These Terms apply to all users (“you”) of our website, https://www.bia.care/, our mobile application and/or our tablet application (“App”) (together, the “Platform”) and should be read in conjunction with the additional terms listed below.
By using the Platform, you are agreeing to these Terms, along with the following additional terms, which also apply and shall be incorporated into any contract that we enter into with you for the provision of any of our Services:
Any reference to “these Terms” shall include the above additional terms.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms, and that they comply with them.
Capitalised terms shall have the meanings set out in theDefinitions section (set out at clause 22 of these Terms).
The Platform is NOT to be used for medical services in an EMERGENCY situation
IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999.
1. WHO WE ARE AND HOW TO CONTACT US
Who we are. The Platform is owned and operated by Bia Health Ltd (“Bia Care”, “our”, “us” or “we”), a company registered in England and Wales (company number 12550542) whose registered office is at 7Bell Yard, London, England, WC2A 2JR.
Bia Care is a platform that is multidisciplinary and accessible. We connect women with clinicians of different specialties through virtual group consultations. We also provide personalised treatment plans, treatment delivery, and community support for women in menopause via a 12-week programme.
How to contact us. To contact us, please email firstname.lastname@example.org
2. OUR SERVICES
The Services we offer are: (1) to allow you to book Courses; (2) to allow you to book Consultations; (3) to match and meet with menopause specialists; (4) to assist with developing your individual menopause treatment plan; (5) to help you connect with like-minded women; (6) to provide you with information relating to menopause; (7) to use our app for tracking symptoms and triggers; (8) to issue prescriptions by a licensed prescriber; and (9) to deliver prescription medication via a licensed pharmacy partner. These are collectively the “Services” as more fully described in Schedule 1.
The Platform is operated by us and we are responsible to you for the Services we provide. When you purchase our Services, it will create a contract between you and us under which we have certain responsibilities to you in relation to the Services. That contract is made based on these Terms.
Whilst Bia Care provides a Platform to take a Menopause Consultation and view possible treatment options, as well as for education and community engagement around menopause, Bia Care is not itself a pharmacy and does not prescribe or dispense pharmaceutical goods and/or medications.
Our Platform is available to you if you are in England. We do not represent that any content or Services available on or through the Platform is appropriate for use or available outside England.
3. COURSES AND CONSULTATIONS
You must create an Account in order to use our Services. Accessing the health and symptom tracker via the mobile app is free and does not require additional information.
In order to access Bia Care’s other Services you must book, and pay for the selected service. After booking, you must download the app and complete the Health Questionnaire. Upon receipt of the completed Health Questionnaire, if for any reason Bia Care determines you are not eligible to access the Services, Bia Care will communicate this decision to you via email or phone call and issue you a refund.
Courses and Consultations are subject to availability. Course and Consultation times are subject to change and are only made available to you at our discretion. In the event that:
- you are unable to access the Platform for whatever reason;
- there are noCourses and Consultations available to suit your requirements;
- you miss aCourses and/or Consultation for whatever reason;
- you lose connection to the Platform during a Course and/or Consultation; or
- a Course and/or Consultation is cancelled,
it is your sole responsibility to book an alternative Course and/or Consultation.
Confirmation of a Course and/or Consultation. After you have booked a place on a Course or Consultation via the Platform you will be sent written confirmation of the booking in the form of an email. If you do not receive such confirmation within twenty four (24) hours of requesting your booking please contact us on email@example.com to check we have received your booking request.
Your right to make a change to a place on a Course and/or a Consultation once booked up to 72 hours before start of your Course or Consultation. If you wish to make a change to a Course booking or the date or time of a Consultation you should do this by contacting the support team via email on firstname.lastname@example.org or via phone on 02034888536. We will let you know if the change is possible. If it is possible we will let you know about any changes to your Course booking and/or the date or time of your Consultation or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may cancel your booking.
Our duty if we make changes to a Course and/or Consultation once booked. We will advise you by email as soon as possible if we have to amend, change or cancel any Course or Consultation that you have booked.
4. SAFE USE OF THE SERVICES
To ensure you are able to use the Platform and Services safely and in accordance with these Terms, you must:
- provide full and accurate information about your contact information, medical history and current symptoms including in the Health Questionnaire. Failure to provide full and accurate information may impact on our ability to provide Services;
- comply with our Fair Usage Policy at all times;
- not use the Services for any inappropriate purposes;
- follow instructions given to you on the Platform and by any employee or representative of Bia Care in relation to the Services; and
- seek further medical advice if you have any concerns about the information given to you on the Platform.
5. PRICE AND PAYMENT
The price of the Services (the “Charges”) will be published by Bia Care and will be set out on the Platform at the time of our commitment to provide Services. Whilst we take all reasonable care to ensure that the price of the Services advertised to you is correct, our Charges may change at any time. Price changes will not affect any Services that you have already ordered. All price changes will be notified to users of our Platform and Services.
You are responsible for paying the Charges.
We will usually charge or invoice you for Services at the time you order them and an invoice will be issued to you via the Platform. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or the Platform.
We may suspend our provision of Services if you do not pay any of our Charges on time. No additional Services may be ordered whilst any of our Charges remain outstanding.
Consultation booking cancellation
If you want to reschedule a Course or Consultation this can be requested and completed by contacting us.
If for any reason you cannot attend your Course or Consultation, you must cancel by calling the customer service team on 02034888536. All cancellations must be made at least 72 hours’ ahead of theCourse or Consultation start time. Cancellation by any other method other than the above will not be accepted and the Charges will be applied.
PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION OF A COURSE OR CONSULTATION IS ATTEMPTED 72 HOURS OR LESS FROM THE TIME OF THE SCHEDULED COURSE OR CONSULTATION START.
Please bear in mind that we take all complaints about our Services very seriously and will always do what we can to help to resolve them. Please contact us on email@example.com if you have a complaint.
Our right to cancel Service provision
We may end our contract with you if:
- you do not pay the Charges in accordance with clause 5 (Price and Payment) of these Terms; or
- the Services are unavailable for reasons outside of our reasonable control as more particularly described below.
We reserve the right to deactivate your Account and cancel the provision of any of the Services to you in the event of a breach of theseTerms and/or where you act in a way that is inappropriate, abusive or otherwise unacceptable towards our customer service team or our other employees.
Any notice or communication sent by Bia Care shall be delivered to you in accordance with one of the following methods:
Delivery by email
You understand and accept that documents sent by email are deemed to have been sent to you once the Platform marks the email containing the document as “correct” and “sent”, including time and date stamping for our records. You understand and accept such records shall be accepted by you as proof that we have sent the document and fulfilled our obligation to provide the same.
You understand and accept that we are not responsible for the spam, junk or mail receipt prevention tactics of your email service provider/host, which may for whatever reason outside of our control filter emails from us away from your inbox. In such instances you understand and accept that you must take such issues up with your email provider and not us.
If you do not contact us and inform us of an issue, we will deem documents by email to have been received by you within twenty-four (24) hours of us marking them as sent.
Delivery by first class post
Your document will be posted, subject to its time of creation:
- created after 6am and before 2pm any day = the document will be posted on the same day(except at weekends, when it will be posted on the next Working Day); or
- created after 2pm any day = the document will be posted on the next Working Day.
You understand and accept we send your documents as letters using Royal Mail first class post (or equivalent) and we cannot and do not guarantee a delivery time or expected delivery date. If you have not received your document within five (5) Working Days of it being shown as sent in yourAccount you should contact us.
You understand and accept that if you do not contact us and inform us of an issue within ten (10) Working Days of it being shown as sent in your Account, we will deem documents sent by first class post to have been received by you within forty-eight (48) hours of us marking them as sent.
8. YOUR BIA CARE ACCOUNT
Registration requirements. In order to register for an account via the Platform (“Account”) and the Services you represent and warrant that you:
- are at least eighteen (18) years of age; and
- have capacity to accept and agree to these Terms.
Register an Account on the Platform. To register with us you are required to provide accurate and complete information, including your first and last name, email address, postal address, telephone number and any other information that we specifically request. You must keep your Account details up to date at all times. We reserve the right to terminate any Account which (at any time)does not include a valid email address and telephone number on file as part of that individual’s Account. Both the email address and telephone number must be stored in the profile for your Account. Please note: this does not affect our conformity with all relevant UK laws regarding the keeping, maintenance and protection of medical records.
Identification checks / fraudulent Accounts. We may contact you by telephone, post, email or via the Bia Care app to verify identity or other Account information and may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created yourAccount. If you do not provide this information in the manner requested within seven (7) Working Days of the request, we reserve the right to suspend, discontinue or deny you access to and use of the Platform and Services until the information is provided to our reasonable satisfaction.
Only register one Account to use the Platform. If you use multiple accounts for the Services, this will mean that records of your information may be inaccurate.
Third party information that you provide. Where you upload any personal health information to the Platform which you have obtained from a third party health service provider, you warrant that such information is provided lawfully and has not been tampered with.
Keep your log-in details confidential. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat this as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us.
Responsibility for your Account. You are solely responsible for all activity that occurs on your Account and you must notify us immediately if you become aware of any unauthorised use of your Account or if your login details are lost or stolen. We shall not be liable for any losses that you incur as a result of any unauthorised use of your Account.
We may monitor use. We reserve the right to monitor your use of the Platform and/or Services and to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of the Platform and/or Services.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
10. WE MAY MAKE CHANGES TO THESE TERMS
We may amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand theTerms that apply at that time. Every time you wish to book a Course orConsultation, please check these Terms to ensure you understand the terms which will apply at that time. Any change will be effective immediately when the revised Terms are posted on the Platform. You should stop using the Platform if you do not agree to any changes.
These Terms were most recently updated in July 2021. To obtain an historic version of these Terms please contact us. We recommend that you print and keep a copy of these Terms.
11. WE MAY MAKE CHANGES TO THE PLATFORM AND/OR THE SERVICES
We may update and/or make changes to the Platform and/or theServices from time to time, for example, to reflect changes in your needs and/or our business priorities or any legal or regulatory changes. We will try to give you reasonable notice of any major changes in advance. If you are not happy with the proposed changes, then you may contact us to terminate your Account with us.
12. WE MAY SUSPEND OR WITHDRAW THE PLATFORM
We do not guarantee that the Platform, or any content on it, including the Services, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of thePlatform and/or Services for business and operational reasons, including(without limitation) for technical or security reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If we need to suspend access to the Platform at any time prior to any Course or Consultation that you have already booked, we will notify you in advance (unless the suspension is due to unforeseen circumstances such as emergency maintenance) and arrange a new Course or Consultation for you to attend as soon as possible (if required).
We reserve the right to suspend or terminate your access to the Platform at any time, without notice and without us bearing any liability to you, if we reasonably believe you have breached any of these Terms. In such circumstances, your access to any Course or Consultation that you have already booked will be cancelled.
13. TEMPORARY USE LICENCE GRANTED
While you are logged into your Account, you are able to use the Platform and the Services for your own personal, non-commercial use only.
You are also granted a licence to download or stream any documents or information provided on or in relation to the Platform or Services onto your Device and to view and use for your own personal, non-commercial purposes only.
These are both limited licences and you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Platform, create any works based on the Platform or commercially exploit the Platform or the Services in any way. This includes(but is not limited to) selling, reselling, reproducing, duplicating or copying the Platform and/or the Services and the use of any data mining, gathering or extraction tool. Any of these uses will result in your licence being terminated and you will no longer be authorised to use the Platform or the Services.
Extended Consultations: in the event that a one-to-one Consultation runs over the 30 minutes allotted time period, we reserve the right to charge you for an additional Course and Consultation.
Late Arrivals: if you are late for a Course or Consultation, you understand that you will still be charged for the full Course orConsultation.
Missed Courses and Consultations: in the event that you miss a Course or Consultation, you will be charged for that Course or Consultation.
Medical Disclaimers: You should always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns(and before starting, stopping or modifying any treatment or medication) about any of the Services.
You agree to contact your GP immediately should you experience any adverse effects following a accessing the Services (if you are not registered with a UK doctor you agree to contact your local walk-in centre or hospital for advice). If you require urgent care, you should contact your nearest emergency services centre immediately.
Content Disclaimers: Any information on our Platform is for general educational and informational purposes only and is not intended to amount to advice on which you should rely. Such information should not be relied upon as a substitute for seeking appropriate individual medical advice or services.
Please check all details and any restrictions relating to a Service thoroughly before booking.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date. We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.
General Disclaimers: We make no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services, in which circumstances we shall contact you in order to reschedule any booked Courses and/or Consultations.
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes in order to access the Platform. You should se your own virus protection software.
We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us in the provision of our Services. If we fail to comply with theseTerms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking your contract with us or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform. We do not accept liability for any failure to maintain the Platform.
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Platform.
The information provided on the Platform may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the information provided on the Platform.
We shall not be liable for any loss caused as a result of your actions or inactions based on the information available on the Platform. However, nothing in these Terms shall affect your statutory rights, and nothing in these Terms shall exclude our liability for death or personal injury arising through negligence, for fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.
Liability for damage to your Device or digital content. If defective digital content which we have supplied damages a Device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
No liability for inability to use the Platform / reliance on any content. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:
- inability to use the Platform; or
- use of or reliance on any content displayed on the Platform or provided to you.
17. CIRCUMSTANCES OUTSIDE OUR CONTROL
We shall not be responsible if the supply of our Services are delayed or prevented by circumstances outside our control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. Where the delay means that we cannot supply our Services in respect ofCourse or Consultation that you have already booked, we will try to offer you an alternative Course or Consultation. If there is a risk of substantial delay, you may contact us to cancel your Account and/or cancel any Courses and/or Consultations.
18. TERMINATION OF OUR CONTRACT WITH YOU AND CONSEQUENCES
Our right to terminate. We reserve the right to reject any order you place with us for Services, without giving any reason. If we reject your order for our Services, we will generally attempt to notify you using the email address you gave us when you placed the order.
Bia Care may, in its sole discretion, terminate your Account or your use of the Platform at any time. You are personally liable for any orders for Services that you place or Charges that you incur prior to termination.
We may end the contract between us, terminating your right to use the Platform or the Services, if:
- you do not, within a reasonable time of us asking for it, provide us with information tha tis necessary for us to provide the Services, for example valid contact details and/or a completed Health Questionnaire; and/or
- you seriously (as determined by us) or repeatedly breach any of these Terms or our Fair Usage Policy; and/or
- an urgent unforeseeable situation arises in which at our sole discretion we may terminate these Terms on 30 minutes’ notice, subject to refunding you for Charges for anyServices which are scheduled which you have not received.
You must compensate us if you break the contract. If we end the contract in the situations set out in the circumstances above we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Your right to terminate. You may cease using the Platform and delete your Account at any time.
19. INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal (non-commercial) use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
If you print off, copy or download any part of our Platform in breach of these Terms or otherwise breach our intellectual property rights, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
20. OTHER IMPORTANT TERMS
We may transfer our rights and obligations to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract you have with us.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
Nobody else has any rights under these Terms. No other person shall have any rights to enforce any of these Terms.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Term, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Platform and/or the Services in the English courts.
The following defined terms apply to these Terms. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Account means the account that you have registered with the Platform.
Charges means the charges which shall become due and payable by you to Bia Care in respect of theServices in accordance with the provisions of these Terms, as such charges are set out on the Platform (and as may be updated from time to time).
Consultation means an appointment for a group Consultation with a clinician, doctor, physiotherapist, psychologist, and/or dietician via video link accessible from the Platform, which shall be limited to 60 minutes in total subject to any further extensions in accordance with the relevant terms.
Course means a Course booked via the Platform. A course is comprised of a 12-week programme that is comprised of virtual group consultations delivered via video call software and content and chat delivered via Bia Care’s mobile app;
Device means the computer, laptop, smartphone or tablet computer that you use to connect to the Platform.
Fair Usage Policy means the policy contained in Schedule 2.
Health Questionnaire means the mandatory form that you must complete and submit on the mobile app after you have booked a Course orConsultation. Bia Care shall make a determination as to whether you are eligible to access the Services based on the information contained in the form.You warrant that all information provided in this form is true and accurate at the point of submission to Bia Care.
Services has the meaning set out in clause 2 and as further described the Platform.
You means the individual using the Platform to access the Services.
Working Day means a day that is not a Saturday, Sunday or public holiday, when the banks in London are open for business.
1. Our Services
We provide the following Services:
- Deliver remote group Consultations (the details of which are set out on the Platform and may be updated from time to time).
- Provide Courses (the details of which are set out on the Platform and may be updated from time to time).
- The ability to match and meet with menopause specialists.
- Assist with developing your individual menopause treatment plan.
- Help you connect with like-minded individuals.
- Provide you with information relating to menopause.
- Provide you access to health and symptom tracking via our mobile app.
- Connect you with GPs who can prescribe Hormone Replacement Therapy.
- Connect you with a pharmacy provider that can issue prescriptions and deliver them to you
We may also give you the option to discuss getting HRT with a GP. You understand that Bia Care is legally separate from our pharmacy partner and all doctors and are not responsible for their services or advice to you. This means that queries, complaints and/or disputes relating to the Platform must be directed only to us, and that queries, complaints and/or disputes relating to prescriptions or dispensing of medication must be directed only to our pharmacy partner directly and/or matters relating to a consultation with a doctor must be directed only to the relevant doctor. If disputes relating to consultations with doctors, prescriptions or dispensing of medication are directed to Bia Care, we will connect you directly to the relevant doctor or our pharmacy partner as applicable. Any form of consultation with a doctor is a consultation with them, and not Bia Care. Our pharmacy partner can be contacted at firstname.lastname@example.org.
Fair Usage Policy
Our Fair Usage Policy is designed to prevent fraud, abuse of use of the Platform and to ensure that everyone who wishes to use our Services is able to do so as safely as possible.
Unlawful, prohibited or unusual activities (non-exhaustive list)
You may only use our Platform only for lawful purposes. You are not permitted to (or permit anyone else to):
a) use the Platform or Services in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;
b) where this function is available, post or transmit a message (written, verbal or via video) under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others or Bia Care. All messages transmitted via the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
c) allow another person or entity to use your Account, username or password (unless a permitted minor, as applicable);
d) solicit the Services except as expressly permitted by these Terms;
e) attempt to undermine the security or integrity of computing systems or networks of Bia Care, the Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
f) harvest or collect data about any other individual who uses the Platform;
g) post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform and/or the Services;
h) tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the Platform and/or the Services, or the server on which the Platform or related materials are stored or any server, computer or database connected to the Platform. You will not use robots or scripts with the Platform;
i) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform.;
j) where this function is available, upload or provide any information to the Platform in breach of any third party’s intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or
k) reproduce, duplicate, copy or sell any part of the Platform in contravention of the provisions of our Terms.
Breach of this Fair Usage Policy
When we consider that a breach of this Fair Usage Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Fair Usage Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions (at our sole discretion):
- Immediate, temporary or permanent withdrawal of your right to use the Platform.
- Deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third party intellectual property right.
- Suspension or termination of your Account and your contract for the Services. Where we consider it reasonable and at our complete discretion, we may provide you with a notice of improper behaviour before suspending or terminating the Services, as we deem appropriate.
- Issue of a warning to you;
- Commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Pursue further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Fair Usage Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.