TERMS OF SERVICE ("Terms of Service")
1.1 The Dermabuddy app is an online resource to enable regulated healthcare professionals in Ireland to discuss dermatological issues and patient cases with trusted colleagues in a secure manner.
The domain http://www.dermabuddy.ie, the facilities, services and information available thereon and associated iOS and Android app (our "Website"), is owned and operated by Dermabuddy Technology Services Ltd, trading as Dermabuddy, an Irish registered company, number 654795, having its registered office at Unit 101, 4, Burton Hall Park, Burton Hall Road, Sandyford, Dublin 18. Our e-mail address is firstname.lastname@example.org.
1.2 Your usage of our Website is governed by the continuous application of these Terms of Service. For the purpose of these Terms of Service "we", "our" and "us" refers to Dermabuddy Technology Services Ltd, trading as Dermabuddy, and "you" refers to you, a registered user of our Website and/or apps and/or any facilities, services or information available thereon.
1.3 For the purpose of these Terms of Service;
"Healthcare Professional" means any individual who is registered with, and regulated by, the Irish Medical Council or the Nursing and Midwifery Board of Ireland or who is registered with and regulated by an equivalent competent body in another Member State of the European Union,
2. IMPORTANT NOTICE
2.1 ALL INFORMATION PROVIDED ON OUR WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.
2.2. WE DO NOT SCREEN OR VALIDATE ANY CONTENT POSTED BY ANY HEALTHCARE PROFESSIONAL.
3. ACCEPTING THE TERMS OF SERVICE
3.1 In order to use our Website you must firstly agree to these Terms of Service. You may not use our Website if you do not accept these Terms of Service.
3.2 You can accept these Terms of Service by actually using our Website and / or apps. You understand and agree that we will treat your use of our Website as acceptance of these Terms of Service from that point onwards.
3.3 You may not use our Website and may not accept these Terms of Service if you are not a registered user. To be eligible to register as a user of our Website you must be:
3.3.1 A General Practitioner and General Practitioner in training who is registered with the Irish Medical Council, and be subject to the possible exercise of ongoing supervisory and/or regulatory control by the Irish Medical Council or by an equivalent competent body in another European Union Member State, or
3.3.2 An individual employed by a person described in paragraph 3.3.1 above for the express purpose of assisting that person in the administration of their professional duties to their clients (hereinafter referred to as an "Agent"), or
3.3.3 Any other third party or service-provider approved from time to time by us.
4. CHANGES TO THESE TERMS OF SERVICE
4.1 We reserve the right to modify or terminate any services offered through this Website and associated apps from time to time, for any reason and without notice, and without liability to you, to any of our clients or to any other third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of any part of our Website including these Terms of Service at our sole discretion from time to time.
4.2 We will endeavour to bring any material changes to these Terms of Service to your attention. If we do amend these Terms of Service, the amended terms will be effective when posted on our website. You, the user, are responsible for regularly reviewing these Terms of Service and any additional terms posted on our Website. By continuing to access or use the Website after any changes become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the new terms, please stop using the Website.
5. USE OF THE WEBSITE
5.1 Dermabuddy Technology Services Ltd requires you to register in order to access our Website. You must complete the registration process and all the information supplied must be complete and accurate. You will be asked to choose a password, and the responsibility for maintaining the privacy of this account and the password to access it is entirely yours. No compensation will be made to you for the set-up or operation of your account.
5.2 If you are registering on our Website as a medical doctor, you will be asked to provide your name, email address, IMC Number and password. By participating in the registration, you acknowledge that you are a qualified medical doctor, registered with the Irish Medical Council or equivalent in another European Union Member State, and are therefore confirm your eligibility in accordance with paragraph 3.3 above to use our Website.
5.3 You agree not to use the account or password of another user at any time or to disclose your password to any third party.
5.4 You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password or any other breach of the security of your account or to the security of our Website.
5.5 You are responsible for maintaining the confidentiality of your password and account and you are solely and fully responsible for all activities that occur under your password or account. You are prohibited from selling, trading or otherwise transferring your Dermabuddy account to another party. Dermabuddy cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
5.7 Once set up, your account will continue indefinitely, regardless of usage levels, unless terminated either by you or by us. You can terminate your account by contacting Dermabuddy in writing at email@example.com.
5.8 Dermabuddy reserves the right to suspend or terminate your account without prior notice at our discretion, in accordance with paragraph 11 hereunder, where we suspect that you have fraudulently or otherwise obtained access to our Website by breaching these Terms of Service, or any paragraph or sub- paragraph thereof.
6. SERVICES WE PROVIDE
6.1 Our Website is an online resource to enable regulated healthcare professionals in Ireland to discuss dermatological issues and patient cases with trusted colleagues in a secure manner
6.2 In accordance with its platform-based nature, our Website may from time to time offer additional e-mail services, bulletin board services, chat areas, news groups, communities, forums, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other users or other medical and/or healthcare professionals. Dermabuddy is not obligated to monitor such services, save as directed to do so by law. Where you avail of such services, you agree to abide by the rules set out in paragraph 12 hereunder.
6.3 We do not make any warranty, either express or implied, as to the veracity or accuracy of any of the information available on our Website. You expressly agree that any such use of any or all of the information that you obtain from our Website, is done at entirely your own risk and that you will not seek to be indemnified by us for any loss, howsoever caused, to you or to your employees, agents or patients, arising out of the usage made of any information that you, the user, obtain from our Website.
7. CONTENT POLICY
7.1.1 Dermabuddy acts as a passive conduit for the online publication and distribution of information and other forms of content submitted through the Website or obtained by us from public or other sources, and we have no obligation to screen content or information in advance, nor are we responsible for screening or monitoring content posted by you or any other user.
7.1.2 Information on our Website is posted in good faith and updated regularly, but we cannot guarantee its completeness and accuracy. We cannot and have not checked the accuracy of all information available on our Website.
7.1.3 You confirm that: a) consent has been granted by your patient to discuss any case involving them that you post (including images if included) with users and any material posted can be used for teaching purposes. b) you observe the usual precautions regarding patient confidentiality and anonymise any patient related information when posting a case.
7.1.4 You are solely responsible for the content and information that you publish on the Website, either via a new topic or a reply via the apps or other means by which you may opt to provide information to us. We reserve the right to edit or remove your content if we suspect it is untrue or that it may incur liability for us.
7.2. INTERACTIVE CONTENT
7.2.1 Dermabuddy cannot endorse or stand by the accuracy, truthfulness or reliability of any content posted by users on the forum. Statements made by users of Dermabuddy only reflect the views of that user, and are not representative of the views of the Dermabuddy, or any of its employees, agents or advertisers.
7.2.2 You are solely responsible for your conduct and any content that you submit, post, and/or display on Dermabuddy. You agree not to post content contrary to our Terms of Service.
7.2.3 As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
7.2.4 We have no obligation to verify the identity of any users when they are connected to the site or to monitor content provided by them.
7.2.5 You represent and warrant that: (i) you own the content posted by you or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of the content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
7.3 RULES REGARDING CONTENT POSTED AS INTERACTIVE CONTENT
7.3.1 Dermabuddy is not responsible for and does not endorse the contents of user posts. You are entirely responsible for content which you post.
7.3.2 Please be aware before you submit a comment that you will not be offered an opportunity to edit it, and we may not be able to remove it post-publication.
7.3.3 You agree to abide by the following obligations in respect of any content you submit to Dermabuddy for posting on our Website:
184.108.40.206 Do NOT make comments which are racist, sexist, homophobic, offensive on the grounds of religion, nationality or demographic group;
220.127.116.11 Do NOT make any comments which violate the criminal law;
18.104.22.168 Do NOT make any comments which promote or encourage illegal activity;
22.214.171.124 Do NOT make any comments which may prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
126.96.36.199 Do NOT make any comments using text speak and shouting (i.e. using all block capitals in your posts), otherwise your comments may be deleted.
188.8.131.52 Do NOT make any comment which falsely claims to be sponsored or endorsed by Dermabuddy;
184.108.40.206 Do NOT make any comments which are defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others, or which could be perceived as such;
220.127.116.11 Do NOT post personal information or make derogatory remarks about commenters or any other individuals. Any such content may be removed without notification;
18.104.22.168 Do NOT may any comments that stray off topic as they may be deleted
22.214.171.124 Do NOT post any confidential patient information or information or content which might be legally actionable, or disclose anonymised information from which a patient could still be identified without their explicit consent;
126.96.36.199 Do NOT use comments to promote commercial products or services. However, we welcome the use of links to relevant blogs and sites;
188.8.131.52 Do NOT make any comments which infringe the copyright, patent, trademark, trade secret, database right, right of privacy or publicity or other proprietary right of any party;
184.108.40.206 Do NOT make any comments which include any spam, unauthorised advertising or any other form of commercial publicity;
220.127.116.11 Do NOT make any comments which are irrelevant, repetitive or imposes an unreasonable or disproportionately large load the site servers, bandwidth or infrastructure;
18.104.22.168 Do NOT make any comments which contain any virus, Trojan horse, worm or similar harmful content;
7.3.4 Recognising the global nature of the Internet, you agree to comply with all applicable laws which may apply to you, including but not limited to those regarding acceptable content and online conduct;
7.3.5 You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7.4 OWNERSHIP AND USAGE OF THE INTERACTIVE CONTENT POSTED BY YOU
7.4.1 You own all of the content you post on Dermabuddy and we do not claim ownership of that content. However, we need your permission to be able to display that content and in some cases to modify it for best display – for different browsers, for our apps, and so on.
7.4.2 By posting any content on or through Dermabuddy, you grant us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such content.
7.4.3 The licence you grant to us is non-exclusive, royalty-free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the content for the purpose of providing the Dermabuddy service.
7.4.4 You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through Dermabuddy.
7.4.5 From time to time we may seek to use users' content for the purpose of advertising or marketing Dermabuddy. However we will not use your content for this purpose without your prior express written permission.
7.4.6 You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licences to same.
7.5 SUPERVISION OF THE INTERACTIVE SERVICES
7.5.1 We do not moderate comments before they are published, nor do we routinely edit comments after they have been published. Nevertheless, we reserve the right at our sole discretion to take down, edit or otherwise amend any comment(s) made or any content(s) posted that are brought to our attention, either by way of a complaint, or otherwise.
7.5.2 In order to ensure that threads and conversations are not disrupted, we do not generally remove content which is uploaded to us. Consequently, you agree that your content displayed on Dermabuddy may continue to appear on Dermabuddy, even after you have terminated your user privileges or have had your user privileges terminated by Dermabuddy.
22.214.171.124 We do understand that you may wish to remove certain types of original creative content (such as your photographs, drawings, videos, short stories, architectural plans, poetry and the like) from time to time.
126.96.36.199 If for any reason you decide that you no longer wish to have your original creative content displayed on Dermabuddy then we will delete it provided that this does not have a significant negative impact on the structure of the thread it features in. For example, we will not delete a work put up for constructive criticism as to do so would make the posts which respond meaningless.
188.8.131.52 To have original creative content deleted, please contact us with a direct link to the relevant item and your request. We will delete it within 10 working days of your request, as far as reasonably possible.
184.108.40.206 Please note that deletion of original creative content applies only to content you have uploaded to us. If you have posted a link on Dermabuddy to content hosted elsewhere (such as Flickr or YouTube) then as we are not the hosts you will have to contact that other site to have that content deleted.
7.5.3 You understand that by using Dermabuddy you may be exposed to Third Party content that is offensive, indecent or objectionable. Because community standards vary and individuals sometimes choose not to comply with our policies, in the process of using Dermabuddy, you may be exposed to content that you find offensive or objectionable. You may report such content to us for our review by using the "Report Post" link provided.
7.5.4 You agree that we are not responsible for any such Third Party content and that this is the sole responsibility of the person from which such Third Party content originated, and we have no obligation to monitor such Third Party content.
7.5.5 Notwithstanding the foregoing, we reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.
7.5.6 We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, you must not post it on Dermabuddy. We are not responsible for a user's misuse or misappropriation of any content or information you post on our Website.
7.5.7 This Content Policy and our Terms of Service, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.
7.6 TERMINATION OF ACCESS TO INTERACTIVE CONTENT
7.6.1 While we do not and cannot review every comment, we reserve the right to remove any we deem unacceptable without notification. We reserve the right to block at our discretion users who are in breach of this Content Policy or our Terms of Service.
7.6.2 We may at our absolute discretion refuse you access to our website and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges.
7.6.3 We may, but are not obliged to, remove or limit access to content from any user which breaches this Content Policy or our Terms of Service.
7.6.4 Without limiting the foregoing, the following will lead to a suspension of your privileges on Dermabuddy:
220.127.116.11 Breaches or violations of these Terms of Service or other Dermabuddy guidelines,
18.104.22.168 Requests by law enforcement and/or other government agencies,
22.214.171.124 Unexpected technical issues or problems,
126.96.36.199 Extended periods of inactivity,
7.6.5 Failure to adhere to any of this Content Policy or our Terms of Service may result in deletions of posts, suspension of posting privileges, and/or complete banning,
7.6.6 We will not enter into any discussion with users about comments which have been removed or a decision made by us to block a user.
8. AGE AND RESPONSIBILITY
8.1 Our Website may only be used by individuals who are of the requisite legal capacity to be bound by these Terms of Service. Each time you access our Website you are representing to Dermabuddy Technology Services Ltd that you are at least 18 years of age.
9. PRIVACY AND DATA PROTECTION
9.3 You may from time-to time receive information from our partners and/or carefully selected third parties. You can opt out of this informational service at any stage and still remain a registered member of our Website.
9.4 Our Website is hosted in the EU. Further information on your data privacy rights are available on the internet website of the Irish Data Protection Commissioner at http://www.dataprotection.ie
9.5 Dermabuddy holds data in accordance with the provisions of the Data Protection Acts 1988 and 2003, and will adhere to any other relevant future legislation in this area. Under this legislation, you the user can obtain a copy of all information which Dermabuddy has on its database in relation to use. Members wishing to obtain such information should contact us in writing at the following email address: firstname.lastname@example.org
9.6 Our Website contains links to other external websites. We are not responsible for the privacy practices or the content of such external websites, and we do not make any warranties in this regard, either express or implied.
9.7 Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception, or loss, or possible alteration. You understand and agree to assume the security risk for any and all information you provide using the Website, including but not limited to information relating to any financial transaction that may be conducted between you and us in the course of our business or any electronic patient referral initiated by you. Please notify us immediately of any compromise or unauthorized use of your account.
9.8 We are not responsible for any information sent over the internet and we will not be liable to you or any other party for any loss or damage, howsoever caused, or any other loss whatsoever, incurred in connection with any information sent by you to us or any information sent by us or by any third party to you, either through the medium of our website, or otherwise over the internet.
10.1 Whilst we will make reasonable attempts to inform you, provided that we deem it to be in our mutual interest to do so, we may at any time, without notice to you, suspend or terminate your access to our Website, or any service forming part of our Website, wholly or partially, for any reason including, but without limitation, where you have provided false or misleading information to us, or you are in breach of our Terms of Service, or if we cannot verify or authenticate any information submitted by you, or purported to have been submitted by you or on your behalf, to our Website.
10.2 We shall not be liable to you or any third party for any suspension or termination of access to our Website, which includes any resulting damage that may allegedly arise to you, your employees or your agents, howsoever caused.
11. USE OF OUR WEBSITE
11.1 You agree not to use our Website or any of the facilities and/or services provided by us for any purpose that is fraudulent, unlawful or prohibited by these Terms of Service, or otherwise in accordance with law. In particular, you agree NOT to use Dermabuddy to:
11.1.1 post illegal content;
11.1.2 defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
11.1.3 identify or speculate as to the identity of any anonymous or pseudonymous user;
11.1.4 solicit personal information from anyone under 18;
11.1.5 solicit passwords or personally identifying information for commercial or unlawful purposes;
11.1.6 collect or store other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users;
11.1.7 attempt to gain unauthorised access to the Dermabuddy administrative areas or interface, to user accounts, computer systems or networks connected to the Dermabuddy site, through password mining or any other means;
11.1.8 post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Dermabuddy servers or infrastructure;
11.1.9 post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity;
11.2.1 post any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable content;
11.2.2 post content that contains violence, or offensive subject matter or contains a link to an adult website;
11.2.3 post content that promotes or encourages illegal activity;
11.2.4 post content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party;
11.2.5 post content that falsely expresses or implies that such content is sponsored or endorsed by Us;
11.2.6 post content that contains software viruses or harmful programmes including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11.2.7 modify, adapt, translate, or reverse engineer any portion of Dermabuddy, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Dermabuddy, except as expressly authorised in writing by Dermabuddy;
11.2.8 reformat or frame any portion of the web pages that are part of Dermabuddy.
11.3 The information contained on our Website may contain technical inaccuracies and typographical errors. We will endeavour to remedy such errors where they are brought to our attention, but to maximum extent permitted by law, we shall not accept any responsibility or any liability for our failure to do so.
11.4 The information on our Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for our failure to do so.
11.5 We reserve the right, at our sole discretion, to pursue all of our legal remedies upon breach by you of these Terms of Service, including but not limited to removal of your postings and content from our Website, and restricting or otherwise suspending your ability to access to our Website and to use any or all of its constituent services.
12. COPYRIGHT NOTICE AND LIMITED LICENCE
12.1 The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) contained on our Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. Dermabuddy Technology Services Ltd and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the contents. All proprietary content on our website is the copyright of Dermabuddy Technology Services Ltd or third parties.
12.2 Any other use of the information on our Website, including any form of copying or reproduction, modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other content or works or re-delivery using framing technology, without our prior permission is strictly prohibited and is a violation of the proprietary rights of Dermabuddy Technology Services Ltd. Other than as expressly provided herein, nothing in these Terms of Service should be construed as conferring, by implication or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Dermabuddy Technology Services Ltd, its licensors or any third party.
12.3 You agree to grant Dermabuddy Technology Services Ltda non-exclusive, royalty free, world-wide, transferable perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, or publicly display any or all content or information (including without limitation, any or all ideas contained therein for new or improved services) when you submit information or any other content to our Website either during the registration process or to us, by whatever means, thereafter.
14.1 THE WEBSITE IS AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY LAW, THE WEBSITE IS MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2 DERMABUDDY TECHNOLOGY SERVICES LTD MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICES OR INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
14.3 ALL INFORMATION PROVIDED ON OUR WEBSITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND NEITHER DERMABUDDY TECHNOLOGY SERVICES LTD, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON OUR WEBSITE.
14.4 DERMABUDDY TECHNOLOGY SERVICES LTD MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT OUR WEBSITE, OR THE SERVER(S) UPON WHICH IT IS HOSTED, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DERMABUDDY TECHNOLOGY SERVICES LTD ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF DERMABUDDY TECHNOLOGY SERVICES LTD, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF OUR WEBSITE.
14.5 ALL USE BY YOU OF OUR WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR USING OF, OR REFERRING TO, OR RELYING ON, THE FACILITIES, SERVICE(S) OR INFORMATION PROVIDED ON OUR WEBSITE, OR ANY OTHER INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF OUR WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DERMABUDDY TECHNOLOGY SERVICES LTD AND ALL CONNECTED PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES AND INFRASTRUCTURE TO DERMABUDDY TECHNOLOGY SERVICES LTD WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
14.6 NO ORAL ADVICE OR WRITTEN INFORMATION, GIVEN BY DERMABUDDY TECHNOLOGY SERVICES LTD, ITS OFFICERS, AGENTS, DIRECTORS, EMPLOYEES OR AGENTS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
14.7 DERMABUDDY TECHNOLOGY SERVICES LTD CANNOT GUARANTEE, AND DOES NOT PROMISE, ANY SPECIFIC RESULTS FROM THE USE BY YOU OF OUR WEBSITE.
14.8 PART OF OUR WEBSITE MAY CONTAIN THIRD-PARTY ADVERTISING. ADVERTISERS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON OUR WEBSITE COMPLIES WITH ALL RELEVANT IRISH, EUROPEAN AND INTERNATIONAL LAWS AND ALL RELEVANT IRISH, EUROPEAN AND INTERNATIONAL INDUSTRY CODES OF PRACTICE AND INDUSTRY OR VOLUNTARY CODES OF CONDUCT, WHERE APPROPRIATE. DERMABUDDY TECHNOLOGY SERVICES LTD TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE HOSTED ON OUR WEBSITE OR MADE AVAILABLE TO YOU THROUGH ANY GPBUDDY-RELATED SERVICE, NOR DO WE TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES OFFERED BY SUCH THIRD PARTY ADVERTISERS. DERMABUDDY TECHNOLOGY SERVICES LTD WILL NOT BE RESPONSIBLE FOR ANY ERROR OR INACCURACY IN ADVERTISING MATERIALS, NOR WILL IT BE LIABLE FOR ANY BREACH OF IRISH, EUROPEAN OR OTHER INTERNATIONAL LAWS, NOR ANY IRISH, EUROPEAN OR OTHER INTERNATIONAL INDUSTRY CODES OF PRACTICE OR VOLUNTARY CODE OF CONDUCT BY THIRD PARTY ADVERTISERS IN RELATION TO THE CONTENT OF ANY OF THEIR ADVERTISEMENTS WHICH MAY FROM TIME TO TIME APPEAR ON OUR WEBSITE.
15. LIMITATION OF LIABILITY
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DERMABUDDY TECHNOLOGY SERVICES LTD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF ANY FACILITIES OR SERVICES WHICH WE OFFER ON OUR, OR ANY TRANSACTIONS ENTERED INTO, THROUGH OR FROM OUT WEBSITE, INCLUDING FOR THE AVOIDANCE OF DOUBT, YOUR TRANSACTIONS WITH ANY USER FACILITATED THROUGH OUR WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF, OR DAMAGE TO, PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF DERMABUDDY TECHNOLOGY SERVICES LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
15.2 IN NO EVENT SHALL DERMABUDDY TECHNOLOGY SERVICES LTD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY PHARMACIST OR THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
15.3 WITHOUT LIMITATION TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL DERMABUDDY TECHNOLOGY SERVICES LTD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF OUR WEBSITE OR THE FACILITIES OR SERVICES THAT WE OFFER ON OUR WEBSITE, RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LAY-WAY DISPUTES, RIOTS, INTERACTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOATS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR THE NON-PERFORMANCE OF A THIRD PARTY.
15.4 DERMABUDDY TECHNOLOGY SERVICES LTD DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AUTHORISED REPRESENTATIVES OR FOR FRAUD.
16.1 You agree to defend, indemnify and keep indemnified and hold Dermabuddy Technology Services Ltd and (as applicable) its officers, directors, employees, agents or other representatives, harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by, or liabilities to, any third party, resulting from any activities conducted under your account and/or your email/username and/or password, resulting in the use or misuse of our Website, including but not limited to posting content on our Website, entering into transactions with users, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Service.
17. LINKS TO THIRD PARTY WEBSITES
17.1 Our Website contains links to third party websites. Your use of third party websites is subject to the independent terms and conditions of use contained within each of those websites. Access to any other external websites through our Website is at your own risk.
17.2 Dermabuddy is not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites, or the security of any link or communication with those websites. Dermabuddy reserves the right to terminate a link to a third party website at any time.
17.3 The fact that Dermabuddy provides a link to a third party website does not mean that Dermabuddy endorses, authorises or sponsors that website, nor does it mean that Dermabuddy is affiliated with any third party websites, owners or sponsors. Dermabuddy provides these links merely as a convenience for those who use our Website.
18.1 Although Dermabuddy endeavours to ensure that our Website is available at all times, there may be occasions when access to our Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to the failure of telecommunications links and equipment that are beyond our control. You agree that Dermabuddy shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of our Website.
18.2 You accept that you have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
19 JURISDICTION AND GOVERNING LAW
19.1 This Website is controlled and operated by Dermabuddy Technology Services Ltd and its service provider(s) from Ireland. Dermabuddy does not make any representation that the facilities, services and information contained thereon, including but not limited to the availability of advertising material relating to third party products or services, offered through our Website is appropriate or suitable for use in any country other than Ireland, or that such information complies with any legal or regulatory requirements in any jurisdiction other than Ireland.. In accessing our Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent that any local laws are applicable.
19.2 If it is prohibited to make our Website, facilities, services or information offered through our Website, including but not limited to the availability of advertising material relating to third party products and or services, or any part of them available to your in your country of access, (whether by reason of nationality, residence, law or otherwise), this Website, the facilities, services and/or information and/or advertising material relating to third party products and or services offered through our Website, or any part of them, are hereby regarded at not directed at you.
19.3 These Terms of Service shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Dermabuddy Technology Services Ltd, and without prejudice to the right of Dermabuddy Technology Services Ltd to take proceedings in relation to these Terms of Service before any court of competent jurisdiction, that the courts of the Republic of Ireland shall have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of, or in connection with, these Terms of Service. You also hereby agree that for such purposes you irrevocably submit to the jurisdiction of the courts of the Republic of Ireland.
19.4 The language of any dispute resolution procedure or any proceedings under these Terms of Service will be English.
20.1 Any waiver of any provision of these Terms of Service must be in writing and signed by an authorised officer of Dermabuddy Technology Services Ltd to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.
20.2 Each of the provisions of these Terms of Service is separate and severable and enforceable accordingly, and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
20.3 Nothing in these Terms of Service shall constitute, or be deemed to constitute, a partnership between you and Dermabuddy Technology Services Ltd or its agents, nor shall either party be deemed to be the agent of the other party.
20.4 These Terms of Service represent the entire understanding and agreement between you and Dermabuddy Technology Services Ltd relating to your use of our Website, its facilities services and information available thereon and supersede any and all prior statements, understandings and agreements.
21. CONTACTING US
21.1 If you have any questions about these Terms of Service, please feel free to contact us through our email@example.com email address or write to us at:
Dermabuddy, Unit 101, 4, Burton Hall Park, Burton Hall Road, Sandyford, Dublin 18.