Last Updated: August 2020
2.2 Your Accounts
2.4 General obligations of Use
You must not engage in any of the following prohibited activities:
Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Service for any reason. If we impose restrictions on you personally, you must not attempt to use the Service under any other name or user.
You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We do not warrant that the Service will be compatible with all hardware and software which you may use. We are not liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We are not liable for the actions of third parties.
We may, with or without prior notice, set or change the maximum period of time that documents, data or content will be retained by the Service and the maximum storage space that will be allotted on Acudocx’s servers or systems on your behalf. You understand and agree that Acudocx has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by the Service
3.1 Ordering and Delivery
The Services are offered at the prices and fees set forth on the Websites (and customer portals accessible through the Website) or as otherwise notified by us to you, and as those prices and fees are amended by us from time to time. By requesting Services, you agree to pay the applicable prices and fees for those Services.
The prices and fees are exclusive of any applicable taxes.
You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions in connection with the Services.
We reserve the right to change our prices and fees at any time.
We may provide notice of the change on our Website (by simply updating the price) or in email to you. Your continued use of the Service after any price or fee change constitutes your acceptance of the change and agreement to pay the changed amount. If you do not agree with the price or fee change, you can elect to terminate your account and cease using our Service.
3.3 Payment Terms and Payment Method
3.4 Rejection and Cancellation by Acudocx
i) you have breached any provision of this Agreement; or
ii) (without limiting sub clause (i)) we have not received payment for Services previously provided to you; or
4.1 Our Content and Licence
In this Agreement:
All Intellectual Property Rights:
3. Other than the licence granted in clause 1.e), you are not granted any other rights, title or interest in Our Content, or any Intellectual Property Rights in respect of the Service.
4. You are hereby granted a limited, royalty-free, non-exclusive, non- transferable, revocable licence to use the Websites, and any software in the Websites, for your personal and non-commercial use, for the sole purpose of ordering and obtaining Services from us. We may terminate or suspend this licence at any time, for any reason, with or without notice.
4.2 User Content and Licence
You must not upload, use, share or submit any User Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children including by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, obscene violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current.
that violates third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.
We reserve the right to reject and/or remove any User Content that Acudocx believes, in its sole discretion, violates this clause 4.2.
6.2 Disclosure Rights
comply with legal process, applicable laws or government requests;
enforce this Agreement;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of Acudocx, its users and the public. You understand that the technical processing and transmission of the Service, including content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
We have adopted a policy of terminating, in appropriate circumstances and at Acudocx’s sole discretion, users who are deemed to be repeat infringers. Acudocx may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Acudocx harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of:
your breach of this Agreement;
any User Content;
any activity in which you engage on or through the Service; and
your violation of any law or the rights of a third party, including without limitation that the Delivered Materials breaches the Intellectual Property Rights of a third party.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND TO THE EXTENT PERMITTED BY LAW, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.
YOU USE THE ACUDOCX SERVICE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ACUDOCX MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ACUDOCX MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Nothing in this Agreement is intended to exclude, restrict or modify any statutory guarantees or statutory warranties which apply and cannot be excluded, restricted or modified.
INFORMATION WE PROVIDE ON THE WEBSITES;
You are entitled to terminate this Agreement at any time, by ceasing to use the Service and cancelling your account with us. Without prejudice to any of our other rights, you must immediately pay to us any outstanding amounts owed to us under this Agreement.
We can terminate this Agreement at any time, or disable (temporarily or permanently) your use of the Websites and Services at any time, with immediate effect and with or without notice to you, if you:
breach this Agreement in our reasonable opinion; or
commit (or we reasonably suspect that you have committed) any fraudulent, abusive or illegal activity, and we may refer such conduct to appropriate law enforcement authorities.
Acudocx may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
If you or Acudocx terminates this Agreement, then Acudocx may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
If either you terminate this Agreement under this clause 11 or we effect our rights under clause 11, we will not be liable for any cost, loss, expense, damages or claims suffered or incurred by you or any third-party arising from or in connection with the termination except that where we affect our rights under clause 11.3 and you have placed an order for Services that you have paid in advance but for which we have not completed in part or in full, then we will provide you a reimbursement of fees based on the part of the order we have not completed.
Termination of this Agreement does not affect any accrued rights or remedies of either party.
The rights and obligations of clauses 4,6,7, 9,10,11,12,13 and 14 survive termination or expiry of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, novated or assigned by you without our consent. Acudocx may assign, transfer or novate this Agreement, and any rights and licenses granted hereunder, without your consent. Any attempted transfer or assignment in violation hereof will be null and void.
12.2 Notification Procedures
Acudocx may provide notifications to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by Acudocx in our sole discretion.
You may give notifications to us under this Agreement, in writing and in English, by email to firstname.lastname@example.org
Acudocx is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
12.3 Entire Agreement/Severability.
This Agreement and any amendments constitute the entire agreement between you and Acudocx concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
12.4 No Waiver.
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Acudocx’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.