Our Terms and Conditions for use of the Induction App and Kuma
Our Terms and Conditions for use of the Induction App and the Kuma Platform: the "Application".
This service is provided by Podmedics Ltd, registered in England.
Company Number: 06840040
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Podmedics Ltd mobile application (the "Service") operated by Podmedics Ltd ("us", "we", or "our").
Your access to and use of the Service 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.
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.
Podmedics Ltd asserts any and all copyright and database rights under EU Database Directive (96/9/EC) and Article 7.1 which applies to "databases in respect of which there has been qualitatively and/or quantitatively a substantial investment in the obtaining, verification or presentation of the contents."
This assertion and the contractual parts of these Terms and Conditions accords Article 6(1) or Article 8 of EU Database Directive (96/9/EC) which grants Lawful Users certain rights to access or use insubstantial parts of this Database .
The service is provided free to Users.
Some parts of the Service are billed on a subscription basis ("Subscription(s)") for Subscribers. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Podmedics Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Podmedics Ltd customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Podmedics Ltd with accurate and complete billing information including full name, address, state/province if applicable, zip code/post code, telephone number and valid payment method information. By submitting such payment information, you automatically authorize Podmedics Ltd to charge all Subscription fees incurred through your account to any such payment instruments.Should automatic billing fail to occur for any reason, Podmedics Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Podmedics Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Podmedics Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Podmedics Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Podmedics Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions, with the exception of any initial period as originally agreed in which fees will remain unchanged. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Podmedics Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. When we change terms or prices, we will notify you by email to your main account in this Service. After receiving that email you have 30 days to respond (a) by informing us that you agree to the new terms or prices, (b) by informing us that you disagree, in which case Podmedics Ltd may on a case to case basis agree to continue providing you with the Service under the previous terms and/or prices, or (c) by giving us notice that you terminate this agreement regardless of the remaining duration you had agreed to under the previous terms. Continuation of use after 30 days will constitute agreement to the new terms .
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Public Content"). You are responsible for the Public Content that you post to the Service, including its legality, reliability, and appropriateness.
Podmedics Ltd does not supervise or moderate any Public Content published whatsoever, and disclaims all liability and responsibility for the content, though it reserves the right to remove or correct data errors when notified.
Please respect the confidentiality of others, including your colleague and patients and you agree to publish only publically available data and advice which is relevant for other healthcare professionals.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to contact Podmedics Ltd in the first istance if you are concerned about published content on any grounds whatsoever. We accepts contact either via email at firstname.lastname@example.org
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You must keep confidential any username and password issued to you. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Outside of Subscribers and Clients of Podmedics Ltd, Podmedics Ltd does not guarantee or accept responsibility for access to the app, and though we may, we are no obligation to support your use of the app.
You must make yourself aware of any institutional, system or national regulations on the use of content you publish, and follow all institutional, state, professional organisation or government regulations applicable to yourself and your employment.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The data created by your actions within the Service [‘Created Data’] we collect is used to improve the quality of our Service. Podmedics Ltd uses Created Data for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research and synthesis of general and segmented insights into user activity and value creation.
The Service, its Database and Created Data, features and functionality are and will remain the exclusive property of Podmedics Ltd and its licensors. You may not use the app for your financial gain without obtaining a licence from Podmedics Ltd.
All applicable intellectual property and copyright is claimed by Podmedics Ltd on the software, design and appearance of the app, for all jurisdictions.
The Service is protected by copyright, and the laws of the the United Kingdom and other countries. Our trade dress may not be used in connection with any product or service without the prior written consent of Podmedics Ltd.
When you upload content, you give to Podmedics Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Podmedics Ltd business.
Users or Subscribers are not allowed to use anything to copy or reproduce the Hosting Platform, including using robots, spiders, other automatic processing program, or other manual process. Users or Subscribers also cannot assist others to achieve such copying or reproduction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Podmedics Ltd.
Podmedics Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Podmedics Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease, and all your contributed data may be removed at our discretion. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This app is not to be used for communications in an emergency.
You agree to defend, indemnify and hold harmless Podmedics Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Public Content posted on the Service.
You are solely responsible for the content you make available. You are liable for any material published on this app from your device, or any other where your username and password are used.
In no event shall Podmedics Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Podmedics Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Podmedics Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Podmedics Ltd or any person for whom Podmedics Ltd is responsible, and even if Podmedics Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, this app or online service although we retain the right to bring proceedings against you for breach of these terms and conditions conditions in your country of residence or any other relevant country.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.