This website is operated by Medikidz USA, Inc., which uses the d/b/a name Jumo Health (“Jumo”). Our principal address at 110 East 42nd Street, Suite 810, New York, New York 10017.
These terms were last updated on December 7, 2017.
What You Are Allowed To Do
What You Are Not Allowed To Do
You may only use the Site and Applications for lawful purposes. You are not allowed to:
- 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
Deletion of Your Account
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, 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:
- 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.
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.
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
IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE.
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.
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.
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.
Attention: Customer Care
110 East 42nd Street, Suite 810
New York, New York 10017
Jumo Health is a d/b/a name of Medikidz USA, Inc. (“Jumo Health”). Jumo Health is committed to safeguarding your privacy online. Here, we explain how personal information you give on www.jumohealth.com, any affiliated website (the “Site”) or on any of our mobile applications that we may make available from time to time (“Applications”) is collected, how your personal information will be used by us, and what controls you have.
Please review this policy carefully. By using the Site or an Application you consent to the collection and use of the information you provide to us in accordance with the contents of this policy.
Changes to this Policy
Jumo Health may update this policy to reflect changes to our practices with personal information or changes in applicable law. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address if you have provided this to us in your account on the Site or in our Applications, and by placing a prominent notice on our Site. Where we believe, appropriate or required by applicable law, we will ask for your consent to certain changes to this policy.
What personal information does Jumo Health collect?
“Personal information” is information that enables us to identify you, such as your email address and name.
Information You Provide to Us
We may collect and process the following personal information about you which you provide to us:
- information such as your name, email, postal address, telephone number and date of birth;
- in connection with our account onboarding process, your password details;
- optional information you choose to provide us to further personalize your account such as medical conditions, medications, medical history, insurance provider, and interest in clinical trials;
- details of any purchases or requests made by you through the Site or any Application;
- communications you send to us, for example to report a problem or submit a query;
- information from surveys, offers and promotions that we may, from time to time run on the Site or any Application, if you choose to respond or take part in them; and
- information or images that you post or volunteer in the form of comments, blogs or contributions to discussions.
You do not have to give any give personal information to us; however we may not be able to provide you with certain services if you do choose to withhold information we need to be able to provide those services.
Information We Automatically Collect; Cookies
When you visit the Site or access or use any Application, we may also automatically collect additional information about your computer or mobile device such as the type of internet browser or device you use, any website from which you have come to the Site or Application and your IP address (the number which identifies your computer or device on the internet) and the operating system for your computer or device, which are automatically recognized by the Site. We use this information to help us provide an effective service on the Site or Application and to help us understand the different types of visitors to our Site or Application.
Cookies are pieces of information that include a unique reference code that a website transfers to your computer or mobile device to store and sometimes track information about you. A number of cookies we use will last only for the duration of your session on our Site or Application and expire when you end your session and close your browser. Other cookies are used to remember you when you return to the Site or Application and last for longer.
Necessary session management
- We use a cookie for the duration of your session on our Site to manage your login session so you can move easily from one page to another within the Site and so that your page requests are loaded in smooth and secure manner; and
- To remember any products you select in our online store so that these can then be presented to you in your shopping cart and we can link your purchase to you.
- We use a cookie to remember that you have used the Site before; this means we can identify the number of unique visitors we receive to different parts of the Site.
- If you are not registered with the Site and select a product to your shopping cart but do not complete the purchase, we use a cookie to remember your selection for 30 days and show this selection in the shopping cart when you revisit the site; and
Below we list the different categories of cookies we may use on the Site.
- Strictly Necessary Cookies. These cookies are essential to the Site in order to facilitate our log-in process and enable you to move around it and to use its features.
- Functionality Cookies. Functionality cookies allow us to remember the choices you make while browsing the Site and to provide personalized content.
- Security Cookies. Security cookies help us to enable security features to protect users and site integrity.
- Analytics Cookies. Analytics cookies enable us to understand and improve the way the Site and associated plugins perform.
In addition to cookies, we may use similar technology known as web beacons in connection with your use of the Site. These are small image files that may be placed by us on the Site or within the body of our newsletters so we can read a cookie we use and understand which parts of the Site are visited or whether particular content is of interest.
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers. Please note however, that by blocking or deleting cookies used on the Site you may not be able to take full advantage of the Site.
How Does Jumo Health Use My Information?
We use the information we collect about you to help us understand more about how our Site and Applications are used, to operate our services and to send you communications about the Jumo Health service, but only where you ask to receive news from Jumo Health.
In particular we use the personal information you provide so that we can:
- identify you when you sign-in to your account;
- verify, process and deliver your personalized content or orders;
- provide you with information offered and which you request;
- analyze the Site and Applications to learn how many visitors we receive and what parts are visited in order to research how to improve our content and the services we offer;
- enable you to share our content with others;
- send you periodic news or relevant information based on your account settings; and
- respond to inquiries or requests you may make, including requests concerning any of your personal data we may have collected.
You can control receipt of news and other information from Jumo Health by turning on tor off he toggle switch found in your account settings at any time.
Future enhancements to our Site and Applications will mean that we will also use your information to handle or reply to you about any comment you submit on blogs, discussion forums, active clinical trials and other services we provide.
With whom does Jumo Health share my information?
From time to time we may use agents or contractors to help us in providing the services we offer through the Site or Applications such as in hosting the Site or processing transactions and fulfilling requests. Our agents and contractors will only use your information on our behalf, and only receive the minimum amount of information necessary to perform their functions for us.
We may disclose your information if we are legally entitled or required to do so, for example where required by law or by a court order or if we believe that this action is necessary to prevent fraud or cybercrime or to protect the Site or Application or the rights, property or personal safety of any person. Personally-identifying details you provide on the Site will not be used to send unsolicited email or other commercial solicitations, nor will they be sold or passed to others for this purpose, without your permission.
In the event that we undergo reorganization or are sold or merged with another entity, you agree that your information may be transferred to that reorganized entity, purchaser or successor entity.
Online Tracking/Do Not Track
What are my choices regarding collection, use and distribution of my information?
If you provided your email or mobile number to us by using our Site and Applications, , we will send you regular information about Jumo Health. You may opt out of this at any time by turning off this feature in the settings page of your Site account, or by following the unsubscribe instructions in each email or SMS.
We will not use your personally identifiable information for any purpose other than delivering the Site or Applications and to send you information related to the Site and the Applications to you as described in Section 2 of this Policy, except where previously agreed with you and if you have not unsubscribed from receiving such information from us.
Protecting the safety of children when they use the internet is very important to us. This Site is not directed to children under the age of 13. If you are under 13 you are required to have an adult enable access for you or you should not use this Site. If you are under 13, can request access by submitting a parent or legal guardian’s email address and we will deliver the request to that email address. Once your parent or legal guardian registers using our process, they can add you to their parental account on the Site or the Applications. If we learn that children under 13 have accessed this site and provided us any personal information, we will promptly destroy such information and, where applicable, close the relevant accounts with the Site or the Applications.
What security precautions are in place to protect the loss, misuse or alteration of my information?
Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Jumo Health cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Information submitted to Jumo Health over this Site is unprotected until it reaches us. Once we receive your transmission, we use industry standard efforts designed to ensure it is safeguarded on our systems. We have security measures in place to attempt to protect against loss, misuse and alteration of personal information under our control. We obligate our service providers who have access to personal information to maintain similar measures. While we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use reasonable efforts to prevent it.
Data Storage and Transfers
Information you submit via the Site or an Application is sent to and stored on secure servers in the United States.
Notice to Site Visitors Located in the EEA and Switzerland
Your Consent to the Transfer of Personal Data to the United States:
If you reside in the EEA or other jurisdictions which may require an individual’s express consent prior to transfer of personal information to the United States, by using this Site or the Applications you hereby give such express consent to the transfer of your personal information to our servers in the United States for uses in accordance with this Policy. If you do not wish to have your personal data transferred to the United States, please do not use the Site or the Applications.
Data Control Options for EU Residents
Under the EU General Data Protection Regulation 2016/679 (“GDPR”), effective as of May 25, 2018, European Union (“EU”) data subjects are entitled to certain specific rights with respect to processing of their personal data by entities that are subject to GDPR. Jumo does not direct or target the Site or its Applications to users in the EU and accordingly has concluded that its current business activities are not subject to GDPR. However, as a courtesy to EU visitors to our Site visitors and EU users of our Applications, we will use reasonable efforts to try to honor the requests of verified EU users regarding the exercise of their rights to access and control their personal information collected or maintained on the Site or through the Applications.
If you are an EU resident using the Site or the Applications in the EEA, you can: (i) access personal information we have about you; (ii) have your personal information corrected or deleted (in most cases you can correct personal information you have submitted to us by going back to your account page, logging-in and making the desired change); (iii) in certain circumstances, you can object to our processing of your personal information and we will discontinue such processing unless we have compelling legitimate grounds to continue; or (iv) withdraw consent previously provided (however your withdrawal does not affect the lawfulness of processing of your personal data that occurred prior to the date of withdrawal). If you wish to inquire as to whether we maintain any of your personal information and if so, whether you wish to exercise any of those rights that are available to you with respect to such personal information, you may contact us as described in the Contact Us section below. We will respond to your request within a reasonable timeframe.
As will all non-EU users of the Site or the Applications, you can opt-out through the unsubscribe link in the email communications we send to you or by changing your subscription preferences in your account settings.
We (and any third party service providers with whom we share your data) will retain your personal information for as long as necessary to provide the Site and the Applications to you. When we no longer need to use your personal information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or render it non-identifying through one or more available methods. If you have created an account with us and you no longer want us to use the registration information you provided to us, you may close your account at any time.
Your Records and Contacting Jumo Health
The accuracy of your individual identifying information is important to Jumo Health. If you change your email address or if information we hold is inaccurate or out of date, please update your profile in the settings page of your account on the Site.
As mentioned above, you have a right to change your mind about continuing to receive Jumo Health communications where you previously asked to receive these communications from us. Please send any questions, requests comments or concerns to email@example.com or write to:
Attention: Customer Care
110 East 42nd Street, Suite 810
New York, New York 10017
Last Updated: September 17, 2018