These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Breast Cancer Club” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Mobile Application developer (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
You must be at least 16 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (collectively, “Content”) that you submit in the Mobile
Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all
submitted Content. We may, but have no obligation to, monitor and review the Content in the Mobile
Application submitted or created using our Services by you. You grant us permission to access, copy,
distribute, store, transmit, reformat, display and perform the Content of your user account solely as
required for the purpose of providing the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove
any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or
objectionable. Unless specifically permitted by you, your use of the Mobile Application and Services does
not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you
or stored in your user account for commercial, marketing or any similar purpose.
You agree that before posting or uploading your Content you are responsible for obtaining all releases,
consents and/or licenses necessary for uploading your Content on to the Mobile Application and for any
subsequent use of that Content by us in accordance with terms and conditions provided for in this
Agreement.
You agree that your Content must be accurate when it states facts and be genuinely held where it states
opinions. You agree your Content must not:
- contain any material which constitutes or encourages conduct that could be considered a
criminal offence, give rise to civil liability, or otherwise be contrary to the law.
- contain any material which is defamatory.
- contain any material which is obscene or offensive.
- infringe any copyright, database rights, trademark or other intellectual property right or other
right of any other person.
- be likely to deceive any person.
- be made in breach of any legal duty owed to a third party such as a contractual duty or
obligation of confidentiality.
- be likely to harass, upset, embarrass, alarm or annoy any other person.
- be likely to disrupt our service in any way.
- give the impression it emanates from us where this is not the case.
- advocate, promote or assist any unlawful act, for example copyright, trade mark infringement,
or computer misuse.
- does not infringe any copyright, trademarks, rights of privacy/confidentiality, publicity or other
intellectual property or other rights of any other person or entity.
- does not contain any information about any person(s) under the age of 16 unless you are
either their parent or legal guardian, or have signed permission from their parent or legal
guardian.
- does not contain malicious code, viruses or other harmful programmes or material.
- does not violate any applicable law, statute, ordinance, rule or regulation.
We are not responsible for the Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Material on the Mobile Application is provided 'as is' and for information purposes only. Whilst every care is taken in compiling the information on the Mobile Application, we do not make any warranties or representations as to its accuracy or reliability. We may make changes to the Material on the Mobile Application at any time without notice. Certain information on the Mobile Application may contain typographical or other errors or be out of date, and we make no commitment to update such information. We and any third parties referred to on the Mobile Application assume no responsibility for how you use the information provided through the Mobile Application.
Any medical information referred to in or through the Mobile Application is given for information purposes only and it is not intended to constitute professional advice for medical diagnosis or treatment, to replace consultation with a qualified medical practitioner, or to advocate or recommend the purchase of any product or to endorse or guarantee the credentials or appropriateness of any health care provider. You are strongly advised to consult with an appropriate professional for specific advice tailored to your situation.
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
While we try to ensure that the Mobile Application is available 24 hours a day, we shall not be liable of any reason the Mobile Application is unavailable or not working at any time or for any period. Access to the Mobile Application may be suspended temporarily and without notice in the case of system failure, maintenance, or repair for reasons beyond our control.
Posting personal information on the Mobile Application means your information is publicly accessible. We strongly recommend that you avoid disclosing personal information that could be used to identify you (such as name, age, address, or name of employer).
Neither we, nor any other party involved in creating, producing, maintaining or delivering the Mobile
Application and Services, will be liable for or any amount or kind of loss or damage that may result to you
or a third party including without limitation any loss of income, profits, goodwill, data, contracts, use of
money, or loss or damages arising from or connected in any way to business interruption, whether in tort,
contract or otherwise (including without limitation negligence) in connection with:
- your use of the Services and/or Mobile Application
- any reliance placed by you on the completeness, accuracy or existence of any Content or any
other written or oral opinions, advice or information provided, including but not limited to
advertising or as a result of any relationship or transaction between you and any third party
who is in any way associated or appears on the Mobile Application
- the availability of the Services
- any changes that we make to the Services or any permanent or temporary cessation of the
provision of the Services or any features thereof
- viruses that may infect your computer equipment, software, date or other property on account
of your access to, use of the Mobile Application or your downloading of any material from the
Mobile Application or any websites or other applications linked to the Mobile Application.
- the deletion of, corruption of, or failure to store any Content and other communications or
data maintained or transmitted by or through your use of the Mobile Application or the
Services
- your failure to provide us with accurate account information or your failure to maintain your
account or secure your account details including but not limited to your password, and you
agree that this is a proper allocation of risk in the circumstances and will apply whether you
have advised us or we should have been aware of the possibility of any such loss or
damages
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services. This terms and conditions policy was created with the help of WebsitePolicies.com
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: gazalkamal@gmail.com