HealthMatriX Terms of Service (updated on April 29, 2021)
Use of our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (the “Platform”) is subject to the following terms and conditions. By using the Platform, you accept and agree to be legally bound by these Terms & Conditions (“Terms”) of use, whether or not you are a registered member of the Platform. If any of these Terms is unacceptable to you, do not use this Platform.
The Platform is owned and operated by HealthMatriX Technologies Ltd. (“HealthMatriX”), in support of its vision to disseminate knowledge and information. As used in these Terms & Conditions, the terms “the Company”, “we,” “us” and “our” refer to HealthMatrix.
1. Changes to these terms are binding. We may change these Terms from time to time without advance notice. Accordingly, you should read these Terms from time to time for any changes.
The platform and any material, text, images, graphics and other content available on the platform (collectively, the “Content”) are protected by copyright, trademark and other laws. You may use the Platform and the Content only in the manner and for the purposes specified in these Terms.
HealthMatriX grants User the restricted, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Platform with the User Account. The Platform will be available to the User as a web application and can be accessed with recent web browser software. Specific Platform functions may also be accessed by means of an application developed for smartphones and tablet computers. Accordingly, Platform requires a working internet connection.
You as Users are entirely responsible for the use of the Platform and, to such purpose, shall not use, or encourage, promote, facilitate, or instruct, or induce others to use the Platform for any activity that violates any Laws, or for any other illegal, fraudulent, harmful, or offensive purpose, or to transmit, store, display, distribute or otherwise make available in the Platform any Data that is illegal, harmful, offensive, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, inappropriate or that would encourage or constitute a criminal or civil liability under the applicable Laws.
You are required to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another’s or share your credentials with any other user. We will revoke your account, without notice, if you are determined to be an infringer or have been found to pass your access credentials to any other person without prior information to the Company.
Any use other than the use(s) described above, would render the license terminated without further notice. Upon conclusion of your usage of product / services or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
HealthMatriX will use commercially reasonable efforts to make available the Platform 24 (twenty-four) hours a day, 7 (seven) days a week. Notwithstanding the preceding, User acknowledges and agrees that HealthMatriX has no control or liability over the availability of the Platform on a continuous or uninterrupted basis, so that from time to time the Platform may be inaccessible or inoperable for several reasons, including, without limitation:
5.1 errors, failure or unavailability of third party services and products (including web hosting, telecommunications networks, etc.);
5.2 errors related to Your (User’s) hardware (including but not limited to computers, tablets, networks, etc.) or software (including but not limited to incompatibility of the Platform with specific web browsers or other User software, viruses on the User’s computer systems, etc.);
5.3 downtime of the Platform for maintenance, error/bug correction or updates;
5.4 errors or failure resulting from Your use of the Platform not in accordance with HealthMatriX’s documentation or instructions;
5.5 events of force majeure or in any way beyond HealthMatriX’s reasonable control (including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile third-party attacks, network congestion, downtime resulting from denial-of-service, etc.).
In its sole discretion or to comply with applicable Laws, as well as to address a data protection or security issue, HealthMatriX reserves the right to provide Updates in order to improve and enhance the features and performance of the Platform. User expressly acknowledges and agrees that HealthMatriX has no obligation to make available and/or provide any Updates. In case that HealthMatriX provides any Updates, this Agreement shall automatically apply thereto, unless HealthMatriX provides other applicable terms and conditions.
6.1 Data lawfulness
The User shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of the Data uploaded to the Platform by means of his/her User Accounts. In no way whatsoever HealthMatriX will be responsible for any Data uploaded to the Platform.
6.2 Personal Data
Without limiting the foregoing, the User warrants and represents that all the Data submitted to the Platform shall be fully compliant with the applicable Laws regarding the protection of the Personal Data, including but not limited to the European General Data Protection Regulation no. 2016/679. To such purpose, the User expressly acknowledges and agrees that HealthMatriX acts as the sole “controller” of the Personal Data submitted to the Platform.
6.3 Data processing
HealthMatriX is authorized by the User to host, process (including, without limitation, reformat, manipulate, etc.) and transmit the Data for and on his/her behalf as it is necessary to provide the services of the Platform. The User agrees and acknowledges that HealthMatriX may provide ancillary services in connection with the Services through a third-party provider, for which – notwithstanding any action or requirement taken or verified by HealthMatriX according to the applicable Laws – HealthMatriX has no liability for any action or inaction taken by such provider. In any case, HealthMatriX has the right, in addition to any other right afforded to HealthMatriX under this Agreement, to take remedial actions if any Data violates any Laws or any third party right (of whatever nature, including but not limited to intellectual property right, privacy, etc.), including the removal or disablement of access to such Data. HealthMatriX shall have no liability to User in the event that HealthMatriX takes such action.
6.4 Security measures
HealthMatriX will use best efforts to keep Data on the Platform secure and confidential by implementing appropriate technical and organizational security measures to prevent unauthorized access to Data and/or loss or corruption thereof. In particular, the User is entitled to freely choose at any moment, in the Platform’s preferences and settings, to receive and access encrypted messages and/or questionnaires from the Platform either directly via an email sent to his/her mail inbox (containing plain text and/or links to be accessed without login) or indirectly in the Platform’s dashboard, that requires a previous mandatory login to the Platform and, therefore, it is more secure and set as default setting in the Platform. User expressly acknowledges and accepts the preceding.
6.5 Data breach
In case of Data breach, HealthMatriX will put in place all the actions required by the applicable Laws, including notification to affected Users and authorities, as required by Laws.
6.6 No Data backup
HealthMatriX will use its best efforts backup the Platform on a regular basis. Notwithstanding the preceding, User acknowledges and agrees that HealthMatriX does not provide any backup or restoration service.
6.7 Data removal and anonymization
Unless a specific request from a User, upon the termination of the User Account, all Data that is not Anonymized Data will be removed from the Platform and HealthMatriX will not keep information linking Anonymized Data to User Accounts. Notwithstanding the preceding, HealthMatriX is allowed to analyse Anonymized Data in the Platform to maintain, update or improve the latter, as well as to determine trends or evolutions in processes. The User has no right, title or interest in the results of HealthMatriX’s data analysis (which shall be deemed as HealthMatriX’s Intellectual Property Rights and Confidential Information), regardless of whether Anonymized Data submitted by the user was relied upon for that analysis.
6.8 Access requests by Users
In case a User sends directly to HealthMatriX a request for rectification, erasure, or restriction of his/her Personal Data and/or any other action or right provided by the applicable data protection Laws, HealthMatriX will reply to the User within the timeframes provided by the applicable Laws.
All rights of the Platform and the Content that are not expressly granted are reserved. You agree to use the Platform and the content only in ways that comply with all applicable laws, as well as with these Terms and that do not infringe or violate anyone’s rights.
The platform and the content as provided “As Is” to the fullest extent permitted by the applicable law. We disclaim all warranties of any kind (express, implied or otherwise) regarding the platform or the content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your use of the platform and the content is at your own sole risk. In no event shall we be liable to you even if the platform or content is defective or we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages. The user takes responsibility of usage of all content and the results derived thereof.
Links on the Platform to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.
These General Terms and Conditions are governed under Laws of the People’s Republic of China. Disputes between the Company and the Customer that might arise due to any unforeseen reasons, maybe settled by the prevailing courts of Hong Kong.
The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms, unless specifically agreed in writing. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the platform, or to cease making the platform available.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the Platform and to enter into and comply with these Terms.
© 2021 HealthMatriX Technologies Pte. Ltd. All rights reserved.