General Terms you agree to when using MedNux
Date of Last Revision: October 2018
Netron Israel ("Netron") develops a unique integrative web platform called MEDNUX - The home for Medical Business ("MedNux") that dynamically interconnects the community of companies, manufacturers, sellers and suppliers in the fields of medical products and systems to the purchasing people, buyers and employees of consumer companies. This is in order to significantly improve the selling and purchasing capabilities of the products, Increasing market segments and opening the market to new customers. The platform seamlessly integrates the most comprehensive global information infrastructure of professional content related to the entire business sector, community member and activities, along with advanced online and professional interactive tools, collaboration, promotion and creation of new businesses and advanced trading venues. MedNux strives to be the virtual meeting point and one stop shop for the community of companies, businesses and suppliers, as well as for the purchasing people, buyers and owners, and to turn the virtual home in which research, technology and business not only meet and merge but also grow.
- The Terms form a legally binding agreement between you and MedNux in relation to your use of the Service. It is important that you read them carefully.
- You agree that by registering in MedNux, or through the MedNux Web site and / or mobile application for smartphones and tablets, these terms shall apply. The Terms apply to all users of the Service ("MedNux User (s)" or "Users" or "Netron User / s"), including but not limited to private users who do not pay and pay users and companies, service providers, , Academic laboratories, clinical institutions, clinical laboratories, event organizers, job seekers, human resource managers, manufacturers, suppliers, procurement personnel, buyers, forum managers, bloggers and general users.
- If you are using MedNux on behalf of a company or other legal entity, you are nevertheless individually bound by these Terms even if your company has a separate agreement with us.
- You may not use the Service if you do not accept the Terms. Note that by making use of the Service you represent that you understand and agree to be bound by the Terms.
- You can accept the Terms by simply using the Service. You understand and agree that MedNux will treat your use of the Service as acceptance of the Terms from that point onwards.
- You may not use the Service and may not accept the Terms if (a) you are not of the age of 18 or have not been granted a specific written approval by MedNux to use the Service, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service (c) you are currently restricted from the Services, or otherwise prohibited from having a MedNux account (d) you are a competitor of MedNux or are using the Services for reasons that are in competition with MedNux.
- Updates and Changes to the Terms
MedNux may at its sole discretion modify, update or change the Terms or any Policy of the Service as may be, from time to time. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised; therefore we recommend that you review the Terms on a regular basis and if you do not agree with all of the amended terms and conditions your sole remedy is to stop the use of the Service. You hereby waive any right you may have to receive specific notice of such modification, update or change.
- The Service
- MedNux provides a worldwide Internet platform to the business community of medical products and services. The service includes, but is not limited to:
- User-to-User Communication and Sharing (Groups, Answers, Updates, Company Pages, etc.)
- MedNux provides a worldwide Internet platform to the business community of medical products and services. The service includes, but is not limited to:
Mednux offers, inter alia, various forums such as groups, answers, blogs, forums, and network updates, where you can post your observations and comments on designated topics. MedNux also enables sharing of information by allowing Users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other Content to their profile ("Content") and other parts of the site, such as Groups and Company Pages. Corporations using the Service may, inter alia, upload and present their profile on their Company Page.
Please note that ideas you post and information you share may be seen and used by other Users, and MedNux cannot guarantee that other Users will not use the ideas and information that you share on the MedNux website. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Group, into your Network Updates, or elsewhere on MedNux. MEDNUX IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY MEDNUX COMMUNITY FORUMS SUCH AS THE BLOG, GROUPS OR ANSWERS.
- User to User Procurement Arena.
MedNux offers its users the opportunity to present their goods and services. Suppliers can upload a virtual shop or connect to their site. MedNux's Users can see virtual sales at the stores and ask for RFI, RFQ, and compare information based on the companies given information. MedNux's Users can also Purchase products and services directly from the companies or Suppliers. Please note that all the services and goods are offered to the Users by the suppliers directly and MedNux does not and cannot guarantee and/or be liable for the quality and/or delivery of the services/goods. and it is users must use their own judgments whether and how to use this information. The use of the Procurement Arena shall be at User's sole responsibility and subject to the terms and conditions specified in the User Procurement Policy.
- Event Area Services Registration.
MedNux displays on the Event Center system module exhibitions and meetings in the fields of medical products and medical equipment worldwide. Users can view information regarding life science and medical conferences, seminars, and exhibitions provided by event organizers. Users will be able to view information regarding those events, register to events and/or create an event meeting and follow-up calendar Users can also purchase accommodation and travel arrangements to the events and the surrounding area from local suppliers who present in mednux website . The use of the Event Area shall be at User's sole responsibility and subject to the terms and conditions specified in Event Area Policy..
- HR and Job Center
Users can post and/or apply to jobs placed by companies in the life science academic institutes, laboratories and recruiting agencies. Users can place and apply to Post-doctoral positions. The use of the Job Center shall be at User's sole responsibility and subject to the terms and conditions specified in the Job Center Policy.
- Knowledge Center and Forums
Users can read technical and professional articles, view videos as published by our users. Users can upload scientific information to share and test it by other users. The Knowledge Center includes free published scientific materials and materials available against payment.The use of the Knowledge Center will be the sole responsibility of the user and subject to the terms set out in the Knowledge Center policy.
- MedNux Marketplace and Shops
In this part of MEDNUX, companies, suppliers and businesses will be able to present their products to buyers, purchasing people, and various office holders.
Each user can open his own virtual store under the account of the store owner, including a complete management system and will also be able to manage a number of distributors and Number of Sellers
In addition, each user will be able to display his or her products in the MEDNUX General Trading Arena (mednux marketplace) system under his Seller account.
Use of the Trading Center shall be the sole responsibility of the user and subject to the terms and conditions set out in the Trading Center Policy.
- MedNux is constantly innovating in order to provide the best possible experience for its Users. MedNux reserves the right to change and modify the form and nature of the Service without any prior notice to you.
- As part of this continuing innovation, MedNux reserves the right to stop or suspend the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, at MedNux's sole discretion, without prior notice to you.
- You may stop using the Service at any time and delete your account. Your account will be deleted and your personal information will stop being available to others but you hereby acknowledge and agree that any Content posted by you on or through MedNux may, at MedNux's sole discretion, still be available to others. Please note that any information you provide MedNux will be saved by MedNux for internal use even after the deletion of your MedNux account.
- You can always return to MedNux by restarting the deleted account or by creating a new account under the terms of opening a new account
- You agree that you are solely responsible for (and that MedNux has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MedNux may suffer) of any such breach.
- On the condition that you comply with all your obligations under these Terms, we grant you a limited, revocable, nonexclusive, non assignable, non sublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of MedNux or its Users), view information and use the Services that we provide on MedNux web pages and in accordance with these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MedNux and all related items, including any and all copies made of the MedNux Website.
- Becoming a MedNux User
- You can use the Service by simply checking in our Website or by completing a registration progress and becoming a "MedNux User" or “User”.
- Upon registration you will be required to choose a username, e-mail and password to enter the Service.
- You can also choose to log on to MedNux via your Facebook account by using your Facebook account all your account information will become available to MedNux and will be saved on MedNux's server. You can choose what information to import from your Facebook account to you MedNux account and what information will be available for others to see.
- You hereby agree to provide MedNux accurate and complete information.
- It is important that you keep your MedNux account password secure and confidential. Please choose a strong password and do not reveal your password to others.
- You must notify MedNux immediately of any breach of security or unauthorized use of your MedNux account that you become aware of.
- You agree that you will be solely responsible (to MedNux, and to others) for all activity that occurs under your MedNux account.
- You will not create more than one personal account unless you have received special permission
- If we disable your account, you will not create another one without our permission.
- Use of the Service/Content
- As a MedNux User you may submit Content such as personal information, contact information, position, education, fields of expertise, field of interests, academic information, forums you participate in, etc.
- You understand that by submitting the Content you give up your right to confidentiality about that certain Content.
- You retain all of your ownership rights in your Content, but you are required to grant license rights to MedNux and other Users of the Service as further described in section 11 of these Terms (the “License Rights”).
- You understand and agree that you are solely responsible for your own Content and the consequences of publishing it. MedNux does not endorse any Content or any opinion, recommendation, or advice expressed therein, and MedNux expressly disclaims any and all liability in connection with Content.
- You represent and warrant that you own or have (and will continue to own or have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to distribute the Content through the Service and to enable MedNux to use your Content for the purposes of the provision of the Service, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
- You hereby warrant and represent that your Content will not:
(a) Facilitate or promote illegal activity, or contain Content that is illegal;
(b) Contain Content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability;
(c) Contain sexually suggestive or explicit Content;
(d) Infringe upon or violate any right of any third party;
(e) Disparage, defame, or discredit MedNux or any third party;
(f) Contain any virus, viruses, worms, trojan horses and other disabling or damaging codes; or
(g) Otherwise contain Content that violates any laws, rules, regulations or policies of any competent jurisdiction.
- You undertake to defend, indemnify and hold harmless MedNux and its officers, directors, employees, shareholders, customers, agents, successors and assigns and/or anyone acting on its behalf from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in these Terms.
- You undertake not to post any Content which contains material which is unlawful for you to possess or post in the country in which you are resident, or which it would be unlawful for MedNux to use or possess in connection with the provision of the Service.
- You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity or trademarks rights or any other intellectual property rights), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to broadcast the material in question.
- On becoming aware of any potential violation of these Terms, MedNux reserves the right (but shall have no obligation) to decide whether Content complies with the Content requirements set out in these Terms and may remove such Content and/or terminate a User's access, and/or suspend a Users access to the account, without prior notice and at its sole discretion.
- You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You hereby irrevocably waive any legal or equitable rights or remedies you have or may have against MedNux and its officers, directors, employees, shareholders, customers, agents, successors and assigns and/or anyone acting on its behalf with respect to any such Content.
- When deleting content, it is deleted similar to emptying the Recycle Bin on your computer. However, you understand that the removed content may continue with backup copies of the various search engines for a reasonable period of time (but will not be available to others).
- Back up of Content
You are solely responsible for backing up any Content that you post via the Service. MedNux does not guarantee or warrant that any Content will not be subject to inadvertent damage, corruption or loss and you do not and will not have any claim and/or contention and/or demand against/from MedNux and its officers, directors, employees, shareholders, customers, agents, successors and assigns and/or anyone acting on its behalf in respect and/or in connection thereto.
- General Conduct and Obligations
You agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part and you agree to the following commitments by you:
- Not to alter or modify any part of the Website or any of the Service;
- Not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the Content accessible via the Service;
- Not to use the Service for any commercial use, unless you obtain MedNux’s prior written approval or specifically permitted (if and to the extent permitted) under MedNux Terms.
- Not to collect or harvest any personal data of any User of the Service (and agree that this shall be deemed to include MedNux account names);
- Not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any third party rights without the prior written consent of the owner of such rights.
- Not to use for any purpose which is regarded as illegal under any applicable law.
- Not broadcast or transmit, or otherwise making available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- Not to pretend to be anyone, or any entity, you are not;
- Not to plan or engage in any illegal activity or unlawful multi-level marketing, such as a pyramid scheme, on MedNux.
- Not address other users with inappropriate sexual or illegal opportunities or to contain sexually suggestive or explicit content.
- To respect other users when addressing them.
- Copyright policy
- We respect the intellectual property rights of others, and ask our Users to do the same. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us in accordance with our Copyright Policy. For more information please refer to our Copyright Policy. MedNux reserves the right to remove your Content according to our notice and removal procedure set forth in the foregoing policy.
- As part of MedNux's copyright policy, MedNux will, at its sole discretion, terminate or suspend User access to the Service if a User has been determined to be a repeated infringer. A repeated infringer is a User who has been notified of infringing activity more than once.
- Proprietary Rights
You acknowledge and agree that MedNux and/or its licensors own all legal right, title and interest in the MedNux Website and the Service provided to you, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
- MedNux Content
With the exception of Content submitted to the Service by you, you are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to any Content, other than as explicitly set forth in these Terms. Any third party trade or service marks present on Content not uploaded by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MedNux or, where applicable, MedNux's licensors. MedNux and its licensors reserve all rights not expressly granted in and to their Content.
- License Rights
- When you post Content through MedNux, you grant:
- MedNux, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, make available to the public, broadcast and publically perform that Content in connection with the provision of the Service and MedNux's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
- Each User of the Service, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to access your Content through the Service, and to such Content to the extent permitted by the functionality of the Service and under these Terms.
- The above licenses granted by you will continue to be valid after you remove or delete your Content from the Website and it is a perpetual and irrevocable license.
- When you post Content through MedNux, you grant:
- Links from MedNux
- As part of the Service you will be able to post on other websites, including but not limited to, social networks that you are a member in (such as Facebook, Twitter and/or Linkedin etc.), you will also be able to import and export information through these social networks and connect with such social networks through your MedNux account. Furthermore, the Service may include hyperlinks to other web sites that are not owned or controlled by MedNux. MedNux has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites, including other social networks.
- You acknowledge and agree that MedNux is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that MedNux is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
If you make any payment to MedNUx, you agree to our Payments Terms.
- You may terminate your account, for any or no reason, at any time, with notice to MedNux, subject to any Payment Terms that may apply. This notice will be effective upon MedNux's processing your notice. MedNux may at any time and without prior notice, immediately terminate or suspend all or a portion of your account and/or your access to the Service and terminate its legal agreement with you, at its sole discretion. Such termination may take place, among other and without derogating from the generality of the above:
- If you have breached any provision of the Terms; or
- If MedNux is required to do so by law; or
- The provision of the Service to you by MedNux is, in MedNux's opinion, no longer commercially viable.
MedNux and/or its officers, directors, employees, shareholders, customers, agents, successors and assigns and/or anyone acting on its behalf will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MedNux have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this section shall continue to apply to such rights, obligations and liabilities indefinitely.
- Exclusion of Warranties
- Nothing in the Terms shall affect any statutory rights which you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
- The Service is provided "AS IS" and MedNux makes no warranty or representation to you with respect to them.
- In particular MedNUx does not represent and/or warrant to you that:
- Your use of the Service will meet your requirements.
- Your use of the Service will be uninterrupted, timely, secure or free from error.
- Any information obtained by you as a result of your use of the Service will be accurate or reliable, and;
- That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
- TO THE FULLEST EXTENT PERMITTED BY LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND APPLICATION IS AT YOUR SOLE RISK AND THE SERVICE AND APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESANTATIONS, WARRANTIES, CONVENANTS OR CONDITIONS OF ANY KIND. MEDNUX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CUSTOMERS, AGENTS, SUCCESSORS AND ASSIGNS AND/OR ANYONE ACTING ON ITS BEHALF EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDNUX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MEDNUX DOES NOT WARRANT THAT THE SERVICE OR THE APPLCIATION WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDNUX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CUSTOMERS, AGENTS, SUCCESSORS AND ASSIGNS AND/OR ANYONE ACTING ON ITS BEHALF SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY INTERUPTION OF BUSSINESS OR OTHER INTANGIBLE LOSSES (EVEN IF MEDNUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR APPLICATION. WITHOUT DERROGATING FROM THE ABOVE, IN NO EVENT WILL MEDNUX'S (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CUSTOMERS, AGENTS, SUCCESSORS AND ASSIGNS AND/OR ANYONE ACTING ON ITS BEHALF ) TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT EXCEED THE AMOUNT PAID BY YOU TO MEDNUX UNDER THE TERMS (IF ANYTHING). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Nothing in these Terms shall exclude or limit MedNux's liability for losses which may not be lawfully excluded or limited by applicable law.
- Without derogating from section 19.1 and 19.2 above MedNux and its officers, directors, employees, shareholders, customers, agents, successors and assigns and/or anyone acting on its behalf shall also not be liable to you for:
- Any loss or damage which may be incurred by you as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
- Any changes which MedNux may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
- Your failure to provide MedNux with accurate account information;
- Your failure to keep your password or MedNux account details secure and confidential.
- The limitations on MedNux's liability to in this section 19 shall apply whether or not MedNux and its officers, directors, employees, shareholders, customers, agents, successors and assigns and/or anyone acting on its behalf has/have been advised of or should have been aware of the possibility of any such losses arising.
- General Legal Terms
- The Terms constitute the whole legal agreement between you and MedNux and govern your use of the Service.
- You agree that MedNux may provide you with notices, including those regarding changes to the Terms, by email or postings on the Service.
- You agree that if MedNux does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MedNux has the benefit of under any applicable law), this will not be taken to be a formal waiver of MedNux's rights and that those rights or remedies will still be available to MedNux.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and your relationship with MedNux under the Terms, shall be governed by the laws of Israel. You and MedNux agree to submit to the exclusive jurisdiction of the courts of Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MedNux shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.