Terms and Conditions (Mobile App)

1.Applicability of Terms and Conditions

1.1. These terms and conditions of ProMedLink apply to the agreement between You (as a Subscriber) and ProMedLink for the use of ProMedLink App & Website, www.ProMedLink.com (the “Website“) and the provision of related services by ProMedLink to You (the “Agreement“).

1.2. These terms and conditions of ProMedLink (the “Terms and Conditions“) form an integral part of the Agreement. Please read them carefully before finalizing your registration to the App/Website.

 

2.Information ProMedLink

ProMedLink, is a Canadian company incorporated under the laws of British Columbia, CANADA.

 

3.ProMedLink Services

3.1. Upon subscription and subject to the provisions of the Agreement, ProMedLink shall make the App/Website available 24/7.

3.2. Please try to add all the required information to get the best outcome of this App/Website.

3.3. ProMedLink App/Website enables You to search and get in touch with medical industry business partners from all over the world.

3.4. ProMedLink does not undertake, warrant or guarantee that the App/Website and/or the services provided by other members fulfill your needs or fulfill their obligations towards You. ProMedLink disclaim and waive any liability in this respect.

3.5. ProMedLink does not claim, warrant or guarantee that the App/Website, or any content on it, shall always be available, accurate, complete or uninterrupted. ProMedLink will not be liable to You if for any reason the App/Website is unavailable, incomplete or not up-to-date at any time or for any period.

3.6. In no event shall ProMedLink be a party to an agreement between You and another member of the Website for the supply, transportation or any other activity within the medical supply chain.

 

4.Types of memberships

ProMedLink offers two (2) types of memberships;

4.1. Full Membership: members have full access to the App/Website and to all contents, information and data available.

4.2. Free Membership: members can create their profiles, add all their companies information and products and be found with full details by other Full members for one full month from the date of Subscription. Members have no access to the contents, information or data of other companies.

 

5.Subscription fee

5.1. Full Membership: (36US$/month) charged annually

5.2. Free Membership: Free

 

6.User identification code and password

6.1. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of our security procedures, You must treat such information as confidential and shall not disclose it to any third party.

6.2. You are responsible for safeguarding the user identification code and password that You use to access the App/Website and for any activities or actions under your user identification code and/or password. ProMedLink encourages You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ProMedLink cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

6.3. If You know or suspect that anyone other than You knows your user identification code or password, You must promptly notify us at info@ProMedLink.com and change your password immediately.

6.4. ProMedLink has the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Agreement.

7.Your obligations

7.1. You must provide and include true, accurate, up-to-date and reliable information, including but not limited to information on the business You operate and its activities on your profile on the App/Website.

7.2. You are responsible for configuring your information technology, computer programs and platform in order to access the App/Website. You should use your own virus protection software.

7.3. You must not misuse the App/Website by knowingly introducing viruses, trojan horses, worms, logic bombs or other material which is or can be malicious or technologically harmful.

7.4. You must not attempt to gain unauthorized access to the App/Website, the server on which the Website is stored or other any server, computer or database connected to the App/Website.

7.5. Whenever You make use of a feature that allows You to upload content to the App/Website, or to make contact with other users of the App/Website, you shall not store, distribute or transmit any material that is or may be unlawful, harmful, threatening, obscene, infringing, harassing or racially or ethnically offensive or any other illegal activities.

7.6. Any content You upload to the App/Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but You hereby grant us a license to use, store and copy that content and to distribute and make it available to other members.

7.7. You warrant that any contribution as set out in clauses 7.5 and 7.6 does comply with aforementioned standards and license respectively. You will be liable to us and indemnify us for any breach, and any loss or damage ProMedLink suffers as a result of your breach of this warranty.

8.Our rights

8.1. ProMedLink have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by You to the App/Website constitutes a violation of their intellectual property rights, or of their right to privacy.

8.2. Notwithstanding our other rights and remedies, ProMedLink reserves the right to suspend or temporarily discontinue your account or access to the Website in case You act in breach of the Agreement, including but not limited to your obligations under clause 1.2, clause 7 and clause 10.2. ProMedLink will not be liable to You if for that reason the App/Website is unavailable at any time or for any period.

 

9.Duration and termination

9.1. The Agreement enters into force on the date of subscription by the Member and shall continue for:

9.1.1. twelve (12) months in case of a full membership, after which the Agreement shall end by operation of law. Notwithstanding the before, You may renew the Agreement, for a term of twelve (12) months, in accordance with the corresponding instructions in your account.

9.2. ProMedLink has the right to terminate the Agreement forthwith in whole or in part:

9.2.1. If any action or proceedings under any bankruptcy or insolvency law are taken by or against the Member, or if any event analogous to any of the foregoing under the law of any jurisdiction has occurred in respect of the Member.

9.2.2. If the Member commits a breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of five (5) days after being notified in writing (which includes electronic communications such as communication via e-mail, the App/Website and the internet).

9.3. On expiry or termination of this Agreement, for whatever reason:

9.3.1. The Member’s right to use the App/Website shall automatically and immediately cease;

9.3.2. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.

9.4. Termination or expiry of this Agreement, for whatever reason, shall:

9.4.1. Not affect any rights and/or remedies of ProMedLink that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and

9.4.2. Not give the Member any right or entitlement to a refund if the Subscription Fee in whole or in part.

 

10.Intellectual property rights

10.1. ProMedLink is the owner or the licensee of all intellectual property rights in the App/Website, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2. You acknowledge that all intellectual property rights in the App/Website belong to ProMedLink and You shall have no rights in or to the App/Website other than the right to use it in accordance with the Agreement.

11.Limitation of liability

11.1. ProMedLink’s total liability towards You for breach of contract, tort or otherwise shall only be for direct damages and shall not exceed the Subscription Fee paid by You in the year in which such liability arose.

11.2. ProMedLink’s liability for indirect damages, consequential damages, loss of profits, lost savings, lost goodwill, loss caused by interruption of operations, claims of Member’s contracting parties and/or loss of data, is expressly excluded.

11.3. Member shall indemnify ProMedLink from any and all third party’s claims (including claims from other members of ProMedLink) arising out of or in connection with:

11.3.1. the Member’s breach of the Agreement;

11.3.2. an (alleged) infringement of a third party’s intellectual property right by content uploaded on the App/Website by the Member; and

11.3.3. a claim that the Member has not performed its obligations towards another member with whom contact was made through the Website.

 

12.Changes

12.1. ProMedLink expressly reserves the right to:

12.1.1. amend these Terms and Conditions without prior notice.

12.1.2. amend or update the App/Website from time to time, and may change its content at any time without prior notice. In this respect, please note that any of the content on the App/Website may be out of date at any given time, and although ProMedLink strives to keep it updated, ProMedLink is under no obligation to update it; and

12.1.3. amend the related services and/or the structure of how We provide the Services.

12.2. Please check the Website and update the App from time to time to take notice of any changes we made, as they are binding on You.

13.Miscellaneous

13.1. The Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements between us, whether written or oral, relating to its subject matter.

13.2. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

14.Governing law and disputes

14.1. The Agreement, including these Terms and Conditions, are governed by and construed in accordance with the laws of British Columbia, CANADA.

14.2. Any and all disputes arising out of or in connection with the Agreement, including the Terms and Conditions, shall be exclusively submitted to the competent court in British Columbia, Canada.

 

 

ProMedLink Privacy Policy

(Last updated November 2016)

Privacy Statement

Welcome to our privacy statement (the “Privacy Statement”), which applies to our App and Website, www.ProMedLink.com (the “App/Website”) provided by ProMedLink (also referred to as “We“, “Our“, or “Us“). This Privacy Statement informs you on how We handle your personal data (“Your Data”) obtained via the App/Website or Mobile Application. We respect the privacy of our members and are mindful of their privacy rights under the applicable laws and regulations.

  • What information is processed and what is it used for?
When you sign up to the App/Website, We ask you for certain information. Your Data may therefore concern your name, mobile telephone number, postal address, email address and other contact details. Also, We may record which services on our App/Website you are interested in, as well as user traffic patterns and App/Website use via your personal account.
Your Data will be kept securely in accordance with an internal security policy and may be used for the purpose of:
    • sharing Your Data with other interested members of our App/Website;
    • enabling your use of www.ProMedLink.com and your personal account;
    • providing you with an up- to-date, efficient and reliable service;
    • tailoring and personalizing the content of the App/Website and communications sent to you, taking in account your personal interests and preferences;
    • permanently blocking a member from using the App/Website at our sole discretion where that user has breached the Terms and Conditions; and
    • our administration, for example with regard to payment obligations.
  • With whom do we share your data?
We may share Your Data with other members for the purposes set out above and third parties that provide database-, server-, maintenance-, security-, and/or other similar services to Us.
In addition to the foregoing, We may also disclose Your Data if We believe that the disclosure is required by law, or is in response to a legal request.
If We provide access to Your Data, We require the third parties to keep Your Data confidential.
  • Where is your data transferred to and how we keep it secure
Your Data uploaded through the App/Website will be processed on our behalf and on our instructions by third party hosting and service parties. We will observe Canadian law requirements with respect to the processing by such third.
We require our service providers and vendors to safeguard your privacy. However, no method is 100% secure. Although We strive to use adequate means to protect Your Data, We cannot guarantee its absolute security.
In addition, please be informed that the App/Website and the services that are made available through it are intended to connect professionals in the healthcare industry on a global scale. As such you and the other members will have access to the App/Website from multiple jurisdictions and you may send or exchange information with members in countries that do not have an adequate level of data protection.
  • Access rights and preferences
Where permitted by local law and upon proper identification, you may always contact Us to review Your Data, update Your Data, request deletion of Your Data, or refuse to allow further collection or use of Your Data. We will respond to that request in line with the applicable local laws and regulations.

 

 

Who can I ask if I have additional questions?

For additional inquiries about the privacy of your information, you can contact us here, by calling +1-778 872 3876 or by writing to us via regular mail at:

 

Attn: ProMedLink Support

PROMEDLINK

203-1130 Austin Ave

Coquitlam, BC, V3K 3P5, CANADA

 

To reach our Global Customer Support department, you may contact us at support@promedlink.com.

Copyright 2016 ProMedLink, a Division of MAJnMAR Global Corp

 

All Rights Reserved.