Terms

Terms and conditions of use

Introduction

The use of the website https://www.docandu.com (hereinafter the “Website”) by the visitor/user (hereinafter the “User”) implies his/her unconditional agreement with the present terms of use, applicable to all content, pages, graphics, images, photographs and files included therein. The User is therefore required to read these terms before using the Website and if he/she does not agree with their content, he/she must abstain from using the Website. The User is advised to check these terms periodically for amendments. The continuing use of the Website, even after any amendments have been affected, implies the unconditional acceptance of these terms by the User. By accepting the present terms, the User declares that he/she is aged eighteen (18) or over. If the User’s age is less than eighteen (18) years but more than thirteen (13), he/she is entitled to use the services of the Website solely under the supervision of a parent or other person with parental responsibility. In any other case, the Owner is not responsible for this use. Use of this site implies agreement with the present terms of use.

1. Copyright

The entire content of this Website, including but not limited to texts, graphics, photographs, sounds, charts, illustrations, artwork, music, videos and computer code (hereinafter the “Content”), is the intellectual property of the company DOCANDU LTD (hereinafter the “Owner”) and/or companies of the group to which it belongs, unless otherwise specified, and is governed by national, European Union, and international copyright law.
The logos, names, brands, marks and trademarks (for goods and services) appearing on the Website, belong to the Owner, and/or companies of the group to which it belongs, and/or to persons mentioned as the owners of those rights on the Website, and are protected under the existing legislation on industrial and intellectual property. Other products or services mentioned on the Website and bearing third party marks are their own intellectual and industrial property and therefore such third parties bear the corresponding responsibility.

2. License Agreement

The Owner encourages the private use of the Website’s Content for personal and corporate access to information, and the use for educational or research purposes. It is strictly prohibited to store, reproduce, republish, transmit or distribute any part of the Content of the Website for commercial purposes or any other use that is not covered in the above paragraph.
The storage, reproduction, republication, transmission or distribution of registered trademarks and trademarks of partner organizations appearing on the Website, is strictly prohibited.

3. Disclaimers and Internet Liability Limitations

The Owner of the Website takes every necessary step to ensure that all Content and the information displayed on the Website are characterized by accuracy, clarity, completeness, timeliness and availability.
The content of the Website is “as is” and the Owner does not provide any warranty, express or implied, as to the completeness, correctness, timeliness, commerciality, non-infringement or appropriateness of this content for any use, application or purpose.
Under no circumstances, does the Owner guarantee and can therefore not be held anyhow liable, including negligence, for any kind of damage caused to the User from using the Website, which the User makes on his/her own the initiative and with knowledge of these terms.
Furthermore, the Owner assumes no responsibility for any possible damage restoration (positive damage or incurred loss) for Users of our Website or third parties on grounds related to the availability, the use of the Website, any failure of the Website to provide information or any unauthorized third-party interventions to information available through the Website.
Every possible effort is made for the smooth operation of the network, but in no case does the Owner guarantee that the operation of the Website or the servers will be uninterrupted or error-free, free of viruses and malicious third-party software, whether this pertains to the Owner’s Website, or to any other third website or server through which the Content is transmitted.
When the User sends information to the Website by completing the relevant online forms or sending an e-mail, the information must be provided correctly and accurately. The information provided is considered confidential and is transferred only to the person directly concerned and to the competent authority or authorities in case such use is inconsistent with the present and the applicable legislation in general.
It is also forbidden for the User to create false accounts and to collect and store personal data of other Users in any way. The Owner of the Website reserves the right to seek compensation for any damage caused by the breach of the above prohibitions by the User and to proceed with any relevant legal action, procedure and legal corrective extrajudicial or judicial measures
aimed at preventing a violation of the present terms.
No statement or post on the Website can be understood as constituting medical practice or medical care. In case the User relies on any of the information provided by the Website, he does so solely on his own responsibility. The information and presentations that may be provided on the Website express the personal opinions of their authors, are of exclusively informative and advisory nature and cannot substitute the diagnosis – treatment, clinical examination and advice of qualified medical practitioners.
The User should not rely on the information provided herein as a substitute for medical advice and treatment, nor do they in any way replace professional medical advice, examination, diagnosis and treatment. The User should not be neglected, avoided or delayed in making a medical contribution from a professional medical practitioner due to some information he may have read on the Website. Do not use the Website for emergency medical needs. If you have a medical emergency, call the local Emergency Telephone Number and/or contact your doctor immediately.
The Owner retains the right to modify the Website’s Content or services, as well as the terms of use, any time it deems necessary and with no prior warning, via a simple announcement on the Website.

4. Hyperlinks/links/advertisements

The creation of a hyperlink to the Website’s web pages is permissible as long as it is not used to mislead the consumer or cause damage to the image of the Owner or to the companies of the group to which it belongs and provided
it does not present the contents of the Website as part of another website (such as framing techniques). In addition, the use of the Owner’s logos and the logos of the group of companies to which it belongs, as posted on the Website https://docandu.com, is not permitted for the creation of a hyperlink to this Website without an explicit and written permission of the Owner.
The Website may contain advertisements from the Owner or third-party enterprises, as well as other material with promotional content, purpose, and character.
In the case of third-party advertisements, the Website Owner does not control the content of these advertisements and is therefore not liable towards the Users for the content of these advertisements in respect of any illegal acts or omissions, inaccuracies or inability to comply with laws and regulations of any country or the European Union in relation to the content of these advertisements. This liability lies solely with advertisers, sponsors and/or creators of the displayed promotional material.
The Website provides access to third party websites through appropriate links. These links are intended solely for the convenience of Users of the Site, and the websites to which they refer are subject to the respective terms of use of these websites. The existence of the links is not a sign of approval or acceptance of the content of the respective websites by the Owner, who does not bear any responsibility for their content nor about the privacy practices or the accuracy of the materials therein. The Owner has no control over web pages owned by third parties or their content, which are accessed or made available through this Website and as a result the Owner does not support, finance, advise or otherwise accept any responsibility for these web pages or their content. If the User decides to use any of the third-party websites through the links of the Website, he/she understands that he/she does so on his/her own responsibility.

Privacy policy

Welcome to the website https://www.docandu.com.

This website is controlled by Docandu Ltd (“Docandu” or “we”). This website privacy policy (the “Privacy Policy”) describes how we collect, use, transfer and disclose information relating to you (“Personal Information”) that we may obtain through this website. We process your Personal Information in compliance with the privacy and data protection laws in force in the European Economic Area and Switzerland.

1. Collection and Use of Personal Information

We process Personal Information for various purposes:

To provide a service requested by you
When you order products online we collect your identity, contact details, shipping information, payment information and other information necessary to execute the transaction. You can also create an account on our website to facilitate interactions with us.

To meet our business needs
You can visit this website without revealing much information about yourself. However, our servers automatically log technical data about visitors in order to render our website, for purposes of security, and for use in the analysis of the performance of our website.
The Personal Information we collect is also used by us for internal purposes such as improving our products and promotions, managing customer accounts, learning about our customers’ needs and contacting customers for research and informational purposes.
Finally, we may use your Personal Information in the context of a corporate transaction and to protect our rights or property, to enforce our terms of use and legal notices and for the establishment, exercise and defence of legal claims.

To meet our legal obligations
We process your Personal Information meet tax, accounting and other legal obligations, for example, in the context of commercial transactions. In addition, we process your Personal Information when required by law or compelled by court order or other binding decision.

With your consent
In some circumstances, we may seek your consent for the collection and use of your Personal Information. This will be the case, for example, for the use of certain cookies, for the use of your e-mail address or mobile phone number for advertising purposes, or when you subscribe to certain services (e.g., a regular newsletter). You will always have the possibility of withdrawing this consent.
In addition, you may voluntarily provide Personal Information including, where applicable, your name, contact information (phone number, email address and address), date of birth, job title, friend and family member names and contact information, hobbies, areas of interest, professional affiliations, brand and product preferences, source of referrals. To the extent you provide information about friends and family members, you agree to provide such individuals with this Privacy Policy and to obtain their consent to provide the information.
If you are under 16, you shall not provide us with Personal Information without first obtaining a parent’s or guardian’s consent or authorization.
We will not use or share your Personal Information for purposes unrelated to those described in this Privacy Policy without first notifying you and, where required, offering you a choice as to whether or not we may use your Personal Information in this different manner.

2. Sharing Information

We may share your Personal Information for the purposes mentioned above with:
• other entities of the Docandu group of companies;
• services providers in connection with the operation of this website and our company, including website hosting, the provision of technology-related services, payment processing and authorization, and promotional material distribution;
• public authorities, government regulators or other law enforcement officials and the courts, as required or permitted by law or when compelled by a binding order; and
• other third parties in connection with a corporate restructuring, sale or assignment of assets, merger, or divestiture of Docandu or any of our subsidiaries or affiliated companies.
When sharing your Personal Information with entities located in countries outside the EEA or Switzerland that do not provide for an equivalent level of data protection, we will put in place contractual guarantees in accordance with applicable data protection law. You can use the contact information below to request more information.

3. Data Security

We maintain appropriate technical, physical and organizational measures to protect Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no information security system can be 100% secure. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of the Personal Information against unpredictable loss or unauthorized access.

4. Your Rights

Subject to restrictions under applicable law, you have the right to request from us access, rectification, erasure, restriction and discontinuance of processing, and portability of your Personal Information and not to be subject to automated individual decision-making. Such requests can be addressed to the contact information below.

5. Data Integrity

We take reasonable steps to ensure that the Personal Information we collect is relevant for the purposes for which it is to be used and that the Personal Information is reliable for its intended use and is accurate, complete and current. However, in some cases we must rely on individual users to provide and maintain accurate Personal Information. You are responsible for making sure that your information is up-to-date and accurate when you provide it to us and where our services offer you the tools to maintain your information.

6. Retention of Personal Information

We will only retain Personal Information for as long as we are required to do so by applicable law(s), or for as long as necessary for the purpose(s) for which it is processed. We will delete Personal Information when it is no longer needed and, in any case, upon expiration of the maximum storage term set forth in applicable law.

7. Changes to This Privacy Policy

If we make any material changes to this Privacy Policy, we will post a revised link on the home page of the website that indicates “Revised Privacy Policy” or a comparable notification about the changes. You should check this website periodically to see if any recent changes to this Privacy Policy have been made. You can also tell if this Privacy Policy has changed recently by reviewing the Effective Date posted at the beginning of this Privacy Policy.

8. Links to Other Internet Websites

The privacy practices set forth in this Privacy Policy are for this website and other specified activities only. Other websites hosted by third parties may have different practices. If you link to or otherwise visit any other websites managed by third parties, please review the privacy policies posted on those websites. We have no control over those websites and are not responsible or liable for the policies and practices followed by third parties.

9. Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at [email protected]
If you have any concerns or complaints about our use of your Personal Information, you can contact our Data Protection Officer at [email protected]
If you think that your complaint has not been adequately addressed, you may have a right to lodge a complaint with the Supervisory Authority for privacy in your country.

DOCANDU App – End User License Agreement

This mobile phone application has been developed and is operated by Docandu Ltd, a company incorporated as private limited by shares, seated in the United Kingdom (hereinafter referred to as “Docandu”).

This End User License (“License”) is a legally binding agreement between the user of the application (the “User”) and Docandu, under which Docandu grants the User the ability to use the Docandu health application in an Android and/or iOS environment (the “Application”). The use of the Application is subject to the terms and conditions of this License, which includes uploading, accessing, browsing and using the Application.

By accepting the terms and conditions of the License, the User confirms that he accepts and agrees with this License and Docandu Privacy Policy. The Privacy Policy is incorporated by reference and defines the conditions under which Docandu processing personal data and other information as collected either by the User from a User-Contracted Healthcare Professional. By using the Application, the User provides explicit and unconditional consent to such processing and warrants that all data provided by him is accurate.

BY CLICKING ON “ACCEPT” BEFORE INSTALLING AND LAUNCHING THE APPLICATION, THE USER SOLEMNLY DECLARES THAT HE IS OVER 18 YEARS OF AGE AND HAS FULL CAPACITY TO UNDERSTAND THE TERMS OF THIS LICENSE AND TO MAKE USE OF THE APPLICATION, HIS ACT OF ACCEPTANCE BEING CONSIDERED AS AN ELECTRONIC SIGNATURE.

Although this Application has been developed to work in the smartphone environment of the Android (Google) and iOS (Apple) operating systems, it may not be fully compatible with all versions of such operating systems. Please check compatibility with your operating system before downloading and installing the Application. This Application is compatible with Bluetooth.

1. License. You can download the application software and related Docandu help documentation and install them on one or more mobile devices for use in conjunction with a range of smart biometric data capture devices (“Smart Devices”), including any tools, help documents and updates (collectively, the “Application”). The Application is licensed and not sold by Docandu. It is provided for use explicitly under the terms of this License and Docandu retains all rights not expressly assigned to the User. Docandu retains ownership of all rights, titles, royalties and interests in and for the purpose of the Application.

2. Authorized use and restrictions. Docandu grants you a non-exclusive right to use a single instance of the Docandu Application and all related help documents on a single mobile device. You may not distribute, rent or lease or otherwise transfer all or any part of the Application or help documents to any third party without the prior written consent of Docandu. You may not sublicense, distribute publicize, assign or transfer otherwise, or dispose of all, or any part of the rights assigned to you by Docandu under this Agreement, without a prior written consent of Docandu. If the Application is an update, any permitted use hereunder must include the update and all previous versions. You may not modify, adapt or translate the Application or the accompanying help documents. You may not alter or remove any copyright notices and other proprietary notices that appear on or within the Application or the accompanying help documents. It is not allowed to you and you will not allow a third party or assign to a third party to reverse engineer, decompile, disassemble or translate the Application.

3. Term of the License. If you fail to comply with any of the terms of this License, the License shall terminate with immediate effect and you agree that this constitutes a direct, irreparable damage to Docandu and its licensors, for whom monetary compensation would be an inadequate remedy, and that Docandu shall be entitled to a just and equitable compensation. Otherwise, the License will continue until the date you cease to use the Application, unless terminated earlier. Immediately after the termination of this Agreement, you, at your own responsibility and expense, must delete or destroy the entire Application immediately.

4. Improvements and updates. At times and at its sole discretion, Docandu may provide improvements, updates, or new versions of the Application to its then applicable terms and conditions. This License will apply to such enhancements and updates. This License shall be valid for the said improvements and updates.

5. Access to this Application. Although Docandu undertakes all reasonable measures to ensure the continuous and uninterrupted functioning of the Application, we do not warrant that this Application or any content therein shall be always available or uninterrupted and access to this Application is permitted on a temporary basis. We may suspend, revoke, interrupt or change all or any part of this Application without notice. We will not be liable to you if, for whatever reason, this Application is not available at any time or for any period. We will not be liable to you if, for whatever reason, this Application is not available at any time or for any period. You are responsible for making all necessary arrangements necessary to access this Application and you understand that there are inherent risks to software, hardware and internet connection that may cause interruptions or errors in the data being transmitted or displayed during the use of the Application, irrespective of the measures taken to limit or avoid such incidents. You are also responsible to ensure that all persons having access to this Application through your Internet connection are aware of and comply with this License and other applicable terms.

6. Creating an Account. As a User of the Application you are required to sign up and create an account to save the data you download through the Application. Your data will be stored in cloud computing and not exclusively on your mobile device. Data relating to the user ID, password, or any other information as part of our security procedures should be processed by the User as confidential. You should therefore not make them further available to any third party. The provision of services is subject to your agreement and in compliance with the terms of this License. You may only create one account per User and Docandu reserves the right to limit the number of devices associated with an account. You agree that satisfying these requirements falls under your responsibility and that you shall be responsible for entering and operating any Internet connections (charges may apply), supplies and computer hardware necessary to receive, access and use the services. You agree to use the services only as expressly stated herein. Docandu, as well as its affiliates and suppliers, hold all rights, titles and royalties in and for the purpose of the services. After signing up, you agree that the data you transmit using the Application is specifically related to you in person. You acknowledge and agree that the Application is designed and intended for personal use on an individual basis and you should not share your account and/or password with any other third party. If another person wishes to use the Application, that person should receive the Application directly on his device and agree separately and individually with the License and the terms herein. You are solely responsible for maintaining the confidentiality and security of your account and for all activities occurring on or through it. We may disable any user ID or password at any time if, at our reasonable discretion, you have not complied with any of the provisions of this License. Docandu is not held responsible for any losses resulting from or in connection with unauthorized use of your account. If you are aware of, or suspect that anyone other than you knows your ID or password, you must notify us at [email protected] promptly.

7. Use Restrictions. You agree to use the Application only for purposes permitted by this License, and only to the extent permitted by applicable law, regulations or generally accepted practice in the applicable jurisdiction. If your use of the Application or any other behaviour of yours deliberately or unintentionally threatens the ability of the Application to run smoothly and in an unobstructed manner, we may take all reasonable steps to protect the Application, which may include your suspension of access to the Application. Nothing contained in this License should be construed as transferring any interest, title or license to an Application account or similar resource used by you in connection with the Service. You agree that you will not reproduce, copy, reprint, sell, rent or market the Application (or any part thereof) for any purpose.

8. Use of Data. You retain the ownership of all personal data downloaded through the Application and stored in cloud computing and you are responsible for the content and accuracy of the data you provide to Docandu and for not violating any third party rights which may be included in these data. By using the Application, you grant to Docandu a worldwide, non-exclusive, royalty-free license to use, distribute, reproduce, modify, adapt, translate, access and maintain such data related with the Application, with the purpose of enabling the provision of services provided therewith. The user provides his consent to Docandu to store these data and use them for the purposes listed in the “Use of Data” clause.

9. Storing of Data. You agree not to use your account for:
(a) uploading, receiving, sending via e-mail, transmitting, saving or otherwise making available any information that is illegal, harmful, damaging, violating someone else’s privacy, or otherwise inadmissible; (b) pretending to be someone else or to giving a misleading impression of who you are, your age or sending data from someone else’s devices or harming someone else, or otherwise providing a misleading picture relevant to your relation with someone else, including minors (Docandu reserves the right to refuse or block any device or email address that could be considered as an impersonation or a misleading image of your identity, or misuse of the name or identity of someone else);
(c) uploading, receiving, emailing, transmitting, saving or otherwise making any data or other information available to any person under the age of 18;
(d) engaging in any copyright infringement or other intellectual property breach (including the downloading of any content for which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment or preservation agreement confidentiality;
(e) posting, transmitting, or otherwise making available any unauthorized e-mails, spam or chain letters, including, but not limited to, bulk commercial, promotional and informational announcements;
(f) uploading, posting, emailing, transmitting, saving or otherwise making available any material containing viruses or any other computing code, files or programs designed to harm, interfere with, or restrict the normal operation of the Application (or any part thereof), or any other software or computer hardware;
(g) intervening in or interrupting the Application (including access to the Application via any automated means such as scripts or web-crawlers) or any servers or networks associated with the Application; or (including any unauthorized access to, use or tracking of data or traffic of such data), and/or
(h) collecting and storing personal information about other Application Users for use in connection with any of the above-mentioned prohibited activities.

10. Intellectual Property. All data, documents, images and content published in this Application are the exclusive property of Docandu. You must not use any of the Application’s content for commercial purposes unless you have been authorized to do so by us or our licensors. Any license to use the above is granted provided that the relevant copyright notice and exclusive trademarks appear on all copies, that such data are used for personal purposes only, that they shall not be commercially exploited, that the information shall not be modified in any way and that all images acquired by the Application are only used in conjunction with the accompanying text. Docandu is the licensor or the franchisor of all intellectual property rights in this Application and the material posted to it, unless otherwise noted or otherwise perceived as third parties’ rights. These works are protected by copyright laws and treaties all over the world and any unauthorized use of these works is expressly prohibited. Without any prejudice to any legitimate right of Docandu.

11. Security copies. Docandu assumes no responsibility for maintaining / saving or backing up any information or data you produce using the Application. You are solely responsible for keeping, maintaining, saving and backing up (electronically and / or printed copies) any data you wish to retain for future or other use. In the case of access and disclosure of your personal health data to your physician through the Application, this information is encrypted and Docandu has no access to that information. If you choose to terminate your account, it may take us up to ten (10) days to delete your account, delete the information, render it anonymous or not leading to you. Unless otherwise required by law, you agree that your account is non- transferable. Upon receipt of a copy of a Docandu User’s Death Certificate, your account is deleted and all data contained in it is destroyed.

12. Non-dependence on information. Docandu collects general health information, according to our knowledge and belief, with professional diligence and awareness of the nature of the services hereby provided. We make every reasonable effort to expand and update this range of information on an ongoing basis. Information about this Application is for the sole purpose of Docandu’s public image, its products and services as well as for general information. They are not meant to be advices you can rely on. You should receive professional advice or expert advice before taking any decision and avoid any action based on the content in this Application. Docandu makes no representations and offers no guarantee (express or implied) that the content in this Application is accurate, complete or up-to-date. We, therefore, encourage you to check any information you receive from this Application before using it in any form. The information provided in this Application does not relieve you of the responsibility to carry out your own inquiries – especially of the safety data manuals and technical specifications – on our services too, with regard to their suitability for the intended purposes and processes. In case you need any advice or instructions regarding our products or services, please contact us directly. As Users of this Application, you declare that you agree to access the Application and its content at your sole discretion.

13. Privacy and Security. The Privacy Policy applies to the use of the Application, including all the data you transmit and the information displayed in the Application. By using the Application, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send or display using the Application may be read or intercepted by others, even if a particular transmission is encrypted. By using the Application, you provide your consent to us to collect and process technical information about your devices and related software, hardware and peripherals, based on the Internet or wirelessly, for Docandu to improve our products and services, and to enable us to provide you with a functional Application, readily available.

14. No medical advice. THE APPLICATION IS INTENDED ONLY FOR INFORMATION PURPOSES. THE APPLICATION IS NOT A SUBSTITUTE TO PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, THERAPY OR EMERGENCY INTERVENTION OR TRANSMISSION OF TIME-CRITICAL DATA. USERS SHOULD ALWAYS REQUIRE THE CONSULTATION OF THEIR TREATING HEALTH CARE PROFESSIONALS FOR ANY QUESTIONS CONCERNING THEIR MEDICAL CONDITION. YOU AGREE THAT THE APPLICATION MUST NOT BE USED FOR MEDICAL DECISION MAKING. USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY THEIR INQUIRY PURSUANT TO INFORMATION PROVIDED THROUGH THE APPLICATION.

The User must follow his treating health care professional as the Application is designed to help Users better manage their health status by their own means and resources.

AS A USER YOU ASSUME COMPLETE RESPONSIBILITY FOR THE USE OF THE APPLICATION AND FOR ALL DECISIONS BASED ON ANY INFORMATION PROVIDED OR APPEAR IN THE APPLICATION. THE USE OF THE APPLICATION IS EXCLUSIVELY UPON YOUR OWN RISK. NEITHER DOCANDU, NOR ANY OF ITS AFFILIATES OR LICENSORS THEREOF, IS RESPONSIBLE OR BEAR LEGAL LIABILITY FOR ANY DIAGNOSIS, DECISION OR ASSESSMENT MADE BY A USER OR FOR ANY INJURY WHICH MAY BE SUFFERED BY A USER AS A RESULT OF ANY DECISION TAKEN UNDER INFORMATION PROVIDED UNDER OR APPEAR IN THE APPLICATION, OR OTHER CONTENT AND DOCUMENTS OF THE APPLICATION.

15. Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF APPLICATION IS PERFORMED BY YOUR SOLE RISK AND THAT YOU RESUME THE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. THE INSTALLATION OF THE APPLICATION MAY AFFECT THE USE OF THIRD PARTY APPLICATIONS. THE APPLICATION IS PROVIDED AS IS, AND THE SERVICE AS AVAILABLE, WITH ALL ERRORS AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD AND FALSE DECLARATION. DOCANDU, ITS AFFILIATED COMPANIES, ITS SUPPLIERS, LICENSORS AND AGENTS DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EITHER EXPRESS, IMPLIED OR STATUTORY THAT MAY APPLY FOR THIS APPLICATION OR ANY INFORMATION DISPLAYED OR CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, FUNCTIONALITY, ERROR AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

16. Limited Liability. Nothing in this License excludes or limits our liability for death or personal injury resulting from our negligence or fraud or false declaration or any other liability that cannot be excluded or limited by law. Except as otherwise permitted under applicable law, it is expressly stated that Docandu, its affiliates, directors, officers, employees, suppliers, licensees or their representatives will not in any way be liable for any loss or damage (including negligence), breach of statutory duty or otherwise, direct or indirect, foreseeable or unintended, whether ordinary or not, or consequential, arising out of or in connection with:
• use or inability to use this Application or
• use or trust in any content appearing in this Application,
except if the damage has been caused by Docandu on purpose or due to gross negligence.

This Application is intended only for home and private use. You agree not to use this Application for any commercial or professional purposes and we assume no liability to you for any loss of profit, loss of business, business stoppage, business opportunity or business information, and neither affiliates, suppliers, licensees or agents of Docandu can be legally liable for any incidental, exemplary, consequential, criminal, special or indirect damages of any kind.
Affiliated companies, suppliers, licensees or representatives of Docandu will not be held responsible for any loss or damage caused by a virus, a distributed denial-of- service attack or other technologically harmful material that may infect your mobile device, your tablet computer, or other computer equipment, computer programs, data, or other proprietary material caused by the use of this Application or the downloading by you of any content in it or by any website linked to it, nor any act or event beyond our reasonable control, including the failure of telecommunications networks, except in case of gross negligence or Docandu’s willful misconduct.

SUBJECT TO ANY DAMAGES YOU MAY INCUR, THE ENTIRE LIABILITY OF DOCANDU, AFFILIATED COMPANIES, SUCCESSORS, LICENSEES, SUPPLIERS
OR AGENTS, UNDER ANY PROVISION HEREIN AND YOUR EXCLUSIVE LEGAL REMEDIES, SHALL BE LIMITED TO THE REPAIR, OR, INCLUDING, BUT NOT LIMITED, THE REMEDY OF ANY DEFICIENCY OF THE APPLICATION, EVEN IF THIS DAMAGE WAS PREVENTED OR TAKEN INTO ACCOUNT BY THE PARTIES. NO REFERENCE TO THIS CLAIM EXCLUDES ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED OR WHICH IS MADE AVAILABLE TO ANY USER PURSUANT TO THE NATIONAL LAW OF THE USER’S RESPECTIVE COUNTRY.

17. Linked website access rights. Please note that you are required to protect your access rights from unauthorized use by third parties and that you must ensure that they cannot be used by others without your permission. You must immediately notify Docandu if you are informed that security has been breached with respect to any details available in the Application or if unauthorized persons have acquired your access rights or if you have identified any indications that such access might be possible.

18. Websites through third-party links. Docandu assumes no responsibility for the content of websites linked through this Application. These links should not be construed as endorsements by us for these linked sites and Docandu will not be liable for any loss or damage that may result from their use.

19. International users. Please be aware that the Application may not be available to users in some countries due to regulatory restrictions. If you try to download the Application or reside in a country where this application is not approved for use, you will not be able to download the Application. The provision of the services mentioned in this Application may vary, depending on the country in which use is attempted. Docandu makes no representations or guarantees (express or implied) that all services provided are provided in the same number or under the same conditions in different regions or countries, as these services may be subject to different regulatory compliance requirements. If you attempt to download or use this Application in a country or region, where it is not approved for use, you do so at your own risk and Docandu shall not accept any liability for such use.

20. Compensation. You agree to indemnify, defend and hold harmless Docandu, its affiliates and their respective officers, directors, employees and agents against any claims, legal liabilities, damages, costs and expenses (including attorneys’ and experts’ fees) arising out of any of them in respect of any breach of this License by you or other members of your close environment or organization or otherwise in connection with the use of the Application by you or them.

21. Trademarks. The distinctive name “Docandu” and any other trademarks used in connection with this Application are registered trademarks of Docandu. You agree not to display or use in any way such trademarks without the prior written permission of Docandu.

22. Amendments to this License. If we revise this License, you will be provided the opportunity to accept the new terms and conditions. If you agree, then the revised License will apply to the use of the Application by you, as the new terms and conditions are binding on you. We may update this Application from time to time and we may change its contents at any time. However, please note that any content in this Application may not be updated at any time and we have no obligation to update it. We do not warrant that this Application or any content in it will be free of errors or omissions.

23. General Terms. This License constitutes the entire agreement between you and Docandu regarding the Application and takes precedence over all previous proposals, negotiations, discussions and agreements between you and Docandu on the Application. Nothing contained in this License should be construed as creating a doctor-to-patient relationship, co-operation, factoring or employment relationship between you and Docandu. Upon termination of this License for any reason, Sections 8, 10, 12, 13, 15, 16, 20, 21 and 26 will survive with full force and effect. The waiver or omission of exercise in any respect of any of the rights provided in this License shall not be deemed a waiver of any further right under this License. If any provision of this License is ultimately ruled to be unlawful, void or unenforceable for any reason, then such provision shall be deemed to be separate from this License and shall not affect the validity and enforceability of the other provisions. This License is personal to the User and may not be transferred, assigned, sub-licensed or revised for any reason. Any translation of this License is made for local needs and in the event of a conflict between the English version and any non-English versions, the English version will prevail. We may transfer our rights and obligations under this License to another legal entity, which will not in any way affect your existing rights or our obligations under this License.

24. Taxes and duties. You will be responsible for payment of all taxes, duties or levies that may be levied now or in the future by any authority following acceptance of the terms contained herein regarding for the procurement, use or maintenance of the Application and / or any use of the Application, as well as with taxes, duties or charges relating to the connection and use of the Internet and if any of the above taxes, duties or contributions are paid at any time by Docandu, you will indemnify Docandu fully and at its request.

25. Assignment. Docandu may assign, transfer, revise or sub-assign any or all of its rights or transfer any or all of its obligations under this License without prior written consent if such assignment and / or an assignment is made to a company affiliated with Docandu, or to any special or universal successor of Docandu, through the purchase of part or all of its assets.

26. Applicable Law and Jurisdiction. This License, its subject matter and its configuration are governed by and construed in accordance with Greek law, without contravening the provisions of conflict of laws. This License is not governed by the United Nations Convention on the International Sale of Merchandise, the application of which is expressly excluded. The courts of Athens have exclusive jurisdiction in
any dispute that may arise as a result or in connection with this License.