Innoplexus AG CURIA App
Terms of use
Last updated: 29 July 2022
These Terms and Conditions govern access to and use of the website (“website”) or application (hereinafter “Terms of Use”) of Innoplexus AG, Frankfurter Str. 27, 65760 Eschborn, Germany (hereinafter “Innoplexus AG”), the company that provides and operates the CURIA Application (hereinafter “App”).
By accessing or using the CURIA App, you (the “User” or “you”) agree to be bound by these Terms of Use. If you do not agree to any part of the Terms of Use, you must not access the App and should immediately stop using the App.
For more information on how Innoplexus AG processes the information that Innoplexus AG collects, through your use of the App or website, you can access Innoplexus AG’s Privacy Policy at any time under the section “Privacy Policy” at https://curia.app/privacy-policy-za/web/ on our website.
1. The Application
The App published and advertised by Innoplexus AG is solely for the purpose of providing information to cancer patients and their relatives. It supports and promotes transparency for all patients regarding treatment options, clinical studies and experts. No health services are offered through or in the App. The App neither diagnoses patients nor is it intended for self-diagnosis. The App helps build a foundation of information that can be discussed with your healthcare provider. If you have health problems, please consult the relevant healthcare provider or medical practitioner. Only an individual examination can lead to a diagnosis and treatment decision. The App is limited to the service of providing information, so users’ personal information is not sold, traded or otherwise monetised.
2. Registration for the Application
To register for the App, the user must download the App from the appropriate app store (App Store or Google Play) and go through the registration process, providing information to Innoplexus AG. This information may include the user’s name, address, device information, email and phone number, which may constitute personal information as defined in section 1 of the Protection of Personal Information Act No. 4 of 2013 (“POPIA”). The user may use his Google account to access the registration for the CURIA App. In such a case, the user is deemed to have already accepted Google’s terms of use, according to which information may be submitted to Google. After all data has been transmitted, Innoplexus AG will send you a confirmation that the registration process was successful.
When creating your account, you must use the email provided and confirm the creation of your account via the email that is forwarded to you. Failure to do so will result in account creation being denied. Innoplexus AG reserves the right to refuse the creation of an account and to block or close your account at any time and without giving reasons.
3. Password and Security
You are solely and fully responsible for maintaining the confidentiality of your user ID and associated password, as well as all activities conducted using your password or from your account. If you suspect that your password or account has been used without authorization, contact Innoplexus AG as soon as possible. INNOPLEXUS AG IS NOT LIABLE FOR ANY LOSS OF DATA OR DAMAGE RELATED TO MISUSE OF YOUR ACCOUNT.
4. Intellectual property and rights of use
The App contains a variety of copyrighted content, such as concepts, designs, logos, editorial content, formatting, diagrams, graphics, user interfaces, visual interfaces, photographs, software, software layout, music and sounds, images, videos and fonts. Innoplexus AG represents that it is the owner of all rights and content relating to or authorized to use the App and hereby grants you the non-exclusive and non-transferable right to use the software-related aspects of the App and the content displayed therein solely for your personal, non-commercial purposes in your country. All rights not expressly granted to you are reserved by Innoplexus AG. Users may not copy, monetize, misuse, or misappropriate this content. Innoplexus AG reserves the right to assert and enforce its trademark, copyright, and trade secret rights whenever necessary.
5. Prohibited conduct
Users may not use the App to:
(a) infringe, disregard, misuse or violate the patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights of third parties or rights of publicity or privacy;
(b) violate or encourage the violation of any applicable law or regulation that would give rise to civil liability;
c) commit fraudulent, false, misleading or deceptive acts;
d) commit defamatory, obscene, pornographic, vulgar or offensive acts;
e) engage in activities that promote discrimination, bigotry, racism, hatred, harassment or harm against individuals or groups;
f) engage in activities that are violent or threatening or promote violence or acts that threaten any person or organisation;
g) engage in activities that promote illegal or harmful activities or substances;
h) access, manipulate or use non-public areas of the App, Innoplexus AG’s computer systems or the technical delivery systems of Innoplexus AG’s providers;
i) attempt to access or browse the services or download content from the App using any other machine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Innoplexus AG or other commonly available third-party web browsers;
j) send unsolicited or unauthorised advertising, promotional materials, emails, junk mail, spam, chain letters or other forms of solicitation;
k) their own commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Use;
l) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or use the Services in any way to send altered, misleading or false information to identify the source;
m) attempt to decrypt, decompile, disassemble or reverse engineer any software used to provide the App;
n) interfere or attempt to interfere with the access of any user, host or network, including but not limited to sending a virus, overloading, flooding, spamming or mail bombing the App;
o) collect or store personal data from the services without the express permission of other users of the App;
p) pretend or misrepresent their affiliation with any person or entity; or
q) encourage or enable another person to do any of the foregoing.
Any use of the App that deviates from the specifications of these Terms of Use and has not been approved in advance in writing by Innoplexus AG is strictly prohibited. In case of violation, Innoplexus AG reserves the right to terminate the license granted herein with immediate effect and to suspend or close your account.
6. Availability and Updates
Innoplexus AG provides the App as-is (“as-is”). It does not guarantee that the App will be made available error-free at all times or that the App will be available for a certain period of time. Innoplexus AG reserves the right to update the App at its own discretion, but is not obliged to do so. These Terms of Use also apply to all updates of the App. Innoplexus AG further reserves the right to discontinue operation of the App at any time, in whole or in part, and with or without notice.
7. LIMITATIONS OF LIABILITY AND DISCLAIMER
DOWNLOADING, INSTALLING AND USING THE APP IS AT YOUR OWN RISK. BOTH INNOPLEXUS AG AND THE APP STORE OPERATOR HEREBY EXCLUDE THE WARRANTY FOR THE APP COMPLETELY AND ALSO DO NOT MAKE ANY OTHER PROMISES, GUARANTEES OR ASSURANCES WITH REGARD TO THE APP.
CLAIMS OF THE USER FOR ANY AND ALL LOSSES, COSTS AND OR DAMAGES SUFFRED BY A USER AS A RESULT OF HIS OR HER USE OF THE APP, ARE EXCLUDED. EXCLUDED FROM THIS ARE CLAIMS FOR DAMAGES BY THE USER ARISING FROM INJURY TO LIFE, LIMB OR HEALTH OR FROM THE BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS) AS WELL AS LIABILITY FOR OTHER DAMAGES BASED ON AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY INNOPLEXUS AG, ITS LEGAL REPRESENTATIVES OR VICARIOUS AGENTS. ESSENTIAL CONTRACTUAL OBLIGATIONS ARE THOSE WHOSE FULFILMENT IS NECESSARY TO ACHIEVE THE OBJECTIVE OF THE CONTRACT.
IN THE EVENT OF A BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS, INNOPLEXUS AG SHALL ONLY BE LIABLE FOR THE FORESEEABLE DAMAGE TYPICAL FOR THE CONTRACT IF THIS WAS CAUSED BY SIMPLE NEGLIGENCE, UNLESS IT IS A MATTER OF CLAIMS FOR DAMAGES BY THE USER ARISING FROM INJURY TO LIFE, LIMB OR HEALTH.
THE ABOVE RESTRICTIONS ALSO APPLY IN FAVOUR OF THE LEGAL REPRESENTATIVES AND VICARIOUS AGENTS OF INNOPLEXUS AG IF CLAIMS ARE ASSERTED DIRECTLY AGAINST THEM.
8. No health service or diagnoses
No healthcare services are offered through or in the App. Neither does the App diagnose patients, nor is it intended for self-diagnosis. None of what is provided by Innoplexus AG or third parties in connection with the App is to be construed as professional medical advice, diagnosis or treatment.
9. No liability for content
In order to provide you with access to a comprehensive database, Innoplexus AG’s technology analyzes third-party information found on the Internet and makes it available within the App. INNOPLEXUS AG DOES NOT CONTROL OR ENDORSE THIS INFORMATION AND ASSUMES NO RESPONSIBILITY OR LIABILITY IN THIS REGARD. Users are encouraged to exercise caution and discretion when searching or accessing such links. Under no circumstances does Innoplexus AG take responsibility for the content and/or services or products offered on third-party websites which may be linked to the App or website and Innoplexus AG gives no warranty, guarantee and makes no representation in respect of such linked websites. The provisions of these Terms of Use do not apply to such third-party websites as these websites are not maintained and/or hosted by Innoplexus.
10. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply exclusively. The statutory provisions on the restriction of the choice of law and on the applicability of statutory regulations, in particular of the state in which the user has his habitual residence as a consumer, remain unaffected by this.
11. Notices
The User and Innoxplexus AG (each a “party” and collectively the “parties”), respectively, choose domicilium citandi et executandi (“domicilium”) for all purposes relating to these Terms of Use, including the giving of any notice and the serving of any process, as follows –
11.1 The User:
At the e-mail and physical addresses provided by the use when signing up for the App, or as updated by the user from time to time on the App.
11.2 Innoplexus AG:
Physical address: Frankfurter Str. 27, 65760 Eschborn, Germany
E-mail:info@innoplexus.com
11.3 Any notice given by a party to the other party (“addressee”) which is –
11.3.1 delivered by hand between the hours of 09:00 and 17:00 on any business day to the addressee’s physical domicilium for the time being shall be deemed to have been received by the addressee at the time of delivery; or
11.3.2 posted by prepaid registered post to the addressee’s postal domicilium for the time being shall be deemed (unless the contrary is proved by the addressee) to have been received by the addressee on the fourteenth day after the date of posting.
11.4 Any notice given by a party to the other party which is successfully transmitted by facsimile to the addressee’s facsimile domicilium for the time being shall be deemed (unless the contrary is proved by the addressee) to have been received by the addressee on the day immediately succeeding the date of successful transmission thereof.
11.5 None of the provisions of clause 11 shall not operate so as to invalidate the giving or receipt of any written notice which is actually received by the addressee.
11.6 Any notice in terms of or in connection with these Terms of Use shall be valid and effective only if in writing and if received or deemed to be received by the addressee.
12. Modifications
Innoplexus AG may amend these Terms of Use at its own discretion. In such a case, Innoplexus AG will send a notification in the App, by email or by another means by which Innoplexus AG informs users of the change. If you do not agree with the change to the terms, you can delete your account in the settings area of the App and thereby stop using the app.
13. Entirety of the Terms and conditions
The legal relationship between Innoplexus AG and the user is conclusively regulated by the above Terms of Use. If any specific Terms of Use conflict with any terms and conditions that appear on the App or website, then the specific Terms of Use shall prevail in regard to such content.
14. General
If any provision contained in these Terms of Use is or becomes ineffective or is held to be invalid by a competent authority or court, all other provisions of these Terms of Use shall remain in full force and effect.
Notwithstanding anything to the contrary contained in these Terms of Use, any successor in title, including any executor, heir, liquidator, judicial manager, curator or trustee, of a party shall be bound by these Terms of Use.
No indulgence or extension of time which a party may grant to the other party shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event and to the extent that the grantor has signed a written document expressly waiving or limiting such right.