General Terms and Conditions
EFFECTIVE DATE: May 4, 2023
Information about us
QorumPartners LLC (“QorumPartners”/ “We”). E-mail: firstname.lastname@example.org
QorumPartners is a Virtual Care Management services provider specializing in Remote Patient Monitoring (RPM). The company is the exclusive US distributor of the Coala Heart Monitor. This FDA-cleared and CE-approved product platform enables long-term monitoring, analysis and algorithm-based diagnostics of the heart and lungs remotely.
THE RESULTS SHOWN IN THE QORA PORTAL ARE INTENDED FOR USE AS AN INDICATOR OF YOUR HEALTH CONDITION AND THE INFORMATION SHOULD ONLY BE DISCLOSED AS INFORMATIVE. QORUMPARTNERS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND INJURIES AND MAKES NO WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE HEALTH INFORMATION. ANY DOUBT ABOUT YOUR HEALTH OR MEDICAL CONDITION, QORUMPARTNERS RECOMMENDS THAT YOU ALWAYS CONTACT YOUR DOCTOR OR CALL 911 IN CASE OF EMERGENCY.
NOTE THAT QORUMPARTNERS IS NOT RESPONSIBLE NOR CAN BE HELD LIABLE FOR THE ADVICE GIVEN BY ANY EXTERNAL HEALTHCARE PROVIDER IN THE CONTEXT OF QORUMPARTNERS SERVICES. THE PRESCRIBING HEALTHCARE PROFESSIONALS ARE SUBJECT TO APPLICABLE UNITED STATES HEALTHCARE LAWS AND REGULATIONS.
QorumPartners Limited Warranty
The Limited Warranty and Returns Policy applies to QorumPartners’ connected devices (the “Product”) and is given by QorumPartners, to the original purchaser (the “Owner”) who obtained the product directly from QorumPartners.
What Does the Limited Warranty Cover?
This Limited Warranty is Limited to the express terms. The Limited Warranty is made only to the Owner. Coverage terminates if Owner sells or transfers the Product.
QorumPartners warrants to the Owner that the Product will materially conform to published specifications and be free from defects in materials, at the time that QorumPartners ships the Product.
How Long Does the Coverage Last?
QorumPartners guarantees that connected devices works for a period of one year from the delivery date to the Owner (“Warranty Period”). The warranty is valid provided that the Product has been used in accordance with QorumPartners’ instructions for use. If a failure occurs during the Warranty Period, you must notify QorumPartners within two weeks of the failure to claim warranty.
What Will QorumPartners Do?
If QorumPartners determines that the Product is eligible for warranty replacement, a Return Merchandise Authorization (RMA) number will be issued for return of the Product. QorumPartners is not responsible for items damaged or lost during transit. QorumPartners will replace the Product with the same or equivalent to the Product that was purchased. QorumPartners reserves the right to replace any discontinued Product with a new product comparable value and function. Replacement Product provided under Limited Warranty will only be shipped to the Owner address.
What Does the Warranty not Cover?
EXCEPT AS EXPRESSLY PROVIDED BY THIS LIMITED WARRANTY, QORUMPARTNERS IS NOT RESPONSIBLE FOR THE DIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR BUSINESS DAMAGES (INCLUDING WITHOUT, LIMITATION LOSS OF PROFIT OR USE) BASED ON ANY DEFECT, FAILURE OR MALFUNCTION OF THE PRODUCT, OR OTHER REASON, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, OR AS A RESULT OF YOUR SALE OR USE OF THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU:
QORUMPARTNERS MAKES NO WARRANTY, EXPRESS OR IMPLIED, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON. ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUES OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED.
This Limited Warranty shall be void if the Product has been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or if the Product’s failure to conform to the Limited Warranty was due in whole or in part to conditions beyond the control of QorumPartners. This Limited Warranty shall also be void, and QorumPartners assumes no liability, with respect to the Product altered in anyway or otherwise not used consistent with applicable Product Instruction for Use. This Limited Warranty does not cover normal wear and tear.
This Limited Warranty does not apply to any mobile device or the cellular and/or other network or system on which the Product operates. Therefore, QorumPartners will not accept any responsibility under this Limited Warranty for the operation, availability, coverage, services or range of the cellular or other network system.
The exclusions and limitations set out above are not intended to, and should not be construed so as to contravene mandatory provisions of applicable law. If any part or term of this Limited Warranty is held to be illegal, unenforceable or in conflict with applicable law by a court competent jurisdiction, the validity of the remaining portions of the Limited Warranty shall not be affected, and all rights and obligations shall be construed and enforced as if this limited warranty did not contain the particular part or term held to be invalid.
How Does State Law Apply?
This Limited Warranty is governed by and will be construed in accordance with the laws of the State of California, exclusive of its conflict of laws principle.
Limitation of Remedies
THE REMEDIES IN THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
Agents or employees of QorumPartners are not authorized to make any modification, extension, or addition to this Limited Warranty.
Our responsibility for QorumPartners services is governed by applicable laws. Otherwise, we are responsible only for breach of these conditions and for a total amount equivalent to your annual fee for QorumPartners services, unless of serious negligence or willful conduct. The restrictions do not apply to the extent that they would restrict your rights under mandatory constitution.
Grounds for Relief
If the fulfillment of our commitments is substantially obstructed or prevented due to circumstances beyond our control, such as labor disputes, fire, lightning, terrorist attacks, changed constitution, government intervention and failure or delay in subcontracting services due to circumstances specified herein, shall this constitute grounds for liberation which entails the advancement of the date of performance and relief from damages and other penalties. However, this shall not limit your rights under the Consumer Act or other mandatory constitution.
Notifications to us should be sent to email@example.com. Notifications to you will be sent (i) to the e-mail address or postal address you specified or (ii) by publishing on the Website.
We own all intellectual property rights to the Website, the QorumPartners name and all material posted on the Website. These works are protected by copyrights, patents and all such rights are reserved. You may, for personal use, print a copy and download extracts of pages on the Website. However, you may not use any portion of our copyrighted material for commercial purposes without first obtaining a license from us or our licensor. Through QorumPartners services you give us an irrevocable right to quote the comments about us, QorumPartners services that you submit on Website, Blog or Social Media, and use the quotes on our website, on social media and in other marketing.
Additions and changes
Transfer of rights and obligations
You may not transfer your rights or obligations under QorumPartners services without our prior written consent. However, we may transfer our rights and obligations regarding your QorumPartners service at any time during the use of the service.
Applicable law and dispute
To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the State of California without regard to conflict of law principles.
You hereby consent to QorumPartners’ engagement of third parties (including QorumPartners’ affiliates) to perform, or support the performance of, all or any portion of QorumPartners services or QorumPartners’ website.
By using QorumPartners services you agree not to:
- use or access the service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law;
- conduct activities that may be harmful to others or that could damage QorumPartners’reputation;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or disclosing personal information about another person;
- post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- use scrapers, robots, or other data gathering devices on or through the QorumPartners service, or frame or otherwise provide the QorumPartners service to third parties without QorumPartners’ permission;
- interfere with security-related features of the QorumPartners service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
- interfere with the operation of the QorumPartners service or any user’s enjoyment of the QorumPartners service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the QorumPartners service; (c) attempting to collect personal information, including without limitation ECG data or other health information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the QorumPartners service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other QorumPartners service or account without permission, or falsifying your account registration information;
- modify, translate, or create derivative works, adaptations or compilations of, or based on, the QorumPartners service or part thereof, or use, copy or reproduce the connected devices service or any part thereof other than as expressly permitted in these Terms;
- assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any Material.