In a nutshell:
Like other sources of medical knowledge, the medical information contained in Dermwiz® should be used by a qualified health care worker and must be evaluated critically by the user. Dermwiz® does not contain all the information that may be important or relevant to a health condition or a patient. The correct diagnosis for a given patient may not be listed by Dermwiz®.
You agree to assume the entire responsibility of your diagnoses and to be covered by a valid professional liability insurance. You agree to not hold Dermwiz® responsible for any medical error.
Dermwiz® is an original creation of its authors and is the intellectual property of Cogniwiz Diagnostic Decisions Inc. (Cogniwiz Inc.). You agree not to access Dermwiz® without a valid subscription, not to duplicate, copy, sell or exploit any portion of Dermwiz®.
Cogniwiz Inc. will make all reasonable efforts to protect from unauthorized use the personal information provided by you during the registration process. We will not sell your personal information to a third party. We receive your payments via reliable third-party payment processors. We do not have access to, store or process your payment information, including your credit card number.
These Terms shall be governed by the laws of the province of New Brunswick, Canada.
TERMS AND CONDITIONS
Dermwiz® is a diagnosis decision support system designed to assist physicians and other health professionals diagnose skin diseases. Dermwiz® is built around a database that provides a list of diseases matching search criteria selected by the user.
As a user of Dermwiz®, you agree to be bound by the following Terms and conditions.
Content and liability
Dermwiz® is meant to assist, not replace, trained professionals. The medical information contained and displayed in Dermwiz® is comparable to the content of medical textbooks and should be used in a similar fashion in the provision of health care or for reference, research, education or training. Dermwiz® should be used by qualified and duly licenced health professionals. Like all computer programs, Dermwiz® lacks human intuition and judgment and, therefore, cannot establish a diagnosis or a treatment plan for a given patient.
Given that information provided by Dermwiz® is sourced from a variety of resources over which Dermwiz® exercises no control and given that the search results provided by Dermwiz® are dependent on the search criteria chosen by you, Dermwiz® does not warrant or guarantee the completeness, accuracy or relevance of the results produced. All information obtained from Dermwiz® must be evaluated critically by the user.
You agree to assume the entire responsibility of your diagnoses and to be covered by a valid professional liability insurance. You agree to not hold Dermwiz® responsible for any medical error.
Patients should not use Dermwiz®. The information provided by Dermwiz® does not constitute, and is not intended to replace, professional advice, judgment or diagnosis nor to substitute for professional training. Not all diseases are listed or described in Dermwiz®. The correct diagnosis for a given patient may not be listed by Dermwiz®.
You agree to hold harmless and indemnify Cogniwiz Inc., its officers and employees from any demand or claim, including all resulting loss, liability, damage or expense incurred without limitation (including attorneys' fees), made by you or any third party arising out of or in connection with the provision of healthcare services or related services by you or any other person.
You agree that the disclaimers and limits on our liability contained in these terms are fair and reasonable, considering the cost of your subscription and the presence of inaccuracies, paucity of reliable medical evidence and lack of standardization in the medical literature and other sources of information that constitute the sources of the medical information contained in Dermwiz®.
Dermwiz® provides links to external web sites and other third-party resources. You agree that Dermwiz® is not responsible or liable for the contents of these resources.
Disclaimer
You expressly understand and agree that your use of Dermwiz® is at your sole risk.
Dermwiz® is provided on an "as is" and "as available" basis. Cogniwiz Inc., its officers and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Cogniwiz Inc. make no warranty that (i) Dermwiz® will meet your expectations; (ii) Dermwiz® will be uninterrupted, timely, secure or error-free; (iii) the information obtained from Dermwiz® will be complete, relevant, accurate or reliable; and (iv) any errors in Dermwiz® will be corrected.
Any content downloaded or otherwise obtained from Dermwiz® or another product of Cogniwiz Inc. is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether verbal or written, obtained by you from or through Dermwiz® or another product of Cogniwiz Inc. shall create any warranty not expressly stated in these terms.
Cogniwiz Inc., its officers and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cogniwiz Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Dermwiz®; (ii) the cost of procurement of substitute services resulting from any data or information obtained through or from Dermwiz®; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to Dermwiz®.
Nothing herein is intended to disclaim Cogniwiz Inc. liability to third parties (e.g., parties other than you and your affiliates, officers, agents and employees) for property damage, injury or death under circumstances where Cogniwiz Inc. would otherwise be responsible for same. In such circumstances, liability shall be determined by operation of law.
Registration, access, availability and payments
Access to the Dermwiz® database is limited to individual users licensed by Cogniwiz Inc. within the limits specified by these Terms. Access to Dermwiz® is licensed to you only. Payment of fees may be required.
You agree that Dermwiz® is licensed to you in online (browser-based) and/or mobile application form only. This is a License agreement, not an agreement for sale. This License permits you to access Dermwiz® only from a computer or mobile device that is owned, leased, or otherwise controlled by you, using either a web page or mobile application maintained by Cogniwiz Inc.
You agree that the registration information provided by you is accurate and complete. You agree to maintain and promptly update the registration data to keep it accurate and complete. If you provide any information that is untrue, Cogniwiz Inc. has the right to suspend or terminate your account and refuse all future use of Dermwiz® or other products by Cogniwiz Inc by you.
You agree to refrain from sharing with others, selling, trading or exploiting your registration information, including the user name and password giving you access to Dermwiz®.
You agree to maintain the confidentiality of your account. In particular, you are responsible for immediately changing your password if you have reasons to believe that its confidentiality has been breached. You agree to immediately notify Cogniwiz Inc. if you become aware of any unauthorized use of your account or any other breach of security. Cogniwiz Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If you fail to comply with this section, Cogniwiz Inc. has the right to suspend or terminate your account and refuse all future use of Dermwiz® or other products by Cogniwiz Inc. by you.
Cogniwiz Inc. will use reasonable measures to keep Dermwiz® available at all times. You agree that Dermwiz® may not be available at certain times due to maintenance, updates or other reasons beyond the control of Cogniwiz Inc. Since you will receive Dermwiz® via third party telecommunications networks, you acknowledge that Cogniwiz Inc. cannot guarantee that the availability of Dermwiz® will be uninterrupted, error free or secure.
Cogniwiz Inc. will receive your payments via reliable third-party payment processors. We do not have access to, store or process your payment card information, including your credit card number. You agree to hold harmless and indemnify Cogniwiz Inc., its officers and employees from any demand or claim, including all resulting loss, liability, damage or expense incurred without limitation (including attorneys' fees), made by you or any third party arising out of or in connection with the inappropriate, unauthorized or fraudulent use of your payment card information collected and protected by third-party payment processors.
Intellectual property
Dermwiz® is an original creation of its authors and is entirely owned by Cogniwiz Diagnostic Decisions Inc. (doing business as Cogniwiz Inc.) in Moncton, New Brunswick, Canada. “Dermwiz” is a registered trademark owned by Cogniwiz Inc.
The Dermwiz® database structure, textual and graphic content, search algorithm, software code, “Dermwiz” trademark, logos, application icons and other proprietary content accessible to you are entirely owned by Cogniwiz Inc. Dermwiz® is made available for your non-commercial use only. You agree that nothing contained in these Terms is intended or shall be construed as granting to you any rights in or to any such content.
You agree to use products, content or software owned by Cogniwiz Inc. only for the provision of medical care, to conduct reference, research, education or training. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit any portion of Dermwiz® for commercial purposes without prior written consent from Cogniwiz Inc.
The following uses of products, content or software owned by Cogniwiz Inc. are prohibited: (i) reverse engineering, decompiling or modification, in whole or in part; (ii) systematic retrieval or extraction of content or code; (iii) preparation of derivative works or incorporation of same, in whole or in part, in any other work or system; (iv) reselling access, copying, duplication, redistribution, retransmission, publication, transfer or commercial or other exploitation, in whole or in part; (v) creating or compiling, directly or indirectly, a collection, compilation, database or directory; and (vi) use of any software scripting or robots, spiders, crawlers or other automated downloading programs or devices to continuously and/or automatically search or index .
You agree to not disguise the origin of any content transmitted through Dermwiz®; transmit or otherwise make available through Dermwiz® any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt Dermwiz® or servers or networks connected to Cogniwiz Inc., or disobey any requirements, procedures, policies or regulations of networks connected to Cogniwiz Inc.; and/or intentionally or unintentionally violate any applicable local, state, national or international law.
Privacy Policy
The owners of Cogniwiz Inc and Dermwiz® are physicians like you and respect your right to confidentiality.
By becoming a subscriber of Dermwiz®, you authorize Cogniwiz Inc. to collect and store the information you provided and use it to produce statistics about our subscribers for the purpose of promoting our services. You also authorize Cogniwiz Inc. to contact you, using your email or other information provided by you, for matters relating to your subscription or to inform you of new products offered by Cogniwiz Inc.
We will make all reasonable efforts to protect from unauthorized use the personal information provided by you during the registration process. Cogniwiz Inc. will not sell, communicate or publish any part of your name, address, phone number, e-mail address, credit card information or other specific personal information provided by you during your registration to any individual or business outside of Cogniwiz Inc. Advertisement promoting third party goods and services may, however, be occasionally displayed in the web site.
Governing Law and Dispute Resolution
If your use of Dermwiz® originates from the United States or Canada, these Terms shall be governed by the laws of the province of New Brunswick, Canada. Any claim or controversy that has not been resolved by the parties following reasonable attempts to resolve same through their respective senior managers shall be submitted to arbitration according to the laws of the province of New Brunswick, Canada.
If your use of Dermwiz® originates from outside the United States or Canada, these terms and conditions shall be governed and interpreted in accordance with English law and you and Cogniwiz Inc. submit to the exclusive jurisdiction of the English Courts in order to resolve any dispute or claim arising out of these Terms, except that Cogniwiz Inc. reserves the right to bring proceedings relating to such dispute or claim against you in your home jurisdiction.
Miscellaneous
These Terms constitute the entire agreement between you and Cogniwiz Inc. with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Cogniwiz Inc.
If any part of these Terms shall be determined to be invalid, illegal or unenforceable by any valid act of any legislature or by any regulation duly promulgated, or declared null and void by any court of competent jurisdiction, then such part shall be reformed, if possible, to conform to the law and, and in any event, the remaining parts of these Terms shall be fully effective and operative insofar as reasonably possible.
