introduction

Therex Portal is a web-based application developed to address the need of an indiviual physiotherapist(hereinafter referred to as “Physiotherapist”) or a team of physiotherapists, either working joinlty or under an entity (hereinafter referred to as “Clinic”) to prescribe exercises to their patients (hereinafter referred to as “Patients”) and educate them on their health conditionsby improving efficiency of patient management through its website www.therexportal.com (the “Website”), and/or any other digital platform accessed by its end-users (the “Platform” and together with the Website, “Therex PortalService”).The use of the Therex Portal Service is subject to the terms and conditions set forward in these terms of service (hereinafter referred to as “Terms of Service”).

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THEREX PORTAL SERVICE, THE PATIENT OR ANY OTHER USER (HEREINAFTER REFERRED TO AS “YOU”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND TO ALL TERMS AND CONDITIONS LISTED HEREIN. IN CASE YOU DO NOT AGREE TO THESE TERMS OF SERVICE, KINDLY EXIT THIS PAGE AND DO NOT ACCESS OR USE THEREX PORTAL SERVICE ANY FURTHER.

Scope, Updates and Applicability:

Therex Portal may, in its sole discretion, amend the Terms of Service and communicate the same to you via email or by posting on any part of Therex Portal. Therex Portal recommends that you review these Terms of Service prior to each use of Therex Portal and by continuing to access and use Therex Portal, you agree to any such modificationsas well. As such, you are responsible for reviewing and should update yourself with any such modifications. In addition, when using particular services or features on Therex Portal, you will be subject to any policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted herein. All such guidelines or policies are hereby incorporated by reference into these Terms of Service and may be read as part and parcel of these Terms of Service.

Modifications to Therex Portal:

Any feature of part of the feature of the Therex Portal Service may be modified or deleted and may be temporarily or permanently suspended at any time, with or without prior notice. Therex Portal shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Therex Portal Service.

Use of Therex Portal Service:

You may be required to to establish an account in order to use the Therex Portal Service and avail the advantage of certain features. If so, you agree to provide true, accurate, current and complete information about yourself as prompted by the Therex Portal Service as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated or Therex Portal Service has reasonable grounds to suspect that such information is false, inaccurate or outdated, Therex Portal Service has the right to suspend or terminate your account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. Since, confidential Information shall include the unique identification code (ID) and password, either chosen by you or generated or auto-generated by Therex Portal as a part of standard security procedures, you should not disclose the same to any third parties. If done so, the same shall be at your sole risks and costs. Therex Portal reserves the right to disable any identification code and/or password or reset it. Your account is meant to be private and you shall not share accounts for any reason whatsoever. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via Therex Portal Service, including charges resulting from unauthorized use of your account.

You agree to use the Therex Portal Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Therex Portal Service Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. Therex Portal reserves the right to monitor all users’ IP addresses, data and user information to prevent breach of this condition and if needed, to report any unlawful event to the concerned legal and executive authorities. You also agree that you shall not hack into or bypass the authorized and legal ways to enter the Therex Portal Service and download, share, copy, save, edit or use the information for any reason whatsoever. You also agree that you shall not create multiple user accounts through automation or by misrepresentating or shall create multiple logins, or transmit any viruses, Trojans, computer codes or other destructive material, store illegal material or data, use the service or content to invade others privacy, cause annoyance, inconvenience or harass any other person and cause needless anxiety or discomfort or any unpleasant experience to other, including the Physiotherapists or Clinic. You agree not to use the Therex Portal Service in any manner that interferes with its normal operation or with any other user’s use of the Therex Portal Service.

You also hereby agree and acknowledge that you may not do any of the following while accessing or using the Therex Portal Service: (i) hack, bypass or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (ii) access or search or attempt to access or search the Therex Portal Service by any means other than through our currently available, published interfaces that are provided by Therex Portal; (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Therex Portal Service to send altered, deceptive or false source-identifying information; (iv) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Therex Portal Service, or otherwise creating an undue burden on the Therex Portal Service. You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Therex Portal Service and shall not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Therex Portal Service. You further agree that you will not access the Therex Portal Service by any means except through the interface provided by Therex Portal Service for access to the Therex Portal Service. Creating or maintaining any link from another application to any page at the Therex Portal Service without the prior authorization of Therex Portal is prohibited and shall make you liable for the same. Any permitted links to the BreathingRoom Service must comply with all applicable laws, rule and regulations.

Terms for Physiotherapists and Clinics:

If you are a Physiotherapists or a Clinicc, wishing to use the Therex Portal Service, you will be required to keep an updated information about yourself, your patients, the content and prescription that you provide to them, includign reasons for the same.

Therex Portal shall facilitate and allow you to receive, store, modify, edit and/or use all Patient personal, medical and other related information and you, as a Physiotherapist and/or a Clinic understand that you are represent the reputation of Therex Portal and Therex Portal Service. As such, certain minimum standards of professionalism, competency and due care and caution shall be expected out of you. If a Patient or a user received ill-advice or is not satisfied by the quality, quantity or the pricing of the services, their experience working with you through Therex Portal may also damage the reputation and goodwill of Therex Portal. As such, you are expected to be careful in overall management of your Patients and showcase utmost care and caution to them. In connection with your subscription, the Physiothrapist or Clinic will be asked to provide customary billing information such as name, billing address and credit card information either to Therex Portal or its third-party payment processor(s). You agree to pay Therex Portal in accordance with your subscription plan and these Terms of services by one of the methods described on the Therex Portal Service, e.g. by credit card or debit card or any other mode of payment that is presently or may in the future be available on Therex Portal. You hereby authorize the collection of such amounts by charging the credit card provided as part of subscription, either directly by Therex Portal or indirectly, via a third-party online payment processor or by one of the payment methods described on the Therex Portal Service. If you are directed to Therex Portal’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

Monitoring:

Therex Portal strives to provide a useful Platform for all users, including Patients, Physiotherapits and Clinics. To do so, Thereax Portal may monitor activity on the Therex Portal Service and generally on the Internet about the Patients, Physiotherapits and Clinics, including but not limited to, public discussions, social networking sites, government websites listing the public data on a paid or unpaid basis, photo and video galleries, bulletin boards, chats, blogs, job search engines or elsewhere.However, Therex Portal does not make any representations, warranties or guarantees that Therex Portal Service shall be monitored for accuracy or unacceptable use or that Therex Portal will take any specific action, including legal action, in the event of a dispute regarding compliance or non-compliance. Therex Portal shall have no control over the content or prescriptions uploaded, transmitted, sent or otherwise made available on or through the Therex Portal Service by the Physiotherapists or Clinic, so you may be exposed to content that is highly customized, applicable only to you and strict confidential.

Intellectual Property Protection:

You acknowledge that all materials on the Therex Portal Service, including, but not limited to the website design, textual information, graphic designs, sounds, moving images, vidoes, pictures, and other similar information and the unique presentation thereof (collectively hereinafter referred to as the “Information”), is the exclusive property of Therex Portal and/or its co-owners, licensors, and is subject to and/or protected by applicable trademarks, copyright and other intellectual property laws and legal rights. All rights to Information not expressly granted in these Terms of Service are reserved to their respective copyright owners. Therex Portal merely authorizes you to view, download and/or print the Information only for personal and non-commercial use and nothing else whatsoever and does not provide you any license whatsoever. You hereby understand and acknowledge that your use of the Therex Portal Service is solely and exclusively under the limited license granted herein and you shall not claim any right, title or interest under this Terms of Service. All trademarks, service marks, trade names, domain names, slogans, and logos are either the property of Therex Portal, or their respective owners. All rights, not expressly granted herein by Therex Portal Service to you are fully reserved by Therex Portal Service, its advertisers and licensors. You understand and undertake that you may not copy, download, reproduce, distribute, perform, republish display, post, transmit, create derivative works or otherwise use any of the Information in any form or by any means, without the prior written authorization of Therex Portal or the respective owners. The trademarks, service marks, trade dress and logo marks (collectively, hereinafter referred to as the “Marks”) contained or described at the Therex Portal Service are the sole property of Therex Portal and/or its respective owners or licensors and may not be copied, altered or otherwise used without the prior written authorization of Therex Portal and/or its respective owners or licensors. You understand the its respective owners or shall be entitled to enforce thier legal rights in cases of any breach without prejudice. You understand that some of the Marks that you may see within the Therex Portal Service may not be owned by Therex Portal, and are the property of their respective trademark holders. Therex Portal or Therex Portal Service does not claim to be affiliated to these brands and disclaim any affilitation, sponsorship or endorsement with or by the same.

Privacy Policy.

Use of Therex Portal is subject to the terms of the Privacy Policy, which is hereby incorporated into and made part of these Terms of Serviceand is not repeated herein for the sake of brevity. Please carefully review our Privacy Policy. By using or accessing Therex Portal, you agree to be bound by the terms of our Privacy Policy as well.

Access through Mobile and Tablet Computer or Devices:

You understand that the Therex Portal Service may be viewed, used and accessed through a mobile device, tablet computer or a similar device. Therex Portal does not guarantee that all parts of the Therex Portal Serviceshall be fully accessed through such devices or through all carriers and service plans or shall be available at all geographic locations. Please contact Therex Portal for more information on how to best use the Therex Portal Service on mobile and tablet computers and in what locations, unless listed on the Website already.

Communications:

The communications between you and Therex Portal usually use electronic means, whether you access, visit or use Therex Portal, send us messages, or whether we post notices on Therex Portal or communicate with you via messaging. For contractual purposes, you hereby understand and agree to receive communications from Therex Portal in electronic form and agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in writing. Your consent to receive communications and do business electronically, and your agreement to do so apply to all of your interactions and transactions with us.

Confidentiality:

In connection with your use of Therex Portal or Therex Portal Service, you may receive confidential and/or personal information of the Physiotherapists or Clinic that includes any non-public information, written or oral, relating to Therex Portal, its partners or affiliates, or other Users. You hereby agree to safeguard and keep the all confidential information to yourself, agree to only use it for your permitted use of Therex Portal, and not disclose it to any third party.

Discontinuation/Termination of Services:

You may choose to discontinue access and usage of Therex Portal at any time. Any Patient, Clinic or Physiotherapistmay discontinue with whatsoever reason. Upon discontinuance of use/termination for any reason, Therex Portal may delete all data/information from the Service.

Indemnification:

You agree to indemnify, defend and hold harmless Therex Portal users against all claims, appeals, causes of action, casualty, expenses, damages and costs; emerging or arising from or relating to your use of Therex Portal, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Therex Portal, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to Therex Portal. We reserve the right to assume, at our own expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Content:

All Content is the sole responsibility of the person who originated such content. You attest that all Content transmitted or accessed by you using Therex Portal, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with Therex Portal, and you certify that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content. You understand that by providing Content publicly in connection with Therex Portal, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicense able and transferable right to fully exploit such Content in connection with our business.

Information submitted to Third Parties:

Therex Portal understands and recognizes the fact that you may, now or in the future, submit your personal and medical information to other medical service providers or similar service providers as well, which may or may not be Therex Portal’s competitors. Therex Portal disclaims any liability arising out of the violation of these third parties since the use of such information by them is beyond our control and you voluntarily choose to submit your information to them. Kindly note that our Privacy Policy shall not cover actions by or on behalf of these third parties

THEREX PORTAL SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THEREX PORTAL, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THEREX PORTAL; (V) FOR ANY DISPUTES BETWEEN USERS OF THEREX PORTAL OR BETWEEN A USER OF THEREX PORTAL AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THEREX PORTAL OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THEREX PORTAL PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THEREX PORATL AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THEREX PORTAL WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THEREX PORTAL PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO THEREX PORTAL VIA THEREX PORTAL FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY THEREX PORTAL.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer:

Therex Portal Service is designed to help Patients and users better connect with their Physiotherapist and/or Clinics through receiving customized exercises, management and tracking of their exercise activity, and other medical and nutritional advice, as applicable. However, Therex Portal makes no representations or warranties, expressed or implied, regarding the use of Therex Portal Service by you or by Physiotherapist and/or Clinic or for the use or interpretation of any information stored on, generated by or received through the Therex Portal Service. All general information provided by Therex Portal shall not replace the customized services provided by a licensed Physiotherapists or Clinic. All such information is not intended to be a alternative for a medical advice given by a licensed physiotherapist. You hereby agree and acknowledge that you are solely responsible for reviewing and evaluating the accuracy and relevance of any information provided by the Physiotherapist and/or Clinics or any other information stored on, generated by or received through the Therex Portal Service. Therex Portal strongly encourages you not to take the information provided on its Website as a substitute for professional medical advice, diagnosis or treatment. All general information provided on Therex Portal is for educational purposes only and should not be miscontrued to replace professional medical advice. Please immediately contact a healthcare provider of your choice if you have any questions.

Therex Portal hereby disclaims all liabilities as a result of your reliance of any information, advice or prescription by the Physiotherapist or Clinic as Therex Portal is merely a Platform for you to connect with them. Please consult your healthcare service provider prior to making any lifestyle changes on the basis of information given on Therex Portal. Albiet, due care and caution has been taken in making the Therex Portal Service and its features exhaustive for Physiotherapists or Clinics to connect with their Patients, Therex Portal, its affiiliates or sponsors shall not be responsible or in any way liable for any errors, omissions, or inaccuracies, whether arising from negligence or otherwise, or for any consequences arising therefrom and by agreeing to use Therex Portal Service, you hereby disclaim all liability arising directly or indirectly from the use of Therex Portal Service. Therex Portal assumes no responsibility for personal injury or property sustained during or after the use fo Therex Portal Service.

Applicable Law and Jurisdiction.


Procedure for Notifying Therex Portal of violation of law:

said information may be emailed to info@therexportal.com

Miscellaneous:

These Terms of Service constitute the entire agreement between Therex Portal and each user of the Therex Portal service with respect to the subject matter of these Terms of Service.If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

You may not assign any of your rights or delegate any of your obligations under these Terms of Service. Your physiotherapist and Clinicwill comply with these Terms of Service applicable to you, and you are responsible for their actions and omissions as though they were your actions and omissions.

The failure of Therex Portal users to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.

We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.

No action arising out of these Terms of Service or your use of the Therex Portal Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

Customer Support:

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at info@therexportal.com.