THIS IS ONLY A DRAFT AGREEMENT THAT IS STILL UNDER DEVELOPMENT
This End User License Agreement (Agreement) is a legal agreement between you and the Haemophilia Association of Mauritius (HAM) regarding your use of this <insert name> Application (Application). This Agreement governs your use of this Application, including, without limitation, the use of all content such as text, information, and images and the suite of services, integrated tools, programs, software, databases, helpers, and other related items. By agreeing to these terms, you accept to be bound by all the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, you will not be able to use the Application and you must remove the Application from your system or device. Your use of the Application is subject to the terms and conditions of this Agreement. HAM reserves the right to amend this Agreement and any policies at any time and your use of the Application following any amendments will represent your agreement to be bound by the terms and conditions of the Agreement and policies as amended.
1. GRANT OF LICENSE
Subject to the terms of this Agreement, HAM hereby grants to you a limited, revocable, non-exclusive, non-transferable license to install, access, and use the Application solely for your personal use. You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify, loan, distribute, export or otherwise transfer, or allow others to use the Application, technology, or other information, including any printed materials of the same, nor may you create derivative works of or otherwise modify the same. This license will automatically terminate if you do not comply with the terms of this Agreement. You may not use, download, or export the Application in violation of any applicable laws or regulations.
2. DISCLAIMER AND NOTICE
The information contained on this Application, including, but not limited to, clinical references, images, tools, and other related items are intended to be used as a reference resource and not as a complete, solitary resource. While care has been taken to confirm the accuracy of the information presented and to describe generally accepted practices, HAM and its respective licensors, authors, editors, reviewers, contributors, and publishers are not responsible for errors or omissions or for any consequences from application of the information herein and make no warranty, express or implied, with respect to the currency, completeness, or accuracy of the contents of the Application. Because health related information changes frequently, the information contained in the Application may be outdated, incorrect, or incomplete. Applying this information in a particular situation remains your responsibility.
3. MEDICAL INFORMATION/CONDITIONS.
There may be information on this Application related to certain medical conditions and/or their treatment. This information must not be used as a substitute for medical judgment, advice, diagnosis, or treatment of any medical condition or problem. If you have a question about any medical condition or problem, you should consult with a physician or other qualified healthcare provider. HAM does not offer personalised medical diagnosis or patient-specific treatment advice. A doctor or other healthcare professional is in the best position to assess and provide information about any medical condition and any treatment options.
4. FOR USE BY MAURITIAN RESIDENTS ONLY.
The Application and any information relating to HAM products are intended for use only by Mauritian residents. The information in this Application is intended to comply with the laws and regulations of Mauritius, and other countries may have laws, regulatory requirements, medical practices, and other restrictions that differ from those in Mauritius. Any portion of this Application is void where prohibited.
5. CONSENT TO COLLECT AND USE OF DATA.
You agree that HAM or others working for HAM may collect and use the data you recorded on the Application, including but not limited to technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Application. HAM or others working for HAM may use this information to improve and/or to provide to you its products, processes, services, or technologies. HAM or others working for HAM will not collect and will not use information that identifies you personally through your ordinary use of the Application. HAM or others working for HAM may use non-personally-identifying data and compile them for statistical and monitoring purposes. Non-personally-identifying data may equally be shared with concerned health authorities and organisations, including but not limited to the local Ministry of Health and the World Federation of Hemophilia, with the view of monitoring and improving haemophilia treatment and care. All data, including medical data, shall be kept confidential and used in compliance with the Data Protection Act and other relevant laws of the Republic of Mauritius.
8. EXCLUSIONS AND LIMITATIONS.
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 9 and 10 which are lawful in your jurisdiction will apply to you and HAM’s liability will be limited to the maximum extent permitted by law.
The provisions of Sections 6, 7, 8, 9, 10, 11, 12, 15 and 17 (and its subparts) survive any termination or expiration of this Agreement.
8. UPDATES AND SUPPORT.
HAM may choose to provide updates to the Application at any time at its sole discretion. HAM shall not have any obligation to provide you with any maintenance or support relating to the Application.
9. LINKED WEBSITES.
The Application may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained. The Linked Websites should not be construed as an endorsement, approval or recommendation by HAM of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites. Subject to Section 18, HAM accepts no responsibility or liability for, and gives no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
10. DISCLAIMER OF WARRANTIES.
You understand and agree that the Application is provided on an "as is" and "as available" basis. HAM does not make any warranty that the Application will meet your requirements or that use of the Application will be uninterrupted, timely, secure, or error-free. HAM does not make any warranty as to the results that may be obtained from use of the Application or the accuracy or reliability of any information obtained through the Application (including third-party content) or that any defects in the Application will be corrected. Subject to Section 18, HAM and its suppliers disclaim all warranties of any kind, whether express, implied or statutory regarding the Application, including any implied warranty of title, merchantibility, fitness for a particular purpose or non-infringement of third-party rights. You understand and agree that any material or data obtained through use of the Application is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or device or loss of data that results from the download of any such content or material.
11. LIMITATION OF LIABILITY.
To the extent permitted by law, you understand and agree that HAM and its respective licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, however caused and on any theory of liability, and even if advised of the possibility of such damage, including, without limitation, damages for personal injury, lost data, lost profits, or business interruption arising from or relating to: (i) your use of the Application or use of the Application through your account by anyone else; (ii) the cost of procurement of substitute data, information or software; (iii) unauthorised access to or alteration of your transmissions or data; or (iv) any other matter relating to the Application or its use. Additionally, you are solely responsible for (i) any and all decisions regarding use of the application to input, store, and/or transfer personal data; and (ii) any and all activities that occur on your account. If you use a shared computer or a computer in a public place to access the web-based platform, it is advisable that you close your browser when you complete a session, to help ensure others do not access the Application or data contained therein.
You agree to indemnify, defend, and hold harmless HAM, its respective officers, directors, employees, agents, and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or allegedly arising out of, your use of the Application or any breach of this Agreement or violation of any rights of another.
The license is effective until terminated by you or by HAM, which may be done at any time. Upon termination you shall cease to use and shall permanently remove or uninstall all copies of the Application in its entirety. Your rights under this license will terminate automatically without notice from HAM should you fail to comply with any term(s) of this license. All other provisions of this Agreement will survive such termination.
14. PROPRIETARY RIGHTS.
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) HAM owns all right, title, and interest in and to, or is licensed to use, the Application and software provided through or in conjunction with the Application, including without limitation all Intellectual Property Rights therein and thereto. Unless indicated to the contrary the trade marks contained in this Application are trademarks of HAM or its subsidiaries. Where a trade mark is indicated as a registered mark it is registered in Mauritius and may also be registered in other jurisdictions. Nothing contained in this Application is to be construed as a licence or any right to use a trade mark displayed in this Application without the express written permission of HAM. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights, or (iv) remove obscure or alter HAM's or any third party's copyright notices, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
You may not assign or transfer your rights under this Agreement without the prior written consent of HAM. HAM may assign all rights and liabilities under this Agreement to a subsidiary, affiliate, or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
16. FORCE MAJEURE.
No party shall be liable for a failure or delay in performing any of its obligations under this Agreement if, but only to the extent that such failure or delay is due to causes beyond the reasonable control of the affected party, including (i) acts of God; (ii) fire, explosion, or unusually severe weather; (iii) war, invasion, riot or other civil unrest; (iv) governmental laws, orders, restrictions, actions, embargoes or blockages; (v) national or regional emergency; and provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure or overcome any such causes and to resume performance of its obligations as soon as possible.
17.1 You agree to access and use the Application in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Application for any illegal or wrongful purpose.
17.2 This Agreement and the rights and obligations of the parties hereunder shall be governed by and interpreted, construed, and enforced in accordance with the laws of Mauritius, exclusive of its choice of law rules. The courts in Mauritius have exclusive jurisdiction to adjudicate any disputes between the parties, and each party hereby consents to the interpretation of laws, jurisdiction, and venue in the courts sitting in Mauritius. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions shall remain in full force and effect.
17.3 HAM's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
17.4 Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
17.5 This Agreement constitutes the parties' final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, oral or written, between the parties.
18. CUSTOMER AGREEMENT.
You hereby represent and warrant that you are legally bound by this Agreement when you download, install, and or use the Application.
19. PRIVACY INFORMATION
Any personal information collected by HAM in connection with your use of this Application will be used by HAM and its related bodies corporate for the purpose of HAM making this Application available to you and any other purpose related to or arising from your use of the Application. HAM may disclose personal information to third parties including related companies, regulatory authorities and contractors engaged to provide services to HAM, which may be located outside of Mauritius. Please contact HAM to request access to, or correction of, your personal information.
Published: July 2023
Last updated: 13 July 2023