TERMS OF SERVICE
Last Revised: May 1, 2021
These Terms of Service (the “Terms”) are a legal agreement between you and Global Virus Pass, Inc. (“Global Virus Pass”, “we”, “our”, or “us”) governing your access to and use of the Global Virus Pass’s websites and the mobile applications provided by or on behalf of Global Virus Pass (such websites and mobile applications, collectively, the “Platform”) and the services which Global Virus Pass agrees to provide to you in connection with the Platform (collectively, the “Services”).
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services or accessing and using the Platform under the laws of the United States or other applicable jurisdictions. To register as a user of the Platform you must be 18 years or over. If you are registering for the Platform on behalf of an individual under 18, you represent and warrant that you are that individual’s parent and/or guardian and that you have the full right, power, and authority to act on that individual’s behalf and agree to these Terms, and grant the rights granted under these Terms, on behalf of such individual. Further, you represent and warrant that you have provided all necessary notices and obtained all necessary consents in order to enter into these Terms and grant such rights on behalf of that individual.
BY CLICKING I AGREE, OR BY OTHERWISE ACCESSING THE PLATFORM OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
In the case of inconsistencies between these Terms and information included in any other materials related to the Platform or the Services (e.g., promotional materials), these Terms will always govern and take precedence.
Please click here https://www.globalviruspass.com/terms-of-service to view a printable version of these Terms.
1.1 Description. The Services are the provision of access to the Platform which allows you to order testing and other healthcare services, view data and information about your services, and upload and share data and other information, including, but not limited to testing results and vaccine confirmation with third.
1.2 Availability. Global Virus Pass uses reasonable efforts to ensure that the online features of the Platform are available 24 hours a day, 7 days a week. However, there will be occasions when the Platform will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Global Virus Pass. Global Virus Pass will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Global Virus Pass. You agree that Global Virus Pass will not be liable to you for any unavailability, modification, suspension, or discontinuance of the Service. You are responsible for obtaining access to any services and that access may involve third party fees (such as medical, Internet service provider, or cellular data use charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services and the Platform.
1.3 Registration. You may access certain online features of the Services through your account on the Platform (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information provided to Global Virus Pass about yourself (either by you or on behalf of you) upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. Global Virus Pass reserves the right to require you to change your username or password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify Global Virus Pass immediately at firstname.lastname@example.org. You hereby consent to Global Virus Pass disclosing Customer Data to other users of the Platform that are authorized to access such Customer Personal Data in connection with their use of the Platform, or as may be required by applicable law
1.4 Platform License. Subject to these Terms, Global Virus Pass grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Platform and Services. This license is exclusive to you and you may not sublicense the use of the Platform. Global Virus Pass expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Platform, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Platform. You may not modify the Platform, create derivative works of the Platform, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Platform that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Platform. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Platform or displayed by, on, or in the Platform. You may use the Platform only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Platform after any termination or expiration of your agreement to these Terms for any reason.
2. User Content and Submissions
2.1 Copyright in Your Content. In connection with your access to, or use of, the Platform or the Services, you may have the opportunity upload to the Platform (or have third parties upload to the Platform on your behalf) certain information, data, text, messages, or other materials, including, but not limited to, your personal information (together with Customer Data, collectively, “Content”). Global Virus Pass does not claim ownership rights in any such Content that you make available. By submitting your Content and accepting the consideration set forth in these Terms, you unconditionally grant to Global Virus Pass a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. As between you and Global Virus Pass, you remain the owner of all Content that you make available in connection with your use of the Platform. Additionally, you hereby consent to Global Virus Pass disclosing your Content to other users of the Platform that are authorized to access such Content in connection with their use of the Platform, or as may be required by applicable law. You represent and warrant to Global Virus Pass that you are the owner of the copyright to the Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold Global Virus Pass harmless for any violation of this provision.
2.2 Review of Content and Materials. While Global Virus Pass is not required to review material on the Platform, and is not responsible for any content, data, or other information on the Platform, Global Virus Pass reserves the right to remove, delete, move, or edit Content.
3. Pricing and Payment. The Services are initially made available without charge, however, Global Virus Pass reserves the right to charge for the Services, or any component thereof. Any fees for the Services will be posted on the Platform.
4. Third Party Software and Services and Linking. Although we may make software, hyperlinks, and other products and services of third-party companies available to you, your use of such products and services is subject to the respective terms and conditions imposed by the third party owning, manufacturing, providing, or distributing such products and services, and the agreement for your use will be between you and such third party. Global Virus Pass makes no warranty with regard to the products, services, or websites of any other entity. Global Virus Pass has no control over the content or availability of any third-party software or website. In particular, (a) Global Virus Pass makes no warranty that any third-party software you download or web Platform you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses or that any data you provide to any such third party will be secure from unauthorized use and (b) it is your responsibility to become familiar with any websites or third party service providers privacy and other policies and terms of service, and to contact that third-party with any concerns.
5. Suspension and Termination. Global Virus Pass reserves the right to suspend or terminate your access to and use of the Platform and Services, at any time, without notice, for any reason, including but not limited to (a) your breach of these Terms, or any other policies or guidelines set forth by Global Virus Pass, or (b) Conduct that Global Virus Pass believes is harmful to other users of the Platform or Services, or the business of Global Virus Pass or other third party information providers. Further, you agree that Global Virus Pass shall not be liable to you or any third party for any termination of your access to the Platform or Services. Global Virus Pass reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof, including, but not limited to any party of the Platform) with or without notice. You agree that Global Virus Pass shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or the Platform.
7. Disclaimer of Warranty. THE SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. GLOBAL VIRUS PASS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLOBAL VIRUS PASS MAKES NO WARRANTY THAT THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PLATFORM, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. ANY CONTENT, DATA, AND INFORMATION MADE AVAILABLE THROUGH THE PLATFORM TO YOU OR TO THIRD PARTIES ON YOUR BEHALF IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND AND GLOBAL VIRUS PASS IS NOT RESPONSIBLE FOR ANY SUCH CONTENT, DATA, AND INFORMATION. GLOBAL VIRUS PASS MAKES NO WARRANTIES THAT THE SERVICES, THE PLATFORM, OR ANY CONTENT, DATA, OR INFORMATION MADE AVAILABLE TO YOU OR THAT YOU MAKE AVAILABLE TO ANY THIRD PARTY WILL MEET YOUR OR SUCH THIRD PARTY’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS OR BE ACCURATE, COMPLETE, OR ERROR FREE. GLOBAL VIRUS PASS MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE PLATFORM OR ADVERTISED THROUGH THE PLATFORM. NO ADVICE OR INFORMATION GIVEN BY GLOBAL VIRUS PASS, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
8. Rules of Conduct.
8.1 Distribution of Content. You agree that you will not upload any Content that: contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Platform or any connected network, that is inaccurate, misleading, or inappropriate, or otherwise violates any of Global Virus Passes policies.
8.3 Monitoring. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
9. Proprietary and Privacy Protection for Other Users’ Content on the Platform. Global Virus Pass hereby notifies you that all the information, content, image files, software and materials on the Platform may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. Global Virus Pass is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Platform. Global Virus Pass has the absolute right to terminate your account or exclude you from any Platform if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Global Virus Pass harmless for any violation of this provision.
10. Indemnity; Limitation of Liability.
10.1 You agree to indemnify, and hold Global Virus Pass, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Platform or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Platform or Services caused damage to a third party.
10.2 YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE PLATFORM OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GLOBAL VIRUS PASS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF GLOBAL VIRUS PASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PLATFORM OR THE SERVICES, FROM ANY CHANGES TO THE PLATFORM OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE PLATFORM AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
10.3 IF YOU ARE DISSATISFIED WITH THE PLATFORM OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL GLOBAL VIRUS PASS HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND THE SERVICES. THE TOTAL LIABILITY OF GLOBAL VIRUS PASS TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE PLATFORM OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES (IF ANY) OR $100, WHICHEVER IS GREATER. IT IS THE INTENTION OF YOU AND GLOBAL VIRUS PASS THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
10.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.1 Modification. Global Virus Pass may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Platform or Services after the “Last Revised” date at the top of these Terms. If you have created an Account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Global Virus Pass for your Account. Your continued access to or use of the Platform or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Platform or Services.
11.2 Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Global Virus Pass has not adhered to these Terms, please contact us by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Global Virus Pass are unable to reach a resolution to the dispute, you and Global Virus Pass will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Global Virus Pass agree that any arbitration will be limited to the dispute between Global Virus Pass and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GLOBAL VIRUS PASS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Global Virus Pass otherwise agree in writing, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
11.3 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform.
11.4 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Global Virus Pass as a result of these Terms or use of the Platform or the Services.
11.5 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
11.6 Force Majeure. Global Virus Pass will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Global Virus Pass’s reasonable control.
11.7 Waiver. The failure of Global Virus Pass to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by [Global Virus Pass] in writing.
11.8 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
11.9 Contact. Global Virus Pass is located in Carson City, Nevada. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: firstname.lastname@example.org
By Postal Mail: 204 West Speer Street, #3925
Carson City, Nevada 89703
11.10 Entire Agreement. These Terms constitute the entire agreement between you and Global Virus Pass and govern your use of the Platform and the Services, superseding any prior agreements between you and Global Virus Pass. The failure of Global Virus Pass to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Global Virus Pass nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.