Global Health Intelligence (hereinafter, “GHI”, “we”, “us”, or “our”) makes available certain information and materials on its website, www.hospicheck.biz. For purposes of these Terms of Use (hereinafter, the “Terms”), the term:
- “Website” collectively refers to HospiCheck.biz, a site operated by GHI, and all Content (as defined below) and functionality available through this Website;
- “Content” is used herein to refer to all content on the Website, including, without limitation, data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials and their selection and arrangement;
- “Services” is used herein to refer to the Website and all GHI products, software, and services provided on or through the Website; and
- “User”, “you”, and “your” each includes any party visiting or viewing the Website or the Content, sending or supplying information to the Website or GHI, or uploading, publishing, or displaying information on or through the Website.
BY ACCESSING AND/OR USING THE SERVICES OR THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, WHICH, TOGETHER WITH GHI’S DISCLAIMER AND PRIVACY POLICY, CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GHI. PLEASE READ THESE TERMS CAREFULLY AND PRINT OR SAVE A LOCAL COPY OF THESE TERMS FOR YOUR RECORDS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OUR DISCLAIMER, AND/OR OUR PRIVACY POLICY, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE OUR WEBSITE, THE CONTENT, OR SERVICES.
- Your Use of our Services
You agree to use the Service and the Content only for purposes and in the manner permitted by these Terms, our Disclaimer and Privacy Policy, and any applicable law, regulation, and generally accepted practices or guidelines in the relevant jurisdiction. You further agree not to access or attempt to access any Services by any means other than through the interface as provided by GHI, unless specifically permitted otherwise in a separate written agreement with GHI. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers or networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade, or resell the Services, unless otherwise agreed to in a separate written agreement with GHI. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences, including, without limitation, any damage that GHI may suffer, of any such breach.
Your use of any Content or the Services is entirely at your own risk, for which GHI shall not be liable. It shall be your own responsibility to ensure that any products, Services, Content, or information available through the Website meet your specific requirements.
- Links to Other Websites
Our Services and/or the Content may contain links to third-party websites, resources, or services that are not owned or controlled by GHI. GHI has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. GHI does not warrant the offerings or availability of any of these entities/individuals or their respective websites.
You acknowledge and agree that GHI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available through any such third-party websites or services. GHI does not endorse
We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you may visit.
You may not create a link to the Website from another website or document without GHI’s prior written consent.
- Data Provided and Access to Certain Services
In order to access certain Services on the Website, you may be required to provide information (such as identification or contact details) as part of a registration process. In addition, you may be required to provide data about hospitals, including but not limited to, amount of beds, amount of X-ray machines, CT scanners, MRI machines, anesthesia machines and other installed base equipment. You also may be required to enter details about the amount of medical and non-medical personnel in hospitals, the type of healthcare technology used in hospitals (such as electronic medical records, radiology information systems and telemedicine, among other types), the number of different types of medical units (such as intensive care units) and the number of different types of medical offices, among other forms of data, including, but not limited to, hospital tax ID, hospital address, email, hospital type and more. This data is requested by the questionnaire on the Website in order to provide a benchmarking report which compares the data supplied by the users to data compiled by GHI for an aggregate group of hospitals in different countries and belonging to different sectors (public, private and mixed).
By using the HospiCheck.biz tool and filling out the questionnaire on the Website, you agree that you are fully authorized to provide information about all of the hospitals whose information you provide. You also agree that GHI will not be held liable should it be deemed that you are not an authorized representative of the hospitals whose information you entered into the Website questionnaire or anywhere else on the Website. Once hospital information is entered by you or any other user on the Website, GHI reserves the right to re-publish that information in any medium (including blog posts, videos, documentaries, Web sites, print or online reports, television, radio, social media, webinars, podcasts) currently existing or that will exist in the future.
By using the HospiCheck tool and providing any of the information requested in the Website questionnaire or anywhere else on the Website, you assert that any and all data you enter into the Website is completely accurate to the best of your knowledge. You also assert that you are solely responsible for the accuracy of the information entered into the Website, whether it is to generate a benchmarking report or for some other purpose.
If the hospital information that you or any other user(s) enters into the Website is proven to be inaccurate or incorrect, GHI will not be held liable or responsible for the inaccuracy of this information.
You agree that any registration information you give to GHI will always be correct and current. You agree not to register for any User account on behalf of any party other than yourself, unless you have the legal authority to act as an agent on behalf of another individual or entity.
The Services may allow Users to connect with each other and communicate using a messaging service and/or public forums. PLEASE NOTE: Information you publish on the Services may be available to be viewed by other Users. You should not post confidential information without appropriate approvals, and you should never post information that is subject to HIPAA or other laws or regulations.
You acknowledge you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to GHI for all activities that occur under your account. You agree to immediately notify GHI of any unauthorized use of your password or account.
GHI may charge for certain products and services. GHI shall provide you notice prior to the application of such fees or any fee increases.
- Changes in Services; Denial of Access
The form and nature of the Services which GHI provides may change from time to time without prior notice to you.
GHI may stop providing the Services (or any features within the Services) to you or to Users generally, including by denying access to your account, at GHI’s sole discretion, without prior notice.
If GHI disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. GHI, at its sole discretion, may set fixed upper limits on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.
- Content in the Services
You understand that all Content is the proprietary property of GHI, its users, or its licensors, with all rights reserved. You understand that Content presented to you as part of the Services, including, but not limited to, Content submitted by third parties and advertisers, as well as User-posted Content, may be protected by intellectual property rights owned by GHI, third-party individuals, or other legal entities. You are not allowed to modify, copy, distribute, frame, reproduce, republish, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan, or trade any Content, in whole or in part, without written permission from GHI or the rightful Intellectual Property owner, except that the foregoing shall not apply to your Content that you legally post on the Website. Subject to your compliance with these Terms, you may access and use the Website and the Content and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
GHI reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, the Website, and/or the Content at any time without notice.
- Proprietary Rights
You acknowledge and agree that GHI, or its licensors, own all legal right, title, and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by GHI and that you shall not disclose such information without GHI’s prior written consent. Nothing in these Terms gives you a right to use any of GHI’s tradenames, trademarks, service marks, logos, domain names, or other distinctive brand features. If you have been granted an explicit right to use GHI’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, servicemark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Content License from User
You retain copyright and any other rights you already hold in any Content which you submit, post, or display on or through the Services. By submitting, posting, or displaying the Content you give GHI a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display, and distribute any Content which you submit, post, or display on or through the Services. You agree that this license includes a right for GHI to transfer, sublicense, or otherwise make such Content available to other companies, organizations, or individuals with whom GHI has relationships. You understand that GHI, in performing the required technical steps to provide the Services to its Users, may: (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit GHI to take these actions. You confirm and warrant to GHI that you have all the rights, power, and authority necessary to grant the above license.
- Website or Software Updates
The Website or software utilized may require automated downloads or install updates from time to time. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions. You agree to receive such updates and permit GHI to deliver them to you as part of your use of the Services.
- No Data Rights
GHI expressly disclaims any liability for lost or deleted Website Content or User Content. You shall not rely on GHI for preservation of any Website Content or User Content, and you shall maintain all User Content in a separate manner. All Website Content and User Content is posted on a shared server. Given the inherent risk of the internet, you acknowledge that there is no assurance that the Website content or User Content will be kept confidential and there is no assurance that the Website Content will not be lost or deleted.
- Advertisement
The Services provided by GHI may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be prompted by access to content, queries made through the Services or other information. The manner, mode, and extent of advertising on the Services are subject to change without specific notice to you. In consideration for GHI granting you access to and use of the Services, you agree that GHI may place such advertising on the Services. In addition, you acknowledge that display of an advertisement or promotion on the Services does not reflect approval or endorsement of the advertiser of any of its products or services by GHI.
- Changes to these Terms
GHI may make changes to these Terms from time to time. When these changes are made, any new Terms will be made available to you from within, or through, the Services. You understand and agree that if you use the Services after the date as of which the Terms have changed, GHI will treat your use as acceptance of the updated Terms. If the changes to these Terms materially modify our rights, we will notify you to obtain your consent either through an email or a prominent posting on this Website.
- Privacy Policy; Disclaimer
Please review GHI’s Privacy Policy, which is incorporated into these Terms by reference. By accessing the Website and the other Services, you acknowledge and agree that you have read and agree to GHI’s Privacy Policy, including the use of your information in accordance with GHI’s Privacy Policy.
Please review GHI’s Disclaimer, which is incorporated into these Terms by reference. By accessing the Website and the other Services, you acknowledge and agree that you have read and agree to GHI’s Disclaimer.
- Governing Law
These Terms and any action arising hereunder or from the breach of any provision hereof or otherwise from your access to or use of the Website or Content shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law principles. You agree that the state and federal courts located in Miami-Dade County, Florida, USA, shall have exclusive jurisdiction in any dispute or litigation between you and GHI. In any such dispute or litigation, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and court costs, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.
- No Waiver; Severability; Merger
Failure of GHI to enforce any provision(s) of these Terms shall not be construed to constitute a waiver of any provision or right. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No User may assign, transfer, or otherwise convey any rights granted hereunder; provided, however, that GHI may assign any of the foregoing without notice or prior written consent. These Terms shall inure to the benefit of GHI, its successors and assignees. These Terms, the Privacy Policy, and any other legal notices published by GHI on the website shall constitute the entire agreement between you and GHI regarding your access to and/or use of the Website and Content.
- Contact
For questions regarding Terms, please send an e-mail to info [at] globalhealthintelligence [dot] com or contact us at the following address:
Global Health Intelligence
Attn: Privacy and Data Protection Department
95 Merrick Way, Floor 3
Coral Gables, FL 33134