Please read these Terms carefully before using the Device, Site, App or the Services. By accessing or using the Device, Site, App and Services, by clicking “I accept” or by installing or downloading the App on your mobile device, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, please refrain from using the Device, Site, App or the Services.
- What We Do
- Registration and User Account
- User Generated Content
- Use Restrictions
- Third Party Services
- Termination or Suspension
- No Medical Advice
- Limitation of Liability
- Intellectual Property
- Trademarks and Trade Name
- App Usage Rules
- Changes to the Site or App
- General Terms
What We Do
iUFlow™ is a platform that enables you to measure and track your urinary activities using the iUFlow Device (the “Device”) which connects to your mobile device, allowing you to monitor your urinary activities when used in conjunction with the App and to share such information with third party medical providers, including but not limited to clinics, insurance providers, hospitals or other healthcare professionals as part of the relevant Services.
The Site and App also include information regarding Company as well as content such as contact information, videos, text, logos, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and App, algorithms, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and App (collectively, “Our Content”). All rights in and to Our Content made available on the Site and App are reserved to Company.
Your Registration and Your User Account
You are required to create an account in order to use the Services (the “Account”). Registration can be done by completing the registration process in the Site or App.
Your Account is personal and may be used only by you. Any registration is solely for you and you may only use one single Account. You may not use the accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
You may not use a user name that is misleading, or includes any inappropriate language. We reserves the right to reject any such user name and prevent the creation of an Account with such user name.
By providing us with your information
you hereby give us (or a third party on our behalf) permission to charge your
payment card for any payment you owe us. You further allow us to contact you,
using information you submitted through your Account, in connection with
arranging to provide Services and payment for such Services, providing customer
service and support, or for any other business purpose, via any one of the communication
channels provided by you, including, but not limited to, through phone calls,
text messages, emails and letters.
By creating an Account you hereby agree: (i) that the information you provided to create your Account is accurate and complete.
You acknowledge and agree that the user ID and password (the “Account Credentials”) provided is used to confirm whether Users accessing and using our Device, Site, App or Services are authorized to do so.
Maintaining the confidentiality of your
Account Credentials is solely your responsibility, and you are solely
responsible for any activity performed by any use of your Account Credentials.
In order to protect the security of your information available on your Account
to the greatest extent possible, you must safeguard, and not disclose, your
Account Credentials to anyone, and you must supervise the use of your Account.
Please notify us immediately at [ contact us page ] if you become aware that
your Account is being used without authorization or of any other breach of
security. We strongly recommend having a complex password, to be kept secured
at all times.
You are also encouraged to change your password regularly.
You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any User Content (as defined below) uploaded to your Account.
User Generated Content
Throughout our Site, App or Services you may be able to input certain information in conjunction with the Device or submit, share and upload information, messages, comments, posts, text, photographs, data and other materials (collectively, the “User Content”).
You represent and warrant that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions to use such User Content and that such User Content does not infringe any third party’s intellectual property, privacy, publicity or other rights. You shall have the sole responsibility for the legitimacy, accuracy and legality of any User Content you submit to us.
You confirm and agree that your User Content is complete and accurate and accurately reflects your use of our Services. You are solely responsible for your User Content and the consequences of posting or publishing it. We will not bear any liability for any loss, damage, cost or expense that you or any third party may suffer or incur as a result of, or in connection with, uploading any User Content. You agree that you will not post or upload any User Content which is unlawful, defamatory, offensive, fraudulent or which gives rise to civil liability or is otherwise inappropriate or false.
We have no obligation to screen, edit or monitor any of your User Content, and we explicitly reserve the right to remove and/or edit any User Content on the Site and App at any time without notice, and for any reason, and you are solely responsible for creating backup copies of your User Content at your sole expense. We may, at our sole discretion, terminate Accounts or remove User Content from the Site and App if we determine, or suspect, that those Accounts or User Content violate these Terms.
You acknowledge and agree that you may not (a) make available or use the Site, App or Services for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Site, App or Services, or exploit such Site, App or Services for any commercial purposes; (c) use any Services, or any Third Party Services (as defined below), to store or transmit any illegal, immoral, unlawful and/or unauthorized materials or interfere with or violate a third party’s rights to privacy and other rights, or harvest or collect personally identifiable information about third parties without their express consent; (d) use the Site, App or Services, or any Third Party Services (as defined below), to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (e) interfere with or disrupt the integrity, performance or operation of the Site, App or Services, or any part thereof; (f) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Site, App or any Services; (g) use or take any direct or indirect action that imposes or circumvents any usage limits; (h) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble any portion of the Site, App or Services, or any material that is subject to our proprietary rights or use any of the foregoing to create any software or service similar to the Site, App or Services; (i) use any User Content of any user or other third party appearing on or through our Site, App and Services, without our prior written consent; and (j) misrepresent or impersonate any person or provide inaccurate User Content. Any breach of the Terms by you, as shall be determined in our sole discretion, may result in the immediate suspension or termination of your Account, with full reservation of all of our rights and remedies.
Refund and Cancellation Policy.
If we determine, in our sole discretion, that you are using the test strips, or any other Company products or Services in a misleading, fraudulent or deceptive manner, you hereby agree and acknowledge that we may suspend or cancel your membership at any time.
Third Party Services
We or third parties may offer you third party services as part of the Services (the “Third Party Services”).
Your use of the Third Party Services is subject to such terms and conditions and specifications offered by each provider of Third Party Services. You acknowledge that Kesem is not the author, owner or licensor of any Third Party Services, nor it responsible for or endorse any Third Party Services. Kesem shall provide the Third Party Services “as is” and make no representation or warranty with respect to them. Implied warranties of fitness for a particular purpose, satisfaction and merchantability are hereby disclaimed and shall not apply. The entire risk as to the quality and performance of the Third Party Services is borne solely by you. Your sole recourse in the event of any dissatisfaction with any Third Party Services is to stop using such Third Party Services.
KESEM IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. BY USING THIRD PARTY SERVICES YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST KESEM FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THIRD PARTY SERVICES.
Termination or Suspension
If you wish to terminate your engagement with us you may do so at any time for any reason or without reason by ceasing use the Site, App and Services and by deleting your Account. Deleting your Account can only be done by sending an email directly to [email protected] with a specific request which will require us to authenticate the request. Thereafter you shall not be able to use your Account and any of the Services until you renew your registration to the Site and App.
Deleting your Account may cause the loss of certain information and data, including User Content, and/or the capacity of your Account. We do not accept any liability for such loss.
Termination of your Account shall not relieve you of your obligations to pay amounts accrued or owing, nor affect any legal rights or obligations which may have arisen under these Terms prior to, or at, the date of termination. We may terminate, limit or suspend your access to all or any part of your Account, or our Services under these Terms at any time, with or without cause, or with or without prior notice, effective immediately, and such termination may result in the destruction of all information and data associated with your use of your Account and Services under these Terms.
Upon termination of your Account: (i) all rights granted to you hereunder will automatically terminate, and (ii) you must immediately cease all use of the App, Site and Services under these Terms. All Sections of these Terms which by their nature are meant to survive, shall survive termination of these Terms.
No Medical Advice
The App, Site and Services, including, but not limited to, content, such as text, graphics, images, and information obtained from the App, Site and Services and its licensors, are not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a qualified healthcare provider. The App, Site and Services are intended to help individuals with their urinary and bladder management. They are intended for use only with the iUFlow™ Device and the App. The information provided by the App, Site and Services cannot be the basis for diagnosis of any medical condition or therapy. You are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMEMT. THE SITE, APP AND SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS AND MEDICAL HISTORY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE APP, SITE AND/OR SERVICES.
Materials and contents provided as part of the App, Site or Services are intended to assist you in understanding your health. Reliance on any information provided through the App, Site and Services is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any materials, contents, product, information, ideas, or advice contained in the App, Site or Services.
You further acknowledge that certain services provided through the App, Site and Services, including any notifications, depend on information that you input into the Site or App. We do not recommend or endorse any drug or product, and notifications are not guidance regarding dosing information. The provision of notifications, reminders or alerts with respect to any drug or product is not a recommendation or endorsement. The absence of a notification, reminder, warning and/or alert does not, and should not, be construed to indicate that any activities, food, drugs or other health recommendations are appropriate or effective.
THE DEVICE, SITE, APP, SERVICES AND OUR CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DEVICE, SITE, APP, SERVICES AND OUR CONTENT, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO, AND DISCLAIM ANY, WARRANTY THAT THE DEVICE, SITE, APP, SERVICES OR OUR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO, AND DISCLAIM ANY, WARRANTY REGARDING THE QUALITY OF THE DEVICE, SITE, APP, SERVICES OR OUR CONTENT, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSES OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE DEVICE, SITE, APP, SERVICES OR OUR CONTENT.
WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE DEVICE, SITE, APP AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE DEVICE, SITE, APP AND SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE DEVICE, SITE, APP OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
NO CONTENT PUBLISHED ON THE DEVICE, SITE OR APP, OR THROUGH THE SERVICES, CONSTITUTES A RECOMMENDATION, ENDORSEMENT OR OPINION OF COMPANY. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH US OR WITH ANY PERSON OR ENTITY WITH WHOM YOU MAY COMMUNICATE, INTERACT OR ENGAGE AS A RESULT OF YOUR USE OF THE DEVICE, SITE, APP AND/OR SERVICES. YOU AGREE AND CONFIRM THAT WE DO NOT, AND DO NOT INTEND TO, MAKE ANY INQUIRIES OF ANY USER, PERSON OR ENTITY OR VERIFY THE INFORMATION ANY USER, PERSON AND/OR ENTITY SUBMITS OR PROVIDES WHILE USING THE DEVICE, SITE, APP AND/OR SERVICES. YOU AGREE TO TAKE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSON OR ENTITY WHETHER MADE ON-LINE OR OFF-LINE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE DEVICE, SITE, APP, SERVICES, OUR CONTENT AND/OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, USE OR ACCESS TO (AND LACK THEREOF) THE DEVICE, SITE, APP, SERVICES AND/OR USER CONTENT. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU AND/OR ANY THIRD PARTY.
YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE DEVICE, SITE, APP AND/OR SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS AND/OR LIABILITY RELATING IN ANY WAY THERETO.
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including, without limitation, reasonable attorney’s fees, that arise from or relate to (i) your access, use or misuse of the Device, Site, App and/or the Services, including, without limitation, with respect to your User Content and any other information you submit, post or transmit through the Site, App and/or the Services, (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, or (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Device, Site, App, Service and/or Our Content. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Company in connection therewith.
Subject to the limited rights expressly granted hereunder, we and our licensors and third party providers, as may be applicable, reserve all rights, title and interest in and to the Device, Site, App and/or Services and Our Content, including all related intellectual property rights therein. No rights are granted to you hereunder other than as expressly set forth herein. Nothing in the Terms constitutes a waiver of the Company’s intellectual property rights under any law.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Device, Site, App and Services (“Feedback”). You may submit Feedback by email to [email protected] You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
Trademarks and Trade Name
“Kesem Health” and “iUFlow™”, and any of Company’s marks and logos and all proprietary identifiers used by us in connection with the Device, Site, App and/or Service are our trademarks, service marks and trade names of Company, whether or not registered. No right, license, or interest to such marks is granted hereunder. Other names that are mentioned on the Device, Site and/or App or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.
Since you are downloading the App from a third party platform, service provider or distributor (“Provider”) your use of the App may also be governed by usage rules which the Provider may have established and which relate to your use of the App (“Usage Rules”). In addition to the Usage Rules specified below, it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.
App Usage Rules
The following applies to you if you downloaded the App from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) these Terms are concluded between you and Company only, and not Apple; and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty or obligation whatsoever with respect to the Application and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Company, to the extent applicable. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Device, Site, App, Our Content and/or any of the Services, without notice, at any time. You agree that your continued use of the Device, Site, App and/or Services following such modifications constitutes your acceptance of such modifications. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Device, Site, App, Services and/or Our Content included therein.
Changes to the Site or App
If Company supplies to you any updates, upgrades and any new versions of the App according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and these Terms will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such updates. For clarity, Company has no obligation to provide updates.
These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. These Terms are not intended to, and shall not, be construed to give any third party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to, or in connection with, any agreement or provision contained herein or contemplated hereby. We may assign this Agreement in whole or in part at any time without notice. You may not assign your rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so shall be null and void. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms. These Terms will be governed by the laws of the State of Victoria, Australia. You agree that the courts located in Victoria, Australia will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate. Unless a specific agreement is signed by and between you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and us, its provisions shall supersede the provisions of these Terms.
If you have questions regarding our Terms, please contact us at: [contact page]
Last updated April 20, 2020
All rights reserved, Kesem Health Pty Ltd