Terms and Conditions
Aesthrix Terms and Conditions
Please read these Terms and conditions (“Terms”) carefully. These Terms are for anyone accessing the Site. These Terms govern your use of the website, www.aesthrix.com, and the services, information, and products available on or through the website with your computer, mobile device, tablet or any Aesthrix app.
You accept and agree to be bound by these Terms, the Aesthrix Privacy Policy, Code of Conduct and any other policies in place when you access or use the Site, or by clicking to accept when you sign up for a service, make a purchase, or register for an account with Aesthrix. If you do not agree to abide by or be bound by these Terms or any of the other policies of Aesthrix, then do not sign up for a service, make a purchase, register for an account, access or use the Site.
1. Changes
Aesthrix reserves the right to make changes to the Site, these Terms and other policies. Please check the website for any material changes to these Terms or other policies. These Terms are effective upon acceptance by new users. For current users, the current version you view on the website will supersede all previous versions of the Aesthrix Terms of Service. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the Site.
2. Your User Account and Email Consent
By using the Site, you consent to receive emails from Aesthrix, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Dashboard section of the Site. You may change such preferences by changing your account settings on the email and notifications page of the My Dashboard section of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain a user account (“User Account”), you may not “opt out” of receiving service or account-related emails from Aesthrix and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a User Account. It is your responsibility to maintain the confidentiality of your User Account information, including your User Account password. In addition, you are responsible for all activities that occur in connection with your User Account. You must tell us right away about anyone using your User Account without your consent, or any security breach that relates to the Site or your User Account. You agree to provide Aesthrix with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete. Aesthrix reserves the right to refuse to provide services to anyone, including terminating your User Account and/or preventing you from using services, making purchases, or accessing the Site or your User Account, with or without cause, at any time and in its sole discretion.
3. No Medical Advice
The content (which includes any text, graphics, images or other material contained, accessed or entered on the Site by a health care provider (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Any communication between you and health care providers on the Site (including any responses by health care providers to questions posted on the Site or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third party websites containing any information about health care providers) or Content provided on the Site, whether or not it is provided by a health care provider, is solely at your own risk. You should always seek the advice of your health care provider for any questions you may have about your own medical condition.
4. Your review; Communications Monitoring
You may be able to post or submit reviews, comments, questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site. Your Submissions are made voluntarily and are subject to the Aesthrix Code of Conduct and the Aesthrix Privacy Policy. You understand and agree that your Submissions (including your username associated with your Submissions) are not confidential and are publicly available for anyone to view on the Site.
Aesthrix does not claim ownership of the Submission(s) you post or submit on the Site. With the exception of any information you directly submit through a health care provider’s profile or inquiry form, by posting or otherwise providing your Submission on the Site, you are hereby expressly granting Aesthrix a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Site and the Aesthrix business, including without limitation promoting and redistributing part or all of the Site or the Aesthrix business, in any media formats and through any media channels now known or hereafter developed. You also grant Aesthrix permission to publish and use your name, likeness and voice in connection with your Submission. In addition, by uploading a Submission to the Site, you hereby waive any rights of privacy or publicity. You also grant Aesthrix the right to grant any of the above rights to other persons or entities, including for the purpose of promoting the Site or the Aesthrix business, without any compensation or obligation to you. You also grant Aesthrix the right and authority to send takedown notices (on your behalf) related to your Submission to any individual or entity under the Digital Millennium Copyright Act.
Aesthrix will not pay you for your Submission. You also understand and agree that Aesthrix may, in its sole discretion, refuse, or remove part or all of your Submission from the Site at any time if Aesthrix considers the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or the Aesthrix Code of Conduct or other policies. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.
Aesthrix reserves the right to review and monitor Submissions but is under no obligation to do so. In addition, Aesthrix is not responsible for screening, monitoring or editing Submissions. However, we may monitor your Submissions and may disclose information about you, including the contents of such Submission, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other Aesthrix guidelines or policies; or (3) protect the rights, property, or interests of Aesthrix, its employees, its users, or the public.
You may also request information directly from a specific health care provider by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the Aesthrix Privacy Policy. There is no guarantee that a health care provider will respond to any request submitted through their profile or inquiry form. In addition, by submitting a request to a health care provider through the Site, you understand that Aesthrix may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.
5. How and When You May Use the Site
You may use the Site only to post reviews (including photos and videos) based on your own personal experience, to communicate with other users about questions on aesthetic procedures, personal care, beauty, and wellness on the Site. You may only use the Site for personal, non-commercial uses, and you may not use the Site to advertise or promote a product, service, procedure, business, health care provider or another person.
You may not use the Site:
If you are under 18.
– To exploit, solicit or harm minors;
– To impersonate or pretend to be any person, such as health care provider, or register for multiple accounts or use the account of another person without their authorization;
– To copy any Content from the Site, including, but not limited to, photographs, and post those photographs or other Content on another third-party website.
– To post or submit any Content that is abusive, threatening, obscene, sexually explicit or vulgar, hateful, harassing, racist, sexist, inflammatory, defamatory, profane, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
– To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
– To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
– To post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information about you or any other person on the Site;
– To promote, encourage or glorify suicide, bulimia, violence, anorexia, self-harm or any other practice that is harmful or unhealthy;
– To create and upload reviews or comments in exchange for monetary compensation or other incentive; or
– In any way or for any purpose that is against any local, state, federal or any other applicable laws.
– In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Aesthrix Parties”), or any customer of a Aesthrix Party;
– You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
– You agree to abide by any Code of Conduct or other notices we provide, which may be changed from time to time. Without limiting the foregoing, you agree to abide by these Terms, the Code of Conduct and any other policies Aesthrix has in place.
– Any use of the Site other than as specifically authorized herein, without the prior written permission of Aesthrix, is strictly prohibited.
– Aesthrix is not obligated to enforce these Terms against another user, health care provider or other third-party on your behalf. If you believe another user, health care provider or other third-party has violated these Terms, then please contact us by using our contact form. Aesthrix reserves the right to investigate the matter and take whatever action Asesthrix deems appropriate in its sole discretion.
6.Copyright Policy
If you believe that your Submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately at info@aesthrix.com.
Upon receipt of notice we will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
7. Photograph/Video Policy
Health care providers must have consent from individuals and comply with all applicable laws (Privacy Policy, Code of Conduct and the Health Care Provider Photo & Video Guidelines) before submitting it to us. If a health care provider or other third-party has submitted, uploaded or posted a photograph or video of you on the Site and you want that photograph or video removed from the Site, please contact us at info@aesthrix.com. Please provide us with all the detail and the link to the page that has your photograph or video in order for Aesthrix to be able to identify the photograph. Please provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted or submitted to Aesthrix or your health care provider had permission to upload, post or submit the photograph but you no longer want the photograph displayed on the Aesthrix Site.
8. Links to Other Websites
The Site may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of Aesthrix and Aesthrix does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. Therefore, your access or use of any Third Party Website is at your own risk. You expressly relieve Aesthrix of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties (including health care providers) found on the Site, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that Aesthrix shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.
9. Intellectual Property Rights
Aesthrix grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. Aesthrix owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“Aesthrix Content”), excluding your Submissions. Aesthrix owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Aesthrix Content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the Aesthrix Content in whole or in part, or the Site except as expressly authorized in writing by Aesthrix. In addition, Aesthrix does not grant any express or implied rights in and to the Site or Aesthrix Content, and all rights in and to the Site and the Aesthrix Content, are retained by Aesthrix.
10. Aesthrix disclaims all warranties
Aesthrix provides the site, the Aesthrix content and all information, materials, products, and other contents available on and through the site on an “as is” and “as available” basis “with a;l faults.” Aesthrix disclaims all warranties of any kind (whether express or implied) as well as any gaurantees or conditions related to the site. Without limited the foregoing, to the fullest extent permitted by law, Aesthrix disclaims all express and implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. Aesthrix does not represent or warrant that the site or any electronic communication from Aesthrix will be uninterrupted, error-free or free of viruses or other harmful components or defects. In addition, Aesthrix expressly disclaims any and all responsibility and liability with respect to separate agreements you may make with healthcare providers or other 3rd parties and you will look solely to such persons and/or entities with respect to any and all claims arisinng out of such agreements. Further, Aesthrix does not represent or warrant that the site or the content availabl on the site will assist you in finding suitable heathcare provider or for any other purpose. You understand and agree that your use the site is entirely at your own risk. While Aesthrix takes reasonable physical, technical ad administrative measures to secure the site, Aesthrix does not guarantee that the site cannnot be compromised.
11. LIABILITY LIMITATION
Your exclusive remedy to the extent permitted by law, in no event will Aesthrix or the Aesthrix parties be liable to your or to any 3rd party for any indirect, consequential, special, exemplary, or punitive damages (including, but not limited, to lost profits and damages that result from inconvenience, delay or loss of use) arising out of or relating to the use of the site even if Aesthrix or any of Aesthrix parties have been advised of the possibility of such damages. Furthermore, in no event shall Aesthrix be liable to you or anyone for any decision made or action taken by a party (including, without limitation, by any users) in reliance on any content or other information about healthcare providers, procedures, treatments, or products posted on the site. Aesthrix shall not be liable for any damages, delays or non-performance caused by factors or activities beyond its reasonable conntrol, including delays and non-performance caused by viruses, denial or service attacks, other acts or omission of 3rd parties, internet service provider failures, strikes, lockouts, work slowdowns or stoppages, accidents, fires, terrorism, acts of God, goverment restrictions, mechanical, electronic or communications failures, war or insurrection. Notwithstanding anything in these terms, the aggregate liability of the Aesthrix parties to you in connection with the site (including any 3rd party content on the site) and these terms will be limited to the amount, if any, paid by you to Aesthrix in the six (6) months prior to the act that gave rise to the liability, even if Aesthrix has been advised of the possibility of any of the foregoing types of losses or damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
12. Changes to the Site Updates; Suspension of Your Use of the Site; User Account Closure
We may change the Site or delete features of the Site at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion. We may terminate or suspend your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site and close your User Account at any time, with or without cause, upon notice to us as specified in the customer support or “contact us” area. Upon termination, your right to use the Site ceases immediately. Once your use of the Site is terminated or suspended, any data you have stored on the Site may not be retrieved later. In addition, even if you stop using the Site or your account is suspended by Aesthrix, Aesthrix may continue to show some or all of your Submissions.
13. Jurisdiction
Aesthrix controls and operates the Site from its offices in Dublin, Ireland and Aesthrix does not represent that the Site, the Content, the Aesthrix Content or the Submissions by either health care providers or community members, are appropriate, available or may be downloaded for use outside Ireland. If you are located outside Ireland and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. These Terms and the Site are governed by Irish federal law, excluding any conflicts of law provisions. Registering for a User Account, purchasing a product, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Ireland and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Ireland.
14. Indemnification
You agree to indemnify and hold harmless Aesthrix and the Aesthrix Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or any other Content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any other Aesthrix policy or of any law or the rights of any third party.
15. Claim Must Be Filed Within One Year; Arbitration; No Class Actions
Any dispute, claim or controversy arising out of or relating to these Terms, Aesthrix or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court.
If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim (“Notice”) to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Aesthrix may commence an arbitration proceeding or file a claim in small claims court.
Any such Notice must be submitted to us within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.
Small claims actions may be filed in the county in which you live. Arbitration hearings shall be held in Ireland before one arbitrator, but you may choose to have the arbitration conducted by telephone or via written submissions. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the Irish Arbitration Association (“IAA”), including the IAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
You also agree that Aesthrix may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of intellectual property rights.
16. Your Notices to Us
You may contact us by e-mail or postal mail. Your notices to us must be addressed as stated in the info@aesthrix.com or by postal mail at the following address:
Aesthrix, ECAMS Innovation Ltd.
3 Brighton Place,
Foxrock
Dublin 18
17. Our Notices to You
This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the Site. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Site (or subsequently provided when updating your account information), (2) by access to a Aesthrix website that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Aesthrix website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site immediately.
18. Miscellaneous
These Terms constitute the entire agreement between you and Aesthrix regarding the use of the Site, and supersedes any prior agreements between you and Aesthrix relating to your use of the Site. The failure of Aesthrix to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Aesthrix Health Care Provider Terms of Service
These Health Care Provider Terms of Service (“HCP Terms”) are between you, a health care provider, (“you,” “your” or “health care provider”) and Aesthrix, an Irish company (“Aesthrix,” “we” or “our”). These HCP Terms govern: (i) your access and use of the website, www.aesthrix.com, and the services and information available on the website (collectively, “Site”) whether or not you access the Site through your computer, mobile device or any Aesthrix application (“Aesthrix App”); and (ii) your submission of any and all content to Aesthrix by any means now known or hereafter developed at any time. These HCP Terms constitute a binding agreement between you and Aesthrix and the term of these HCP Terms will take effect at the time you click “I accept” or use the Site.
PLEASE READ THESE HCP TERMS CAREFULLY. BY CLICKING ON “I AGREE,” OR BY BROWSING, ACCESSING AND/OR USING THE AESTHRIX SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE HCP TERMS, HEALTH CARE CODE OF CONDUCT, HEALTH CARE PROVIDER LISTING CRITERIA, THE HEALTH CARE PROVIDER PHOTO & VIDEO GUIDELINES AND THE AESTHRIX PRIVACY POLICY (ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE HCP TERMS OR ANY OF THE AESTHRIX GUIDELINES OR POLICIES IDENTIFIED ABOVE, THEN DO NOT REGISTER FOR AN ACCOUNT OR ACCESS AND USE THE SITE. IF YOU ARE ACCEPTING THESE HCP TERMS ON BEHALF OF A HEALTH CARE PROVIDER OR HEALTH CARE PROVIDER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY TO THESE HCP TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ANY OF THESE HCP TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.
1. Changes
Aesthrix reserves the right to make changes to the Site, these HCP Terms and other policies at any time, including but not limited to charging fees at any time for the Site. These HCP Terms are effective upon acceptance by new users. For current users, these HCP Terms are effective as of 1 January, 2021 and supersede all previous versions of the Aesthrix HCP Terms or any other Aesthrix terms of service that you accepted when you registered for an account with Aesthrix. If any section of these HCP Terms shall be deemed invalid, void or for any reason unenforceable, then that section shall be deemed severable and shall not affect the validity of the remaining sections of these HCP Terms. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new HCP Terms. If you do not agree to abide by these or any future HCP Terms, you may not use or access the Site.
2. Email Consent
In order to use some of the features on the Site, including updating and adding content to a health care provider profile or a practice profile, you are required to register and provide information about yourself to Aesthrix and create a verified health care provider account (“HCP Account”). It is your responsibility to maintain the confidentiality of your account information, including your HCP Account password and you are responsible for all activities that occur in connection with your HCP Account. In addition, health care providers may claim and create a health care provider profile page on the Site. The health care provider profile pages are subject to the Health Care Provider Listing Criteria. In creating your health care provider profile page, you agree that any information submitted by you and posted to your health care provider profile page is accurate, true and correct. In addition, you agree to keep the information on your health care provider profile page updated. You are responsible for all activities that occur in connection with your health care provider profile page. You must tell us right away about anyone using your HCP Account or health care provider profile page without your consent, or any security breach that relates to your HCP Account or health care provider profile page.
By using the Site, you consent to receive emails from Aesthrix, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of your HCP Account. You may change such preferences by changing your account settings on the notifications page of the “My Dashboard” section in your HCP Account or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account related emails from Aesthrix.
Aesthrix reserves the right to refuse providing services or the Site to anyone, including terminating your HCP Account and/or preventing you from accessing the Site or your HCP Account, with or without cause, at any time and in its sole discretion.
3. How and When You May Use the Site
As a health care provider, you may use the Site to respond to users questions and to create a health care provider profile or practice profile, (including, uploading photos, videos and articles to your profile). You or an authorized representative from your office may claim your health care provider profile or practice profile on the Site but you may not post false or misleading information on your profile.
Except to the extent you are otherwise directly authorized by Aesthrix, you may not use the Site to:
• Promote a product, service or procedure that you, your employer or practice sells, markets, distributes or performs or is otherwise affiliated with;
• Praise, recommend, describe any experiences with, or otherwise promote a health care provider or other person that is yourself or someone to whom you are related or with whom you work or have previously worked with;
• Trade reviews with other health care providers or businesses, compensate someone or be compensated for writing a review;
• Praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed; or
• Either post or allow a member of your staff to post a false or misleading review, (including reviews that are fabricated or exaggerate results) or any reviews about you on the Site.
However, nothing contained herein will be construed as prohibiting you from posting content in a response to content posted by another community member about your business; provided, that (a) you have provided true and accurate registration information to Aesthrix about yourself, (b) you have clearly explained in your response that you are making a statement on behalf of the business (including your affiliation with the business), (c) your response is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about your business and your response does not violate any applicable privacy laws (including, but not limited to HIPAA), and (d) your response does not otherwise attempt to promote your business or serve any commercial purposes, as determined in the sole discretion of Aesthrix.
Additionally, you may not use the Site:
• If you are under 18.
• In any way or for any purpose that is against any local, state, federal or any other applicable laws.
• In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Aesthrix Parties”), or any customer of a Aesthrix Party;
• To exploit, solicit or harm minors;
• To copy any content from the Site, including photographs, and post those photographs or other content on any third-party website, including your own website.
• To post or submit any content that is racist, sexist, inflammatory, defamatory, derogatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable or violates any applicable laws;
• To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations to individual community members;
• To register for multiple accounts or use the account of another person without their authorization;
• To spam any community members or other users of the Site or to attempt to solicit business or direct community members or other users of the Site to a non-Aesthrix site for commercial purposes unless authorized to do so by Aesthrix or spamming;
• You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
• To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
• To attempt to interfere with or disrupt the Site, any security features of the Site or any person’s ability to use the Site; or
• For any purposes for which the Site are not intended.
In addition, Aesthrix is not obligated to enforce these HCP Terms or any other policies or guidelines against other community members, users, health care providers or other third-parties on your behalf. If you believe a community member, health care provider or other third-party has violated these HCP Terms or any other guidelines or policies of Aesthrix, then please contact Aesthrix by using our contact form. Aesthrix reserves the right to investigate the matter and take whatever action Aesthrix deems appropriate in its sole discretion.
4. Materials You Post or Provide; Communications Monitoring; Confidentiality
As a health care provider, you may be able to post or submit comments, answers to community members’ questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site (“HCP Content”). You understand your HCP Content is not confidential and is publicly available for anyone to view and the HCP Content posted by you must be in compliance with all applicable privacy laws (including, but not limited to, the Health Insurance Portability and Accountability Act (“HIPAA”)). Further, Aesthrix is not responsible for the security of any information transmitted through the internet or the Site. You also understand that any HCP Content posted by you may not violate these HCP Terms (including section 3 of these HCP Terms) or any other guidelines and policies of Aesthrix as well as any applicable federal, state or local laws (including, but not limited to the rules and laws of state medical boards) and the information you provide must not be false, inaccurate or misleading.
Aesthrix does not claim any ownership rights in your HCP Content. However, by submitting HCP Content on the Site you are hereby expressly granting Aesthrix a nonexclusive, irrevocable, worldwide, perpetual, royalty-free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording, if applicable) your HCP Content, in connection with the the Site, any Aesthrix App and the Aesthrix business, including without limitation promoting and redistributing part or all of the Site, any Aesthrix App or the Aesthrix business, in any media formats and through any media channels now known or hereafter developed without any compensation or obligation to you. You also grant Aesthrix permission to use your name, likeness and voice in connection with your HCP Content. In addition, by posting or uploading HCP Content to the Site, you hereby waive any rights of privacy or publicity. You also grant Aesthrix the permission to grant any of the above rights to other persons or entities, including, but not limited, for the purpose of promoting the Site, any Aesthrix App or the Aesthrix business without any compensation or obligation to you. You also grant Aesthrix the right and authority to send takedown notices (on your behalf) related to your HCP Content to any individual or entity under the Digital Millennium Copyright Act. In addition, for each HCP Content you post or submit, you represent and warrant that you have all rights and permission necessary for you to post or submit the HCP Content and to grant the licenses and permissions in this section. Further, you represent and warrant that the HCP Content does not violate any law.
You also understand and agree that Aesthrix may, in its sole discretion, refuse, or remove part or all of your HCP Content from the Site at any time. Aesthrix reserves the right to review and monitor HCP Content but is under no obligation to do so. In addition, Aesthrix is not responsible for screening, monitoring or editing the HCP Content. Aesthrix may disclose information about you, including the contents of such HCP Content, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these HCP Terms or other Aesthrix guidelines or policies; or (3) protect the rights, property, or interests of Aesthrix, its employees, its community members, its partners or the public.
5. Reviews or Content Posted by Others.
Aesthrix does not have any responsibility, including editorial control, of any content posted by other Aesthrix community members, health care providers or other third party content providers on the Site. The statements or content posted by Aesthrix community members, health care providers or other third party content providers on the Site are those of the community members, health care providers or other third party content providers and are not the opinion of Aesthrix. Aesthrix does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the Aesthrix users, health care providers or other third party content providers on the Site. The Aesthrix community members, health care providers and other third party content providers are solely responsible for the content posted by them respectively.
The health care providers featured on the Site are not employees or independent contractors of Aesthrix.
There may be medical related or health related materials posted by Aesthrix users, health care providers or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site in such a way as to limit your viewing of this material.
6. Copyright Policy.
If you believe that your HCP Content or any other content has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Aesthrix at at info@aesthrix.com. Provide all of the detail in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Site; (2) identify the material on the Site that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Aesthrix to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, Aesthrix will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the Site.
7. Photograph/Video Policy.
Health care providers must have consent from individuals and follow all HIPAA requirements (as well as these HCP Terms, Health care Code of Conduct and Health Care Provider Photo & Video Guidelines) before uploading, submitting or posting any photographs or videos (including the use of any third-party video tool whether or not provided by Aesthrix) of individuals on the Site. When you upload or submit any photo or video of an individual, you represent and warrant that you have the appropriate consent and license to do so and the uploading or submission of the videos or photographs to the Site will not violate these HCP Terms, the Health care Code of Conduct, the Health Care Provider Photo & Video Guidelines, or any other applicable laws, including any applicable privacy laws (such as HIPAA). You also agree to indemnify Aesthrix and the Aesthrix Parties against any third-party claims related to the uploading or submitting of any videos or photographs by you or anyone affiliated with you (including an agent, employee of your practice or other third party acting on your behalf).
8. Advertising
If you purchase advertising from Aesthrix or offer any Special Offers on the Site, then the applicable agreement or the Aesthrix Special Offers Program Terms of Use will apply to you in addition to these HCP Terms.
9. Links to Other Websites
The Site and the Aesthrix App may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site or the Aesthrix App through a Third Party Website. Third Party Websites are not under the control of Aesthirx and Aesthrix does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these HCP Terms, the Aesthrix Privacy Policy, Health care Code of Conduct and any other Aesthrix policies do not apply or govern any Third Party Website or your use of any Third Party Website. You expressly relieve Aesthrix of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties found on the Site, including payment and delivery of goods or services any other terms (such as warranties) are solely between you and the third parties. You agree that Aesthrix shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.
10. Intellectual Property Rights
Aesthrix grants you a limited, personal, revocable, nonassignable and nonexclusive license to use the Site. Aesthrix owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“Aesthrix Content”), excluding your HCP Content and community members’ submissions. Aesthrix owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Aesthrix Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on any of the Aesthrix Content in whole or in part, or the Site except as expressly authorized in writing by Aesthrix. In addition, Aesthrix does not grant any express or implied rights in and to the Site and the Aesthrix Content, and all rights in and to the Site and the Aesthrix Content, are retained by Aesthrix.
11. DISCLAIMS ALL WARRANTIES
Aesthrix provides the site “as is” “with all faults” and “as available”. Your use of the site is at your own risk. Aesthrix disclaims all warraties (whether express or implied), guarantees or conditions related to the site. Without limiting the foregoing, to the fullest extent permitted by law, Aesthrix disclaims all implied warranties, including those of merchantability, fitness for a particular purpose. workmanlike effort and non-infringement as well as any warranties concering the availability, accuracy, quality, performance and suitability of the site. Aesthrix does not represent or warrant that the site will be uninterrupted, error-free or free of viruses or other harmful components or defects. You understand and agree that your use of the site is entirely at your own risk. Furthermore, Aesthrix expressly disclaims any and all responsibility and liability with respect to separate agreements you may make with patients, consumers, users or other 3rd parties, and will look solely to such persons and/or entities with respect to any and all claims arisinng out of such agreements. While Aesthrix takes reasonable physical, technical and administrayive measures to secure the site, Aesthrix does not guranntee that the site cannot be compromised.
12. LIMITATION OF LIABILITY
To the extent permitted by law, in no event will either Aesthrix or the Aesthrix parties be liable to you or to any 3rd party for any indirect, consequential, special, incidental, exemplary, or punitive damages (including, but not limited, to loss profits and damages that result from inconvenience, delay or loss of use) arising out of or relating to your use of the site even if Aesthrix or any of the Aesthrix parties have bee advised of the possibility of such damages. Furthermore, in o event shall either Aesthrix or the Aesthrix parties be liable to you or to anyone for any decision made or actionn taken by a party (including, without limitation, by any user) in reliance on any content or other informatio about health care providers or procedures posted on the site. Aesthrix and the Aesthrix parties shall not be liable for anny damages, delays, or nonperformance caused by factors or activities beyond their reasonable control, includig delays and nonperformance caused by viruses, denial of service attacks, other acts or omission of 3rd parties, internet service provider failures, strikes, lockouts, work slowdowns or stoppages, accidents, fires, terrorism, acts of God, government restrictions, mechancical, electronic or communications failures, war or insurrection. Notwithstanding anything herein, the aggregate liability of Aesthrix to you in connection with the site (including any 3rd party content on the site)and these HCP terms will be limited to the amount, if any, paid by you to Aesthrix in the 6 months prior to the act that gave rise to the liability, even if Aesthrix has been advised to the possibility of any of the foregoing types of losses or damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. Changes to the Site; Updates; Termination
We may change the Site or delete features available on the Site at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion. We may terminate or suspend your HCP Account and your use of the Site or any services we may provide you that are associated with your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site at any time, with or without cause, upon notice to us as specified in the customer support or “contact us” area on the Site. Upon termination, you may no longer use or access the Site. Once your use of the Site is terminated, any data you have stored on the Site may not be retrieved later. In addition, even if you terminate your use of the Site, Aesthrix may continue to show some or all of your HCP Content.
14. Jurisdiction
Aesthrix controls and operates the Site from its offices in Dublin, Ireland and Aesthrix makes no representation that the HCP Content, content submitted by community members or any other content available on the Site or the Site are appropriate, available or may be downloaded for use outside the EU. You are responsible for complying with all of your local laws, if and to the extent your local laws are applicable. These HCP Terms and the Site are governed by the federal laws of the Ireland, excluding any conflicts of law provisions. When you register for an account and click “I accept”, submit content to the Site, access, browse or otherwise use the Site, this means you hereby consent to the exclusive jurisdiction of the state and federal courts in Ireland and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Ireland.
15. Indemnification
You agree to indemnify and hold harmless Aesthrix and the Aesthrix Parties from and against any and all losses, liability, claims, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) any HCP Content you post or submit to or through the Site; (ii) your use of the Site; (iii) your conduct in connection with the Site or with other health care providers and users of the Site; (iv) any breach of these HCP Terms, other Aesthrix policies and guidelines; or (v) any violation of any law or the rights of any third party (including, but not limited to any violation of HIPAA or the rules, laws, guidelines or policies of any state medical board).
16. Claim Must Be Filed Within One Year; Arbitration; No Class Actions
Any dispute, claim or controversy arising out of or relating to these Terms, Aesthrix or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court.
If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim (“Notice”) to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Aesthrix may commence an arbitration proceeding or file a claim in small claims court.
Any such Notice must be submitted to us within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.
Small claims actions may be filed in the county in which you live. Arbitration hearings shall be held in Ireland before one arbitrator, but you may choose to have the arbitration conducted by telephone or via written submissions. The arbitration shall be governed by the Federal
Arbitration Act and the arbitration shall take place according to the rules of the Irish Arbitration Association (“IAA”), including the IAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
You also agree that Aesthrix may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of intellectual property rights.
17. Your Notices to Us
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the info@raesthrix.com or "feedback" area for the Site or at the following address:
Aesthrix, ECAMS innovation Ltd
3 Brighton Place, Foxrock, Dublin 18
18. Our Notices to You; Consent Regarding Electronic Communication
This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Site. We may provide required information to you (1) via e-mail at the e-mail address you specified when you registered for a HCP Account (or subsequently provided when updating your account information), (2) by access to a Aesthrix website that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Aesthrix website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site. If you want these HCP Terms provided to you in nonelectronic form, then please send a request to Aesthrix at info@aesthrix.com. In that request, please provide your full name and address where Aesthrix can send these HCP Terms in nonelectronic form.
19. Miscellaneous
These HCP Terms constitute the entire agreement between you and Aesthrix regarding your use of the Site, and supersedes any prior agreements between you and Aesthrix relating to your use of the Site. The failure of Aesthrix to exercise or enforce any right or provision of these HCP Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these HCP Terms is held invalid, the remainder of these HCP Terms shall continue in full force and effect. If any provision of these HCP Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these HCP Terms and shall not affect the validity and enforceability of any remaining provisions.
