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.
ProMedLink, is a Canadian company incorporated under the laws of British Columbia, CANADA.
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.
5.1. 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.
7.1. 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.
8.1. 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.
12.1. 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.
13.1. 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.