TERMS AND CONDITIONS
FOR THE SEQUELCARE PORTAL
Last updated October 20, 2020.
1.2. Prior to your first Use of the Platform (following completion of the registration process), you will need to positively accept these T&Cs according to the instructions given on the Platform. By doing so, you hereby confirm that you have read, understood and agree to be bound by these T&Cs in their entirety. If you do not agree to the T&Cs in their entirety, you cannot Use the Platform, and you are required to log off from the Platform and close your Account.
1.3. Furthermore, by accepting these T&Cs, You hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction which require an original(non-electronic) signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.
2. NOTE TO CARE PROVIDER: IF YOU ARE USING THE SERVICES ON BEHALF OF A HEALTHCARE PROVIDER WHICH IS YOUR EEMPOYER AND THAT HAS ENTERED INTO A CONTRACTUAL RELATIONSHIP WITH US, THOSE CONTRACTUAL TERMS WILL GOVERN YOUR USE OF THE Platform AND SUPERSEDE THESE TERMS AND CONDITIONS IN THE EVENT OF ANY CONFLICT.
THE SERVICES AREINTENDED FOR USE BY QUALIFIED HEALTHCARE PROFESSIONALS OR PROVIDERS OR PEER SUPPORTERS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE OR DIAGNOSIS, AND THEY DO NOT SERVE AS A SUBSTITUTE FOR THE PROFESSIONAL ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WHEN REQUIRED BUT RATHER AS A SUPPORTING TOOL FOR INFORMATION MANAGEMENT.
In these T&Cs, the following terms shall have the meaning set forth below, unless the context requires otherwise:
3.1. "Content" means any information of any kind (excluding Care Information) incorporated in the Platform, including (without limitations) texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, texts and any other information displayed or presented in the Platform, whether owned by Sequel or by a third party that granted Sequel with a right to use it in the Platform; including each of the above-mentioned items if extracted from the Platform and made available on the Platform.
3.3. "Services" means the provision of Our proprietary Platform for Care Providers and Peer Supporters. The Platform functions in correspondence with the App in order to facilitate the collaboration between various Users and the End-Users involved in the management and support of an End-User’s Care Plan.
3.4. “User” means a Peer Supporter or a Care Provider.
3.5. "Use" means the registration on our web portal and access to the Platform through the web portal link, including your access and/or view and/or visit and/or browsing in or to the Platform for any purpose.
4. The Use of the Platform
4.1. Limited Purpose for the Use of the Platform. The Platform is a web service which enables Peer Supporters and Care Providers to assist End-Users to manage their Care Plan in collaboration with the Peer Supporter and/or Care Provider. In particular, the User can use the Platform to:
i) view Care Information(including which was collected or generated on the App), which was made available on the Platform by the End User, such as End-User’s personal goals, tasks and steps to be taken to achieve those goals;
ii) add to the End User’s personal journal documenting and monitoring his/her progress in the Care Plan and goals;
iii) communicate with the End User including: viewing and responding to goals and tasks set by the End User, giving instructions to the End User regarding the Care Plan also through text messages; exchanging feedback with the End User through the text chat/video chat function.
4.2. Accessing the Platform.
4.2.1. The Platform will be made available to a User that has filled the on-line registration form at Sequel’s web portal available at https://portal.sequel.care/ and has received a link through which access to the Platform is enabled.
4.2.2. Minimum requirements for use of the Platform are listed on Our support page at https://sequel.care/support, as may be updated from time to time.
4.3. Instructions for Registration.
4.3.2. After the Account is successfully opened, the User will receive a link to the Platform via email, to the same email address used through the Account registration process, and after he/she sets his/her password, the User will be able to access and use the Platform.
4.3.3. A User will only be able to enter and/or upload and/or view all or part of the Care Information relating to an End User if the End User has granted the User specific consent to open an Account and access that End-Users Care Information. The User is responsible for obtaining the End-User consent and for ceasing to access End-User Care Information if such consent is subsequently revoked. A User may either open the Account prior to the download of the App by the End-User or use the Platform without the End-User downloading the App or open the Account after being requested to do so by the End-User, always in all circumstances above only after being granted permission by the End-User to share his/her Care Information with the User. In particular, when an End User sets a goal, he/she creates a webpage on the Platform dedicated to that goal. The End user may invite and share the goal with the Peer Supporter and/or Care Provider at the End User’s sole discretion. The Care Provider may transmit Care Information collected and/or created by him/her on the Platform, to the App.
4.3.4. In order to upload Care Information to the Platform or view it, a User shall be required to follow the instructions that the Platform will display. File types and file sizes constraints may be applied and may changeover time. An indication will appear as needed.
4.4. Your responsibility. (i) You shall not share your Account and login information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account. (ii) In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us at email@example.com andmodify your login information; (iii) You are solely responsible for maintaining the confidentiality of your login information and for restricting access to your PC or other device while logged into the Account. (iv) You will be responsible for all activities coming from your Account or from your PC or other device, including uploading Care Information, whether or not authorized by you. (v) You are solely responsible for adequate protection and backup of Personal Information (including the Care Information) and/or the PC or other device from which you access the Platform, and hereby irrevocably waive any claim against Sequel for loss or corruption of data, or any damage to your PC or device. (vi)You are responsible for compliance with applicable local laws and regulations related to your Use of the Platform.
4.5. Your representations: By using the Platform, you hereby warrant and represent as follows:
4.5.1. You are aware that you are not obligated by law to use the Platform, and to enter and/or upload into the Platform any Personal Information(including any Care Information relating to the End User which has invited you to Use the Platform), and any provision of it is based on your free will;
4.5.2. Your Personal Information that you enter in to and/or upload to the Platform in order to create and use your Account, is yours, you have all rights in and to your Personal Information, and it is accurate and complete;
4.5.3. Any Care Information provided and/or other wise uploaded by you to the Platform about an End User is lawfully obtained by you in compliance with all applicable laws, you have a lawful basis for processing such Care Information, and if such lawful basis is consent – such consent was obtained according to the Data Protection Laws and other applicable laws;
4.5.5. You will Use the Platform according to the terms herein and not abuse the Platform and/or the Services for any purposes than the purposes listed in Section 4.1.
4.6. Support. If you encounter any problem in the use of the Platform, you can send an e-mail to: firstname.lastname@example.org. Our support is available only via email during our standard working hours. Our support services include reasonable commercial efforts to address malfunctions of the Platform which are in our control.
5. Ownership and Intellectual Property Rights
5.1. The intellectual property and all other rights, title and interest of any nature, in and to your Personal Information are and shall remain your exclusive property. The intellectual property and all other rights, title and interest of any nature, in an End User’s Personal Information are and shall remain that End User’s exclusive property. Except as expressly set forth herein, nothing in these T&Cs shall be construed as transferring any rights, title or interests in your Personal Information to Sequel or to any third party.
5.2. The Platform (including any Content thereof) is owned by Sequel (or any third party acting on Sequel's behalf), and is protected by copyright and other intellectual property laws and treaties. We, and our licensors, own any and all rights, title and interest in and to the Platform, including all copyright and other intellectual property rights in the Platform (including its Content), and the limited license granted here in (as set forth in section 66 below) does not provide you with any title or ownership rights in or to the Platform.
6. Grant of License.
6.1. Subject to your Use of the Platform according to these T&Cs, we hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Platform on any PC or other device that You legally own or control. You may not Use the Platform for any other purpose. Any software that updates, supplements, or replaces the original Platform is governed by these T&Cs unless separate license terms accompany such update, supplement, or replacement, in which case such separate terms will govern in the event of a conflict with these T&Cs, or as other wise provided in such separate terms.
7. License Limitations
7.1. Sequel reserves all rights not expressly granted to you in these T&Cs. Without limiting the foregoing, you will not do, or authorize, or permit any third party to do any of the following: (a) rent, lease, loan, license, sell, redistribute or sublicense the Platform; (b) distribute or copy the Platform; (c) crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the Platform;(d) modify, alter, or create any derivative works of the Platform; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Platform; (f) Use the Platform for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, doctor-patient professional secrecy, etc.; (g) attempt to gain unauthorized access to the Platform, or any part of it (including, any unauthorized and/or unlawful access to Care Information), other accounts, computer systems or networks connected to the Platform through hacking or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted via the Platform by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. (h) exploit the Platform in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
8.1. ANY INFORMATION OR DATA THAT IS PROVIDED ORPRESENTED TO YOU BASED ON THE CARE INFORMATION ENTERED INTO AND/OR UPLOADED TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CARE INFORMATION ENTERED INTO AND/OR UPLOADED BY AN END USERVIA THE APP AND TRANSMITTED TO THE PLATFORM AND/OR COLLECTED DUE TO YOUR USE OFTHE PLATFORM (TOGETHER SHALL BE REFERRED TO AS THE "OUTPUT") IS BASED ON THE ASSUMPTION THAT SUCH INFORMATION IS COMPLETE AND CORRECT.
8.2. NEVERTHELESS, SEQUEL HAS NO CONTROLOVER THE CARE INFORMATION WHICH IS ENTERED INTO AND/OR UPLOADED TO THE PLATFORM (AND/OR ENTERED INTO OR UPLOADED TO THE APP AND SUBSEQUENTLY TRANSMITTED TO THEPLATFORM) OR PRESENTED THEREIN BY AN END-USER, NOR DOES IT SUPERVISE OROTHERWISE CHECK ITS SOURCE, ITS VALIDITY, CORRECTNESS, RELIABILITY, ACCURACY, COMPLETENESS OR ANY OTHER ASPECT ASSOCIATED WITH THE CARE INFORMATION. SEQUELHEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDINGTHE INFORMATION IN THE PLATFORM (INCLUDING CARE INFORMATION REGARDING THE END-USERAND/OR ANY USER'S PERSONAL INFORMATION), WHETHER UPLOADED BY ANEND-USER TO THE APP AND TRANSMITTED TO THE PLATFORM OR UPLOADED TO THE PLATFORMBY A USER AND TRANSMITTED TO THE APP, AND PRESENTED IN THE PLATFORM.
8.3. ANY OUTPUT IS GENERATED FOR GENERAL INDICATIVE PURPOSES AND AS ADECISION SUPPORT TOOL ONLY. THE OUTPUT IS NOT INTENDED FOR, AND SHOULD NOT BEREGARDED AS, MEDICAL DIAGNOSIS AND/OR TO SERVE AS AND AID FOR MEDICAL DIAGNOSIS, AND/OR TO PROVIDE ANY MEDICAL ADVICE, AND/OR TO RECOMMEND ANYTREATMENT OR OTHER MEDICAL PROCEDURE.
8.4. ANY OUTPUT SHOULD NOT BE CONSIDERED ASSUBSTITUTE TO MEDICAL DIAGNOSIS AND TREATMENT, AND ALL OF THE AFOREMENTIONED SHOULD BE MADE OR PROVIDED ONLY BY A QUALIFIED PHYSICIAN AND/OR OTHER LICENSED SPECIALIST.
8.5. NEITHER SEQUEL NOR ANY OF ITS OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES OR THIRD PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGESCAUSED DUE TO RELIANCE ON ANY OUTPUT PROVIDED VIA THE PLATFORM, OR DUE TO ANYMEDICAL DIAGNOSIS OR TREATMENT MADE OR PROVIDED BASED ON THE OUTPUT. ANY USE ORRELIANCE ON ANY SUCH OUTPUT IS MADE AT USER'S OWN RISK AND SEQUEL IS RELEASED FROM ANY WARRANTY OR LIABILITY THERE TO OR THERE FROM.
8.6. SEQUEL DOES NOT EXECUTE PRELIMINARY ORANY OTHER CHECK REGARDING USERS OF THE PLATFORM. IN ADDITION, SEQUEL DOES NOT CHECK ANY CARE PROVIDER'S QUALIFICATIONS, PROFESSIONAL SKILLS, AND EXPERIENCE IN ANY MEDICAL FIELD; SEQUEL DOES NOT RECEIVE AND/OR IS NOT OTHERWISE EXPOSED TO ANY TREATMENT PLAN, MEDICAL ADVICE OR ANY OTHER RECOMMENDATION PROVIDED BY A CARE PROVIDER TO ITS END-USERS, AND HAS NO CONTROL OVER IT. THEREFORE, SEQUEL IRREVOCABLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY OF ANY KIND IN THIS REGARD.
8.7. YOUR DECISION TO USE THE PLATFORMIN ANY PROFESSIONAL, MEDICAL, LEGAL, PERSONAL OR FINANCIAL MATTERS, REFLECT THIS ALLOCATION OF RISK, AND YOU HERE BY DISCLAIM AND EXEMPT SEQUEL FROM ANY AND ALL RESPONSIBILITIES AND/OR LIABILITIES RELATED, DIRECTLY OR INDIRECTLY, TO THE FOREGOING.
9. No Warranty and Limitation of Liability
9.1. THE PLATFORM IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT ANY WARRANTY OF ANY KIND. SEQUEL SPECIFICALLY DISCLAIMSALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE PLATFORM AND ITS PERFORMANCE, ITS SUITABILITY FOR YOUR INTENDEDUSE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE USE OF THE PLATFORMWILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL VULNERABILITIES AND DEFECTS WILLBE DETECTED, THAT THE PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE, OR THATTHE PLATFORM (INCLUDING ANY ADVICE OR TREATMENT OR RECOMMENDATION PROVIDED BY ACARE PROVIDER OR PEER SUPPORTER TO AN END-USER), WILL ASSIST THE END-USER INANY WAY.
9.2. SEQUEL DOES NOT WARRANTTHAT THE PLATFORM WILL BE AVAILABLE, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS, AND SEQUEL SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, ORINABILITY TO USE THE PLATFORM.
9.3. Sequel may be entitled, at its sole discretion, to discontinue or suspend access to the Platform at anytime and for any reason. Also, Sequel shall be entitled to change the scope of the Platform, add and/or omit some features, charge fees for the use of the Platform, and/or execute any other action, at Sequel's sole discretion.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEQUEL, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES ORITS LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, ORRELATING TO THE PLATFORM, THE SERVICES OR THESE T&Cs, WHETHER BASED ONCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVENIF SEQUEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLEREMEDY AVAILABLE TO YOU FROM SEQUEL IN ANY SUCH EVENT AND NOTWITHSTANDING THEPROVISIONS OF ANY LAW, IS DISCONTINUANCE OF USING THE PLATFORM AND CLOSING YOURACCOUNT IN THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCHJURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Release and Indemnification. You hereby release and forever discharge, and agree to indemnify, defend and hold us, our officers, directors, employees, shareholders, agents and affiliates, harmless from all liabilities, claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney's fees related in any way to your Use of the Platform not in accordance to the T&Cs or in violation of these T&Cs. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and the Information you submit to the Services by any means, including without limitation through a posting, a link, reference to other information, or otherwise.
12. Third Party Terms of Agreement. The Platform may contain links and reference to third party websites and/or include third-party component(s)and/or service(s) ("Third Party Services"). Without derogating from the generality of Section 8.1above, the Third Party Services are provided (if and to the extent provided, at our sole discretion) as a convenience to you, and when you access to any such Third Party Services You must comply with the applicable Third Party Services' terms and conditions. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Services. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use such Third Party Services.
13. Termination. Sequel may terminate these T&Cs and any Account opened in connection with your Use of the Platform at any time for any reason, or for no reason, immediately upon notice. Upon such termination, you agree not to Use or copy the Platform or any part thereof or to register for any new Account. In the event of the termination of the T&Cs for any reason: (a) the license granted to you to Use the Platform under these T&Cs will terminate immediately; (b) You must immediately upon receiving any notice of termination cease all Use of the Platform and close your Account.
15. Assignment. You may not assign or transfer these T&Cs, or any of your rights under these T&Cs without the prior written consent of Sequel, and any attempted assignment without such consent shall be void.
16. Governing Law. These T&Cs shall be governed by the laws of the State of Israel (without giving effect to its conflict of law's provisions), and any matter, or dispute arising out of or in connection with them or in connection with the Platform or Services shall be subject to the exclusive jurisdiction of the courts of the Tel Aviv-Jaffa, Israel.
17. Severability. If any term of these T&Cs is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these T&C swill remain in full force and effect.
18. No Waiver. No waiver of any right under the T&Cs will be deemed effective unless contained in writing signed by Sequel, and no waiver of any past or present right arising from any breach, or failure to perform will be deemed to be a waiver of any future rights arising out of these T&Cs.
20. Contact Us. Should you have any question or complaint regarding the Platform, Services and/or the license granted herein, you may contact us at: email@example.com.
Last Updated: 20 October, 2020
All rights reserved © Peloton Health Ltd.