TERMS AND CONDITIONS
Last revision: November 22, 2022
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS MOBILE APP.
The following Terms and Conditions govern and apply to your use of or reliance upon this Mobile App published by Pro Med Personnel LLC dba Destination Travelcare (the "Company").
Your access or use of the Mobile App indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its addition to the Mobile App. If the Terms and Conditions are updated, a notice will be provided. If you do not opt in to the new Terms and Conditions, your continued use of the Mobile App will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All Intellectual Property (“IP”) on the Mobile App (except for User Generated Content, as defined below) is owned by us or our licensors. IP includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Mobile App (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under United States and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Mobile App including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Mobile App or Services ("Company
Materials"). The Company Materials may not be used for any other purpose than the use of this Mobile App and the services offered on the Mobile App. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.
3. USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Mobile App users post or otherwise make available on or through the Mobile App, except to the extent the content is owned by us.
4. ACCOUNT AND ACCOUNT USE
If your use of the Mobile App requires an account identifying you as a user of the Mobile App (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
5. ACCEPTABLE USE
You agree not to use the Mobile App for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Mobile App in any way that could damage the Mobile App, other users, or the services or general business of Pro Med Personnel LLC dba Destination Travelcare.
You further agree not to use and/or access the Mobile App:
a) To harass, abuse, or threaten others, or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses, malicious code, or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
6. PROTECTION OF PRIVACY
Through your use of the Mobile App, you may provide us with certain information. By using the Mobile App, you authorize us to use your information in the United States and any other country or territory where We may operate or the Mobile App may be used.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing/financial information. Depending on how you use our Mobile App, we may also receive information from external applications you use to access our Mobile App, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our Mobile App, including through email communication. We may also track certain passive information received to improve our marketing and analytics; we may work with third-party providers to further these improvements.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your App Settings. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period of time: 10 years. After that time, all information about you will be deleted.
7. ASSUMPTION OF RISK
The Mobile App is provided for communication purposes only. You acknowledge and agree that any information transmitted via our Mobile App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Pro Med Personnel LLC dba Destination Travelcare. You further agree that your use of any of the services or functionalities on the Mobile App is at your own risk. We do not assume responsibility or liability for any advice or other information transmitted via the Mobile App.
8. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Mobile App;
b) Violate the security of the Mobile App through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to or with any host, user, or network.
9. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Mobile App is at your own risk.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pro Med Personnel LLC dba Destination Travelcare and any of its affiliates against any and all liability, costs, damages, injuries, legal claims, and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Mobile App, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
11. SPAM POLICY
You are strictly prohibited from using the Mobile App or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Mobile App.
13. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
14. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Mobile App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Mobile App may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
15. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Mobile App, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Mobile App or our or any third party's equipment or network is impaired by your use of the Mobile App, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Mobile App, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Mobile App.
16. NO WARRANTIES
Your use of the Mobile App is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Mobile App will meet your needs or that the Mobile App will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Mobile App or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Mobile App is your sole responsibility and we are not liable for any such damage or loss.
17. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Mobile App are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For more information, please refer to our Privacy Policy, which you may find at the following address: www.destinationtravelcare.com/privacy.
18. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Mobile App, to the fullest extent permitted by law. The maximum liability of Pro Med Personnel LLC dba Destination Travelcare arising from your use of the Mobile App is limited to the greater of one hundred ($100) US Dollars or the amount you paid to Pro Med Personnel LLC dba Destination Travelcare in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.