User Agreement
This User Agreement (the “User Agreement”) is effective as of 30 July 2024.
This User Agreement is a legally binding contract between you ("User", "you", or "your") and NELE Charitable Institution for Support to Adults with Cancer - Find Your Path (a non-entrepreneurial (non-commercial) legal entity registered in accordance with the laws of Georgia with identification number: 404624652) (the “Organization”, "we", "us", or "our"), governing your access to and use of https://www.gotreatcancer.com/, including all subdomains and subpages (the "Website").
By accessing or using the Website, you unconditionally agree to be bound by all agreements which constitute our Terms of Service and all of its amendments and supplements from time to time. You also agree that the “Terms of Service” include our Organization’s Personal Data Protection Policy (available here: https://www.gotreatcancer.com) and this User Agreement, including its Clause 12.2 which contains an arbitration agreement.
The term of the Terms of Service, including this User Agreement, starts at the time this Agreement becomes binding on you and ends when it is terminated for any reason. You may terminate this User Agreement for any reason by ceasing to access and use the Website and all services set out herein.
Please take the time to read the following information carefully. If you do not agree to these terms, please do not use the Website.
Table of Contents
1. Subject of this User Agreement
2. Access to the Website.
3. Content
4. Right to Limit Access to the Website.
5. Newsletter
6. Release.
7. Indemnity.
8. Language.
9. Variation.
10. Severance.
11. Survival
12. Governing law and Jurisdiction.
13. Contact Information.
Terms
1. Subject of this User Agreement
The subject of this User Agreement are the relations between you, the User, and us, the Website administrator, concerning the use of the Website, access to services, content, and information of and related to the Website.
2. Access to the Website
2.1. The Organization gives the User access to the Website, including the content and information published on the Website.
2.2. The User shall bear sole responsibility for its actions when using the Website and shall refrain from any actions resulting in an unauthorized use of the Website or aimed at altering, destabilizing or otherwise interfering with the operation of the Website.
3. Content
3.1. All text, graphics and other information and materials ("Content") published on the Website are the property of or under legal possession of the Organization, unless otherwise indicated in the Content.
3.2. The Organization confirms that the Content is based on credible and verified sources, undergoes assessment and fact-checking by medical professionals, and adheres to evidence-based medicine principles. However, the medical information contained therein does not substitute for consultation with a qualified physician and may not be complete, sufficient or fit for application to each particular case. Thus, the Content is provided on an ‘as is’ basis and without any representation nor warranty by us as to its quality, fitness for any purpose. We are not responsible nor liable to you for any loss or damage you may suffer as a result of your access or use of the Content.
4. Right to Limit Access to the Website
4.1The Organization shall have the right to take any actions it considers necessary to prevent any violation of the Terms of Service, any attempts of discrediting the informational projects, or any other actions against the lawful interests of the Organization.
4.2The Organization shall have the right to suspend, limit or discontinue the User's access to the Website at any time at its full discretion and without any notice to the User. Such discretion may be exercised, among others, if the Organization considers that such actions are necessary for the purposes of Clause 4.1 above, the User is in breach of the provisions of the Terms of Service or the applicable law, or the User may harm the reputation of the Organization.
5. Newsletter
5.1On the Website, you can subscribe to our e-mail newsletter, which is free of charge. If you choose to subscribe, you can always unsubscribe from this service at any time. By doing so, you will not receive newsletters or other unsolicited enquiries in connection with the newsletter.
5.2By subscribing you understand and agree that when distributing the newsletter, for the purposes of engagement monitoring and profiling, we track how many times the email newsletter or a specific link therein has been opened, which is accomplished by using a tracking pixel, a destination page link or other means.
5.3We reserve the sole right to either modify or discontinue the newsletter, or unsubscribe users/visitors from it at any time with or without notice to you, in which case we will not be liable to you or any third party.
5.4Your personal data, including your e-mail address, will be used only for the delivery and management of the e-mail newsletter. Treatment of personal data, including for newsletter purposes, is regulated by our Personal Data Protection Policy (available here: https://www.gotreatcancer.com).
6. Release
To the fullest extent permitted under the applicable law, the Organization shall not be responsible against the User or any other third persons for any kinds of liability, damages, reimbursements and compensations, whether direct, indirect or accidental, including but not limited to those arising from the use of the Website, or the Organization exercising its rights, such as the right to limit, suspend or discontinue the User’s access to the Website, or those arising from the use of any Content or flawed or interrupted operation or technical failures of the Website,
7. Indemnity
7.1You will indemnify, defend, and hold harmless the Organization, our affiliates, and our respective directors, officers, employees, representatives, and agents for any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against the persons first mentioned in this Clause 7 or vice-versa, relating to or arising out of: (a) the use of the Website by you or your agents; (b) failure to comply with the Terms of Service or the applicable law by you or your agents; (c) negligence, wilful misconduct, or fraud by you or your agents; and (d) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents.
8. Language
This User Agreement and the Terms of Service are concluded in English. By agreeing to use the Website you consent to the English language version of the Terms of Service. For your convenience, we may provide the Terms of Service, including this User Agreement, in other languages. The Russian version of this document is available here (https://www.gotreatcancer.com). In case of discrepancies between the English language version of the Terms of Service, including this User Agreement, and any translation, the English version shall prevail.
9. Variation
From time to time, without prior notice to the User, the text of the Terms of Service, including this User Agreement, may be amended or supplemented (including in cases of changes in the applicable legislation). Your continued access and use of the Website after such variation constitutes your acceptance of the new edition of the Terms of Service. We recommend checking the date and version of the Terms of Service upon each use of the Website.
10. Severance
If any provision or part-provision of the Terms of Service, including this User Agreement, is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of the agreement.
11. Survival
Any provision of the Terms of Service, including this User Agreement, that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this User Agreement shall remain in full force and effect.
12. Governing law and Jurisdiction
12.1. The Terms of Service, including this User Agreement, and any dispute or claim (including non-contractual disputes or claims) of any sort arising out of or in connection with them or their subject matter or formation, shall be governed by, and construed in accordance with, the laws of Georgia without regard to principles of conflict of laws.
12.2. If a dispute arises between you and the Organization, our goal is to learn about and address your concerns. Disputes between you and the Organization regarding may be reported to us at the address indicated in Clause 13 below. All disputes arising out of or in connection with the Terms of Service, including this User Agreement, or related to its violation, termination or nullity shall be submitted to Georgian International Arbitration Centre for final settlement by arbitration under the Arbitration Rules of Georgian International Arbitration Centre (GIAC Rules) by one arbitrator appointed in accordance with these Rules. The place of arbitration shall be Tbilisi, Georgia. The language to be used in the arbitral proceedings shall be English.
13. Contact Information
You can contact us, NELE Charitable Institution for Support to Adults with Cancer - Find Your Path (a non-entrepreneurial (non-commercial) legal entity registered in accordance with the laws of Georgia with identification number: 404624652), at the following addresses:
E-mail: info@gotreatcancer.com