Terms And Conditions

Terms & Conditions

Terms and Conditions Last Updated Date: October 12, 2020

IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MUST NOT USE ANY Ozzi Ostomy SERVICES INCLUDING THE Ozzi Ostomy MOBILE APPLICATIONS OR Ozzi Ostomy WEBSITE.

These Terms and Conditions govern your usage of the Ozzi Ostomy Services including the ozziostomy.com website, the Ozzi Ostomy iOS and Android mobile applications and the Ozzi Ostomy Platform. Please read these Terms and Conditions carefully before registering for Ozzi Ostomy Services. By clicking on the “Accept” button you accept and agree to be bound by these Terms and Conditions and to legally comply with them. If these contain anything that you do not find to be acceptable, you can elect to not use the services and not register by not clicking on the “Accept” button and in case of iOS and Android mobile applications, additionally uninstalling the applications from your mobile device.

Definitions

These Terms and Conditions use the following definitions for the terms utilized therein:

“Ozzi Ostomy” or “Ozzi Ostomy Service” means the features and services in entirety provided through the website, the mobile applications and the platform. The term “Ozzi Ostomy Services” thus includes, but is not limited to, “Ozzi Ostomy Mobile Application”, “Ozzi Ostomy.com Website”, “Ozzi Ostomy Platform” as defined immediately below.

“Ozzi Ostomy Mobile Applications” means the Ozzi Ostomy Mobile Applications to access Ozzi Ostomy functionality as provided via the Apple App Store for devices running iOS or via the Google Play Store for devices running Android.

“Ozzi Ostomy Website” means the Ozzi Ostomy Website available via the internet on the world wide web for accessing Ozzi Ostomy functionality.

“Ozzi Ostomy Platform” means the Application Programming Interfaces (APIs) and the implementations of those APIs that provide the functionality of Ozzi Ostomy. Both the Ozzi Ostomy Mobile applications as well as the Ozzi Ostomy Website utilize the Ozzi Ostomy Platform to provide the various features and services. As such, unless stated otherwise, the Terms and Conditions set forth herein for the Ozzi Ostomy Services, Ozzi Ostomy Website or the Ozzi Ostomy Mobile Applications also apply to the Ozzi Ostomy Platform.

The Ozzi Ostomy Services including the Ozzi Ostomy.com website, the Ozzi Ostomy iOS and Android mobile applications and the Ozzi Ostomy Platform, are owned and operated by eInterface Technologies.

Website, iOS and Android Mobile Applications

You agree to only use Ozzi Ostomy Services via the Ozzi Ostomy Website or the Ozzi Ostomy Mobile Applications as provided by eInterface Technologies via the Apple App Store for devices running iOS or via the Google Play Store for devices running Android. If you utilize the Ozzi Ostomy Services through the Ozzi Ostomy Mobile Applications, you are granted a limited, non-transferable license to use the mobile application on the device on which the application is installed. You also agree that the mobile application may download and install upgrades, updates and additional features to the mobile application, for software improvements, enhancements, and for general maintenance. You hereby agree to not copy, reverse engineer, decompile, disassemble, attempt to derive or extract the source code of, modify, or create derivative works of the Ozzi Ostomy Website, the Ozzi Ostomy Mobile Applications or the Ozzi Ostomy Platform (with the exception of, and only to the limited extent that, any of the foregoing restrictions may be limited by the licensing terms of any open source software incorporated in the mobile application or be possibly prohibited by applicable law). You agree to not bypass the Ozzi Ostomy Website or the Ozzi Ostomy Mobile Applications and access through any other means, the underlying Ozzi Ostomy Platform that may be utilized by the Ozzi Ostomy Website or Ozzi Ostomy Mobile applications. You may in no way hide, obscure or modify any copyright or other proprietary rights notices included in the Ozzi Ostomy Website or Ozzi Ostomy Mobile Applications. The Ozzi Ostomy Website, Ozzi Ostomy Mobile Applications and Ozzi Ostomy Platform and all intellectual property rights therein are the exclusive property of eInterface Technologies, and all rights in and to the Ozzi Ostomy Website, Ozzi Ostomy Mobile Applications and Ozzi Ostomy Platform not expressly granted to you in this Agreement are reserved.

Intellectual Property

Copyright of the contents of the Ozzi Ostomy Website, Ozzi Ostomy Mobile Applications and Ozzi Ostomy Platform, including without limitations, videos, product names, logos, texts, animations, photographs, site design, user interface design, code, graphics, images, and APIs, unless explicitly stated otherwise, is owned by eInterface Technologies. The reproduction, redistribution and creation of derivative works from the contents of the website and mobile applications is prohibited.

You acknowledge that the services provided by Ozzi Ostomy include proprietary and intellectual property of eInterface Technologies. You agree that all trademarks, copyrights, videos, product names, logos, texts, animations, photographs, site design, user interface design, code, graphics, images, APIs, patents, as utilized by the Ozzi Ostomy Services or elements comprising any part of the Ozzi Ostomy Website and mobile applications, unless stated otherwise are the intellectual property of eInterface Technologies and may not be used, reproduced, redistributed, imitated or represented in any way without the express written permission of eInterface Technologies.

You also agree that, except as expressly authorized by eInterface Technologies, you will not use, modify, rent, lease, loan, sell, exploit for any public or commercial purposes, distribute or create derivative works in any form whatsoever from the Ozzi Ostomy Services or elements comprising any part of the Ozzi Ostomy Website, Ozzi Ostomy Mobile Applications and Ozzi Ostomy Platform, including webpages, software or code.

Terms and Conditions Updates

The Terms and Conditions of use of Ozzi Ostomy Services are subject to change. The “Terms and Conditions Last Updated Date” stated at the top of this agreement, is the date on which the Terms and Conditions were most recently updated. You may view the current Terms and Conditions that are in effect, by clearing all local Ozzi Ostomy information caches, and accessing Terms and Conditions details from either the Ozzi Ostomy Website or from the latest version of the Ozzi Ostomy Mobile Applications.

Services Monitoring and Fulfillment of Requests

Usage of Ozzi Ostomy Services is monitored from various perspectives including the fulfillment of your requests as well as for your adherence with code of conduct and compliance with responsibilities laid out therein. While not every information provided by you is reviewed, Ozzi Ostomy does reserve the right that at its sole discretion it may remove any information you provided that it finds to be in violation of the code of conduct and responsibilities and any other terms and conditions outlined in this agreement.

Code of Conduct and Responsibilities

You agree to use the Ozzi Ostomy Services provided by Ozzi Ostomy Website, Ozzi Ostomy Mobile Applications and Ozzi Ostomy Platform in accordance with the following code of conduct and comply with all responsibilities laid out therein:

1. Ozzi Ostomy does not directly manage the identities that you use with the service, as such you agree to the following responsibilities for handling your identities used with Ozzi Ostomy:

1a. The validated identity used at registration with Ozzi Ostomy serves as the primary identity for your Ozzi Ostomy account. You will use this primary identity to login to Ozzi Ostomy and access Ozzi Ostomy Services. If you should lose access to the primary identity with the primary identity provider and the primary identity provider is unable to authenticate you, then you will lose access to Ozzi Ostomy also. You agree to indemnify Ozzi Ostomy against any claims arising from loss of access to your primary identity and your Ozzi Ostomy account; Ozzi Ostomy shall not be liable if you are unable to authenticate with the primary identity provider and thereby lose access to Ozzi Ostomy.

1b. By successfully validating an identity utilizing the relevant Ozzi Ostomy identity validation method, you are acknowledging that the identity belongs to you and identifies you as the owner with full legal rights to operate that identity. You agree to not impersonate another person or entity using identities that you do not own. You agree to indemnify Ozzi Ostomy against any claims arising from disputes of identity ownership; Ozzi Ostomy shall not be liable if some other person or entity claims ownership of an identity validated by you.

1c. You remain solely responsible as well as liable for all Ozzi Ostomy acts and omissions carried out by you or any third parties that use a validated identity, whether fraudulent or not. You agree to indemnify Ozzi Ostomy against any claims of such nature; Ozzi Ostomy shall not be liable if your validated identity is used by some other person or entity.

2. You will not use Ozzi Ostomy Services to carry out any illegal or unlawful activities.

3. You will not use Ozzi Ostomy Services to harm, in any way harass or intimidate another person or entity.

4. You will not use Ozzi Ostomy Services to infringe on the privacy rights, property rights or any other rights of another person or entity.

5. You will not use Ozzi Ostomy Services to establish relationships other than those directly supported by Ozzi Ostomy.

6. You will not use bots, scripts or any other automated approach to using Ozzi Ostomy Services.

7. You will not use any means to break into another person or entity’s account.

8. You will not use Ozzi Ostomy Services to promote any political agenda, religion, cult, sect or commercial activities.

Commercial use prohibited

Ozzi Ostomy Services are provided for your personal use only. The Ozzi Ostomy Services may not be utilized for any commercial purposes. Unauthorized or illegal use of Ozzi Ostomy Services may result in legal action, including without limitation, civil, criminal and injunctive remedies.

Security

Ozzi Ostomy Services do follow security practices such as securing communications with certificates, to protect the confidentiality of your personally identifiable information. However, perfect security on the internet is far from attainable, as such you acknowledge and agree to the following:

(i) that Ozzi Ostomy Services cannot guarantee the privacy and security of the information that you provide and that you release eInterface Technologies from any and all liability as pertains to any breach of this information;

(ii) that Ozzi Ostomy Services cannot guarantee and assume no responsibility that the person or entity staking ownership to an identity is indeed the genuine owner of that identity and that you release eInterface Technologies from any and all liability as it pertains to Ozzi Ostomy Services communicating requests to you from any person or entity;

LIMITATION OF LIABILITY

Ozzi Ostomy SERVICES ARE BEING PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL eInterface Technologies BE LIABLE FOR DAMAGES OF ANY KIND, INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED BY ANY Ozzi Ostomy SERVICES, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE Ozzi Ostomy SERVICES, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PROVIDED BY Ozzi Ostomy SERVICES. eInterface Technologies SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED BY Ozzi Ostomy SERVICES, THE USE OR INABILITY TO USE THE Ozzi Ostomy SERVICES, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PROVIDED BY Ozzi Ostomy SERVICES, EVEN IF eInterface Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT eInterface Technologies CORRECT THE MATTER OR, IF eInterface Technologies FAILS TO DO SO, TO DISCONTINUE USE OF Ozzi Ostomy SERVICES OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Your use of the app and its content is entirely at your own risk. To the maximum extent permitted by law, in no event will eInterface Technologies or any of its agents, officers, employees, advisors, volunteers, or contractors, or the authors and their employers, be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental, special, punitive, exemplary, or other similar damages resulting from, arising out of, the use of, the results of the use of, or the inability to use the app, its contents whether arising under contract, breach of warranty, tort, negligence, strict liability, enterprise liability, product liability, any other theory of liability, or otherwise, and whether or not eInterface Technologies has been advised of the possibility of such damages or such damages are otherwise foreseeable (including, as examples of such damages, but not in limitation thereof, personal injury or death, loss of use, privacy, business information, data, revenue, profits, or goodwill, damage to business or business relationships, business interruption, procurement of substitute goods, services, or facilities, economic losses, property or equipment damage, or attorneys’ fees and disbursements). You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with this app is to stop using the app.

Indemnification

You will, at your sole expense, indemnify, defend, and hold harmless eInterface Technologies and its officers, directors, owners, managers, employees, members, shareholders, advisors, volunteers, agents, affiliated entities, representatives, successors, and assigns (the “indemnifiable parties”) from and against any and all losses, damages, penalties, expenses, costs, fees (including reasonable attorneys’ fees), and liabilities of any kind or nature (including claims for personal injury or death of any person or the damage to property) including but not limited to resulting from, arising out of, or related to (A) the use of, the results of the use of, or the inability to use the app and its contents by you or any person or entity claiming through you; (B) any violation of the rights of any third party by you; (C) willful misconduct or unlawful or negligent acts or omissions by you; (D) any breach of the terms and conditions for use of Ozzi Ostomy Services; (E) your violation of applicable laws, rules, and regulations. eInterface Technologies reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with eInterface Technologies in asserting any available defenses, provided, however, that you shall remain liable for any such claim.

Limitation of Actions

You agree, that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of Ozzi Ostomy Services shall be made known to eInterface Technologies by you within 30 days of the date of your last use of Ozzi Ostomy Services or the date of when the claim or cause of action arose, whichever is earlier, otherwise it shall be forever barred.

Disclaimer of Warranties

The Ozzi Ostomy Service and its contents are provided “as is.” eInterface Technologies makes no representations or endorsement about the suitability for any purpose of products and services available through the app. eInterface Technologies does not guarantee the timeliness, validity, completeness, or accuracy of the content and disclaims all warranties and conditions, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the content and all other information contained on and/or made available through the app, including but not limited to the availability of the app. Although we may update the content of the Ozzi Ostomy Service from time to time, please note that medical information changes rapidly. Therefore, some of the information may be out of date and/or may contain errors.

In particular, eInterface Technologies makes no representation or warranty that the app and/or content provided on or through the Ozzi Ostomy Service, or your use of this service or such content, will not infringe any patent or other proprietary right of any other person.

Arbitration Agreement and Class Action Waiver

All disputes or claims relating to Ozzi Ostomy Services, including but not limited to any breach of these Terms and Conditions, shall be resolved via BINDING ARBITRATION arbitrated by the American Arbitration Association with the place of arbitration being Atlanta, GA, USA.

By using any Ozzi Ostomy Services in any manner you agree to the above arbitration agreement as the exclusive means to resolve all disputes and claims between you and eInterface Technologies. You agree that by entering into this arbitration agreement YOU ARE WAIVING YOUR RIGHTS TO LITIGATE DISPUTES AND CLAIMS BETWEEN YOU AND eInterface Technologies IN COURTS BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

In the event that the foregoing arbitration agreement is for any reason unenforceable, you agree that all claims and disputes between you and eInterface Technologies shall only be litigated in and settled by courts located in Fulton County, Georgia, USA.

Miscellaneous

The failure of eInterface Technologies to exercise or enforce any right or provision in this agreement does not constitute a waiver of such right or provision. If any provisions of this agreement are found to invalid, then the other remaining provisions shall remain in full force and effect. Unless explicitly stated otherwise, this agreement shall survive any termination of your use of Ozzi Ostomy Services. The headings used in the agreement are a convenience measure only and carry no legal interpretation.

Termination

Ozzi Ostomy may at its sole discretion, for any reason or no reason, with or without formal notice to you, terminate or suspend access to all or partial service. In the event of termination of your Ozzi Ostomy Services, Ozzi Ostomy reserves the right to notify and share any details of your Ozzi Ostomy activity with other Ozzi Ostomy users.

Payments

Ozzi Ostomy Services as provided by eInterface Technologies are currently free but please take note that your Internet Service Provider’s and/or Carrier’s fees for use of their networks and services, such as data charges, text messaging charges, may still apply and need to be borne by you. eInterface Technologies may at its sole discretion change the fee structure of the Ozzi Ostomy Services on a 15 days prior notice. If you do not wish to accept the changes, you may terminate your usage of Ozzi Ostomy Services.

Medical Disclaimer

We strongly recommend that you speak to your physician or healthcare provider before using the Ozzi Ostomy Service.

The Ozzi Ostomy Service and any and all content of the service is provided for educational, research, and reference purposes only. The app is not designed to replace or substitute the clinical judgment of a qualified health care professional. Nothing contained in the content is intended to constitute professional advice for medical diagnosis or treatment. The practice of medicine is a complex process that involves the synthesis of information from multiple sources. All medical decisions and any diagnosis, treatment, or care plan, made by the user, health care professionals, or physicians as the result of the use of the software or documentation are strictly the responsibility of those individuals and/or licensee. It is the responsibility of the user and their healthcare provider and/or healthcare services to check and determine all diagnosis and the indications, contraindications, and dosages of any medications and.or treatments prescribed or undertaken.

eInterface Technologies and its officers, directors, owners, managers, employees, members, shareholders, advisors, volunteers, advisors, volunteers, agents, affiliated entities, representatives, successors, accept no responsibility for the usefulness or effectiveness of any treatment, procedure, or process based in whole or in part upon use of Ozzi Ostomy Services. Although great care has been taken in compiling and checking the information given to ensure accuracy, eInterface Technologies and its officers, directors, owners, managers, employees, members, shareholders, advisors, volunteers, agents, affiliated entities, representatives, successors, shall not be responsible or in any way liable for any errors, omissions, or inaccuracies, whether arising from negligence or otherwise, or for any consequences arising therefrom.