PhyPal Terms and Conditions for Website Use
Last updated and effective as of 11th July 2020
The following Terms and Conditions (“Terms”, “Terms and Conditions”) govern your access or use by you of website; www.phypal.com, (the “Website” or “Company” or “PhyPal”) operated by PhyPal Inc. (“us”, “we”, or “our”).
Please read these Terms carefully before using the Service.
Your access to and use of the Website and its services is conditioned on your acceptance of and compliance with these Terms including the additional Privacy Policy (“Privacy Policy” or “Privacy”). These Terms apply to all visitors, users and others who access or use the Website. By accessing or using any part of the Website you agree to be bound by these Terms. These Terms contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in any services provided and/or facilitated by the Website.
The Terms set forth below constitute a legally binding agreement between the Company and you.
If you do not agree with this agreement, then you are expressly prohibited from using the site and you must discontinue use immediately.
Notice: Your use of this the Website beyond the home page constitutes acceptance of the Terms of Use.
1. Acceptance of Terms
1.1 By registering an account on the Website, or otherwise accessing or using any part of the Website you accept these terms and conditions and agree to be bound by them. The established agreement shall be referred to in these Terms as the User agreement. (“User Agreement”)
1.2 For all intents and purpose, any individual, enterprise or other entity browsing this website, irrespective of intent to subscribe to PhyPal’s services, shall be deemed a User of this Website. For the purposes of these Terms, such individuals, enterprises or other entities have been referred to as “You(r)” or the “User”.
2. Children Online Privacy
2.1 By accepting these terms and conditions, you agree that you are at least eighteen years of age at the moment of registration. If you have not yet reached the required eighteen years of age, please submit a written form containing the explicit consent of your parents to [email protected] so that we may accept your registration and welcome you to our community. Failure to do so exposes your account to termination subject to the discretion of the Company.
3. Termination of the User Agreement
3.1 Termination of the User agreement by either party will result in a ban or the deletion of the account created by the said User.
3.2 The User Agreement is effective until terminated by either party. If a user no longer agrees to be bound by these Terms, he must notify the site administration of the termination. The Company has employed measures to determine if the User Agreement has been terminated; however, you hereby agree to provide time give notice of the termination of the User agreement and request a ban or deletion of the account.
3.2.1 These notices and requests are only accepted by the Website administration when they:
3.2.1.1 are received through the officially available contact forms; and
3.2.1.2 originate from the user who´s account is subject to the notice or request; and
3.2.1.3 are on request by the Website administration confirmed by a message originating from the e-mail account or telephone number associated with the account.
3.3 If you’d like your account permanently deleted with no option for recovery, send us an email at [email protected] with the request to do so.
3.4 When your account has been deleted, the Company will use reasonable efforts to remove your content from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable. Please note that the deletion of banning of a User account does not mandate the deletion and removal of any data that may have been collected for or pertaining to the impugned User.
4. Changes to these Terms
4.1 PhyPal reserves the exclusive right to change or add to these Terms.
4.2 PhyPal may change these Terms or the features of this Site, including eliminating or discontinuing any services, products, content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. All changes shall be effective immediately upon posting of such notice. If you use the Website after PhyPal has changed these Terms, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted modification.4.2.1 Any changes will also be binding upon pre-existing User agreements subject to the user being given 30 days’ notice of the changes.
4.2.1.1 Within such period of thirty (30) days, PhyPal shall give serious consideration to the objections of the user and may decide to revoke or amend the changes on the basis of such objections. If PhyPal rejects an objection, the user is entitled to terminate the User agreement at the end of this notice period.
5. PhyPal account and content security
5.1 By creating an account on the Website, you are responsible for maintaining the security of the account and its content and are fully responsible for all activities that occur under the account and any other actions taken in connection with the content.
5.2 You must not describe or assign keywords to the content in a misleading or unlawful manner, including in a manner intended to trade on the name, physical property or reputation of others, and PhyPal may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PhyPal’s liability.
5.3 You must immediately notify PhyPal of any unauthorized uses of the content, the account or any other breaches of security.
6. Responsibility of registered users
6.1 When you register an account, post on the Website, post material, including but not limited to proprietary information such as identification documents, to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “User Content”), you are entirely responsible for the content of, and any harm resulting from, that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software. By making User Content available, you represent and warrant that:
6.1.1 the User Content does not contain anything threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another´s privacy, hateful or is racially, ethnically or otherwise objectionable; and
6.1.2 the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; and
6.1.3 if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content; and
6.1.4 you have and shall not have any grievances against the compilation and computation of the User Content by the Company for internal and external purposes of commercial nature or otherwise; and
6.1.5 you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms; and
6.1.6 the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; and
6.1.7 the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
6.1.8 the User Content is not pornographic or otherwise “Not Suited For a Workplace environment”, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
6.1.9 your User Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
6.1.10 your User Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your name in the identification documents that you submit is not the name of a person other than yourself or company other than your own; and
6.1.11 you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PhyPal or otherwise.
6.2 By submitting User Content to PhyPal for inclusion on our Website, you grant PhyPal a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Content as per the discretion of PhyPal.
6.3 Without limiting any of those representations or warranties, PhyPal has the right (though not the obligation) to, in PhyPal sole discretion refuse or remove any content that, in PhyPal reasonable opinion, violates any internal or published company policy or is in any way harmful or objectionable. PhyPal will not be liable for any acts or omissions by the user, including any damages of any kind incurred as a result of such acts or omissions.
7. Prohibited Activities
7.1 The PhyPal Content (as defined in Clause 12.4) on this Website (including, but not limited to, messages, data, information, text, photos, graphics, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. By using the Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site. Additionally, you agree not to:
7.1.1 use this Website or its contents for any commercial purpose; and
7.1.2 access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; and
7.1.3 violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; and
7.1.4 take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; and
7.1.5 deep-link to any portion of this Website for any purpose without our express written permission; and
7.1.6 “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorisation; and
7.1.7attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PhyPal in connection with the Website or the services we provide.
8. Responsibility of website visitors
8.1 PhyPal has not reviewed, and cannot review, all of the material, including identification documents, posted to the Website, and cannot therefore be responsible for that material its content, use or effects. By operating the Website, PhyPal does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PhyPal disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
9. Violation of the Terms
9.1 PhyPal reserves the right to terminate any account on the service or deny access to and use of the Website to any individual or entity if its use of the Web site has resulted in the violation of any of these terms or conditions, no matter how minor. Other than the termination of the account, violations can result in the issuing of official warnings or (temporary) bans to the account of the user. Members of the site administration staff (“Staff Member”) evaluate each particular Terms violation and the outcome thereof on a case-by-case basis. Each case is different and will be treated accordingly at the Staff Member´s discretion.
10. Content Posted on Other Websites
10.1 This Website may contain links to third-party web sites. PhyPal does not represent, guarantee, or endorse any third-party web site that you may access from this web site. In addition, if we provide a link to a third-party web site, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this Site are provided solely as a convenience to you. When you access a third-party web site, please understand that the linked site and its content are not under PhyPal’s control. PhyPal is not responsible for web casting or any other form of transmission received from any linked sites.
10.2 PhyPal has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.phypal.com links, and that link to www.phypal.com. PhyPal does not have any control over those non-PhyPal websites and webpages and is not responsible for their contents or their use. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. PhyPal disclaims any responsibility for any harm resulting from your use of non-PhyPal websites and webpages.
11. Copyright Infringement and DMCA Policy
11.1 As PhyPal asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PhyPal violates your copyright, you are encouraged to notify PhyPal of the same immediately.
11.1.1 PhyPal will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PhyPal will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PhyPal or others.
12. Intellectual Property
12.1 This Agreement does not transfer from PhyPal to you any intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with PhyPal.
12.2 PhyPal, the PhyPal logo, and all other trademarks, service marks, graphics and logos used in connection with PhyPal, or the Website are trademarks or registered trademarks of PhyPal Inc. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PhyPal or third-party trademarks.
12.3 This Website and the content contained herein are protected by U.S. and international copyright laws. This Website and the subject matter contained herein is the Company’s proprietary information and, if such subject matter is on a password-protected portion of this Site or labelled confidential, then it is confidential information, and may not be shared or used for any purposes other than the purpose for which it was provided by PhyPal, without the express written permission of PhyPal.
12.4 Articles, videos, infographics, blogs, services documentation, information, text, graphics, web site design (and its selection, assembly and arrangement), reports (whether in part or otherwise) and other materials found on this Site or other websites owned or maintained by us and our subsidiaries and affiliates (such materials, “PhyPal Content”) are solely the property of PhyPal Inc. or the applicable subsidiary or affiliate.
12.5 If you access any PhyPal Content on a password-protected portion of this Site, then no part of any PhyPal Content (including individual elements or documents contained therein) contained therein may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the internet, without the express prior written consent of PhyPal LLC.
12.5.1 Further, such PhyPal Content located on a password-protected portion of this Site may only be used for the express purpose that it is provided for, and for no other reason whatsoever. Except as provided in the preceding sentence, none of the PhyPal Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of PhyPal or the owner of the PhyPal Content.
13. Advertisements
13.1 PhyPal reserves the right to display advertisements on the Website and your Content.
14. Trademark Rights
14.1 The “Logo, Marketing Slogan, and PhyPal”, and other trademarks, service marks, and logos (the “Trademarks”) used on this Site or in its publications or PhyPal Content contained herein are registered or unregistered trademarks of PhyPal or their respective owners. The Trademark owner has exclusive rights to the Trademarks. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the express written permission of Trademark owner.
15. Disclaimer of Warranties
15.1 The Website is provided “as is”. PhyPal and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
15.2 Neither PhyPal nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15.3 Notwithstanding any redundancy, it is disclaimed that this Website including all content, products, services and PhyPal content made available on or accessed through this site, is provided to you “as is”, with no warranties of any kind. To the fullest extent permissible under applicable law, neither PhyPal nor its subsidiaries or affiliates make any representations or warranties of any kind whatsoever (a) as to the content, products or services available on or accessed through our site, (b) that a user will have continuous, uninterrupted or secure access to our site, products or services, or (c) that our site, products or services will be error-free. In addition, PhyPal and its subsidiaries and affiliates disclaim all express or implied warranties, including warranties of title, merchantability, fitness for a particular purpose, non-infringement and informational content. Therefore, you agree that your access to and use of our site, products, services and content are at your own risk. By using this Website, you acknowledge and agree that neither PhyPal, its subsidiaries, nor its affiliates have any liability to you (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with your access to or use of our site, content, products or services (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect your computer equipment.
16. Limitation of Liability
16.1 In no event shall PhyPal, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products, reports or services; or (iii) for interruption of use or loss or corruption of data. PhyPal shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty
17.1 You represent and warrant that –
17.1.1 Your use of the Website will be in strict accordance with the PhyPal Terms, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your State, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the USA or the country in which you reside); and
17.1.2 Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
18. Indemnification
18.1 You agree to indemnify and hold harmless PhyPal, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
19. Jurisdiction and disputes
19.1 The materials in this Website are designed for use by residents of the United States and its territories and possessions. The laws applicable to the interpretation of these terms and conditions shall be the laws Washington without regard to any conflict of law provisions. If you choose to access this Website from outside the United States, you do so on your own initiative, and you are solely responsible for your compliance with local laws. You agree that any and all disputes arising under this Agreement or out of our provision of services to you, if submitted to a court of law and cannot be cannot be settled amicably, shall be submitted to the state and federal courts located in Seattle, Washington.
20. Notice
20.1 You should send any notices or other communications regarding the Website to PhyPal Inc., 5608 17th Avenue NW #906 Seattle, WA 98107
20.1.1 Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the login section from the main menu.