Terms and Conditions of ASSIC Performance Fingerprint application
- Your Acceptance
- The ASSIC Performance Fingerprint application (hereafter referred as to the ASSIC PF App) is a data management application that allows a user to capture and/or transmit physiologic health data as is set out in more detail hereinbelow.
- A user, for the purposes of these Terms and Conditions, will be any person and/or any other legal entity utilising the ASSIC PF App.
- By downloading the ASSIC PF App the user agrees to the following:
- The user indemnifies ASSIC PF App, its shareholders, directors and affiliates from any and all damages which may arise due to the use of the ASSIC PF App by the user or any representative and/or employee of the user.
- The user acknowledges that the ASSIC PF App does not dispense medical advice of any kind. As such, ASSIC PF App shall not be liable for any medical advice dispensed by the user to a third party.
- ASSIC PF App makes no warranties and/or representations regarding the correctness and/or accurateness of information uploaded to the ASSIC PF App.
- Any reference herein to ASSIC PF App shall include ASSIC Medical (Pty) Ltd.
- Ownership and Rights.
The ASSIC PF App and all associated components such as licences, trademarks, etc are owned by ASSIC Medical (Pty) Ltd and all rights thereto vests with ASSIC Medical (Pty) Ltd. No ownership rights are transferred to any user of the ASSIC PF App.
- User Status Submissions
- The ASSIC PF App allows the user to submit text, data, pictures and files and other communication submissions to the selected components within the ASSIC PF App.
- The user accepts that when using the ASSIC PF App the user will be exposed to information from a variety of sources including advertisements from third parties.
- ASSIC PF App is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any submissions by a user, and such submissions are not the responsibility of ASSIC PF App.
- The user understands and acknowledges that it may be exposed to submissions that may be inaccurate, offensive, indecent, or objectionable, and it agrees to waive, and hereby does waive, any legal or equitable rights or remedies it has or may have against ASSIC PF App.
- The ASSIC PF App permits the user to link to materials on the Service for medical purposes only.
- ASSIC PF App reserves the right to discontinue use of the ASSIC PF App at any time and without notice to the user.
- The user agrees that its use of the ASSIC PF App shall be at its sole risk.
- To the fullest extent permitted by law, ASSIC PF App, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the ASSIC PF App and its use.
- ASSIC PF App makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature whatsoever, resulting from the user’s access to and use of our service,
- any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from our service,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party,
- and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the ASSIC PF App.
- ASSIC PF App does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the ASSIC PF App or any hyperlinked website or featured in any user status submission or other advertising, and the ASSIC PF App will not be a party to or in any way be responsible for monitoring any transaction between the user and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, the user should use your its judgment and exercise caution where appropriate.
- The user specifically acknowledges that ASSIC PF App shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the user.
- The user agrees to defend, indemnify and hold harmless ASSIC PF App, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- use of and access to the ASSIC PF App
- violation of any term of these Terms of Service;
- violation of any third party right, including without limitation any copyright, property, or privacy right;
- or any claim that one of the user’s information submissions caused damages to a third party.
These Terms of Service and specifically this indemnity provision will survive beyond the user’s use of the ASSIC PF App.
- The user acknowledges that the use of the ASSIC PF App may take place whilst the user is engaged in physical activity. The user specifically indemnifies and holds ASSIC PF App harmless from any claim for any injuries and/or medical events, and/or damages of any kind which the user may suffer as a result of the use of the ASSIC PF App whilst the user is engaged in physical activity or exercise of any kind.
- The user acknowledges that the ASSIC PF App collates and stores the Personally Identifying Information (as defined in clause 7 hereinbelow). The user specifically indemnifies and holds ASSIC PF App harmless from any claim by the user or any third party as a result of the unauthorised use of and/or publication of the Personally Identifying Information howsoever arising.
- The user specifically indemnifies ASSIC PF App from any claims which may arise as a result of the user allowing third party access to the user’s ASSIC PF App account/profile.
- The ASSIC PF App provides scientific guidelines in respect of physical exercise and fitness training however the user is required to and hereby undertakes to consult a medical professional to determine his/her physical ability to undertake the physical exercise and/or fitness training programmes provided by ASSIC PF App.
The Information collected by ASSIC PF App
- ASSIC PF App may obtain the following types of information from or concerning the user or its mobile phone device:
- Contact information of the user, including but not limited to the email address and identity number.
- Medical Data of the user, including but not limited to allergies, medical history, family medical history, surgical history, medication use history, exercise history, general medical information and fitness information.
- Laboratory Data of the user, including but not limited to laboratory test results in respect to blood tests, tissue tests, genetic tests, urine tests and organ testing.
- The above information shall collectively be referred to as the “Personally Identifying Information”.
- The ASSIC PF App servers store the Personally Identifiable Information of the user with the user’s consent to the storage of said information.
- Although all care has been taken by ASSIC PF App, to ensure privacy and confidentiality of the Personally Identifiable Information, ASSIC PF App shall not be responsible for any loss of information and/or breach of privacy in respect of the Personally Identifiable Information.
- ASSIC PF App shall not be liable for any damages suffered by the user as a result of the Personally Identifying Information not being available to the user.
- ASSIC PF App does not sell or share Personally Identifiable Information with any third-parties.
- ASSIC PF App may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.
- The user hereby consents that ASSIC PF App may sell and/or distribute Personally Identifiable Information to third parties on the basis that the identity and/or contact details of the user is not disclosed to any such third party.
- ASSIC PF App also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that ASSIC PF App believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the ASSIC PF App or our servers, and to protect the rights, property, or personal safety of ASSIC PF App, our users or others.
Our Commitment To Data Security
- ASSIC PF App uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of the personal information of the user. We cannot, however, ensure or warrant the security of any information you transmit using ASSIC App and the user does so at its own risk.
- Using unsecured Wi-Fi or other unprotected networks to submit messages through the ASSIC PF App Service is never recommended.
- ASSIC PF App makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If ASSIC PF App learns of a security systems breach, then we may attempt to notify the user electronically so that it may take appropriate protective steps.
- ASSIC PF App may post a notice on the ASSIC PF App and website or through other means should a security breach occur.
Changes and updates to these Terms and Conditions