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Terms and Conditions

TERMS OF USE

This website is operated by Medikidz USA, Inc., which uses the d/b/a name Jumo (“Jumo”). Our principal address at 205 Lexington Avenue, 16th Floor, New York, New York 10016.

These Terms of Use govern your access to and use of this website and the services and products offered through this website (the “Site”), including our applications offered at the Site (“Applications”). These Terms of Use form a legally binding contract between you and us. If you do not want to be bound by these Terms of Use then you should not use the Site, Applications, or services.

The way in which we use personal data relating to you is explained in our Privacy and Cookies Policy, which forms part of these Terms of Use.

We may change these Terms of Use (including our Privacy and Cookies Policy) from time to time. If we do so, we will update the terms on the Site. Your use of the Site will be taken as your acceptance of the latest version of these Terms of Use.

These terms were last updated on December 7, 2017.

WHAT YOU ARE ALLOWED TO DO

You may only use the Site and Applications for your personal, non-commercial use in accordance with these Terms of Use. You may display content from the Site and print and copy individual pages for your personal use. You may only submit content to the community areas of the Site in accordance with these Terms of Use. Additional terms may also apply to certain features, parts or content of the Site. Where they apply, the additional terms will be available at the relevant part of the Site and you may only use the relevant feature, part or content in accordance with those terms.

WHAT YOU ARE NOT ALLOWED TO DO

You may only use the Site and Applications for lawful purposes. You are not allowed to:

• submit any content to the Site in breach of these Terms of Use;
• copy any part of the Site (except as permitted above, and to the extent that copying occurs automatically in the normal course of your accessing the Site using a browser);
• store pages of the Site on a server or other storage device connected to a network, or create an electronic database by systematically downloading and storing pages of the Site;
• modify, translate or otherwise create derivative works from any part of the Site;
• interfere with, or disrupt, the provision of the Site or its use by anyone else, or remove or change any content of the Site;
• upload to the Site and/or use the Site to store or transmit any malicious code or harmful programs designed to adversely affect the operation of any computer software, hardware or network;
• attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site; or
• use the Site in a way that might damage our name or reputation or that of any of our affiliates. You may only link to our Site if the link is not misleading or deceptive; if you do not imply that we endorse or are affiliated with you, your website or any service or products you provide; you link to (and do not frame or replicate) the home page of the Site; and the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, offensive or which infringes the intellectual property rights or other rights of any third party. We reserve the right to withdraw any linking permission in our discretion. If you wish to use any material on the Site in any way or for any purpose that is not authorized in these Terms of Use, please contact us at contact@jumohealth.com. All rights granted to you under these Terms of Use will terminate immediately if you are in breach of any of them.

DELETION OF YOUR ACCOUNT

If you do not comply with these Terms of Use, we may delete your account (together with any or all of your content) and prevent you from re-registering. We will usually try to warn you before we do this, but we do not have to do so and in circumstances that we regard as appropriate we may delete your account without any warning at all.

COMMUNITY AREAS

We may provide chat rooms, message boards and other community areas on this Site from time to time (a “Community Area”). Please use these Community Areas responsibly and with respect to others (including us, and other users). You may only use the Community Areas in accordance with the terms below.

You are legally responsible for what you submit to any Community Area. Please consider how your comments could be received by others. Many different types of people of different ages (including children) may view your comments. Please be polite. Do not use swear words or crude or sexual language. Only English is allowed as the language for your postings. Keep your submissions relevant. Do not insult other contributions or discuss the non-appearance or removal of any content. Please respect people’s privacy.

COMMUNITY AREAS: WHAT YOU ARE NOT ALLOWED TO DO

You must not submit any posts or material that:

• is libelous, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing or racist;
• is a breach of confidentiality or someone’s privacy (for example, you must not submit the name, telephone number, email address or other contact details of any person);
• is indecent, obscene or of a sexual nature;
• is likely to:

• cause a person alarm or distress;
• encourage violence or racial or religious hatred;
• infringe any intellectual property rights, such as copyright and trademarks. This means generally that you must own the rights in everything you submit (e.g. photos and comments) or must obtain permission from the rights owner to submit the material;

• advertises any product or services or is for any other commercial purpose;
• impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
• could prejudice any active legal proceedings of which you are aware;
• is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct);
• is in breach of these Terms of Use and/or the Privacy and Cookies Policy;
• is, encourages or teaches conduct that is a criminal offense, gives rise to civil liability, or is otherwise unlawful.

You must not include links to any websites or webpages.

You must not try to circumvent (i.e., get around) any protections we put in place for the security and operation of the Site.

You must not re-submit postings or other content which you are aware has been removed. If you see something which you reasonably believe breaches these terms, please contact us. Please do not report a post just because you disagree with what it says.

RIGHTS TO YOUR CONTENT

In relation to any content that you submit on this Site:

• subject to the terms set out below, any intellectual property rights that you own in the content you submit will be retained by you;
• you grant us a worldwide, royalty-free and non-exclusive license to copy, adapt and publish the content you submit: (i) via the Site; (ii) if the Site is linked to any other website or application, via that other website or application; (iii) in other versions of the Site that we operate, either on our own behalf or on behalf of third parties. This license will continue to apply while you continue to include the relevant content on the Site and will come to an end when you delete that content from the Site;
• you waive any moral rights you may have in, or to be identified as the author, of content you submit;
• you are publishing such content and you acknowledge that you may be identified publicly by your user ID in association with such content;
• you are responsible for ensuring that you own the intellectual property rights in content you submit or you otherwise have the right to submit the content and grant the licenses set out above in relation to that content.

If you do not want content submitted by you to be subject to these license terms, then you should not submit it.

USER GENERATED CONTENT

We do not (and have no obligation to) monitor the use of the Site or any content uploaded to it by users, and do not pre-screen content uploaded by users, but we reserve the right, in our sole discretion, to delete, edit or modify any content submitted by you or any other user, at any time and without notice to you.

Complaints about any content should be sent to us via our Site and should contain details of the specific content giving rise to the complaint.

AVAILABILITY AND STANDARDS

We will use reasonable efforts to ensure that the Site is available for use for as much of the time as possible, but we cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis), for example due to maintenance or upgrades.

We may withdraw or suspend the operation of the Site or services, or cease to provide and/or update content to the Site, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons. We will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

We may impose limits on certain features of the Site or restrict your access to parts or all of it without notice or liability.

FUNCTIONALITY AND CONTENT

We may change the design, features and/or functionality of the Site from time to time. The content of the Site may be updated at any time.

While we try to make sure that content made available on the Site consisting of information of which we are the source is correct, the Site may make content available which is derived from a number of sources (including users), for which we are not responsible. In all cases, information made available by the Site is not intended to amount to authority or advice on which reliance should be placed.

USE OF YOUR ID

In order to use our service via the Site, you may be asked to register for and open an account with us. In doing so, you must ensure that all of the details that you give us are accurate and complete, and are kept up-to-date.

Once you have registered and have a login ID (e.g., email and password, username and password or other identifier(s)), please treat your login ID as confidential and do not reveal them to anyone else. You must notify us immediately if you become aware or if you have any reason to believe that there is the risk of any unauthorized use of your account.

Unless you have notified us that something has happened to cause unauthorized use of your account, then any activities that occur under your ID will be treated as if they were carried out by you. We reserve the right to disable any login ID, at any time, if in our opinion:

• you have not complied with any of these Terms of Use;
• any details you provide for the purposes of registering as a user are or may be false; or
• there is any other risk to the security or integrity of our website or the services.

EXTERNAL LINKS

Our Site may include links to other websites. We may include these to provide you with access to information and services that you might find useful or interesting. We have no control over and are not responsible for the content of these other websites or for anything provided by them, and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in any content on the Site or any Application (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors.

We give you a non-exclusive license to use and access the Site and its content solely for your own personal use as permitted by these Terms of Use.

If you print off or copy pages from the Site where permitted by these Terms of Use, you must not remove any copyright, trademark or other intellectual property right notice(s) from the content. Except to the extent expressly set out in these Terms of Use, you are not being given any rights in respect of any intellectual property rights owned by us or our licensors. You do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Site or otherwise.

OUR LIABILITY TO YOU

The Site and Applications contain information on featured topics, including, clinical, physical and mental health and wellbeing. These communications and resources are for general educational and informational purposes only and should not be relied upon as a substitute for a doctor’s professional medical judgment or advice or construed, directly or indirectly, as the provision of medical advice or services by us or our affiliates.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Disclaimer of Warranties

USE OF THE SITE AND APPLICATIONS IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH OR BY US VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF THE SITE, WITH OR WITHOUT NOTICE TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, THE SITE OR THE APPLICATIONS WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE APPLICATIONS OR ON ANY WEBSITES LINKED TO THESE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SITE, THE APPLICATIONS AND INFORMATION RETRIEVED FROM THEM. WE ASSUME NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE INFORMATION, SERVICES, OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SITE OR THE APPLICATIONS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SITE AND THE APPLICATIONS IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY: (I) LOSSES WHICH ARISE AS A RESULT OF YOUR UNAUTHORIZED USE OF THE WEBSITE (INCLUDING ANY BREACH BY YOU OF THESE TERMS OF USE); OR (II) LOSSES THAT WERE NOT CAUSED BY OUR BREACH OF THESE TERMS OF USE. TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.

IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE.

Indemnification

You agree to indemnify, defend (subject to our right, in our sole discretion, to assume exclusive defense and control), and hold harmless us, our partners, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorneys’ fees), related to or arising from (i) any breach of this Agreement, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us, or (iii) your access or use of the Site, the Applications or their content.

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

PERSONAL INFORMATION

Use of your personal information by us (including any information that you give us on registration and any information derived from your use of the Site or our services) will be in accordance with our Privacy and Cookies Policy. Please take the time to read this and make sure that you are happy with it before you upload any information or start to use the Site.

GENERAL

These Terms of Use and your access and use of the Site and the Applications will be governed by the laws of the State of New York, USA. Any dispute regarding the website or these Terms of Use will be dealt with by the state and federal courts located in the State of New York, Country of New York. If any part of these terms is found to be unenforceable, all the other parts shall remain unaffected.

All notices given by you to us must be given in writing to the address set out at the end of these terms. If we do not enforce any of our rights, it does not mean that the rights concerned have been waived. Access to the Site or to any content from territories where use of the Site (or any part of it) is illegal or unlawful is expressly prohibited. If you choose to access the Site from outside the United States, you do so of your own accord and are responsible for compliance with local laws.

Agreement to Arbitrate

This Agreement provides that all disputes between you and us will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

Waiver of Jury Trial and Class Actions

BY ENTERING INTO THIS AGREEMENT, YOU AND WE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WE AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

CONTACTING US

Please submit any questions you have about these Terms of Use or any problems concerning the Site or its use to us by emailing us at support@jumohealth.com or write to:

Jumo Health 
Attention: Customer Care 
205 Lexington Avenue, 16th Floor 
New York, New York 10016