BPPV RELIEF TERMS OF USE

APPLICATION OF TERMS

These Terms apply to your use of the Application BPPV Relief (the “app”). By using the app and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use the App. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

USE OF THE APP

The Use of the App is intended for physicians and other healthcare professionals. By using the App, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the App or any portion thereof. This App and its content are not intended to replace medical advice from health professionals and shouldn’t be used to diagnose conditions or as a basis for treatment decisions. The information and tools that we make available through this App are provided for educational and informational purposes only. While we hope you find the App useful to you as a healthcare professional, it is in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the App with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the App and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession. If you are a consumer who chooses to access the professional-level information made available through the App, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about diagnosis and treatment, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.

CHANGES

We may change these Terms at any time by updating them on the App. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the App, you agree to be bound by the changed Terms. We may change or discontinue the App without notice or liability. These Terms were last updated on 27th April 2018.

LIABILITY

In no event will any person or entity involved in creating, developing or delivering the BPPV Relief App, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access the BPPV Relief App, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of this APP, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the information provided by this APP. Any claims arising in connection with your use of the App must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

INTELLECTUAL PROPERTY

We own all proprietary and intellectual property rights in the App ( text, graphics, artwork, photographs, logos, icons, sound recordings, animations and look and feel), and the Underlying Systems. You shall not copy, adapt, modify, prepare derivative works based upon, or otherwise exploit the App.

JURISDICTION:

These Terms, and any dispute relating to these Terms or the App, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the App.

BPPV Relief Privacy Policy

Paul Burston built the BPPV Relief app as a Commercial app. This SERVICE is provided by Paul Burston and is intended for use as is. This page is used to inform visitors regarding my policies with the collection, use, and disclosure of Personal Information if anyone decided to use my Service. If you choose to use my Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that I collect is used for providing and improving the Service. I will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at BPPV Relief unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Service, I may require you to provide us with certain personally identifiable information. The information that I request will be retained on your device and is not collected by me in any way. The app does use third party services that may collect information used to identify you. Link to privacy policy of third party service providers used by the app

Google Play Services

Log Data I want to inform you that whenever you use my Service, in a case of an error in the app I collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing my Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory. This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

I may employ third-party companies and individuals due to the following reasons: To facilitate our Service; To provide the Service on our behalf; To perform Service-related services; or To assist us in analyzing how our Service is used. I want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

I value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and I cannot guarantee its absolute security.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by me. Therefore, I strongly advise you to review the Privacy Policy of these websites. I have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

These Services do not address anyone under the age of 13. I do not knowingly collect personally identifiable information from children under 13. In the case I discover that a child under 13 has provided me with personal information, I immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact me so that I will be able to do necessary actions.

Changes to This Privacy Policy

I may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about my Privacy Policy, do not hesitate to contact me.