NEW
BIOEQUA TERMS OF SERVICE APPENDIX A
BIOEQUA TERMS OF SERVICE
APPENDIX A
JURISDICTION-SPECIFIC TERMS
Last Updated: April 1, 2016
The following terms govern dispute resolution, limitation of liability, and certain other key terms set out in the BIOEQUA Terms of Service. We provide this Appendix A as a resource for users which, at the date of last editing, is believed to be up to date and accurate. It is not an exhaustive list of all dispute resolution or limitation of liability clauses worldwide.
AUSTRALIA
,
NEW ZEALAND
, AND
SOUTH AFRICA
:
: ADDITIONAL LIMITATIONS OF LIABILITY.
, ARGENTINA,
PORTUGAL
, THE PRC, AND UZBEKISTAN: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.
AUSTRIA: NON-PROFESSIONAL USERS (CONSUMERS).
Austrian Law shall apply in any case where the Service, Site, or App is accessed by a consumer in Austria. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Austrian law and shall be submitted to the jurisdiction of the courts of Vienna.
AZERBAIJAN
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the Law “On the protection of consumer rights”. The limitation of liability clause is also not applicable to damages caused intentionally or by gross negligence.
AZERBAIJAN: NON-PROFESSIONAL USERS (CONSUMERS).
The Azerbaijan Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Azerbaijan. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Azerbaijan law and shall be submitted to the jurisdiction of the courts of Azerbaijan.
AZERBAIJAN
,
TURKEY
,
SPAIN
,
SWEDEN
, NORWAY, FINLAND, AND ICELAND: CONSENT FROM PATIENTS. If you are a resident of Azerbaijan, Turkey, Spain, Sweden, Norway, Finland, or Iceland, or of any another jurisdiction where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on BIOEQUA. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient is a child, consent shall be obtained from the patient’s parent or guardian.
BELARUS
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting from or in the damaging of the life, or health, or property of a consumer under the Consumer Protection Act N90-З of 9 January 2002.
BELGIUM
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the Belgian Product Liability Act of 25 February 1991. The limitation of liability clause is also not applicable to damages caused intentionally or by gross negligence.
PEOPLE’S REPUBLIC OF CHINA
: DISCLAIMER ON APP AND SITE. You acknowledge that, although BIOEQUA, Inc. develops the App and the Site independently, it is not able to conduct intellectual property clearance for the App and the Site as well as the Service in all jurisdictions. If the App, the Site, or the Service is found infringing, the sole liability of BIOEQUA, Inc. is that BIOEQUA, Inc. shall select, at its sole discretion, (i) to revise the App, the Site, and/or the Service to make them non-infringing; (ii) to seek a license to continue operating the App, the Site, and/or the Services; or (iii) to suspend the Service, in which case you shall uninstall the App and stop using the Site. Without prejudice to Section 18 of the Terms, you acknowledge that it is commercially and technically impossible for BIOEQUA to ensure that the programs comprising the App or the Site are free of error, defect, virus, or malicious code. Should any error, defect, virus, or malicious code be discovered or reported, BIOEQUA, Inc.’s sole responsibility is to use reasonable commercial efforts to remove such identified error, defect, virus, or malicious code.
FRANCE
: NON-PROFESSIONAL USERS (CONSUMERS). The French Consumer Law shall apply in any case where the Service, Site, or App is accessed by a consumer in France. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under French law and shall be submitted to the jurisdiction of the courts of Paris.
GERMANY
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the German Product Liability Act. The limitation of liability is not applicable to damages caused intentionally or with gross negligence or by a negligent violation of pivotal contractual obligations, i.e. obligations whose fulfillment is a prerequisite for the orderly implementation of this agreement, the violation of which endangers the attainment of the contractual goal and the compliance of which the other side may regularly trust. In the latter case, liability is limited to damages which are typically foreseeable.
INDIA
: In addition to your obligations under these Terms, including your obligations under the Content Policy for Users, you agree not to host, display, upload, modify, publish, transmit, update, or share any information, whether through the App or by way of use of the Services, that:
: NON-PROFESSIONAL USERS (CONSUMERS). Italian Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Italy. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Italian law and shall be submitted to the jurisdiction of the courts of Rome.
JAPAN
: NON-PROFESSIONAL USERS (CONSUMERS). The limitation of liability clause is not applicable in case of gross negligence or willful misconduct. Japanese Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Japan. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Japanese law and shall be exclusively submitted to the jurisdiction of the courts of Tokyo.
KAZAKHSTAN
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages to life, health, or property of the person, who used the services solely for consumer purposes, resulting out of defects of the services or incorrect or incomplete information about the services. The total liability of BIOEQUA, Inc. for breach of these Terms of Service shall be limited to the real damage, caused to you due to such breach. The limitation of liability is not applicable to damages caused intentionally.
LATIN AMERICA
: CONSENT FROM PATIENTS. If you are a resident of Argentina or of any another jurisdiction in Latin America where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on BIOEQUA. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient is a child, consent shall be obtained from the patient’s parent or guardian.
LEBANON
: The imperative provisions of the Consumer Protection Law No. 659 dated 4 February 2005 shall apply in any case where the Services, Site, or App is accessed by a consumer in Lebanon. By clicking on the “AGREE” or “I ACCEPT” button or accessing or using the Site, Services, or App, you are confirming your approval to have this Agreement, the Terms of Service, drafted in the English Language.
RUSSIAN FEDERATION
:
: DISPUTE RESOLUTION. If you accessed the Services, Site, or App in South Africa, BIOEQUA shall consent to the application of South African law in the event of a dispute regarding the application of the Terms if and only if a court in Ontario determines that not applying South African law (i) creates a significant imbalance in the parties' rights; (ii) is not reasonably necessary to protect BIOEQUA's legitimate interests; and (iii) would cause detriment to the consumer. Under such a determination by a court in Ontario, any action arising under these Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under South African law and you hereby accept and irrevocably submit to the jurisdiction of the courts of South Africa and acknowledge their competence and agree to be bound by any judgment thereof.
SPAIN
: NON-PROFESSIONAL USERS (CONSUMERS). Spanish Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Spain. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Spanish law and shall be submitted to the jurisdiction of the courts of Madrid.
TURKEY:
:
: NON-PROFESSIONAL USERS (CONSUMERS). Uzbekistan Consumer Law shall apply in cases where a consumer in Uzbekistan accesses the Services, Site, or App. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Uzbekistan law and shall be submitted to the jurisdiction of the courts of Tashkent city.
APPENDIX A
JURISDICTION-SPECIFIC TERMS
Last Updated: April 1, 2016
The following terms govern dispute resolution, limitation of liability, and certain other key terms set out in the BIOEQUA Terms of Service. We provide this Appendix A as a resource for users which, at the date of last editing, is believed to be up to date and accurate. It is not an exhaustive list of all dispute resolution or limitation of liability clauses worldwide.
- Argentina
- Australia
- Austria
- Azerbaijan
- Belgium
- Belarus
- China
- France
- Germany
- India
- Italy
- Japan
- Kazakhstan
- Latin America
- Lebanon
- New Zealand
- Portugal
- Russia
- South Africa
- Spain
- Sweden
- Turkey
- Ukraine
- Uzbekistan
ARGENTINA
: NON-PROFESSIONAL USERS (CONSUMERS). Argentine Consumer Law shall apply in cases where the Services, Site, or App is accessed by a consumer in Argentina. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Argentine law and shall be submitted to the Federal Courts of Buenos Aires.AUSTRALIA
,
NEW ZEALAND
, AND
SOUTH AFRICA
:
- GENERAL. Notwithstanding the governance of the Terms and this Addendum, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.
- DISPUTE RESOLUTION. In the event that the parties consent to arbitration, the Dispute Resolution provisions in Section 20 of the Terms still apply, but shall allow for the use of arbitrators based in Australia (or South Africa for South African Users) rather than those based in Ontario, as well as a Court of Australia (or South Africa for South African Users) in place of the Superior Court of Ontario.
- ADDITIONAL DISCLAIMERS.
- YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES, OR APP IS SOLELY AT YOUR OWN RISK.
- THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BIOEQUA, INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BIOEQUA, INC. MAKES NO WARRANTY THAT THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BIOEQUA, INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES, OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES, OR APP.
- YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE BIOEQUA APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE BIOEQUA APP.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIOEQUA, INC. OR THROUGH THE SITE, SERVICES, APP, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP. YOU UNDERSTAND THAT BIOEQUA, INC. DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES, OR APP, NOR DOES BIOEQUA, INC. VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE, SERVICES OR APP. BIOEQUA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES OR APP OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES, OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES, AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
: ADDITIONAL LIMITATIONS OF LIABILITY.
- IN ADDITION TO THE LIMITATION OF LIABILITY TERMS IN SECTION 14 TO THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP, AND COLLECTIVE CONTENT REMAINS WITH YOU AND THAT ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, STATEMENTS, TERMS AND CONDITIONS RELATING TO THESE TERMS THAT ARE NOT INCLUDED IN THESE TERMS ARE EXCLUDED.
- FOR SERVICES, SITE, OR APPS ACCESSED IN AUSTRALIA, NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY GUARANTEE, TERM, CONDITION, WARRANTY, RIGHT, OR REMEDY IMPLIED OR IMPOSED BY ANY STATUTE OR REGULATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, WHICH MAY INCLUDE THE AUSTRALIAN CONSUMER LAW.
- FOR SERVICES, SITE, OR APPS ACCESSED IN AUSTRALIA, IF ANY GUARANTEE, TERM, CONDITION, OR WARRANTY IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN OUR TOTAL LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION (i) IN THE CASE OF THE APP, THE REPLACEMENT OF THE APP, OR THE SUPPLY OF AN EQUIVALENT APPLICATION, OR THE PAYMENT OF THE COST OF REPLACING THE APP OR OF AN EQUIVALENT APP OR THE COST OF THE REPAIR OF THE APP (ii) IN THE CASE OF THE SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE COST OF HAVING THE SERVICE SUPPLIED AGAIN.
- AUSTRALIA: APPLICABLE LAW. The Terms are governed by the laws of the Province of Ontario and the laws of Canada. However, you additionally represent and warrant that you have all rights, licenses, consents, and releases that are necessary to grant to BIOEQUA, Inc. the rights in such Registered User Content, as contemplated under these Terms and that your Registered User Content, by means of using the Site, Services, or App does not violate the Australian Privacy Act 1988 (Cth), the New Zealand Privacy Act 1993, and any other Privacy Laws as stated in Section 6 of the Terms, to the extent they apply. If you accessed the Services, Site, or App in Australia, BIOEQUA shall consent to the application of Australian law in the event of a dispute regarding the application of the Terms if and only if a court in Ontario determines that not applying Australian law (i) creates a significant imbalance in the parties’ rights; (ii) is not reasonably necessary to protect BIOEQUA’s legitimate interests; and (iii) would cause detriment to the consumer. Under such a determination by a court in Ontario, any action arising under these Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Australian law, and you hereby accept and irrevocably submit to the jurisdiction of the courts of New South Wales and acknowledge their competence and agree to be bound by any judgment thereof.
, ARGENTINA,
PORTUGAL
, THE PRC, AND UZBEKISTAN: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.
AUSTRIA: NON-PROFESSIONAL USERS (CONSUMERS).
Austrian Law shall apply in any case where the Service, Site, or App is accessed by a consumer in Austria. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Austrian law and shall be submitted to the jurisdiction of the courts of Vienna.
AZERBAIJAN
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the Law “On the protection of consumer rights”. The limitation of liability clause is also not applicable to damages caused intentionally or by gross negligence.
AZERBAIJAN: NON-PROFESSIONAL USERS (CONSUMERS).
The Azerbaijan Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Azerbaijan. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Azerbaijan law and shall be submitted to the jurisdiction of the courts of Azerbaijan.
AZERBAIJAN
,
TURKEY
,
SPAIN
,
SWEDEN
, NORWAY, FINLAND, AND ICELAND: CONSENT FROM PATIENTS. If you are a resident of Azerbaijan, Turkey, Spain, Sweden, Norway, Finland, or Iceland, or of any another jurisdiction where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on BIOEQUA. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient is a child, consent shall be obtained from the patient’s parent or guardian.
BELARUS
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting from or in the damaging of the life, or health, or property of a consumer under the Consumer Protection Act N90-З of 9 January 2002.
BELGIUM
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the Belgian Product Liability Act of 25 February 1991. The limitation of liability clause is also not applicable to damages caused intentionally or by gross negligence.
PEOPLE’S REPUBLIC OF CHINA
: DISCLAIMER ON APP AND SITE. You acknowledge that, although BIOEQUA, Inc. develops the App and the Site independently, it is not able to conduct intellectual property clearance for the App and the Site as well as the Service in all jurisdictions. If the App, the Site, or the Service is found infringing, the sole liability of BIOEQUA, Inc. is that BIOEQUA, Inc. shall select, at its sole discretion, (i) to revise the App, the Site, and/or the Service to make them non-infringing; (ii) to seek a license to continue operating the App, the Site, and/or the Services; or (iii) to suspend the Service, in which case you shall uninstall the App and stop using the Site. Without prejudice to Section 18 of the Terms, you acknowledge that it is commercially and technically impossible for BIOEQUA to ensure that the programs comprising the App or the Site are free of error, defect, virus, or malicious code. Should any error, defect, virus, or malicious code be discovered or reported, BIOEQUA, Inc.’s sole responsibility is to use reasonable commercial efforts to remove such identified error, defect, virus, or malicious code.
FRANCE
: NON-PROFESSIONAL USERS (CONSUMERS). The French Consumer Law shall apply in any case where the Service, Site, or App is accessed by a consumer in France. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under French law and shall be submitted to the jurisdiction of the courts of Paris.
GERMANY
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under the German Product Liability Act. The limitation of liability is not applicable to damages caused intentionally or with gross negligence or by a negligent violation of pivotal contractual obligations, i.e. obligations whose fulfillment is a prerequisite for the orderly implementation of this agreement, the violation of which endangers the attainment of the contractual goal and the compliance of which the other side may regularly trust. In the latter case, liability is limited to damages which are typically foreseeable.
INDIA
: In addition to your obligations under these Terms, including your obligations under the Content Policy for Users, you agree not to host, display, upload, modify, publish, transmit, update, or share any information, whether through the App or by way of use of the Services, that:
- Belongs to another person and to which you have no right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophillic, libelous, invasive of another’s privacy, hateful, or racially orethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright, or other proprietary rights;
- Violates any applicable laws
- Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or is insulting to any other nation.
: NON-PROFESSIONAL USERS (CONSUMERS). Italian Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Italy. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Italian law and shall be submitted to the jurisdiction of the courts of Rome.
JAPAN
: NON-PROFESSIONAL USERS (CONSUMERS). The limitation of liability clause is not applicable in case of gross negligence or willful misconduct. Japanese Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Japan. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Japanese law and shall be exclusively submitted to the jurisdiction of the courts of Tokyo.
KAZAKHSTAN
: LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages to life, health, or property of the person, who used the services solely for consumer purposes, resulting out of defects of the services or incorrect or incomplete information about the services. The total liability of BIOEQUA, Inc. for breach of these Terms of Service shall be limited to the real damage, caused to you due to such breach. The limitation of liability is not applicable to damages caused intentionally.
LATIN AMERICA
: CONSENT FROM PATIENTS. If you are a resident of Argentina or of any another jurisdiction in Latin America where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on BIOEQUA. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient is a child, consent shall be obtained from the patient’s parent or guardian.
LEBANON
: The imperative provisions of the Consumer Protection Law No. 659 dated 4 February 2005 shall apply in any case where the Services, Site, or App is accessed by a consumer in Lebanon. By clicking on the “AGREE” or “I ACCEPT” button or accessing or using the Site, Services, or App, you are confirming your approval to have this Agreement, the Terms of Service, drafted in the English Language.
RUSSIAN FEDERATION
:
- NON-PROFESSIONAL USERS (CONSUMERS). If the Services, Site, or App is accessed by a consumer in the Russian Federation and the Law which is applicable under these Terms deprives a consumer of their rights, which are given by peremptory rules of the Russian Law, the Russian law shall apply.
- LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damage of the human body, life, or health. Furthermore the limitation of liability is not applicable in case of wilful misconduct.
- ADDITIONAL PROHIBITIONS. In addition to your obligations under these Terms, including your obligations under the Content Policy for Users, you agree not to host, display, upload, modify, publish, transmit, update or share any information, whether through the App or by way of use of the Services, that contain pornographic, abusive, extremist, or other materials prohibited by Russian law.
: DISPUTE RESOLUTION. If you accessed the Services, Site, or App in South Africa, BIOEQUA shall consent to the application of South African law in the event of a dispute regarding the application of the Terms if and only if a court in Ontario determines that not applying South African law (i) creates a significant imbalance in the parties' rights; (ii) is not reasonably necessary to protect BIOEQUA's legitimate interests; and (iii) would cause detriment to the consumer. Under such a determination by a court in Ontario, any action arising under these Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under South African law and you hereby accept and irrevocably submit to the jurisdiction of the courts of South Africa and acknowledge their competence and agree to be bound by any judgment thereof.
SPAIN
: NON-PROFESSIONAL USERS (CONSUMERS). Spanish Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Spain. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Spanish law and shall be submitted to the jurisdiction of the courts of Madrid.
TURKEY:
- LIMITATION OF LIABILITY. The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life, or health, nor to damages under Turkey's Product Liability Regulations. The limitation of liability is not applicable to damages caused intentionally or with gross negligence or by a negligent violation of pivotal contractual obligations, i.e. obligations whose fulfillment is a prerequisite for the orderly implementation of this agreement, the violation of which endangers the attainment of the contractual goal and the compliance of which the other side may regularly trust. In the latter case, liability is limited to damages which are typically foreseeable.
- NON-PROFESSIONAL USERS (CONSUMERS). Turkish Consumer Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Turkey. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Turkish law and shall be submitted to the jurisdiction of the courts of İstanbul.
:
- LIMITATION OF LIABILITY. The limitation of liability clause is not applicable in case of death or damage of health resulting from actions or omissions of BIOEQUA, Inc.
- NON-PROFESSIONAL USERS (CONSUMERS). Ukrainian Law shall apply in any case where the Services, Site, or App is accessed by a consumer in Ukraine. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Ukrainian law and shall be submitted to the jurisdiction of the courts of Ukraine.
- CONSENT FROM PATIENTS. If you are a resident of Ukraine or of any other jurisdiction where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on BIOEQUA. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient has died, such consent shall be received from the patient’s children, widow (widower) or in case of the absence of such relatives – the patient’s parents, sisters, and brothers.
: NON-PROFESSIONAL USERS (CONSUMERS). Uzbekistan Consumer Law shall apply in cases where a consumer in Uzbekistan accesses the Services, Site, or App. Any claim, dispute, or litigation from or against such consumer arising in relation to the validity, interpretation, or application of the Terms or any other agreement, document, or instrument contemplated herein, shall be adjudicated under Uzbekistan law and shall be submitted to the jurisdiction of the courts of Tashkent city.