BeatMed.com Terms and Conditions
- The following terms and conditions shall govern your use of the BeatMed personalized purchasing service and online medical supply website, located at http://www.beatmed.com (the "Website"), as well as the performance of any activity or transaction enabled or facilitated through the Website (the “Activities”), all subject to any user specific terms agreed upon in writing between us (together with the terms and conditions hereunder, the “Agreement”).
- By using the Website, you (the "User") accept and agree to be bound by the terms and conditions of the Agreement. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE WEBSITE.
- This Agreement constitutes the entire agreement between you and us, BeatMed Inc. ("BM"), with respect to the use of the Website and its services, and shall replace any and all other agreements.
- You are granted permission to use the services of the Website and perform Activities subject to your full compliance with the provisions of this Agreement.
- You may not use the Website or carry out any Activity if you lack either the legal capacity to do so or any permit or license required for such Activity under Applicable Law.
For the purpose of this Agreement, “Applicable Law” shall mean the laws, regulations, orders and guidelines of such countries (i) in which you are registered, domiciled, have a permanent establishment, or are accessing the Website or its services; or (ii) from, in or through which Activities are to be performed or to which they are directed; all to the extent designed to govern your specific use of the Website or your specific Activities.
- While using the Website, you may not perform, intentionally or carelessly, any of the following:
- Browse, surf, process, scan or use the services of the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
- Manipulate the URL of the Website, or otherwise gain access to any internal pages to which BM have not provided you with a direct link (including, without limitation, URL Hacking).
- Carry out any action which may infringe the copyrights of BM or any other copyright holder.
- Carry out any action which may infringe any Applicable Law or otherwise offend or harm the public order
- Carry out any action which violates our Community Guidelines, located at: http://beatmend.com/community.
- We reserve the right to bar you from using any of the Website services, and suspend or cancel any action carried out on the Website, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of the Agreement or any Applicable Law.
- Registration to Services
- At our sole decision, the access to certain Website services may be subject to additional terms and conditions or limited to Users who satisfy and continue to satisfy certain criteria (including geographical location, professional capacity or certain credit score), who have subscribed to the Website (the “Account”), who have provided BM with certain information, certification and details, or who are current in the payment of certain subscription fees.
- It is clarified that information submitted by User must not contain partial or inaccurate data – only the full, true and accurate details required.
- If User is required to set or change a password for the Account, and so as to avoid any unauthorized access to the Account as well as any possible damage in the event such password is:
- User shall not disclose password to any third party nor shall user present, enter or use this password with respect to any third party service.
- User shall change password periodically.
- Password shall not contain, whether in straight forward form or reverse order, any of the following: User’s name; identity, social security, passport or phone number; significant date; or dictionary word.
- User shall notify BM immediately of any suspicion regarding unauthorized access to the Website through User’s Account.
- Without limiting from BM’s rights under Section 2.4, BM reserve the right to suspend any Account and condition access to Account on presentation of proof that these terms and conditions have not been violated.
- For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account or to any Website services which are subject to additional terms and conditions or which are limited to User’s who have subscribed to the Website.
- THOUGH BM MAINTAIN REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNT CONTENTS AND INFORMATION REGARDING USER’S ACCESS TO WEBSITE, BM CAN NOT ENSURE DEFINITE PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS AND/OR INFORMATION REGARDING USER’S ACCESS.
- Via the Website you may subscribe to our electronic newsletter (the "Newsletter"), that will be sent from time to time to the email address supplied by you (the "Email Address").
- By subscribing to the Newsletter, you explicitly allow BM to send via the supplied Email Address advertisements related to products and services accessible through the Website.
- You may unsubscribe from the Newsletter at any time.
- Purchase and Sale of Products
- In the course of the use of the Website, you may be granted the ability to purchase or sell certain products of a medical nature (“Products”).
- As purchaser of Products (“Purchaser”), you explicitly acknowledge as follows, and waive and disclaim any claim to the contrary –
- With respect to any claims you may have concerning Products purchased or advertised on the Website, Products are offered for sale and sold at the sole responsibility of Users or other 3rd parties (“Suppliers”), and BM are in no event to be deemed sellers, advertisers or suppliers of Products or otherwise involved as party to a purchase transaction or promoters thereof.
- Products may be presented for sale by Users (“Sellers”) through a process which is, fully or partially, automatic. Accordingly, BM cannot authenticate or verify the identity of the Seller, examine the Product offered for sale, or otherwise assure the validity of the transaction proposed.
- With respect to any claims you may have concerning Products purchased through the Website or the delivery thereof, regardless of whether payment for Product (“Payment”) is made directly to Supplier or through the services of the Website, Payment shall be deemed received by and in the full control of Supplier alone; Payment made payable to or invoiced by BM shall be deemed, strictly with respect to any claims you may have as to Products or the delivery thereof, received by them strictly on behalf of Supplier, and BM shall have no responsibility or liability with respect thereof.
- Without imposing any responsibility or liability upon BM and with respect to the relationship between Purchaser and Supplier only, Supplier is expected to comply with our Return Policy, located at http://www.beatmend.com/return_policy regarding return of Products and cancellation of purchase transactions, as well as with our Shipping Policy, located at http://www.beatmend.com/shipping_policy.
- Without derogating from Section 7 below, Products’ prices may be subject to change at any time prior to completion of purchase.
- As Seller, you –
- Explicitly acknowledge, and waive and disclaim any claim to the contrary, that (i) Products may be ordered through a process which is fully or partially automatic, thus BM cannot authenticate or verify the identity of the Purchaser or otherwise assure the validity of the transaction proposed; and that (ii) To the extent Payment is to be made through the services of the Website, Payment shall only be transferred to Supplier subject and following actual non-cancelable receipt by BM.
- Explicitly undertake to (i) Comply with and adhere to our Return Policy, located at http://www.beatmend.com/return_policy, and our Shipping Policy, located at http://www.beatmend.com/shipping_policy; and to (ii) immediately return to BM any Payment transferred through their services, should BM be forced to return such Payment to Purchaser, and reimburse them for any loss, damage or expense incurred by them in connection with the transfer and return of such Payment.
- Whether as Purchaser or Seller, you explicitly acknowledge as follows, and waive and disclaim any claim to the contrary –
- BM’s involvement in any event consists of no more than making available the Website and its services and, where applicable, facilitating the transfer of Payment.
- Purchase of Products and facilitation of Payment may be subject to certain fees or commissions (whether for the benefit of BM or any of its affiliates), as shall be presented from time to time in our Pricing Policy located at http://www.beatmend.com/fees.
- Without derogating from Section 2.2 above, transactions involving Products of medical nature are strictly limited to registered medical providers and facilities authorized and licensed to facilitate such transactions under Applicable Law, and may be subject to presentation and processing of applicable registration (include State License and DEA numbers).
- FOR THE AVOIDANCE OF DOUBT, BM, OFFICERS AND/OR EMPLOYEES SHALL NOT BE LIABLE IN ANY EVENT TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO ANY BEHAVIOR OF ANOTHER USER, EVEN IF BM HAVE BEEN NOTIFIED OF SUCH USERS PROBLEMATIC BEHAVIOR IN ADVANCE, NOR INCURRED BY USER OR ANY THIRD PARTY IN CONNECTION WITH PRODUCTS, INCLUDING WITHOUT LIMITATION DUE TO USE, MISUSE OR DELAY IN DELIVERY.
- Suitability of Services
- Website services are provided As-Is. BM cannot guarantee the suitability of the Website services to your needs or the availability of the Website or its services.
- You are responsible to verify, prior to using the Website services, their suitability to your needs, and you will have no claim against BM due to any mismatch of the Website services
- Responsibility for Information
Information presented in this website and its services (the "information") shall not constitute advice or professional opinion but rather the personal opinion of the Website Users, BM, officers or their employees. BM do not represent in any way that any Information is accurate, complete or error free
- EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY
BM, OFFICERS AND/OR EMPLOYEES SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO USE OF THE WEBSITE'S SERVICES OR DUE TO THE NON-AVAILABILITY OF THE WEBSITE SERVICES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OF THE WEBSITE'S SERVICES OR DUE TO THE NON-AVAILABILITY OF THE WEBSITE SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT CONTENT AND/OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE WEBSITE SERVICES OR $1,000.
- External Links
- Advertisements to third party products may be presented on the Website by an external service, matching the advertisements to the page content. It is clarified that BM have no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
- Certain adverts or Hyper-Links used in the Website may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that BM did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
- It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
- Lack of Liability to User Actions
- In the course of the Website services, and subject to the provisions of Section 11 below, Users may upload content of their own creation ("User’ Content") to be displayed on the Website, including, for example, details of Products required or offered for sale.
- It is clarified the process of User’ Content upload is, fully or partially, an automatic process, thus BM can not authenticate the identity of the uploader nor examine the content uploaded, and shall not be held liable for any User’ Content displayed in the Website.
- In the course of the Website services, certain content, including User’ Content, may be rated by Website users or in conjunction with Website users’ actions and behavior. It is clarified such rating does not represent BM opinion or impression, but rather that of the Website users, and User explicitly waives any claim against BM with respect thereof.
- if User has cause to believe one person or entity is responsible for affecting the ratings of an individual User’ Content or page, User is obliged to notify BM which reserve the right to nullify actions carried out in violation of the terms herein.
- Uploading User’ Content
- In addition to the terms stated under Section 2.3.4 above, User explicitly warrants and represents that uploading User's User’ Content to Website and/or using, commercializing or displaying such User’ Content by BM, in accordance with the terms hereunder, shall not constitute or result in violation of Applicable Law, including copyright or trademark infringement, violation of privacy, obscenity or slander.
- User further warrants and undertakes to refrain from uploading User’ Content which is contrary to public order; harmful to the body, rights or feelings of any person or entity; is misleading, inaccurate or untruthful.
- Without derogating from Section 10.2, BM reserve the right to deny presentation of User’ Content and to suspend or remove User’ Content, as stipulated in Section 2.4.
- User reserves all rights to User’ Content created by User and uploaded by User to the Website. Having said that, User hereby grants BM a non-exclusive, non-revocable and non-limited license to display such User’ Content via the internet. It is clarified that the User, as owner of rights to the User’ Content, is responsible for enforcing any intellectual property rights.
- For the avoidance of doubt, User permits BM to edit User’ Content prior to or following its display so as to conform to the Website editing policies, and undertakes to comply with any such policies presented by BM.
- Notice of Infringement
If you have cause to believe any Website content to be in violation to the terms hereunder or in infringement of any Applicable Law, we would appreciate it if you would notify us of such content via email to email@example.com, stating the violating content and the nature of violation.
All rights in and to the Website, its design, source code, and content elements of the Website are held exclusively by BM or the content creator, as applicable, and unless explicitly permitted by BM, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
- The trademark "BeatMed" and the Website logo are used by BM in regard with their services and products and may not be used without their explicit permission.
- Any other trademarks appearing on the Website, whether currently or in the future, are the property of their respective BM, as applicable.
- Amendment to Services and Terms of Agreement
- BM may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
- BM may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
- You will be entitled to terminate the agreement prior to the amendments taking effect.
- The amendments will not affect any actions already taken by you prior to the amendments taking effect.
- It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
“Non-substantial Changes” shall mean any changes which are not “Substantial Changes”.
- Waiver of Rights to Recommendations and Suggestions
In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Website or its services (the "suggestions") YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY BM OF ANY THIRD PARTY. BM will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.
You undertake to indemnify BM for any losses or damages resulting from any 3rd party claims or complaints arising from, or in connection with your actions on the Website, your Activities and/or breach of this Agreement.
- Governing Law and Jurisdiction
This agreement shall be construed and governed by the laws of the State of Delaware. Any dispute arising from the terms of this agreement, the use or misuse of the Website, or any of the Website's services shall be subject to the exclusive jurisdiction of the competent courts in the District of Delaware, USA.