TERMS AND CONDITIONS OF USE
Last updated on: January 31st , 2018
By signing up for the eMIRAmed service (“Service”) or any of the services of eMIRAmed (“eMIRAmed”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). eMIRAmed reserves the right to update and change the Terms of Service by posting updates and changes to the eMIRAmed website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using eMIRAmed or any eMIRAmed services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a eMIRAmed account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. eMIRAmed may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that eMIRAmed will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. eMIRAmed cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your eMIRAmed Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of eMIRAmed will result in an immediate termination of your services.
Don’t use eMIRAmed for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of Germany applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Germany with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that eMIRAmed may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on eMIRAmed’s website, available at http://shop.emiramed.com/content/3-terms-and-conditions-of-use and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to eMIRAmed’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the eMIRAmed service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Germany and the Province of Ontario.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by eMIRAmed.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use eMIRAmed or eMIRAmed trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks by PayPal.
The eMIRAmed service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
3. eMIRAmed Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any eMIRAmed customer, eMIRAmed employee, member, or officer will result in immediate Account termination.
- eMIRAmed does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that eMIRAmed employees and contractors may also be eMIRAmed customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- eMIRAmed retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, eMIRAmed reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a eMIRAmed account, we can freeze the account or transfer it to the rightful owner.
4. Limitation of Liability
- You expressly understand and agree that eMIRAmed shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall eMIRAmed or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, eMIRAmed partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- eMIRAmed does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- eMIRAmed does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- eMIRAmed does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
5. Waiver and Complete Agreement
The failure of eMIRAmed to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and eMIRAmed and govern your use of the Service, superseding any prior agreements between you and eMIRAmed (including, but not limited to, any prior versions of the Terms of Service).
If eMIRAmed chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and eMIRAmed don't apply if they conflict with these terms.
6. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the eMIRAmed service. All material you upload remains yours. You can remove your eMIRAmed store at any time by deleting your Account.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow eMIRAmed to display and store your Store Content; and (c) that eMIRAmed can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a eMIRAmed store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Anything you upload remains yours and your responsibility.
7. eMIRAmed Shipping
If you are located in the United States, you can purchase shipping labels from within your eMIRAmed administrative console (“eMIRAmed Shipping”) for delivery of goods purchased from your eMIRAmed Store. In addition to these Terms of Service, your access to and use of eMIRAmed Shipping is subject to the eMIRAmed Shipping Terms of Service, located at http://shop.emiramed.com/content/1-delivery.
8. eMIRAmed Experts
- eMIRAmed Experts is an online directory of independent third parties ("Experts") that can help you build and operate your eMIRAmed store. eMIRAmed does not employ Experts and is in no way affiliated with Experts.
- eMIRAmed does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of eMIRAmed and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall eMIRAmed be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and eMIRAmed experts. These limitations shall apply even if eMIRAmed has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of eMIRAmed and we are not responsible for them.
9. Payment of Fees
- A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your eMIRAmed administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of Germany, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of eMIRAmed’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of eMIRAmed’s products and services, including without limitation, your subscription to or purchase of eMIRAmed’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Germany or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of eMIRAmed’s products and services, you must provide us with a statement by email to shop@eMIRAmed.com stating that: (i) you are not a resident of Germany or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Germany when eMIRAmed’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of eMIRAmed’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Germany or the U.S., you must advise us immediately by email to shop@eMIRAmed.com.
- eMIRAmed does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
10. Cancellation and Termination
Sales of medical products are final. There would be no returns or refund once the external package has been opened.
- You may cancel your Account at anytime by emailing shop@eMIRAmed.com and then following the specific instructions indicated to you in eMIRAmed's response.
- Upon termination of the Services by either party for any reason:
- eMIRAmed will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
- any outstanding balance owed to eMIRAmed for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
- If you purchased a domain name through eMIRAmed, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the eMIRAmed Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, eMIRAmed may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, shop@eMIRAmed.com. eMIRAmed will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through eMIRAmed will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from eMIRAmed. Such notice may be provided at any time by posting the changes to the eMIRAmed Site (eMIRAmed.com) or the administration menu of your eMIRAmed store via an announcement.
- eMIRAmed reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- eMIRAmed shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
12. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, eMIRAmed’s partners or other third parties.
- eMIRAmed may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the eMIRAmed Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or eMIRAmed’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that eMIRAmed has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on eMIRAmed’s websites, including the eMIRAmed Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with eMIRAmed. eMIRAmed strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. eMIRAmed is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
- Under no circumstances shall eMIRAmed be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if eMIRAmed has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the eMIRAmed platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
13. DMCA Notice and Takedown Procedure
eMIRAmed supports the protection of intellectual property and asks eMIRAmed merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to eMIRAmed’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure
eMIRAmed respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send eMIRAmed a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
Irvine, CA 92618,