BSURE MEDICAL BV: GENERAL DISCLAIMER AND DELIVERY TERMS AND CONDITIONS OF THE SERVICES
(VERSION INT. LAST AMENDED: MAY 25, 2022)
PLEASE NOTE: AT DATE OF PUBLISHING THESE DELIVERY TERMS AND CONDITIONS, THE TEST CAN ONLY BE PURCHASE ONLINE IN THE NETHERLANDS YET. PLEASE CONTACT email@example.com FOR FURTHER INFORMATION ABOUT IF, HOW, WHEN AND/OR WHERE YOU COULD PURCHASE THE TEST (COMING SOON TO OTHER COUNTRIES)
PLEASE READ THIS LEGAL AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE GENETIC TESTING AND ANALYSIS ("THE SERVICES") PROVIDED BY BSURE MEDICAL, BV ("Bsure"). BY CHECKING THE TERMS AND CONDITIONS BOX OF THE SERVICES WHEN SIGNING UP THE ACCOUNT AND/OR PURCHASING THE TEST OR OTHERWISE AGREEING TO THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU AGREE TO HAVE READ, UNDERSTAND AND ACCEPTED TERMS AND CONDITIONS OF DELIVERY. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES PROVIDED BY BSURE MEDICAL BV.
THIS AGREEMENT GOVERNS THE TERMS AND CONDITIONS FOR THE SERVICES DESCRIBED HEREIN THAT ARE PROVIDED BY BSURE MEDICAL THROUGH THE www.bsuremedical.com WEBSITE ("THE SITE") AND AFFILIATE CLINICS.
BY ACKNOWLEDGING THAT YOU AGREE TO THE TERMS OF AN ELECTRONIC COPY OF THIS AGREEMENT, YOU RECOGNISE THAT YOU HAVE BEEN INFORMED BY THIS AGREEMENT OF THE CONTENT OF THE SERVICES PROVIDED BY BSURE MEDICAL AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ALL TERMS AND CONDITIONS. THIS AGREEMENT APPLIES TO ANY INDIVIDUAL OR ENTITY USING THE SERVICES, IN ITS OWN OR IN THE NAME AND ON BEHALF OF ANY OTHER INDIVIDUAL OR ENTITY. YOU AGREE THAT THIS AGREEMENT IS EQUAL TO ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
YOU AND BSURE MEDICAL MAY ALSO BE INDIVIDUALLY REFERRED TO HEREIN AS A "PARTY" AND JOINTLY THE "PARTIES". YOU AGREE TO USE THE SERVICES AND ANY OTHER ADDITIONAL OR RELATED SERVICES PROVIDED BY BSURE MEDICAL ONLY IN ACCORDANCE WITH THIS AGREEMENT.
1. REQUIREMENTS TO USE THE SERVICES
By using the Services, you represent and warrant to Bsure Medical that you:
- are of legal age to enter into a binding contract with Bsure Medical and agree to these Terms and Conditions of Service and Delivery, and that you
- not be excluded from any applicable law to do so or to receive the Services in the jurisdiction where you reside or where you use them.
You must be 18 years of age or older to submit a saliva sample or DNA data (“the Sample”), to register with Bsure Medical or to purchase the Bsure Medical Filler DNA Test (see below) . If you do not meet these requirements, you may not use the services.
2. ADDITIONAL TERMS AND CHANGES TO THE SERVICES
Bsure Medical reserves the right, at any time, without notice or liability and in its sole discretion, to revise, update, change or modify the Terms and Conditions contained in this Agreement. The latest version of this Agreement will be posted on Bsure Medical's site. Any changes to these Terms and Conditions will be effective immediately from the date of posting. If you use the Services after a change has been made to these Terms and Conditions, you will be deemed to have accepted the change. You should regularly check the Site for updates and/or changes.
Bsure Medical reserves the right to withdraw or amend the Services or any portion thereof in its sole discretion without notice. If the Services or any part thereof are unavailable at any time, for any period and for any reason, Bsure Medical shall not be liable for this.
3. DESCRIPTION OF THE SERVICES
Subject to your compliance with the Terms and Conditions of this Agreement, the Services include the following features and functions related to genetic testing, analysis, and interpretation:
- Selection of a Medical Professional : When you purchase the Bsure DNA Test for Fillers, you are required to select one of the BSure Affiliated Medical Professionals. The selected affiliate medical professional will provide you with the results of the test and will assist you if you have further questions after receiving the results (in person or by phone, email or video conference).
- DNA analysis . Bsure Medical collects, analyzes and stores only the data necessary to determine your genetic predisposition to late-onset immune-mediated side effects to fillers. Your DNA sample will only be analyzed to determine the presence of two specific genes that, according to the scientific research and patent on which the Bsure Medical DNA Test for Fillers is based, can lead to the above-mentioned filler side effects. Genetic advice or advice is expressly excluded from the scope of the Services provided by Bsure Medical. The procedure for obtaining the sample is carried out by yourself, by your legal representative or by an affiliated medical professional on a case-by-case basis according to the instructions from Bsure Medical.
- Interpretation and liability. Bsure Medical only determines the presence of the two genes, but does not diagnose or interpret them. The result (the presence of the two genes) and its diagnosis or interpretation will be provided by the affiliated medical professional you select when you register and purchase the Bsure Medical Filler DNA Test on Bsure Medical's site. You acknowledge that Bsure Medical is not responsible or liable for the content, quality, interpretations or recommendations of the affiliated medical professional. Bsure Medical assumes no liability, obligation, or responsibility in connection with any transactions between you and any affiliated medical professional. These transactions are entirely at your risk, that is, yours and the affiliated medical professional.
- Processing and storage. Your sample will be sent to and analyzed by the Fagron Genomics laboratory in Terassa, Barcelona (Spain). Fagron Genomics is part of the multinational company FAGRON BV, a pharmaceutical company headquartered in Rotterdam, the Netherlands.
- Bsure Medical site . Bsure Medical has a site (www.bsuremedical.com) where you can find information on where to purchase the Bsure Medical DNA Test for Fillers and contact an affiliated medical professional, and learn more about fillers and related treatments (NOTE: ONLY IN THE NETHERLANDS THE TEST CAN BE PURCHASED ONLINE AT DATE OF PUBLISHING THIS DELIVERY TERMS AND CONDITIONS).
4. REGISTER AND PURCHASE THE SERVICES
NOTE: AT DATE OF PUBLISHING THIS DELIVERY TERMS AND CONDITIONS, THE TEST CAN ONLY BE PURCHASED ONLINE IN THE NETHERLANDS YET. PLEASE CONTACT BSURE firstname.lastname@example.org IF YOU WANT TO BE INFORMED ON THE TEST AND/OR IF, HOW AND WHERE YOU COULD PURCHASE IT.
As a condition of using and accessing the Services and to purchase the Bsure Medical DNA Filler Test, you must register on the Site and create a Bsure Medical account by entering an email and password. To create a Bsure Medical account, you need to provide certain information. This information includes:
- Your full name and email address
- your date of birth
- Optionally, you can provide additional medical information
- Your postal address and telephone number
- Your credit card or other billing information
- Your mailing address will be used to send you a Bsure Medical Sample Collection Kit (see section 6 below) when you order one.
In addition, you are signing the informed consent form reaffirming your consent to Bsure Medical's use of your personal information to provide you with the services. Failure to do so will be a violation of this Agreement, which may result in immediate termination of Your account and the Services. You also may not (i) use another person's name with the intent to impersonate that person; or (ii) use a name that is subject to the rights of someone other than you without proper permission. Bsure Medical reserves the right, in its sole discretion, to refuse registration or cancel the Services.
You must keep your password confidential and you are solely and entirely responsible for the actions taken under your username and password. You must ensure that no one else accesses the Services with your username, password, or other security information. You agree to immediately notify Bsure Medical of any unauthorized access to your account or any other breach of security. In addition, you agree to ensure that you log out of your account at the end of each session.
When accessing your account from a public or shared computer, you must take special care to prevent others from seeing or recording your password or other information. Bsure Medical cannot and will not be responsible for any loss, claim, damage or any other liability that may arise from unauthorized access or from your failure to comply with these obligations. You authorize Bsure Medical to verify your identity when accessing the Services. This may include asking for your date of birth and other information that allows Bsure Medical to reasonably verify your identity.
If a password is lost or stolen, it is your responsibility to change the password and notify Bsure Medical immediately so that your account remains both secure and functional. If Bsure Medical believes that you have violated these terms and conditions of the Services, Bsure Medical has the right to disable or terminate access to your account at any time.
Your data will be deleted after 1 year since you last logged in to your account.
If you violate these terms and conditions, Bsure Medical has the right to terminate your access to all or part of the Services.
5. PAYMENT AND PRICE
You agree to pay for the BSure DNA test for fillers that you purchase, including any taxes and fees. The prices quoted on the Bsure Medical site are subject to change at any time. Bsure Medical does not offer price protection or refunds on previous purchases in the event of a price reduction or promotion of a DNA product.
All fees will be paid in Euros (€) and will be charged either (i) to the bank account or credit card specified by you in your Account; (ii) through PayPal services; or (iii) by wire transfer to Bsure Medical's bank account.
Once payment is made, Bsure Medical will issue and send the corresponding invoice to the email address you provided.
Bsure Medical does not submit insurance papers or claims for the Services. Bsure Medical does not expect the Services to be covered by health insurance and does not guarantee that the costs charged for a Service will be reimbursed by an insurance company.
6. ORDER AND DELIVERY OF BSURE MEDICAL DNA TEST FOR FILLERS
NOTE: AT DATE OF PUBLISHING THESE DELIVERY TERMS AND CONDITIONS, THE TEST CAN ONLY BE PURCHASE ONLINE IN THE NETHERLANDS YET. PLEASE CONTACT email@example.com FOR FURTHER INFORMATION ABOUT IF, HOW, WHEN AND/OR WHERE YOU COULD PURCHASE THE TEST (COMING SOON TO OTHER COUNTRIES)
To have your DNA analyzed with the BSure DNA Test for Fillers, you must receive and use the BSure Bsure DNA Sample Collection Kit (“Sample collection kit - Filler”) to collect your saliva sample . When you collect and send a saliva sample (follow the instructions provided in the sample collection kit), you agree to the following:
- You submit your own saliva sample and not someone else's sample.
- You are 18 years or older.
- You allow Bsure Medical to perform the DNA analysis on any saliva sample you submit.
- You understand that health-related interpretations are for informational purposes only and are not intended to diagnose or treat any disease. The test results and their interpretation are provided by the affiliated medical professional you select when purchasing the Bsure DNA Filler Test. You should consult this affiliated medical professional with any questions or concerns regarding the Bsure DNA Test for Fillers.
The sample collection procedure is performed by you or your chosen affiliate medical professional, following the instructions provided by Bsure Medical in the Bsure DNA-Sample collection kit - Filler.
6.2 Retest Policy.
Bsure Medical may not be able to process your saliva sample on the first attempt, which may be due to a problem with the sample submitted or with the analysis laboratory (Fagron Genomics). If this is the case, Bsure Medical will send you a second Sample collection kit free of charge to reprocess your sample.
However, if Bsure Medical is unable to process your sample due to a breach of this agreement, negligence or fault on your part, you may be required to pay to receive a second Sample collection kit. If your second sample cannot be processed either, Bsure Medical will refund the cost of your original Bsure DNA test.
6.3 Delivery Process and Conditions.
Once your Bsure DNA test filler has been successfully purchased, you can track your order and all steps during the delivery of the services through your account. You will also be notified by email when the sample is sent to the lab and when the results are available at your selected clinic.
From the moment you receive notification that the sample has been sent to the laboratory, you will receive the results of the test analysis within 14 days via your selected clinic.
6.4 Right of withdrawal: Return within 14 days
(NOTE: THIS IS ONLY APPLICABLE IN THE NETHERLANDS)
6.4.1 Right of withdrawal
You have the right to withdraw from the contract within 14 days without stating reasons and thus to return your purchase.
The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the test(s). In order to exercise the right of withdrawal, you must inform Bsure Medical of the withdrawal via an unambiguous statement by email.
You can also use the European model withdrawal form , but you are not obliged to do so.
- You send Bsure Medical an e-mail ( firstname.lastname@example.org ) in which you indicate that you are canceling the purchase. We ask you to state your order number , this speeds up the processing.
- To comply with the withdrawal period, it is sufficient to send your communication about your exercise of the right of withdrawal before the withdrawal period has expired.
- After sending the e-mail, send your return prepaid and in a sturdy box to:
1076 PX Amsterdam
6.4.2 Consequences of the withdrawal
If you revoke the agreement, you will receive a refund from Bsure Medical for all payments you have made up to that point; Immediately and in any case no later than 14 days after Bsure Medical has been informed of your decision to withdraw from the agreement and to have received the sample collection kit back. The following conditions apply for this:
- If you only return part of your order, the costs of the order will not be refunded.
- Bsure Medical will refund you with the same payment method with which you made the original transaction, unless you have expressly agreed otherwise; in any case, no costs will be charged for such reimbursement.
- Bsure Medical may withhold reimbursement until the sample collection kit(s) has been received at the return address specified in point 6.4.1, or you have demonstrated that you have returned the sample collection kit(s), whichever comes first.
- You must return or hand over the sample collection kit(s) to Bsure Medical without delay, but in any event no later than 14 days after the day on which you have notified Bsure Medical of the decision to withdraw from the agreement.
- You are on time if you return the goods before the period of 14 days has expired.
- The direct costs of returning the goods are for your account.
6.4.3 Obligations and restrictions for the consumer during the reflection period
188.8.131.52 During the reflection period you must handle the product and the packaging with care. You can only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that you may only handle and inspect the product as you would be allowed to do in a store.
184.108.40.206 You cannot return if the seal of the sample collection kit is broken after delivery, for reasons of health protection and hygiene. You are liable for any diminished value of the test(s) resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7. DESTINATION AND ACCESS TO THE DNA SAMPLE
Your sample will be sent to and analyzed by the Fagron Genomics laboratory in Terassa, Barcelona (Spain). Fagron Genomics is part of the multinational company FAGRON BV, a pharmaceutical company headquartered in Rotterdam, the Netherlands.
You always have access to your sample by expressly requesting this from Bsure Medical in writing. Likewise, you may request Bsure Medical at any time in writing to destroy your sample, which will not entitle you to a refund of any amount. You can send an email to: email@example.com
8. PROPERTY; INTELLECTUAL PROPERTY RIGHTS; LIMITED RIGHT TO USE
Bsure Medical owns all worldwide right, title and interest in and to the Services, including all worldwide patent rights (including patent applications and disclosures); royalty; trademark rights (Bsure Medical names, logos, product and service names, designs and slogans on the site); moral rights; trade secrets and other rights relating to confidential or proprietary information; know-how; all other rights in inventions, discoveries, ideas, improvements, techniques, formulas, algorithms, processes, schemes, test procedures, technical information and other technology; and all other intellectual and industrial property rights, whether or not subject to registration or protection; and all rights under any license or other arrangement to the foregoing ((the "Intellectual Property Rights") and all are protected by applicable copyright and trademark laws.
Except as expressly provided in this Agreement, Bsure Medical grants you no Intellectual Property Rights in the Services, and all right, title and interest in and to all Services remains with Bsure Medical, its suppliers and/or its licensors. The Intellectual Property used to provide the Service is copyrighted and protected by the laws of Spain, the Netherlands and other countries, as well as international treaties. You may not remove or obscure any copyright, trademark and/or any other intellectual property or other proprietary notices from the Service.
Bsure Sample collection kits (filler) may not be resold, distributed, transferred, or used for any purpose other than use of the Services by yourself or through an affiliated medical professional, without the express prior written consent of Bsure Medical.
If you provide Bsure Medical with suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Bsure Medical may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Services Terms and Conditions is a violation of this Agreement and may infringe copyrights, trademarks, and other rights or laws.
9. CONFIDENTIAL INFORMATION
The following information will be considered and treated as confidential information: ideas, materials, know-how or any other subject matter disclosed by one party to the other that:
- If disclosed in writing, will be marked as “confidential” or “proprietary” at the time of such disclosure;
- if disclosed orally, identified as "confidential" or "proprietary" at the time of such disclosure, and summarized in a letter sent by the disclosing party to the receiving party within thirty (30) days of such disclosure; or
- Under the circumstances, a person exercising reasonable business judgment can understand that it is confidential or proprietary.
Use and Disclosure Restrictions.
The party receiving Confidential Information ("Recipient") agrees:
- to keep the confidential information of the party disclosing such information (the "Public Access") in strict confidence;
- not to disclose such Confidential Information to any third party; and
- not to use such Confidential Information for any purpose other than to promote this Agreement and the activities described herein. The Recipient will treat the Provider's Confidential Information with the same degree of care as its own Confidential Information, but in no event with less than reasonable care.
The Recipient's obligations under the previous section do not apply to Confidential Information that:
- is now or hereafter generally known or available to the public, without act or omission of Recipient (or any of its representatives, affiliates or agents) or any third party subject to any use or disclosure restrictions with respect to such Confidential Information ;
- was known to or lawfully in the possession of the Recipient prior to receiving such information from the Issuer, without limitation as to use or disclosure;
- Lawfully obtained by Recipient from a third party who has the right to make it public and who provides it without restriction as to use or disclosure; or
- Is independently developed by the Recipient without access to any confidential information of the Issuer
10. GEOGRAPHICAL SCOPE OF THE SERVICES
At the time of publishing these general and delivery conditions, Bsure Medical only provides services in the Netherlands. If you would like to access the Services from outside the Netherlands, please contact Bsure Medical customer service at: firstname.lastname@example.org .
If you use the Services from outside the Netherlands without prior communication with and approval from Bsure Medical, you do so on your own initiative. If you do this, you are responsible for compliance with local law.
11. NOTICE OF RESTRICTIONS ON SERVICES
If you are considering purchasing the Bsure Medical Filler DNA Test, you should be aware of certain risks and limitations of genetic testing and interpretation. These include the following:
Genetics is an evolving field
- The Bsure Medical DNA test for fillers is based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. At Bsure Medical, we want to continue to explore and expand our understanding of genetic predisposition to complications with fillers and other implants. In the future this will lead to an improvement and different and better knowledge.
- The Bsure Medical DNA test for fillers is based on scientific research. Details and results of this research can be found in the scientific article on our website. This study is based on a specific sample of patients which resulted in a positive predictive value of 84%. This means a very high chance of getting late-onset immune-mediated side effects if the test result is positive. However, it does NOT mean that a negative result excludes the chance of getting late-onset immune-mediated side effects to fillers; the chance will then be very low. It should be noted that these are scientific findings from the study of this sample of patients. Bsure Medical will continue to conduct research that, along with the aggregated data obtained from all DNA testing, will contribute to a greater and better understanding of the genetic predisposition to late-onset immune-mediated complications in fillers.
There may be errors when processing your DNA sample:
- Bsure Medical is currently working together with the Depot Laboratory Fagron Genomics, which carries out the analysis of your DNA sample. The Fagron Genomics laboratory meets all required quality control standards and meets the quality and data privacy requirements of Bsure Medical.
- Despite our focus on quality, there is a very small chance that problems may arise during the analysis of your DNA sample. These problems can be the result of misidentification of the sample, contamination of the sample, or insufficient DNA:
- Bsure Medical carries out continuous quality control on our processes and procedures. As a result, there is a very low chance of errors, but they can never be completely ruled out and still occur during data generation in the lab and when processing the data on servers.
- During genomic sequencing, some of your genetic information may not meet the quality thresholds. Based on the lab standards, we are unable to provide the Service and will apply the retest policy in section 6 above.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Bsure Medical makes every effort to perform and offer the Bsure Medical DNA test for fillers with maximum possible high quality. However, Bsure Medical does not warrant the accuracy, completeness or usefulness of the Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, IS AT YOUR SOLE RISK. YOU ASSUME ALL RISKS AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SERVICES IF THE SERVICE IS DEFECTIVE.
THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THEN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
NEITHER BSURE MEDICAL NOR ANYONE ASSOCIATED WITH BSURE MEDICAL MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NOR BSURE MEDICAL NOR ANYONE ASSOCIATED WITH BSURE MEDICAL MAKE ANY REPRESENTATIONS OR WARRANTIES
- THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THEN WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,
- OR THAT DEFECTS WILL BE CORRECTED,
- THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
- OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR WISHES AND/OR EXPECTATIONS.
BSURE MEDICAL AND ALL PARTIES ASSOCIATED WITH BSURE MEDICAL HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPLICIT OR IMPLICIT, STATUTORY OR ANY OTHER. INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTION QUALITY, SAFETY AND FITNESS FOR A PARTICULAR PURPOSE.
BSURE MEDICAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT COMPUTER EQUIPMENT, DATA, COMPUTER PROGRAMS OR OTHER DATA USES THE ITEMS OBTAINED THROUGH THE SITE OR FROM ANY MATERIALS ON THE SITE OR LINKED TO IT AND DOWNLOADED BY YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT OR UNDER ANY LEGAL THEORY SHALL BSURE MEDICAL, BSURE MEDICAL PARTNERS, BSURE MEDICAL AFFILIATES OR THEIR LICENSORS, OTHER SERVICE PROVIDERS, AUTHORIZED EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON, SAY BY CONTRACT, BY NEGLIGENCE OR OTHERWISE, FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SERVICES, WEBSITES LINKED TO THE SITE LINKED TO THE CONTENT ON THE SITE OR SUCH OTHER WEBSITES. INCLUDING ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL NEED, LOSS OF INCOME,
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. DISCLAIMER AND REMEDIES
You agree to defend, indemnify and hold harmless Bsure Medical, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against all claims, liabilities, damages, judgments, awards , losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of your violation of these Terms and Conditions or your use of the Services, including, but not limited to, any use of the content, services and products other than as expressly permitted in these Terms and Conditions or your use of information obtained from the site.
Notwithstanding the foregoing, Bsure Medical reserves the right, in its sole discretion, to take any action it deems appropriate, without notice, to prevent violations, enforce any provision, or correct any alleged violation of the Terms and Conditions or applicable law . This means, among other things, that if Bsure Medical has reasonable grounds to believe that your use of the Services may cause harm to Bsure Medical or other third parties, Bsure Medical has the right to take appropriate measures, to the extent authorized to do so, to prevent, stop and eliminate, where possible, to protect those third parties.
14. SEVERABILITY CLAUSE
Unless otherwise provided herein, all rights and remedies, whether granted under or under any other instrument or law, are cumulative and may be exercised separately or simultaneously. Failure by either party to comply with any provision of this Agreement shall not constitute a waiver of any other right hereunder or of any subsequent enforcement thereof or of any other provision herein. The General and Delivery Conditions stated herein are declared severable. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement shall remain in force and in full force and effect, and such provision shall be construed as enforceable to the maximum extent permitted by law.
15. FORCE MAJEURE
Bsure Medical shall not be responsible for any failure or delay in the performance of the Services under these Terms and Conditions due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages or inability to obtain labor, energy, raw materials or supplies; as well as as a result of war, acts of terrorism, riots, acts of God, epidemics or governmental action.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be interpreted in accordance with the e-commerce laws of the Netherlands and Europe.
Any dispute arising out of or relating to the validity, performance or termination of this Agreement shall be subject to the exclusive jurisdiction of the Netherlands.
You may not assign or transfer this Agreement in whole or in part by agreement, by operation of law or otherwise. Bsure Medical may assign this Agreement or the Services in whole or in part
- to an Affiliate, upon written notice to You (such notice may be delivered electronically or otherwise) or
- in the event of an internal reorganization or merger, acquisition, or sale of all or substantially all of its assets. Any attempt to assign this Agreement other than as permitted herein is void. Notwithstanding the foregoing, Bsure Medical may transfer its rights to receive payments for the performance of this Agreement to any bank, trust company or other financial institution. Subject to the foregoing, this Agreement shall be binding on and for the benefit of the parties' permitted successors and assigns.
18. ENTIRE AGREEMENT
This Agreement, together with any additional terms incorporated herein by reference, constitutes the entire and exclusive understanding and agreement between the parties and supersedes all prior or contemporaneous agreements, communications and understandings, written or oral, relating to their subject matter. Any waiver, amendment or amendment to any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of both parties. Any terms and conditions contained in or referenced by either party in any quote, purchase order, acceptance, invoice or similar document intended to modify the terms and conditions of this Agreement shall be disregarded and have no effect,
You agree that any unauthorized and/or unlawful use of the Service would result in irreparable harm to Bsure Medical for which monetary damages would not be sufficient. In such event, Bsure Medical shall have the right, in addition to any other remedies available to it under this Agreement, to immediate remedy against you without the need to post any bond. Nothing in this Agreement should be construed as limiting the remedies available to Bsure Medical.
Each party acknowledges and agrees that it has had the opportunity to seek advice from independent legal counsel and has read and understood all the terms of this Agreement. This Agreement shall not be construed against either party because of its drafting.
You authorize Bsure Medical to send offers and advertising information. You may revoke such consent at any time by contacting Bsure Medical Customer Service by email at the following address email@example.com
Should you have any feedback, comments, requests for support, or other communications regarding the Services, please contact Bsure Medical Customer Service at firstname.lastname@example.org