
The site, the mobile app and "The Services" are for non-emergency purposes only. Do not attempt to access emergency care through the site, the mobile app or "The Services". If at any time you are concerned about your care or treatment, or if you think you have a medical emergency, consult your Doctor or go to the nearest open emergency facility immediately.
If Company becomes aware of or contemplates an emergency, Company may, at its sole discretion, secure from any appropriate hospital, doctor or medical professional any emergency treatment deemed necessary by Company for your immediate care.
You understand and agree that, if the Company does take any action with respect to securing emergency responses on your behalf, you, not Company, will be solely responsible for payment of any and all medical services rendered in connection with any such treatment.
5. Privacy and Your Personal Information
Company's privacy policy is located at http://redicare.ie/privacy-policy/ (the "Privacy Policy") and is expressly incorporated into these Terms. The Privacy Policy discloses Company's practices regarding the general collection, use and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of Company's Privacy Policy and consenting to the collection, use and disclosure of information provided to Company as set forth herein in this agreement to deliver its Services.
All comments, queries, and requests relating to our use of your information are welcomed and should be addressed to: The Data Protection Officer, RediCare, 1 Island House, Great Island Enterprise Park, Ballincollig, Co. Cork | email: info@redicare.ie.
"The Services" include the ability to connect with a social peer to peer support network of people with or prescreened for certain medical conditions such as but not limited to, including prediabetes, insulin resistance, metabolic syndrome, cardiovascular disease, type 2 diabetes, overweight or obese condition. By visiting or using "The Services", you consent to our collection, use and disclosure of your personal information, including health-related information such as your medical conditions, in accordance with our privacy policy. If you do not consent to the collection, use and disclosure of this information, you should not access or use the site, mobile app or "The Services".
The following is a summary of how we manage your personal data when RediCare delivers a health assessment and or "The Services"
Your data can be used to generate your health assessment report
The data will be used as a baseline to inform the delivery of "The Services" for overweight, high cholesterol, high blood pressure, pre-diabetes, type 2 diabetic conditions or other general health improvements you may desire
Your personal health information, relevant biomarker data such as cholesterol levels, HbA1c, blood pressure, weight etc, your programme adherence to "The Services" may be shared with your doctor, their general practice clinic support personnel and / or personnel from your referring pharmacy.
.
Your data may be used for de-identified statistical analysis and reporting on the prevalence of chronic and other diseases. Some of this statistical analysis and reporting and analysis may be used for publication purposes in medical, scientific and academic publications and may be presented at medical meetings and conferences.
Your data will always be anonymous and unidentifiable.
6. Rules and Conduct
As a condition to using "The Services", you agree not to use "The Services" for any purpose that is prohibited by these Terms. You shall, at all times, abide by all applicable laws in accessing and using "The Services". "The Services" (including, without limitation, any Content or User Submissions (both as defined below)) are provided only for your own personal, non-commercial, limited use in accordance with these Terms. You are responsible for all your activity in connection with "The Services". For purposes of these Terms, the term "Content" includes, without limitation, any advertisements, advice, lessons, instructions, suggestions, videos, audio clips, written forum comments, information, posts, comments, materials, data (obtained about you through "The Services" or from third parties), content, text, photographs, images, software, scripts, art, graphics, logos, button icons and interactive features generated, provided, or otherwise made accessible by or to Company or its partners on or through "The Services".
By way of example, and not limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through "The Services", that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
- involves commercial activities and/or sales without Company's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
- impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (a) take any action that imposes or may impose an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure; (b) interfere or attempt to interfere with the proper working of "The Services" or any activities conducted on or as a part of "The Services"; (c) bypass any measures Company may use to prevent or restrict access to "The Services" (or other accounts, computer systems or networks connected to "The Services"); (d) run Mail list, Listserv, any form of auto-responder or "spam" on "The Services"; or (e) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, in each case as determined by Company in its sole discretion.
You shall not (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of "The Services", except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of "The Services"; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. Company reserves the right to remove any User Submissions or Content from "The Services" at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms), or for no reason at all. Company also reserves the right to access, read, preserve, and disclose any information as Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Company, its users and the public.
7. Registration; Computer Equipment and Internet Services; Consent to Receive Email/Phone Communications
As a condition to using "The Services", you will be required to register with Company and select a password and screen name ("Company User ID"). You shall provide Company with true, accurate, complete, and current registration information any time you register to use The Services and maintain and update promptly any changes to such information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
You shall not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of or cancel a Company User ID in its sole discretion. You are solely responsible for choosing your Company User ID and for activity that occurs on your account. Additionally, you shall be responsible for setting your account password, as well as maintaining its confidentiality – any sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your username and password is expressly prohibited. You shall never use another user's account without such other user's express permission. You will immediately notify Company in writing of any unauthorized use of your password or account or any other security breach of which you become aware.
As a condition of using our Site and participating in "The Services", you will be required to provide Company with your email address and phone number as part of registration. As part of "The Services", you will receive from us email and other communications (e.g., SMS messages, phone calls and push notifications) relating to your use of our Site, the Mobile App and/or your participation in "The Services". By disclosing this contact information or otherwise participating in "The Services" or sending electronic communications through "The Services", including the Site or the Mobile App, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in "The Services". As part of using "The Services", you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrolment in "The Services", (ii) all communications and disclosures relating to your access to, use of or participation in "The Services" and (iii) all communications and disclosures relating to "The Services" that we are required by law or these Terms to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.
With the exception of "The Services", you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use "The Services", as well as Internet services via the Internet service provider of your choice and any wireless services your require (the "Connections"). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By checking the checkbox affirming your consent to these Terms, you demonstrate that you can access information that we provide to you by posting electronic communications on the Site or the Mobile App or via email and otherwise confirm that you are able to access and use the Site and "The Services" and receive emails from us.
In connection with your use of "The Services", you understand and acknowledge the following:
- There is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Connections, and you hereby expressly assume such risks.
- You are responsible for the data security of the systems used to access "The Services" and for the transmission and receipt of information using such Systems.
- You have requested access to "The Services", made your own independent assessment of the adequacy of the Connections and Systems, and are satisfied with that assessment.
- We are not responsible for any errors or problems that arise from the malfunction or failure of the Connections or the Systems.
- We may enable the use of geolocation services with our Mobile App, and we may use this geolocation information to provide features of "The Services" and to improve and customize "The Services". If you do not want us to use geolocation data from your mobile device, you may set your location preferences on your device accordingly.
When you contact us by email or text, we have no way of protecting your information until it reaches us since email and text messaging and the communication lines that such communications travel over do not have the security features that are built into our services and may not be secure. By sending any information to us via "The Services", email or text, or agreeing to receive electronic communications from us through "The Services", email, push notifications or text, you acknowledge and accept any risk and damage arising from disclosure of such information in the course of transmission.
8. Fees and Payment
Company reserves the right to require payment of fees for certain features of "The Services". Should you elect to subscribe to such features, you shall pay all applicable fees.
The fees for RediCare Services. "The Services" is €50.00 for the first month, paid in advance in one payment. The Services automatically renews each month at a fee of €14.95 per month, unless cancelled by sending an email with your cancellation request to info@redicare.ie at least 3 days prior to your next billing date.
Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on "The Services". Use of "The Services" by you following such notification constitutes your acceptance of any new or increased charges.
9. Third-Party Websites and Materials
"The Services" may allow you to display, use, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to certain third-party websites ("Third-Party Websites").
When you use any Third-Party Materials or access any Third-Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third-Party Materials and Third-Party Websites are not under Company's control, and Company is not responsible or liable for the availability, performance, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third-Party Materials and Third-Party Websites. Company is providing these Third-Party Materials and links to Third-Party Websites for your convenience. The inclusion of any such Third-Party Materials or links in "The Services" does not imply endorsement or recommendation by Company or any association with the Third-Party website's operators. Company also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties.
The providers of Third-Party Materials and Third-Party Websites (each, a "Third Party Service Provider") may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third-Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third-Party Service Provider's privacy policy and/or terms of use, you should not use "The Services".
Company hereby disclaims all responsibility and liability for any of your information collected or used by any third-party service provider. In addition, you agree that company will have no responsibility or liability for any information, software, materials or services provided by any third parties, including without limitation any third party service providers linked through "The Services", and you agree to assume all responsibility and liability for any damages, loss, or other harm, whether to you or to third parties, resulting from or alleged to have resulted from your use of third party materials and third party websites.
10. Company, Content, Intellectual Property
"The Services" (including but not limited to the Site, the Mobile App and the RediCare Program, called "ControlDTx" or "Control" programme) and the Content are protected under international intellectual property, copyright, trademark, patent, trade secret and other laws. "The Services" and the Content are the sole property of Company. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through "The Services". You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit "The Services" or any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You may, to the extent "The Services" expressly authorize you to do so, download or copy the Content, and other items displayed on "The Services" for download, solely for your personal use only in accordance with these Terms, provided that you maintain all copyright, trademark and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use in accordance with these Terms is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content's copyright notice. You acknowledge that all Content accessed by you in using "The Services" is accessed at your own risk and that you will be solely responsible for any damage or loss to you or any third party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via "The Services".
Subject to your compliance with these Terms (and any other terms governing your use of "The Services"), you are granted a personal, non-exclusive, non-transferable, non- sublicensable, revocable, limited right to access our Site, download and use the Mobile App when and if available, and use "The Services". All rights in and to "The Services" (including, but not limited to, the Site, the Mobile App, the RediCare Inform and Control Programme and the Content) not expressly granted in these Terms are hereby reserved and retained by Company.
RediCare and the logo (the "Company Marks") are trademarks or registered trademarks of RediCare Limited.
11. User Submissions
"The Services" provide a Peer to Peer support platform and as such provide you with the ability to create, upload, submit (through our Site, the Mobile App, through our personnel or through Third Party Websites or Third Party Service Providers, software, phone, Tools or other resources), disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, personally identifiable information, personal health information, activity tracking, food tracking and sleep tracking), materials, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to "The Services", including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, "User Submissions"). You represent and warrant to us that (i) you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to Company herein, (ii) you will comply with all applicable laws in using "The Services", and (iii) doing so will not violate any law or infringe upon or violate the rights of any person or entity.
You consent and grant to Company, its directors, officers, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors and assigns (the "Company Parties") a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, license, modify, reproduce, adapt, publish, translate, transmit, edit, distribute, perform, display, communicate publicly, create derivative works of and otherwise use any User Submissions and incorporate the User Submissions in other works in any form, media or technology. You further acknowledge that the Company Parties shall be entitled to use of the User Submissions in accordance with these Terms without any compensation to you for any exercise of the license granted under this section. You also consent to and permit any user of "The Services" to access, display, view, store and reproduce any User Submissions that you have made available in any public or group forum within "The Services" for his or her personal use. Subject to the foregoing, you remain the owner of the User Submissions that you provide to us and retain all rights that may exist in such User Submissions; provided, however, the license you grant herein gives the Company the right to use the User Submissions as described in these Terms, our Privacy Policy, and your ownership rights in such User Submissions cannot interfere with the license you grant to the Company Parties.
If all or a portion of a User Submission constitutes personally identifiable information as described in our Privacy Policy, we will treat it as such. However, we reserve the right under the license you grant us to remove personal identifiers from any and all User Submissions and, once reasonably de-identified, the remaining information shall not be subject to any obligation of confidentiality on our part. You understand and agree that Company owns all right, title and interest in and to all such de-Identified data and may be used for any lawful business purpose without any duty of accounting to you. For example, once de- identified, we may use information from User Submissions in our publications and sales and marketing materials and for product research and development.
By providing you with the ability to post and use User Submissions in delivering "The Services", Company is not undertaking any obligation or liability relating to any User Submissions or activity related thereto, nor does Company endorse any such User Submissions or activities. Company cannot guarantee the authenticity of any data which users may provide about themselves through "The Services".
You acknowledge that all User Submissions submitted, uploaded, posted, transmitted or displayed are the sole responsibility of the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you submit, upload, post, transmit or otherwise display to "The Services". You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights, or rights of publicity or privacy, or in violation of any applicable law, rule or regulation. You shall be solely responsible for any violations of laws and for any infringements of third-party rights caused by your user submissions and use of "The Services".
We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Services by others; therefore, we do not guarantee the accuracy, integrity or quality of any such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using "The Services". Although we reserve the right, Company has no obligation to monitor "The Services", Content, or User Submissions. Company may edit, modify, suspend or remove any User Submission at any time for any reason in Company's sole discretion without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by Company), or for no reason at all.
Company disclaims any actual or implied duty to monitor user submissions and specifically disclaims any responsibility or liability for any user submissions or for the quality or accuracy of other information you provide through using "The Services".
In order to use "The Services", you are required to create a public profile, which may contain certain identifying information (such as age, profile photos, location, etc.). It is the responsibility of each user to provide current and accurate information, and Company does not, and cannot, investigate information contained in member public profiles or guarantee its accuracy. As a result, Company must assume that information contained in each user public profile is current and accurate. Company does not represent, warrant or guarantee the currency or accuracy of any information provided by any user and hereby disclaims all responsibility and liability for any information provided by users in connection with their use of "The Services". Under no circumstances will company be liable for any user submissions, including but not limited to any errors or omissions in any user submissions or any loss or damages incurred as a result of the use of any user submissions.
12. Termination
Company may terminate your access to all or any part of "The Services" at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use our Services, including the Site and the Mobile App, or our termination of "The Services", all licenses and other rights granted to you by these Terms will immediately terminate. In the event Company terminates your access for any reason whatsoever, any fees to the amount under €50 paid by you are non-refundable.
If you wish to terminate your account, you may do so by following the instructions on the Site or contacting our customer support team at info@redicare.ie. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Warranty Disclaimer
Company has no special relationship with or fiduciary duty to you. "The Services" (including, without limitation, any content) are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners or anyone else involved in creating, producing or delivering "The Services" or the information, services and materials contained therein (i) do not assume any liability or responsibility for the accuracy, completeness or usefulness of any information, services and materials provided on or through "The Services" and (ii) do not warrant that: (a) "The Services" will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through "The Services" is free of viruses or other harmful components; or (d) the results of using "The Services" will meet your requirements or the stated purpose. Your use of "The Services" is solely at your own risk.
14. Indemnification
You shall defend, indemnify and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers, representatives, participating doctors who refer our services and agents from all liabilities, claims, losses, damages and expenses, including reasonable attorneys' fees, that arise from or relate to: (a) your use or misuse of, or access to, "The Services", Content or otherwise from your provision to Company or any of the indemnified parties of any User Submissions or other data; (b) your breach of these Terms; (c) your violation or alleged violation of any applicable foreign or local laws, rules and/or regulations; or (d) infringement or alleged infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defences.
15. Limitation of Liability
In no event shall company, its affiliates nor its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to "The Services" (including, without limitation, any content): (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, exemplary, or consequential damages of any kind whatsoever, substitute goods or services (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); (c) for your use or inability to use or reliance on "The Services" or any content or other materials available through "The Services"; (d) unauthorized access to or alteration of your transmissions or data; or (e) statements or conduct of any third party on our services.
The maximum liability of company, its affiliates and its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers to you for any and all damages, losses and causes of action shall not exceed the amount paid by you, if any, for accessing our services. You acknowledge and agree that the limitations set forth above are fundamental elements of these terms and "The Services" would not be provided to you absent such limitations. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you if you reside in such a jurisdiction. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between company and you. "The Services" would not be provided without such limitations.
When using "The Services", information will be transmitted over a medium which may be beyond the control and jurisdiction of Company, its customers and/or its vendors. Accordingly, Company assumes no liability for or relating to the delay, unintended access or disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of "The Services".
Any claims against Company arising in connection with your use of "The Services" must be brought against Company within one (1) year of the date of the event giving rise to such action.
16. International Use
Company makes no representation that "The Services" are appropriate or available for use in locations outside of Ireland. If you access "The Services" from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws.
17. Governing Law; Dispute Resolution
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.
These Terms shall be governed by and construed in accordance with the laws of the Ireland,
18. Integration and Severability
These Terms, the Privacy Policy and any other agreement referenced herein, constitute the entire agreement between you and Company with respect to "The Services", and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to "The Services". If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19. Miscellaneous
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any or all of its rights and obligations hereunder without consent. Our licensors and Mobile App Providers may be entitled to enforce these Terms as third-party beneficiaries; otherwise, there are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture or employment relationship is created as a result of these Terms. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.
21. Contact
You may contact Company at the following address:
By email: info@redicare.ie
By mail:
RediCare Limited, 1 Island House, Great Island Enterprise Park, Ballincollig, Cork, IRELAND P31 TK53.