Our Agreement

We fully understand that no one really wants to read through the entire fine print, still we encourage you to read through it. 

In order to make it as easy and readable as we could, we have summarised most sections and translated the legal speech ‘in other words’.

 

The core values of PONSIST are based upon your privacy, the security of your data and the fact that we don’t need or use any commercial third party. We take a lot of pride in this and will do everything in our power to earn your trust. PONSIST Global Surgical Society is the tool for surgeons to share their knowledge and expertise with peers.



About this document

Our Agreement is about our mutual understanding of your access to and use of the PONSIST website (‘PONSIST’, ’Platform’ or ‘Society’).

By accessing or using PONSIST, you agree and acknowledge Our Agreement, our Cookies & Privacy Policy and our Society Code.

In other words

Our Agreement is what other companies call Terms and Conditions. This is the agreement between PONSIST and you about the use of our Society. 

It is our promise to you as well as our expectation of you as a member instead of you just giving up your rights and privacy. 

 

1. PONSIST

 

The Platform is accessible to verified surgeons or verified surgeons in training only. 

PONSIST helps you discover as well as share information that fits your surgical specialty and/or interest area.

PONSIST does not use advertisements, sponsored content or any other third-party involvement.

In other words

PONSIST has no need whatsoever to track you behaviour or spy on you. Providing you with a unsponsored and non commercial environment where your privacy actually means a lot. Also, if you are not a surgical specialist or training to be one you won’t be getting access to the Global Surgical Society.

 

2. Using PONSIST

 

a. Who can use PONSIST
You can use PONSIST only if we are able to verify you as a surgeon or a surgical resident of any surgical specialty and only in compliance with Our Agreement as well as within applicable laws.

When you apply for access, you must provide us with accurate and complete information. This information will be used for verification purposes, forms the foundational base of your PONSIST account and provides you with the base filter for your time line. 

Using PONSIST may include downloading software to your computer, phone, tablet, or any other electronic device. You agree that we may automatically update this software, and Our Agreement and our Policies will continu to apply to any future updates.

b. Membership cost

The members of PONSIST provide the only source of funding. The revenue is used to fund the maintenance, development, promotion and support of PONSIST.

 

After a free 14 days trial period the membership cost to members is set at 

 

$ 3,99 (Three Dollars and Ninety-nine Cents) per month per member.

 

PONSIST has installed an honest and straight forward cancellation process should  you decide to leave the Society. You can check out our Cancellation & Refund policy

 

c. Your account

After being verified as a surgeon or a surgeon in training and your payment details are in order you will receive access to the platform. We provide you with a personal, non-transferable and full membership account to use PONSIST.

 

In other words

You cannot use PONSIST if we are not able to verify you as a surgeon or a surgical resident. Your membership is personal. There are no hidden costs and we won’t make your life hard when you no longer want to a part of the Society.

3. Your content

 

a. Posting
PONSIST allows you to post content, including photos, comments, links, and other materials. Anything that you post, share or otherwise make available on PONSIST is referred to as ‘User Content’. You retain all rights to, and are solely responsible for, the User Content posted by you or through your account on PONSIST.

In other words

We don’t own nor can we be held responsible for the content posted on your PONSIST account.

 

b. How PONSIST and other members can use your content
You grant PONSIST a non-exclusive, royalty-free worldwide license to store, use, share, display, save and distribute your User Content within PONSIST solely for the purposes of operating, developing, providing, and using PONSIST. Nothing in Our Agreement restricts other legal rights PONSIST may have to User Content. 

 

We reserve the right to remove or modify User Content or change the way it is being used in PONSIST. This includes User Content that we believe violates Our Agreement, our Society Code and/or any other policies.

For example, User Content that is non-compliant with patient privacy rights can be removed or User Content that is posted in the wrong category can be redirected to the correct category.

 

You grant all members of PONSIST the right to view, store, save, appreciate, comment or otherwise interact with your User Content anywhere in the world within PONSIST. 

Members that wish to use, display, modify, create derivative works and distribute your User Content outside of PONSIST need your clear, explicite and personal permission to do so. On the other hand, should you not receive appropriate approval or permission from the relevant member, you are obliged to respect and accept that decision.


In other words
Posting or sharing content on PONSIST means we can show it to other members and they can save it within the platform. If anyone wants to use your content in any way outside of PONSIST they need your personal approval. 

Anyone you meet on this platform is your surgical colleague. Don’t be disrespectful to your colleagues and always ask permission before using their content outside of PONSIST. 

c. How long we keep your content
Following termination or deactivation of your account or if you remove any User Content from PONSIST, we may keep your User Content for a reasonable period of time for backup, archival or audit purposes. PONSIST and its users may retain and continue to use, store, display as well as show any of your User Content that other users have stored on PONSIST and only within the Society, unless you have permission to take it outside of the Society.

In other words
If you post content on PONSIST, you give us permission to use it within PONSIST. Copies of content shared with others may remain within the Society even after you delete the content from your account. Still doesn’t give anyone the right to take it outside without permission. Yes, this includes PONSIST too.


d. Feedback
We value hearing from our members and we are always keen on learning about ways we can make PONSIST an even better platform. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, PONSIST doesn’t waive any rights to use similar or related feedback previously known to PONSIST, or developed by its employees, or obtained from sources other than you.

In other words
We appreciate your help to improve PONSIST.


4. Copyright policy

 

PONSIST has adopted and implemented a copyright policy in accordance with the WIPO Copyright Treaty (WCT) and other applicable copyright laws. You can find a summary of the treaty here.

In other words
We respect copyrights and so should you.


5. Security

 

We deeply care about the security of our users, our members and our Society. While we work to protect the security of your content and account as well as the entire framework of the Society, we cannot guarantee that unauthorised third-parties won’t be able to defeat or access our security measures. We ask that you choose a unique and strong password and that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account at [email protected]


In other words
We do our best to PONSIST safe. You can help us keep unwanted guests away from PONSIST by keeping a few security measures in mind. 

Please find our suggestions in this Security Advice

 

6. Termination

 

When you violate Our Agreement and/or any other of our policies, PONSIST has the right to terminate or suspend your right to access or use PONSIST on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a solid reason or justification, including any violation of our Society Code, you continue to be bounded by Sections 3 and 7 of Our Agreement.

In other words
We reserve the right to refuse or cancel service to anyone, but such measures won’t discard the mutual agreement we have. When applicable we will provide appropriate notice.


7. Indemnity

You shall indemnify and hold harmless PONSIST and its affiliates, respected officers, directors and employees from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties or initiated by you), in any manner related to your access to or use of our Service, your User Content, or your breach of any of Our Agreement in connection with your use of the platform, your breach in Our Agreement, violation of law, your submission, posting or transmission of user content to the website or violation of the rights of a third-party.


In other words
If we get prosecuted because of something you do or say on PONSIST, you have to pay our costs.

 

8. Disclaimers

 

Our Society and all its content on PONSIST are provided on an ‘as is’ basis without warranty of any kind, whether expressed or implied.
PONSIST takes no responsibility and assumes no liability for any User Content that you or any other person posts or sends using our Platform. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate, or otherwise not suitable to your intended purpose.

In other words

Every member is responsible for their own User Content and it may be considered non-compliant, wrong or inappropriate. We take reported content very serious, but you still might run into it before we have a chance to take action. If you come across inappropriate content yourself, please report it to us using the report function in the system. 

9. Limitation of Liability

 

To the maximum extent permitted by law, PONSIST shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from;

  • your access to or use of or inability to access or use the Society;
  • any conduct or content of any party in the Society, including without limitation, any defamatory, offensive or illegal conduct of other users or parties; and
  • unauthorised access, use or alteration of your transmissions or content.

 

In no event shall PONSIST aggregate liability for all claims, arising from a single member or group of members being represented together, relating to the Society exceed AED 500,00 (Five Hundred Dirhams).

 
In other words
We are building the best society we can for you but we can't promise it will be perfect. We're not liable for several things, we don’t control what members share and how that affects you, but we are responsible to live up to our promises to you. If you think we aren’t, let's try to resolve our differences like adults.

 

10. Arbitration

 

For any dispute you have with PONSIST, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your PONSIST account.
If PONSIST hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to Our Agreement through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award.
You agree that, by accepting Our Agreement, that you and PONSIST are each waiving the right to a trial by court or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of Our Agreement and the termination of your PONSIST account.

Unless you and PONSIST agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees, except that PONSIST will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed AED 100.000 and is non-frivolous.
If your claim is for AED 15.000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. 

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 


Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service. 

 

All claims must be brought in the parties’ individual capacity, and not as a plaintiff of class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than oner person’s claims. You agree that, by entering into Our Agreement you and PONSIST are each waiving the right to a trial by court or to participate in a class action.

Nothing in Our Agreement shall affect non waiverable statutory rights that apply to you.

 

To the extent any claim, dispute or controversy regarding PONSIST or our Society isn’t arbitrable under applicable laws or otherwise: you and PONSIST both agree that any claim or dispute regarding PONSIST will be resolved in accordance with Section 11 of Our Agreement.

In other words

Should we encounter serious issues between us, we will first try to find a solution together. If we aren’t able to work things out amongst ourselves, we get the help of an arbitrator to settle our differences. 

 

11. Governing law and jurisdiction

 

Our Agreement shall be governed by the laws of the United Arab Emirates and relevant court for legal disputes shall be governed by the Courts United Arab Emirates.

 
In other words
If you need to, in most cases you'll have to prosecute us in the United Arab Emirates. 

12. General terms

 

a. Notification procedures and changes to Our Agreement
We will notify you when we make changes to Our Agreement and you agree to receive legal notices or updates electronically. We may revise Our Agreement from time to time and the most current version will always be posted on our website. By continuing to access or use PONSIST after revisions become effective, you agree to be bounded by our new Agreement. If you don’t agree to the new Agreement, please stop using PONSIST.

In other words
If we're making a changes to the terms, we'll let you know by email. If you don’t like the new terms, you should stop using PONSIST.


b. Entire agreement/severability
Our Agreement, together with the
Cookies & Privacy Policy and any amendments and any additional agreements thereon you may enter into with PONSIST shall constitute the entire agreement between PONSIST and you concerning the Society. If any provision of Our Agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of Our Agreement will remain in full force and effect.

 

In other words

Our Agreement including our various policies is the total of what we both consent to. If we have made a mistake in any of these formal documents, we will correct that mistake. That doesn’t change the validity of the correct parts of Our Agreement though.

c. No waiver
No waiver of any clause or term of Our Agreement shall be deemed a further or continuing waiver of such term or any other term, and PONSIST’s failure to assert any right or provision under Our Agreement shall not constitute a waiver of such right or provision.

In other words

We all have rights. This is us making sure we didn’t waive away ours while trying set up an honest agreement.

 




Effective since November 1, 2018

Last updated on November 12, 2018