Privacy Policy Disclaimer
Privacy Policy
Welcome
Welcome to Eskulap Clinic’s website and online services (“Eskulap Clinic Site” or the “Site”), an online information and communications service provided by Eskulap Clinic worldwide and Eskulap Clinic Health System (“Eskulap Clinic” or “We” or “Us”). This policy is intended to cover the uses for all of the Site, although additional conditions, restrictions and privacy policies may apply. All entities not limited to business and individual entities globally that form a direct functional relationship and are affiliated with the business called hereinafter (‘Eskulap Clinic’). Eskulap Clinic operate on but are not limited to domains http://www.eskulap.co.uk and http://www.mmkisiel.pl. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Health care disclaimer
The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in Europe and are experiencing a medical emergency, please call 112 or call for emergency medical help on the nearest telephone.
Terms of use
Use of the Site is subject to the following terms of use. Eskulap Clinic may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Eskulap Clinic Site. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Eskulap Clinic may offer website visitors the opportunity to participate in additional features or services through Eskulap Clinic Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.
Intended for users 18 and older
The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
- Use this website for any purpose in violation of local, state, national or international laws
- Use this site as a means to distribute advertising or other unsolicited material to any third party
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
- Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website
If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Order limitations
We reserve the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Termination of use
Eskulap Clinic may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
Eskulap Clinic reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Blogs and interactive media
If you use blogging features or otherwise post information to a Site, you give Eskulap Clinic the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.
If you use blogging features or otherwise post information to the Site, you agree you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Eskulap Clinic in its sole discretion
- Post advertisements of solicitations for business
- Post chain letters or pyramid schemes
- Impersonate another person including but not limited to a spouse, child or sibling
- Allow another person to use your credentials for posting or viewing comments
- Post the same note more than once or “spam”
Eskulap Clinic reserves the right (but is not obligated) to do any or all of the following:
- Remove communications that fail to conform with these terms of use
- Terminate a user’s access to the entire Site or specific features such as the blog
- Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.
eCommerce
One-time charges. A valid credit card number, expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. Eskulap Clinic’s designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to Eskulap Clinic at the contact information given below. You understand that the prices for products and services may be changed from time to time, but that the website will reflect current prices.
Responsibility for charges and fees. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order. We distinguish 3 tiers of security. We may charge Tier 1 security in the amount of £50 pounds sterling towards your visit at our premises. In some circumstances we charge Tier 2 security in the amount of £250 or Tier 3 security in the amount of £500 pounds sterling. Tier 1 and Tier 2 is non-refundable if the patient misses the appointment, is more than 15 minutes late or the appointment is cancelled less than 24 hours before the scheduled appointment. Tier 3 is non refundable.
Indemnification
You agree that you will indemnify Eskulap Clinic against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.
Intellectual property
The marks “Eskulap,” “Eskulap Clinic,” “Eskulap Clinic Health System” and the Eskulap logo are trademarks and/or service marks of Eskulap. The content and design of Eskulap Clinic Site is protected by UK and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Eskulap Clinic or an affiliated Eskulap entity. You understand and agree that title to these materials shall not pass to you or any other user.
Disclaimers
YOU UNDERSTAND AND AGREE THAT ESKULAP CLINIC SITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY ESKULAP CLINIC SITE IS PROVIDED ON AN “AS IS” BASIS. ESKULAP CLINIC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, ESKULAP CLINIC DOES NOT GUARANTEE THAT USE OF ESKULAP CLINIC SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Errors on Eskulap Clinic Site
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Eskulap Clinic reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Eskulap Clinic will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site’s return policy.
Limitations of liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL ESKULAP CLINIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to third party websites
The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Eskulap Clinic trademarks (“Third Party Site,” “Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
Eskulap Clinic does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Eskulap Clinic Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. Eskulap Clinic makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.
Jurisdiction
You agree that any dispute or claim (including personal injury claims) related to your use of the Eskulap Clinic Site is subject to the exclusive jurisdiction of the appropriate court in the state in which your care was originally given on-site by Eskulap, or at which care was requested, and will be adjudicated pursuant to the laws of that state. This agreement also applies to anyone claiming on your behalf.
Web privacy policy
We take your privacy seriously, and we want you to know how we collect, use, share and protect your information. In addition to this privacy policy, users of the Eskulap Clinic site should consult the Eskulap Clinic site terms of use as well as any product specific terms and conditions that apply. You may review policies specifically related to patient information (protected health information, or PHI) submitted through Eskulap Clinic’s patient portal. This policy applies to Eskulap.co.uk, mmkisiel.pl and other Web locations under Eskulap Clinic’s control. Other Eskulap Clinic online properties may have their own privacy policies that apply to those sites. You should review those privacy policies in connection with your use of those sites.
What information we collect
Information you give us: We respect the right to privacy of all visitors to the Eskulap Clinic sites. We receive and store information you enter on our sites or give us in any other way, such as name, email address and phone number. This includes information you submit on forms, such as appointment request forms. Some forms collect sensitive information, such as health information, necessary for us to provide our services to you. While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, address, telephone, email and visual appearance of your body.
Information we collect automatically: When you interact with our sites, certain information about your use of our sites is automatically collected. This information includes computer and connection information, such as statistics on your page views, traffic to and from our sites, referral URL, ad data, your IP address, and device identifiers. This information also may include your transaction history, and your web log information, how you search for our sites, the websites you click on from our sites or emails, whether and when you open our emails, and your browsing activities across other websites. Much of this information is collected through cookies, web beacons and other tracking technologies, as well as through your web browser or device (e.g., IP address, MAC address, browser version, etc.). Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Email communications, newsletter and related services
Eskulap Clinic provides you with the opportunity to receive communications from us or third parties. You can sign up for a free Eskulap Clinic email newsletter. You can unsubscribe from this newsletter at any time. We may use your Personal Information to contact you with but not limited to newsletters, marketing, text messages, emails or promotional materials and other information.
Email communications that you send to us via the email links on our site may be shared with a customer service representative, employee, medical expert or agent that is most able to address your inquiry. We make every effort to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry.
The email functionality on our site does not provide a completely secure and confidential means of communication. It’s possible that your email communication may be accessed or viewed by another internet user while in transit to us. If you wish to keep your communication private, do not use our email.
You may decide at some point that you no longer wish to receive communications from our site. To stop receiving communications, send an email message to our email address.
Surveys
We occasionally survey visitors to our site. The information from these surveys is used in aggregated, de-identified form to help us understand the needs of our visitors so that we can improve our site. The information may be shared with third parties with whom we have a business relationship. We generally do not ask for information in surveys that would personally identify you; if we do request contact information for follow-up, you may decline to provide it. If survey respondents provide personal information (such as an email address) in a survey, it is shared only with those people who need to see it to respond to the question or request, or with third parties who perform data management services for our site. Those third parties have agreed to keep all data from surveys confidential.
How we use the information we collect
We use the information we collect for things like:
- Optimizing the performance and user experience of our sites
- Operating, evaluating and improving our business
- Fulfilling orders and requests for products, services or information
- Processing returns and exchanges
- Tracking and confirming online orders
- Delivering or installing products
- Marketing and advertising products and services, including identifying you on our websites and tailoring advertisements and offers to you (both on our websites and on other websites) based on your interactions with us in our stores and online
- Conducting research and analysis
- Communicating with you about your account, special events and surveys
- Establishing and managing your accounts with us
We may combine this information with any other information we have about you, including, if you are a Eskulap Clinic Patient, any PHI we have about you. If we combine this information with your PHI, we will treat all of that information as PHI, and will only use or disclose that information as set forth in our notice of privacy practices.
Data retention
We will retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
We may share information with third parties
We may share the information we collect about you with third parties who we have engaged to help us provide the services. In each case, we will ensure that these third parties have agreed to safeguard your data.
We may provide third parties with aggregate statistics about our visitors, traffic patterns and related site information. These data reflect site-usage patterns gathered during visits to our website each month, but they do not contain information that personally identifies you unless you have given us permission to share that information.
We may use or disclose your personal information if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or our sites; (b) protect and defend our rights or property, the sites or our users, or (c) act to protect the personal safety of us, users of the sites or the public.
Interest-based advertising and your choices
Use of Cookies: Our sponsors and advertisers and their ad servers may use cookies when you view pages on our site. They use those cookies to collect information as a way of measuring the effectiveness of their advertising, or to provide advertisements about goods and services that may be of interest to you or to avoid running the same ads to you over time. Such information may include your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed and other clickstream data. We do not control these third parties’ use of cookies or how they manage the information they gather through them. However, our sponsors and advertisers have agreed that they will not collect any personally identifiable information from our site visitors while they are on Eskulap Site. If you click on an advertisement on Eskulap Site and visit a site maintained by one of our sponsors or advertisers, please be aware that we are not responsible for the privacy practices of that site. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.
Our partner, Everyday Health, may use a third party ad network provider, Collective Media, to help present advertisements on this website.
Your browser or device may include “Do Not Track” functionality. At this time, we do not respond to browser “Do Not Track” signals.
Opting out: You can learn more about the companies we work with that collect information on our websites and who serve advertisements to you on our websites using the links below. The resources below also contain opt-out links.
- Participants in the Network Advertising Initiative (http://optout.networkadvertising.org) and the Digital Advertising Alliance (http://optout.aboutads.info).
- Opting out of mobile advertising:
- Apple: http://support.apple.com
- Android: http://www.google.com/policies/technologies/ads/
- We use Google Analytics, a web analytics service provided by Google Inc., on our sites. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the sites, compile reports on the sites’ activity, and provide other services related to sites activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor and any referring website. The sites do not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policy: https://policies.google.com/?hl=en. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here: https://policies.google.com/technologies/partner-sites
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our sites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
Your choices: By contacting us using the information below, you may:
- Stop receiving marketing or promotional emails, direct mail, phone and mobile marketing communications from Eskulap Clinic
- Update and correct your personal information
- Cancel your account or request that we no longer use your information to provide you services
Security
Whether you are visiting the Eskulap Clinic site or in one of our clinic locations, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. We use a variety of information security measures to protect your online transactions with us. The Eskulap Clinic site uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL protects information you submit via our website, such as ordering information including your name, address and credit card number. That being said, Eskulap Clinic cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. We have taken reasonable steps to ensure the integrity and confidentiality of personally identifiable information that you may provide. You should understand, however, that electronic transmissions via the internet are not necessarily secure from interception, and so we cannot absolutely guarantee the security or confidentiality of such transmissions.
Users in the U.S, European Economic Area (EEA) and Switzerland
If you are a resident of the EEA or Switzerland, the following information applies with respect to personal data collected through your use of our site.
Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of the services. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to provide the services; and (3) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.
Transfers: Personal data we collect may be transferred to, and stored and processed in, the United Kingdom or any other country in which we or our affiliates or processors maintain facilities. We will ensure that transfers of personal data to a country or an international organization outside the EEA or Switzerland are subject to appropriate safeguards.
Your rights: You are entitled to the rights under Chapter III of the EU General Data Protection Regulation or Section 2 of the Swiss Federal Act on Data Protection with respect to the processing of your personal data, which include the right to access and rectify and to request erasure of personal data. In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.
Protecting children’s privacy
We are committed to protecting children’s privacy on the internet, and we do not knowingly collect personal information from children.
Links to other websites
Our websites link to other websites, many of which have their own privacy policies. Be sure to review the privacy policy on the site you’re visiting.
Privacy policy updates
We may need to update our privacy policy as technology changes and Eskulap Clinic evolves. If we make significant changes to the privacy policy, we’ll post a prominent message on our websites.
Disclaimer
Last updated: (25/04/2020)
Eskulap Clinic are editorially independent. Any appearance on this site should not be taken as an endorsement. The information contained on the Sites (‘the Service’) is for general information purposes only. Eskulap Clinics assumes no responsibility for errors or omissions in the contents on the Service. In no event shall Eskuap Clinics be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Eskulap Clinics reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. Eskulap Clinics does not warrant that the website is free of viruses or other harmful components.
The content on this site, including news, quotes, data and other information, is provided by Eskulap Clinics and its third party content providers for your personal information only, and is not intended for any other purposes. Content on this site is not appropriate for the purposes of making a decision to carry out a health or beauty related procedure. Nor does it provide any form of advice amounting to health, beauty, appearance, training, lifestyle, or make any recommendations regarding any products or the aforesaid.
This site does not provide advice nor recommendations not limited to health, beauty and. We do not request personal information in any unsolicited email correspondence with our customers. Any correspondence offering health, beauty advice or unsolicited message asking for personal details should be treated as false and reported to Eskulap Clinics.
Neither Eskulap Clinics nor its third party content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. ESKULAP CLINICS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF ANY THE CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE.
Although Eskulap Clinics makes reasonable efforts to obtain reliable content from third parties, Eskulap Clinics does not guarantee the accuracy of or endorse the views or opinions given by any third party content provider. This site may point to other Internet sites that may be of interest to you, however Eskulap Clinics does not endorse or take responsibility for the content on such other sites.
Eskulap Clinics Newsletters
Whilst Eskulap Clinics has used reasonable endeavours to ensure that the information provided by Eskulap Clinics in the newsletters is accurate and up to date as at the time of issue, it reserves the right to make corrections and does not warrant that it is accurate or complete. News will change with time. Eskulap Clinics hereby disclaims all liability to the maximum extent permitted by law in relation to the newsletters and does not give any warranties (including any statutory ones) in relation to the news. This is a free service and therefore you agree by receiving any newsletter(s) that this disclaimer is reasonable. Any copying, redistribution or republication of Eskulap Clinics newsletter(s), or the content thereof, for commercial gain is strictly prohibited.
Copyright Notice
The proprietors of any and all material found on this web-site is Eskulap Clinics. The material is protected by the provisions of the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and any further amendments and Eskulap Clinics has exclusive rights to dispose of the material found on the web-site. The contents may not be made available outside of the private sphere or copied for a purpose other than for private use or as prescribed by involuntary statute, except with Eskulap Clinics written consent.
As copying is also considered downloading and storage on any computer, disk or other device designed to reproduce the material. As making the content available is considered active transmittal or handling over of the materials to others, as well as placing the material at the disposal of other. The material may be read on-screen, on-spot and on-line.
Terms and Conditions of use
- License. Customer and its End Users are granted a personal, non-exclusive, revocable, non-transferable, non sub-licensable, license to use the Services for its internal business purposes. “End User” means any individual recipient of the Services who is from time to time authorized by Customer to access and use the Services.
- Term and Termination. The term and termination provisions relating to Customer’s access to, and use of, the Services, are as agreed between Customer and Vendor, provided Customer’s access to the Services may be terminated or suspended immediately in respect of any breach of these terms by Customer and/or End User.
- Prohibited Uses. distributing, transferring, sub-licensing, renting, lending, transmitting, selling, re-circulating, repackaging, assigning, leasing, reselling, publishing or making available all or any portion of the Services;
3.2 using the Services to develop, create, practise, health, beauty, data feed services, and other services to third parties is prohibited.
3.3 using the Services for any illegal purpose or contrary to the laws applicable in the jurisdictions where Customer or End Users operates or applicable to supply and use of the Services are prohibited.
- Limited Permitted Use. Customer and End User are permitted to reproduce non-systematic and limited excerpts from Services in documents for distribution to their clients or potential clients in graphical format only for viewing, not reproduced or republished by the Customer and End User in any format that would enable the recipient to incorporate the Services in a database of their own. Customer and End User may also create and include “Derived Data” in its periodic or ad-hoc reports to its clients. “Derived Data” shall mean, for the purposes of these terms and conditions only, data that Customer and/or End User have developed through a process in conjunction with additional third party data and professional experience, such that the Derived Data: (i) cannot be identified or reverse-engineered as originating or directly derived from the Services; (ii) includes an amount of the Services that has no independent commercial value; (iii) is not separately marketed by Customer; (iv) could not be used by its recipients as a substitute for the Services or any part of it; (v) has no commercial value in its own right, irrespective of whether that value is realised by the Customer or not; and (vi) the distribution of Derived Data is only of supportive nature to Customer and End User’s services (for example – report on End User’s performance) and does not constitute a service that End User’s clients may subscribe for.
- Intellectual Property. All copyright, database rights, trade marks, patents, rights of privacy or publicity and other proprietary or intellectual property rights (including all models, software, data and any materials) comprised in all or any of the Services, or their provision, and all enhancements, modifications or additional services thereto, are and will be the exclusive property of Eskulap Clinics. Customer will not use the same (including copying, reverse engineering or disclosing it to any person, for any purpose whatsoever) and will not remove or deface any trademarks associated with the Services;
- Disclaimer. The Services distributed to Customer and End User shall be on “as is” basis. Neither Vendor, Eskulap Clinics, its affiliates nor any third party makes any warranty, express or implied, as to the accuracy or completeness of the Services or as to the results to be attained by Customer and End User or others from the use of the Services. Customer and its End Users hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that it has not relied upon any warranty, guaranty or representation made by Eskulap Clinics, its affiliates or any Data Provider. The Customer and End User are bound to any legends, disclaimers, and notices appearing from time to time in the Services;
- Liability. Neither Vendor, Eskulap Clinics, its affiliates nor any Data Provider shall in any way be liable to Customer and End User or any client of Customer and End User for any inaccuracies, errors or omissions, regardless of cause, in the Services provided hereunder or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, Eskulap Clinics shall have no liability whatsoever to Customer and End User, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered Customer and by End User as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by Customer and End User or any client of Customer and End User, whether or not based on the Services.
- Indemnity. Customer will indemnify, defend and hold harmless Eskulap Clinics and its affiliates from and against any and all losses, liabilities, damages, costs brought by any third party accessing of all or part of the Services through or by means of Subscriber.
- Miscellaneous. The terms and conditions herein, solely in connection with the Services:
9.1 shall supersede any other terms between Customer and Vendor;
9.2 shall be for the benefit of Eskulap Clinics, its data providers and its and their respective affiliates;
9.3 may not be amended unless agreed to in writing by Eskulap Clinics; and
9.4 shall be governed by and construed under the laws of England and Wales and Poland and each party submits to the exclusive jurisdiction of the courts of England and Wales and Poland.
Changes To This Privacy Policy
This Privacy Policy is effective as of (25/04/2020) and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
Contact us
If you have any questions about these Terms, please contact us.