This Terms of Service Agreement sets forth the standards of use of the Service website (https://www.JadeDiabetes.com) and Jade Apps (the Service). By using the Service, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications will take effect immediately once they are posted on the www.JadeDiabetes.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Service provides Member with online tracking/mobile phone synchronization of our Smart phone Service software. Member must provide (1) all equipment necessary for their own Internet connection, including computer, modem, Smart Phone, or similar devices (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties
Service provides the site on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Service makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Service shall have no liability for any interruptions in the use of this Service. Jade disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Jade SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Jade SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
The information and utilities provided on this Service should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service service does not promote or recommend any particular form of medical treatment. Jade and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read or inferred here. Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded.
4. Reverse Engineering Forbidden
You must not copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the Service. You must not merge the Service or any part thereof with any other software, nor allow any other party to do so without express written permission of Jade. You acknowledge that the Service, and the copyright, and other intellectual property rights of whatever nature in the Service are not your property and contain valuable proprietary information and trade secrets and that any use of the Service confers no title or ownership in the Service and no rights in any associated source code, and is not a sale of any rights in the Service.
Member agrees to indemnify and hold Jade, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
6. Modifications and Interruption to Service
Jade reserves the right to modify or discontinue the Service with or without notice to the Member. Jade shall not be liable to Member or any third party should Jade exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Service does not guarantee continuous, uninterrupted or secure access and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
8. Governing Jurisdiction
This agreement is governed by the laws of Victoria, Australia, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our Service or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Victoria.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © 2011-2019 JadeDiabetes.com, with all rights reserved, or is the property of Jade and/or third parties protected by intellectual property rights. Any use of materials on the Service, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Jade is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Jade.
Service retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as ‘command and control’ points for botnets, Service reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
We may use anonymous (ie non-personally identifiable) copies of any data you upload for our own research, with the aim of improving the Service. We will not share any data, anonymised or not, with external parties without your prior permission.
13. Rights of Use
This site may only be used for it intended purposes. Any attempt to use the site to send spam will result in your membership being terminated without a refund. Also you will be liable for any damages including any perceived damage to our brand. Any attempt to hack the site or allowing others to use your account to hack the site will result in your membership being terminated without a refund. Your membership can be terminated without refund for publicly posting your username and password. Any violation of the above Terms or acts we feel are damaging to our site can result is your membership being terminated without refund.
14. Sale of Company
We reserve the right to sell the company at any time. The sale of the company will not affect the length of the currently paid memberships.
15. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Service, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.
16. Developer API Terms
For API terms, please incorporate these Developer API Terms
JadeDiabetes.com is operated by Jade Diabetes Pty Ltd, ACN 158 410 292