Medwell - Terms of Service

Last Updated February 2023

These Terms of Service (“Terms”) apply to your access and use of the Medwell website(s), devices including associated firmware, applications, software, websites, APIs, products, solutions and services the (“Service(s)”).

For information about our data practices, please see our Privacy Policy. By accessing or using the Medwell Service, you agree that we can collect and use your information in accordance with terms of the Privacy Policy.

These Terms are an agreement between you and Medwell . When the Terms mention “Medwell,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Medwell Service.

You agree to comply with these Terms and any supplemental terms which Medwell makes available to you on the Service which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICE, OR BY INDICATING YOUR ACCEPTANCE TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR “ACCEPT”, ACCESSING THE SERVICE OR ANY SIMILAR MECHANISM OR ANY OTHER INTERACTION, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICE. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

If you access or use the Service on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” shall refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Medwell Service cannot be provided and the agreement described in these Terms of Service cannot be performed without Medwell processing data about you, and other individuals in your organisation or network, including your location data. Processing of the data you share with Medwell (including location data) is essential to the Service which we provide and a necessary part of our performance of the agreement we have with you.

Service

1.1

The Service is supported by Medwell in the provision of the Service and Equipment to Subscribers and third party individuals (“Users”).

1.2

You may only connect to the Medwell Service using

1.2.1.

a Medwell approved device; or

1.2.2.

our mobile applications and software, or approved software, or devices; and

1.2.3.

You may not connect to the Medwell Service with any device that is not approved by Medwell.

Service does not offer medical advice, diagnosis or treatment

1.3

For the avoidance of doubt:

1.3.1.

Medwell does not offer medical advice or any emergency response Service through the Service. Subject to the terms herein, any content accessed through the Service is at best for informational purposes only, and is not intended to be representative of any informed medical advice, or to cover all possible uses, directions, precautions, drug interactions, or adverse effects.

1.3.2.

The Service is not intended for the diagnosis or treatment of any medical condition. Please consult your prescribing doctor if you have any questions about any data shown on through Medwell. Call your doctor or family caregivers for all medical emergencies. The Service is not an emergency response service.

We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. We shall have the right to, at any time, amend any rules, rates, fees, charges, and/or terms and conditions in respect of the Service, by publishing such amendments on https://medwell.id. You agree that such publication will constitute notice of the amendments. Your continued use of the Service will constitute acceptance of the amendments.

Creating An Account

Using the Service requires that you create an account by providing us with true, accurate, current and complete information about yourself (“User Data”) such as your full name and a valid email address, and promptly update such User Data. You agree that Medwellmay use your User Data to provide the Service that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Medwell has reasonable grounds to suspect that such User Data is inaccurate or not current, Medwell has the right to suspend or terminate your account and refuse current or future use of the Service. In consideration of your use of the Service, you represent that you are not a person barred from receiving Service under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your account, your equipment (wearable devices), computer(s) and mobile device(s) while logged into the Service. You accept responsibility for all activities that occur under your account or from your equipment (wearable devices), computer(s) and mobile device(s). While we employ reasonable security measures to protect against unauthorized access to your account, Medwell cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the Service or its content.

You are responsible for all activity that occurs in association with your account. Medwell is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please immediately notify Medwell of any unauthorized use of your account or password, or any other breach of security, and you confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Medwell.

Necessary equipment (wearable devices)

Full use of the Medwell Service is dependent upon your use of a computer or such other approved device with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment (wearable devices) may influence the performance of the Service and it is your responsibility to ensure the equipment (wearable devices) or network’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

Our Enforcement Rights

We reserve the right (but are not required) to suspend, remove or disable access to the Service, or Your Content at any time and without notice, and at our sole discretion, if we determine that your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service, and in response may take any action we may deem appropriate.

Use The Medwell Service At Your Own Risk

If you rely on the Service, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the Service, but we make no endorsement, representation, or warranty of any kind about any information, or Service. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Medwell Service.

Use of the Service should not replace your good judgment and common sense.

Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Service (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Service in all media formats and channels now known or later developed without compensation to you.

The Service may provide you with the ability to mark certain Content that you submit to the Service as private, public, or available only to select users of the Service. Medwell will maintain the privacy of such Content in accordance with your chosen settings. However, if you do not elect to mark your Content as private or available for a limited group of Users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

Electronic communications

The Service may provide you with the ability to send or post messages or content to a network, community, forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other Users and/or Medwell. You agree to use communication methods available on the Service only to send communications and materials related to the subject matter for which Medwell has provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable laws and regulations. By using communications methods available on the Service, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not be endorsed, sponsored or approved by Medwell (unless expressly stated otherwise by Medwell) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Medwell in any manner, though Medwell reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Electronic communications

The Service functions as a venue to connect Users in a virtual information venue. As a neutral facilitator, Medwell is not directly involved in the actual interactions between Users using the Service. As a result, Medwell has no control over the truth, accuracy, quality, legality, or safety of postings made by Users using the Service. Medwell shall have no responsibility to confirm the identity of Users. Medwell shall also have no responsibility to confirm or verify the qualifications, background, or abilities of Users or other persons accessing the Service. You shall at all time exercise common sense and good judgment when dealing with any other User using the Service.

If you elect to use our features to inform your contacts about the Service, track your activities, or share your information with others, Medwell may require you to provide contact information. Medwell may contact that third party contact via a one-time email or text message, or such other secure verification process for verification purposes. You represent that you are authorized to provide any third party contact information that you provide to Medwell, that you are authorized to use such information to contact (including for Medwell to contact on your behalf) the third party and that Medwell may process it pursuant to the Privacy Policy.

Challenges

Medwell creates and administers certain Challenges as well as other community activities through the Service. Medwell may choose to verify certain Challenges. We reserve the right to revoke or transfer ownership of Challenges, remove, modify or edit content, and remove a Challenge at any time. If you request a transfer of ownership of a Challenge, Medwell may require you to provide certain documentation.

If you, as an user or organization, create a Challenge on Medwell, you are responsible for ensuring that your Challenge: (a) abides by these Terms of Service and our [Community Standards]; (b) does not claim or suggest an affiliation with Medwell whether by using Medwell’s intellectual property or otherwise; (c) has the right to use or post all content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and (d) does not use the Challenge to advertise or promote any contests, sweepstakes, or other promotions. Challenge administrators hereby agree to indemnify and hold Medwell harmless from any and all claims arising out of your Challenge, including but not limited to claims of intellectual property infringement.

10.

Consult Your Doctor Before Using The Medwell Service

The Medwell Service is not intended to diagnose, treat, cure, or prevent any disease. If you experience a medical emergency, please consult with a medical professional immediately. We are not responsible for any health problems that may result from consultations, or products you learn about through the Service. If you engage in any program you receive or learn about through the Service, you agree that you do so at your own risk and are voluntarily participating in these programs.

Prolonged contact with wearable devices (for compatible types such as Fitbit) may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.

11.

Proprietary Rights

You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any), any aggregated data based on Content on the Service, and any Content available or made available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Medwell or applicable third party service providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part.

Medwell grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Service; provided that you do not (and do not allow any third party to) directly or indirectly copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interfaces that are provided by Medwell.

The term MEDWELL, the Medwell logo and other Medwell logos and product and service names are the exclusive trademarks of, and are owned by, Medwell and you may not use or display such trademarks in any manner without Medwell’s express prior written consent. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.

Medwell reserves all rights not expressly granted hereunder.

12.

User Conduct

We expect you to honor the Medwell Community Standards. The Services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to Content.

You may not use the Service, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

Copying, framing or mirroring any part of the Service;
Accessing the Service to monitor its availability, performance or functionality;
Permitting any third party to access the Service;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Service or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Medwell;
Publishing, transmitting, distributing or storing content, material, information or data that: (a) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (b) is harmful to or interferes with the Service or any third party’s networks, equipment (wearable devices), applications, Service or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Service or the computers, Service, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Medwell internet protocol space;
Avoiding payment of charges or fees payable by you with respect to the Service;
Committing any act that may be harmful to minors or others;
Distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Medwell than a human can reasonably produce in the same period of time by using a conventional web browser;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Service, from the Service;
Using the Service for any inappropriate, commercial or solicitation purposes;
Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
Submitting to the Service or to Medwell any personally identifiable information, except as necessary for the establishment and operation of your account;
Submitting to the Service or to Medwell any information that may be protected from disclosure by applicable law;
Bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Service; or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Service may require you to purchase third party equipment or materials (as already mentioned in clause 3), e.g., wearable devices. While Medwell may recommend the equipment or materials of certain third party suppliers, Medwell shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Service or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.

13.

Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Medwell, or obtained from sources other than you.

14.

Alerts And Notifications

As part of your use of the Medwell Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

15.

Third-Party Services

The Medwell Service may display or permit linking or other access to or use of third-party content, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Medwell’s control. This may include the opportunity for you to link your Medwell account, Medwell data, or the Medwell Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Medwell Service, such as third party applications accessed on Medwell devices, are not part of the Medwell Service and are not controlled by Medwell, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Medwell Privacy Policy do not apply to any Third- Party Services. If you connect your account to Third-Party Services or network(s), you agree to comply with the terms and conditions and policies applicable to such third parties. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

16.

Changes To The Terms or Service

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Service. Medwell reserves the right to update the Terms at any time and for any reason in its sole discretion. Medwell will notify you of any material changes to the Terms or to any service or other features of the Service. By continuing to access or use the Service after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

Medwell and its third party service providers may make improvements and/or changes in the Service, products, Service, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Medwell products without prior notice to you. Medwell reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that Medwell shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17.

Fees

In order to access certain functions of the Service, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Users changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing cycle. You agree to pay the subscription fees, and other charges that you may incur in connection with your Medwell account, whether on a one-time or subscription basis. Medwell reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

18.

Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Medwell Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting biocare@biofarma.co.id

19.

Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY. MEDWELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MEDWELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT MEDWELL IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. THE CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR THE EMERGENCY SERVICE IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICE, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT ON THE SERVICE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND MEDWELL.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING MEDICATION SCHEDULES AND RECOMMENDED EXERCISES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF MEDWELL OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. ALWAYS CONSULT YOUR DOCTOR OR MEDICAL HEALTHCARE PROFESSIONAL BEFORE USING OUR SERVICES OR IF THERE IS ANY DOUBT ABOUT ANY INFORMATION RECEIVED VIA THE SERVICES.

YOU EXPRESSLY AGREE THAT MEDWELL DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICE, INCLUDING ANY THAT ARE ORGANIZED BY A CHALLENGE ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE MEDWELL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE MEDWELL WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICE OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY MEDWELL INSTRUCTIONS OR RECOMMENDATIONS), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICE, (b) YOUR USE OR MISUSE OF EQUIPMENT (WEARABLE DEVICES) OR PROGRAMS CREATED OR LICENSED BY BECAUSE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

MEDWELL DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICE.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT OF FEES PAID BY YOU TO MEDWELL IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

20.

Indemnity

You will indemnify and hold harmless Medwell or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Medwell Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third- party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification

21.

Indemnity

Neither Medwell, its suppliers, or licensors, nor any other party involved in creating, producing, or delivering the Service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Medwell has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Medwell’s total liability arising out of or in connection with these terms or from the use of or inability to use the Service exceed the amounts you have paid to Medwell for use of the Service, if you have not had any payment obligations to Medwell, as applicable.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Medwell and you.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

22.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Medwell and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Medwell and you regarding the Service.

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Service. When you use the Service after a modification becomes effective, you are telling us that you accept the modified Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Medwell’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Medwell may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Medwell under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Medwell’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Medwell. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms shall prevail.

24.

Legal Compliance

You represent and warrant that you shall at all times comply with all laws and regulations applicable to your use of the Service.

25.

Please contact us if you have any questions about these terms. You may contact us at biocare@biofarma.co.id or at our contact below.

PT Bio Farma (Persero)

Contact 1 500 810

biocare@biofarma.co.id

1500810

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