Terms of Use
TERMS OF USE
Updated as on: 7th
March 2025
This
is a binding agreement (“Agreement”) between ARBR Theratech dba Therapix
(the “Company” or “we” or “us” or “our” as per
context) and you, the user (“you” or “your”) and governs your use
of all portions of our website (www.therapix.io) and/or any equivalent
of its application (collectively the “Site”) or any other
Company-sponsored event, and users of any related services (the “Services“)
what is offered to you conditioned on your acceptance, without modification, of
the terms and conditions contained herein. This Agreement does not alter the
terms of any other agreement you may have with us or any of our affiliates or
related entities, including but not limited to, any service agreement, license
agreement, or any other agreement(s) between you and us. By using Services, you
confirm your acceptance of, and agree to be bound by, this Agreement and all
such terms, conditions and notices.
IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING
THIS SITE.
1.
MODIFICATION OF
THESE TERMS OF USE
We reserve the
right to change the terms and conditions of this Agreement from time to time as
we deem appropriate. Such changes, modifications, additions or deletions shall
be effective immediately upon posting unless otherwise indicated. We have no
duty or obligation to inform prior users of Services that changes have been
made, regardless of the scope and importance of the changes. You are
responsible for regularly reviewing these terms and conditions. Your continued
use of the Services, after changes are posted, constitutes your acceptance of
this Agreement as modified by the posted changes. We may change, restrict
access to, suspend, or discontinue the Services, or any portion of the Services,
at any time.
2.
NO PROFESSIONAL
ADVICE
2.1.
The information and materials available through the
Site and/or Services are for informational and educational purposes only and
are not a substitute for the professional judgement of legal, financial or
health care professionals. The medical, scientific, legal, reimbursement and
general information included on Site and/or Services may reflect innovations
and opinions not universally shared and do not necessarily reflect our view.
Your use of Site and/or Services does not create an attorney-client or
doctor-patient relationship between you and us or between you and any of our employees
or representatives.
2.2.
Use of the information contained on the Site and/or
Services requires the involvement of trained individuals and your reliance upon
information and materials obtained by you at or through the Site and/or
Services or from our staff is solely at your own risk. We have no control or
responsibility for your use of the information or materials provided on our
Site and have no knowledge of the specific or unique circumstances under which
such information may be used by you. The parties agree that we are not engaged
in the practice of medicine and we do not provide professional healthcare advice.
Your use of the information provided on the Site and/or Services is not a
substitute for legal advice or professional medical judgment.
3.
PRIVACY POLICY
We are committed
to respecting your privacy. Our Privacy Policy (and any other
applicable privacy notices) describes how we collect, use, and share
information about you when you use the Sites and/or Services. By accessing the
Sites, you acknowledge that you have read and understood our privacy practices.
We also utilize cookies, web beacons, and similar technologies to enhance user
experience, analyze trends, and improve our services. You have the option to
adjust your cookie preferences through your browser settings, though some
features of the Sites may not function properly if cookies are disabled.
4.
USAGE OF SITE & SERVICES
4.1.
General Usage Restrictions: You agree to use
the Site and Services only for lawful purposes and in accordance with this
Agreement. You shall not:
4.1.1.
Engage in any activity that is unlawful, fraudulent,
or prohibited by this Agreement.
4.1.2.
Damage, disable, overburden, or impair the Site and/or
Services or interfere with any other party’s use.
4.1.3.
Violate any applicable laws, regulations, or our
policies.
4.1.4.
Use the Site and/or Services for commercial purposes,
advertisements, surveys, contests, pyramid schemes, or solicitations.
4.1.5.
Upload viruses, malware, or any software that could
harm the Site, Services, or other users.
4.1.6.
Attempt to gain unauthorized access to the Site, its
servers, or any connected systems.
4.1.7.
Engage in denial-of-service (DoS) or distributed
denial-of-service (DDoS) attacks.
4.1.8.
Post, upload, or distribute any material that is
defamatory, obscene, abusive, harassing, threatening, or otherwise
objectionable.
4.1.9.
Violate intellectual property rights, including but
not limited to copyrights, trademarks, patents, or trade secrets.
4.1.10.
Use automated tools (e.g., robots, spiders,
scrapers) to access or copy Site content.
4.1.11.
Misrepresent your identity, falsify information, or
interfere with the security of the Site and/or Services.
4.2.
Violating the restrictions above may be a criminal
offense under applicable law. We will report any such breaches to law
enforcement and cooperate by disclosing your identity. Your access to the Site
and Services will be terminated immediately if you engage in such activities.
4.3.
Members-Only Access & Community
Conduct:
The “Members Only” portion of the Site is accessible exclusively to registered
members and is subject to this Agreement. From time to time, we may offer
discussion boards, social media channels, comment sections, or similar
community forums (collectively, “Community Features”) on or through the
Sites. Your participation in these Community Features is voluntary. However, by
choosing to post or submit any material within these Community Features, you
agree to the following:
4.3.1.
Not to engage in unlawful, defamatory, discriminatory,
harassing, or harmful behavior.
4.3.2.
That your contributions do not violate any laws or
infringe on others’ rights.
4.3.3.
That you grant us a non-exclusive, perpetual,
worldwide, royalty-free license to use, reproduce, display, modify, and
distribute your submitted content.
4.3.4.
That we reserve the right to monitor, edit, or remove
any content at our sole discretion but are not responsible for user-generated
content.
4.3.5.
That we do not endorse user-submitted content, and any
opinions expressed belong solely to the respective authors.
4.4.
Monitoring & Content Management: While we are not
obligated to screen content, we reserve the right to review, remove, or
restrict access to any material that violates these terms. Any reliance on
user-generated content is at your own risk. The Site may be managed by
employees or members who do not necessarily represent our views or official
stance.
4.5.
Third-Party Hosting & Privacy: Some Community
Features or chat functionalities may be hosted by third-party providers. By
using these services, you acknowledge that your communications may be processed
by those third parties. We are not responsible for their practices, and you
should review their terms and privacy policies separately.
4.6.
User Responsibility & Privacy: Information
shared in Community Features may be visible to others. Please be mindful of
what you disclose. Refer to our Privacy Policy for details on how we handle
user data.
5.
ACCOUNTS,
PASSWORDS & SECURITY
5.1.
Certain features or services offered on or through
Site require a user identification and password to access and use, and certain
services may require additional codes. You are solely responsible for (i)
maintaining the strict confidentiality of the user identification, passwords
and codes (“Member Information”) assigned to You; (ii) charges,
damages or losses that may be incurred or suffered as a result of your or your
personnel’s failure to maintain the strict confidentiality of Member
Information; and (iii) promptly informing us in writing of any need to
deactivate or replace any Member Information due to security concerns. We are
not liable for any harm related to the theft of your Member Information, your
disclosure of your Member Information, or your authorization to allow another
person or entity to access and use the members only Site using your Member
Information. You agree to notify us immediately as soon as you become aware of
any unauthorized use of your Member Information. Notice to us under this
section of the Agreement may be accomplished by sending e-mail to info@therapix.io.
5.2.
We do not guarantee that the Site will be secure or
free from bugs or viruses
5.3.
You are responsible for configuring your information,
computer programmes and platform to access the Site. You should use your own
virus protection software.
6.
PRODUCT
INFORMATION & WARRANTIES
6.1.
We advertise and offer for sale our products and other
third-party products. Unless indicated otherwise, most products and services
featured on the site are available directly from or through the Site. We have
made a conscientious effort to display and describe its products and services
on Site accurately so that you may preview their design and use; however, we cannot
and do not warrant or guarantee the accuracy or completeness of the
information, including prices, product images, specifications, fitness for use,
reliability, availability and services. Products and services provided by third
parties are the responsibility of the manufacturer or provider of those
services.
6.2.
Receiving an order acknowledgement via e-mail does not
guarantee the acceptance of an order. We reserve the right to limit the
quantity of items ordered and/or refuse to sell to any customer.
6.3.
All items purchased from us are made pursuant to a
shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier
7.
INTELLECTUAL PROPERTY
7.1.
The Site, including all content, software, data, and
information used to provide the Services—such as text, images, source code,
embedded routines, and programs—as well as all copyrights, trademarks, patents,
trade names, domain names, service marks, and other intellectual property
rights therein, are the exclusive property of the Company, its affiliates, and
licensees. This includes the Site’s design, method of display and presentation,
the look and feel of the Site, and all associated technology, computer
programs, codes, and materials. These rights are protected by applicable
copyright and intellectual property laws.
7.2.
Any unauthorized reproduction, republication,
distribution, display, transmission, sale, modification, or any other use of
any material available on the Site without the Company's express written
approval constitutes a violation of applicable intellectual property laws. You
may not copy, distribute, transmit, perform, publish, create derivative works
from, license, transfer, or sell any information, software, products, or
Services obtained from the Company without prior written permission. We and our
affiliates reserve the right to take any necessary legal or other action
against users who infringe upon our intellectual property rights. Please refer
to our copyright statement for further details on requesting permission to
reuse our content.
7.3.
We do not claim ownership of the individual materials
or information you may provide to us, including without limitation feedback,
suggestions, posts, uploads, inputs, or submissions (collectively, a “Submission”).
However, if you provide a Submission, you (i) represent and warrant that
you own or otherwise control all of the rights to your Submission including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submission and license or sublicense the Submission; and (ii)
grant the Company, its affiliated entities and necessary sublicensees a
nonexclusive, irrevocable, worldwide, sublicensable, transferable, perpetual,
unlimited, assignable, fully paid up and royalty-free right to copy, display,
edit, publish, prepare derivative works of, distribute, process, analyse, use
and commercialize, in any way now known or in the future discovered, such
Submissions (or any content or materials contained therein), including
without limitation the rights to publish your name in connection with your
Submission. We will not pay you compensation with respect to the use of your
Submission.
7.4.
We grant you the limited and nonexclusive right and
license to access or download content from Site solely for your personal and
non-commercial use and as necessary in connection with the use of any Services
available through Site. Except as expressly authorized in this Agreement, you
may not modify, distribute, reproduce, display, or use Site or any elements
thereof. All rights not expressly granted to you by us in this Agreement are
reserved and you acknowledge that you do not acquire any ownership rights by
accessing or downloading copyrighted material from Site as authorized
hereunder.
7.5.
Any rights not expressly granted herein are reserved.
7.6.
Nothing in this Agreement or its performance shall
grant you any right, title, interest, or license in or to our names, logos,
logotypes, trade dress, designs, or other trademarks.
7.7.
Repeat Infringer Policy & Copyright
Complaints
7.7.1.
In accordance with the applicable laws, we have
adopted a policy of terminating, in appropriate circumstances and in our sole
discretion, accounts deemed to be repeat infringers. We may also, in our sole
discretion, limit access to Site/ Services and/or terminate any account used in
connection with the infringement of any intellectual property rights, whether
or not there is repeat infringement. If you believe that any user of Site/
Services or any account holder has engaged in repeat infringement of your
copyrighted materials on or in connection with Site/ Services, you may provide
our designated agent with information about your allegations of repeat
infringement.
7.7.2.
If you believe in good-faith that anything on Site
infringes any copyright that you own or control, you may file a written
notification of alleged copyright infringement with our designated agent that
contains the following:
i.
A physical or electronic signature of a person
authorized to act on behalf of the owner of a right that is allegedly
infringed;
ii.
Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single website are
covered by a single notification, a representative list of such works at that
website;
iii.
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
iv.
Information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted;
v.
A statement that the complaining party has a
good-faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
vi.
A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
7.7.3.
The alleged infringer may provide our designated agent
with a proper counter-notification. To be effective, the counter-notification
must be a written communication that includes the following information:
i.
The counter-notifying party’s physical or electronic
signature;
ii.
Identification of the material that has been removed
or disabled and the location where the material was before its removal or
disablement;
iii.
A statement, under penalty of perjury, that the party
has a good faith belief that the material was removed or disabled as a result
of mistake or misidentification;
iv.
The counter-notifying party’s name, address, phone
number, and a statement that the party consents to the jurisdiction of courts
of Ireland; and
v.
A statement that the counter-notifying party will
accept service of process from the person who provided us with notification or
an agent of such a person.
7.7.4.
Notifications and counter-notifications may be sent to
our designated agent, at the following address: info@therapix.io.
8.
LINKS TO
THIRD-PARTY WEBSITES
The Site may
contain links to third-party websites. The third-party websites are not under
our control, and we are not responsible for the contents of any third-party
websites, and the inclusion of any link is as a convenience and does not imply
endorsement by us of the sites or any association or relationship with its
operators. Your use of third-party websites and any purchases of products or
services from such third-party websites are subject to the terms and conditions
of such third-party websites. You agree that you will bring no suit or claim
against us arising from or based upon any such use of third-party websites,
including, without limitation, websites that we link to from the Site.
9.
TERMINATION
9.1.
We reserve the right in our sole discretion to
terminate your access to all or a portion of Site and/or Services at any time
without notice for any reason whatsoever.
9.2.
You may deactivate your account and end the
registration with us at any time, for any reason by sending an email to info@therapix.io
provided that such termination shall not absolve such User of any liability
towards us arising from the Services and/or use of the Site.
9.3.
Provisions of this Agreement which by their nature are
intended to survive termination or expiration of this Agreement will survive
any termination of this Agreement, including but not limited to the
representations and warranties contained herein.
10.
Information
Security
10.1.
We acknowledge that we employ industry standard
security protocol and/or reasonable security standards as per the laws
governing information technology and/or data protection and privacy to ensure
that the information that are stored, transmitted or transferred through the
Site is protected and the same is hosted on a secure server.
10.2.
We shall not be held responsible for any loss of your
information that takes place despite following standard security protocol
and/or reasonable security standards.
10.3.
In order to keep your account safe, you agree to
maintain the confidentiality of the username and password, and to change the
password of the Account periodically.
10.4.
You will be solely responsible for maintaining the
confidentiality of the username and password, and for all activities done using
the Account.
11.
GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES
& LIMITATION OF LIABILITY
11.1.
The information, software, products and Services
included in or available through Site may include inaccuracies or typographical
errors. Changes are periodically made to the information herein. We may make
improvements or changes to Site and/or Services at any time. Advice received
via Site should not be relied upon for personal, medical, legal or financial
decisions, and you should consult an appropriate professional for specific
advice.
11.2.
We make no representations about the Site and/or the
Services, including, without limitation, Site’s and/or the Services’
suitability, reliability, availability, timeliness and accuracy of the
information, materials, software, products, services and graphics found on or
through the Site.
11.3.
We provide the Site and/or Services, including,
without limitation, all information, materials, software, products, services,
and graphics “as is” without warranty of any kind. To the full extent
permissible by applicable law, we disclaim all warranties with regard to the
Site and/or Services, including, without limitation, all information,
materials, software, products, services and graphics found on or through Site,
including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement or warranties arising by course of dealing
or custom of trade.
11.4.
Further, we assume no liability or responsibility for
any errors or omissions in the content of Site or for information and opinions
received via Site, which should not be relied upon for personal, medical, or
legal decisions. We specifically disclaim any duty to update the content, or
any other information on Site.
11.5.
Your sole and exclusive remedy if you are dissatisfied
with any portion of the Site and/or Services is to discontinue using the Site
and/or Services.
11.6.
To the fullest extent permitted by law, we are not
liable for any direct, indirect, compensatory, punitive, incidental, special,
or consequential damages, including but not limited to loss of use, data, or
profits, arising from your use of or inability to use the Site and/or Services;
delays, interruptions, security breaches, or failures in the provision of the
Site and/or Services; any information, materials, software, products, or
services obtained through the Site; or the use of techniques or procedures discussed
on or through the Site and/or Services. This applies regardless of the legal
basis of the claim (contract, tort, negligence, strict liability, or
otherwise) and even if we have been advised of the possibility of such
damages. In any event, our total liability to you for any claim related to the
Site and/or Services shall not exceed €1,000 (One Thousand Euros only).
11.7.
Some jurisdictions do not permit the exclusion or
limitation of implied warranties or the exclusion of certain types of damages.
Therefore, if required by applicable law, some of the foregoing exclusions may
not apply to you.
12.
INDEMNITY
You agree to
indemnify us from and against any and all liabilities, expenses (including
without limitation attorneys’ fees) and damages arising out of claims based
upon your use of Site and/or Services, including without limitation any claim
of libel, defamation, violation of rights of privacy or publicity, loss of
service by other members, and the infringement of intellectual property rights
or other rights. We will notify you of any claim for which we seek
indemnification and will afford you the opportunity to participate in the defence
of such claim, provided that your participation will not be conducted in a
manner prejudicial to our interests, as reasonably determined by us at its sole
discretion
13.
Cancellation &
Refund Policy
13.1.
You have the right to cancel your Service(s) within 14
(Fourteen) days of purchase/ booking, provided the Service has not yet
commenced. Upon cancellation within this period, a full refund will be issued. Cancellation
requests must be submitted in writing to info@therapix.io. Refunds will be
processed within 5 (Five)
business days of receiving the request.
13.2.
By proceeding with the bookings/ purchase, you acknowledge
and agree that you forfeit your right to refund once you have accessed and/or
started using the Services. If you accessed the Service or if the provision of
Services has commenced within such 14 (Fourteen) day period, your right to cancel is waived and no refunds
will be issued for the Services.
13.3.
In the event of unforeseen circumstances, such as
technical errors or issues on our part, we reserve the right to rectify the
situation by providing an extension or an alternative resolution.
14.
GOVERNING LAW
You irrevocably
agree that the exclusive venue for any action or proceeding arising out of
relating to this Agreement or our relationship with you, regardless of theory,
shall be the Irish District. You irrevocably consent to the personal
jurisdiction of the aforementioned courts and hereby waive any objection to the
exercise of jurisdiction by the aforementioned courts. Nothing in this
Agreement, including the choice of the laws of Ireland, affects your statutory
rights as a consumer to rely on the mandatory consumer protection provisions
contained in the law of the country in which you live. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including, without limitation, this paragraph.
15.
GENERAL TERMS
15.1.
No Relationship: You agree that
no joint venture, partnership, employment, or agency relationship exists
between you and the Company as a result of this Agreement or use of the Site
and/or the Services.
15.2.
Construction: If any part of
this Agreement is determined to be invalid or unenforceable pursuant to
applicable law including without limitation the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision, and the remainder of the
Agreement shall continue in effect.
15.3.
Waiver: The failure by
us to enforce any right or provision in this Agreement shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by us in
writing.
15.4.
Non-Repudiation: Any and all
actions undertaken by you on the Site shall be deemed as actions approved by
you including but not limited to transfer/ change of passwords and we shall not
have any liability towards such actions.
15.5.
Assignment: We may assign
this Agreement, in whole or part, in our sole discretion. You agree not to
assign, transfer or sublicense your rights as a Member without our prior
written consent.
15.6.
Entire Agreement: Unless otherwise
specified herein, this Agreement constitutes the entire agreement between you
and the Company with respect to the Site and/or the Services, and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and the Company with respect to the Site and/or
the Services.
15.7.
Changes: We may change
this Agreement by posting modifications on the Site. Unless otherwise specified
by us, all modifications shall be effective upon posting. Therefore, you are
encouraged to check the terms of this Agreement frequently. The last update
date of this Agreement is posted at the top of the Agreement. By using the Site
and/or the Services after the changes become effective, you agree to be bound
by such changes to the Agreement. If you do not agree to the changes, you must
terminate access to the Site and participation in the Services.
15.8.
Notices: We may provide
notices or other communications to you regarding this Agreement or any aspect
of the Services, by email to the email address that we have on record, by
regular mail or by posting it online. The date of receipt shall be deemed the
date on which such notice is given. Notices sent to us must be delivered by
email to info@therapix.io.
15.9.
Captions & Headings: Captions and
paragraph headings are for convenience only and are not a part of this
Agreement and shall not be used in construing it.