ZOYA USERS APPLICATION – Terms and Conditions, updated March 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE APPLICATION AND RELATED WEBSITE.
Switch Ideas that Connect, a company with its principal offices in Islamabad,(“we” or “us”), provides you with the ZOYA mobile device application (the “App”) and related website (including the mobile-optimized versions of such website, the “Site”) under these Terms and Conditions (this “Agreement”). The App and the Site are referred to together as the “Application.”. By using the Application and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Application.
Intended Users
The Application is available only to users who are at least 12 to 18 years old. Under no circumstances should the Application be used by children under 12 years of age, and we will not knowingly collect Personal Information from any person we know to be in this age group. If you are using the Application for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. If you discover that your child has been using the Application without your consent, or that someone has been using the Application for or on behalf of your child without your consent, please contact us using the information below under “How to Contact Us,” and we will take reasonable steps to delete the child’s information from our active databases. You may not provide access to or use the Application or Content (as defined below) thereof for the benefit of third parties or make commercial use of the Application or related Content, but you may use the Application for your personal use subject to this Agreement. Use of and access to the Application is void where prohibited. By accessing and using the Application, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Application will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to receiving messages and promotional material offering in-Application purchases.
Modifications of this Agreement
We reserve the right to update or modify this Agreement, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.
Disclaimers
Your use of any aspect of the Application is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.
If you use and/or access the Application on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
We make no representations or warranties whatsoever in respect of the application. Information regarding medications, health, medical advice and otherwise may be provided by third parties, including other users of the application. We cannot accept any liability whatsoever in respect of any content which is provided by third parties and/or any other users of the application. Any actions you take based on content, notifications and otherwise provided by the application are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the application to ensure its accuracy. To the maximum extent permitted by applicable.
The application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the application or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. You acknowledge that your use of the application is at your sole risk. We disclaim any implied or statutory warranties (I) regarding the security, accuracy, reliability, timeliness and performance of the application; or (ii) that the application will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the application. We do not warrant that any description provided through the application regarding medications or otherwise is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. This disclaimer constitutes an essential part of this agreement.
Health information must be integrated by healthcare providers into the general clinical record for individuals under their supervision and correlated with other clinical data as required by professional standards in customer’s discipline. Use of data accessed by means of the application, as well as treatment decisions based on such information are the sole responsibility of the healthcare provider and zoya assumes no liability in respect thereof.
Requirements for Use
In order to use the App or the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses.
Application is a Secondary Reminder Tool
The Application is intended as a helpful backup reminder system that you can personalize for taking your medications. You should not and must not rely on the Application as your primary tool for determining whether and when to take medication. As further described under “Technology; Support” below, the Application might not function as intended. Specifically, the Application will not function properly if your device is broken or powered off, if the Application software is not enabled or if any hardware or software on your device prevents the Application from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Application, and the utility of any of its alerts or notifications, depends on information that you input into the Application. You are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages. Persons using the Application assume full responsibility for the use of the Application and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Application.
No Medical Advice
Information, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials is made available from us or third parties, including other users, through the Application (collectively “Content”). For example, the interface of the Application may provide you with names, pictures or descriptions of various medications. Other users may participate in forums and provide details of their personal health or medication experiences. We do no guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content.
All Content is provided for informational purposes only. No Content, including that provided by other users of the Application, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The Application does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. We do not prescribe, dispense, or refill prescriptions. The provision of information about or the enablement of the reminder system with respect to any drug or product is not a recommendation or endorsement by us for such drug or product. While we may provide you with certain functionalities that may alert you regarding certain drug-drug interactions, there may be other interactions which are harmful and to which we do not alert you. Please consult with your healthcare provider with respect to any drug-drug interactions. The absence of a warning for a given drug or drug combination does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for you or anyone else. Furthermore, the Application is not intended to provide any dosing information, and we are not responsible for any errors in dosages taken. Reliance on any Content or other information provided by us, our employees, our users or third parties through your use of the Application is solely at your own risk and we accept no liability therefor.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the Application. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help.
Third-Party Websites and Materials
References or links within the Application to any third parties or their websites or information are provided only for your convenience and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites or with respect to any content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
Accounts
You may register to use the Application by providing your name and e-mail and other information requested in the registration form. We may change the method of registration at our discretion. We might refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Application, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.
Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Application, and you agree to indemnify and hold us harmless for any improper or illegal use of the Application, and any charges and taxes incurred, unless you have notified us via e-mail at Hello@heyzoya.com.
Termination of Account
We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Agreement, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, and the community ethos of our Application or our business interests. In the event that we terminate your account, you may not register for the Application again without our express permission. If you believe that any action has been taken against your account in error, please contact us at Hello@heyzoya.com.
In addition, if we believe, in our sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Application. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.
You may request termination of your account at any time and for any reason by sending an e-mail to Hello@heyzoya.com. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
Technology; Support
We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, Content, including software, text, graphics, links, or communications provided on or through the use of the Application; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Application.
We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.
Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.
User’s Responsibilities
If you submit any information to us through or related to the Application or send us any business information, feedback, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
You further agree that:
- you will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its Content, its software or any portion of any of the foregoing;
- you will not use the Application for any purpose in violation of local, state, national or international laws;
- you will not solicit another person’s password or personal information under false pretenses;
- you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
- you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
- you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
- you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and
- you will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Application).
You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
Ownership
ZOYA and its licensors own the Site, Documentation and App, including any material or Content made available through the Application, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.