Termos e Condições

Last Updated: 30.09.2017


By using the platform (as that term is defined below), you accept and agree to be bound by and comply with these terms of use, as updated from time to time in accordance with section 31 below titled “changes to these terms of use and platform”. The term “you” refers to the person or entity visiting the website and mobile application (as the term is defined below) or installing, downloading, accessing or otherwise using the platform (“use” or “using” in these terms of use will mean any of the foregoing). If you do not accept and agree to be bound by these terms of use, you must not use the platform.


1 - Acceptance of terms of use

a) The following terms of use, including as applicable, all Appendices (the “Terms of Use”) govern your use of: (1) our website located at www.adhara.education (the “Website”); (2) our mobile application (HarryFlash) that makes available a communications service to our end-users (“Healthcare Professionals and Students”), and the paying clients or partners providing sponsored or free content (“Clients”), and (3) all other products or services provided by us, as described on the Website (collectively, the “Platform”).

b) These Terms of Use form an agreement between ADHARA, LDA (“Adhara”, “us”, “we”, “our”) and you.


2 - Platform usage and service eligibility

As a condition of being granted a right to use of the Platform, you represent, covenant and warrant that: (1) you possesses the legal authority to create a binding legal obligation and in doing so you will not violate any other agreement to which you are a party; (2) in the case where you are a natural person, you have reached the age of majority in your jurisdiction; (3) you are a certified physician, medical student, or other healthcare professional; (4) you are not currently restricted from the Platform, or not otherwise prohibited from having a HarryFlash Mobile Application account; (5) you are not a competitor of Adhara or are not using the Platform for reasons that are in competition with Adhara; (6)  will only maintain one HarryFlash Mobile Application account at any given time; (7) will not violate any rights of Adhara, including intellectual property rights such as copyright or trademark rights; (8) agree to provide at your cost all equipment, software, and internet access necessary to use the Platform; and (9) you will use the Platform in accordance with these Terms of Use. b) We retain the right, at our sole discretion, to temporarily or permanently deny you access to the Platform (or any portion thereof) for violation of these Terms of Use.


3 - Notifications and service messages

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use or to our Privacy Policy, will be in a written form and given: (1) by Adhara via email (in each case to the address that you provide); or (2) by posting to the Website; or (3) via the HarryFlash Mobile Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Platform.


4 - License grants

We grant you a personal, revocable, non-exclusive, non-sub-licensable and non-transferable license during the term (“Term”) to use the Platform in accordance with these Terms of Use for the Permitted Use only.


5 - Security

You will be required to sign up for a user account (the “User Account”) using the available interfaces on the Platform and to provide a valid, working email address and password to access or through facebook accounts to use the Platform. Upon registering, you will select a password or automatically access to the Platform through facebook accounts. Your email address and the password and codes assigned to you are or the login information of your social networks accounts (in the case facebook), collectively, your “User Information”.

You are responsible for keeping your User Information secure and will not share your User Information with anyone else. You are responsible for all acts or omissions carried out under your User Information. You agree to immediately notify Adhara in writing by email (support@adhara.online) of any unauthorized use of your User Information or any other breach of security. Adhara is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. We reserve the right to disable any User Account issued to you at any time in the event that we believe or reasonably suspect that User Information has been used contrary to these Terms of Use or otherwise misused.


6 - Ownership

We expressly reserve all rights in and to the Platform (and any part thereof) that are not specifically granted to you under these Terms of Use. You acknowledge and agree that all right, title and interest in the Platform (and any part thereof), all information, material or content provided by us to you in connection with these Terms of Use, and any update, adaptation, translation, customisation or derivative work to any of the foregoing, will remain with us (or our third party suppliers, if applicable). The Platform and all materials provided by us hereunder are licensed and not “sold” to the User.


7 - Registration

To register, personal information from your social network (name, email address, birth date, gender and city) is collected, according to the registration. Otherwise you must provide your name, email address, birth date, gender, city and education institution in the registration form (“Registration Data”). You represent and warrant: (1) the Registration Data that you provide about yourself is true, accurate, current, and complete; and (2) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize Adhara, in its sole discretion, to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Adhara has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Adhara has the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform. You also authorize Adhara to access your contact list and/or address book on your device at your direction in order to allow you to share information, images and videos with specific contacts you choose, connect with your colleagues.


8 - Privacy policy

Please click the following link to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing personal information, and which is hereby incorporated into and forms a part of these Terms of Use: “Privacy Policy”.


9 - Ownership and security of content

Any information that you provide will be secured with industry standard protocols and technology.


10 - Subscription / usage fees

Adhara does currently charge fees for the use of the HarryFlash mobile application, subscription modules. You acknowledge and agree that Adhara reserves the right, in its sole discretion, to or not to charge you for and collect fees from you for the use of the Platform and to send and receive communications. Adhara will provide notice of any fee collection via the Platform prior to implementing such a fee, and you will have a choice at that time to continue to use the Platform or not. If you choose not to pay, Adhara reserves the right to immediately terminate your access to the Platform.


11 - Unlawful or prohibited use

Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, without our prior written permission: (a) use, display, mirror or frame the Platform, or any individual element within the Platform, Adhara or Adhara’ names, any Adhara trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Adhara’ express written consent; (b) access, monitor or copy any part of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose; (c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (d) deep-link to any portion of the Platform for any purpose; (e) remove any watermarks, labels or other legal or proprietary notices included in the Platform; (f) modify or attempt to modify the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (g) attempt to assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (h) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform; (i) create adaptations, translations or derivative works based on the Platform, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform; (l) use the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party.

Specifically regarding content, you agree not to do any of the following: (a)  take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the images, comments, or contributions to the Platform; (b) use the Platform or any of its content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use; (c) violate any applicable law or regulation, or any other rules of professional conduct. Adhara will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Adhara may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Adhara has no obligation to monitor your access to or use of the Platform or to review or edit any content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms of Use and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. Adhara reserves the right, at any time and without prior notice, to remove or disable access to any content that Adhara, at its sole discretion, considers to be in violation of these Terms of Use, the Privacy Policy, or otherwise harmful to the Platform.


12 - Ads

You acknowledge and agree that some of the Platform may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised on the Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Adhara shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.

Your representations, warranties, and obligations in this section survive termination of these Terms of Use.


13 - Viruses

We cannot and do not guarantee or warrant that the Platform is compatible with any computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform. We will maintain industry standard anti-virus software and tools on systems provided by the Platform.


14 - General disclaimer

Use of the platform is at your own risk. The platform is provided “as is” and “as available”. To the extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the platform whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, quality, accuracy, reliability, completeness, currency or timeliness of the platform, or that the platform is or will be error-free or will operate without interruption.


15 - Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, partners, employees, agents, successors and assigns (collectively, the “Adhara Indemnitees”) from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including but not limited to reasonable legal and accounting fees), claimed against the Adhara Indemnitees by third parties relating to: 

a) Your breach of any warranties, conditions, representations or obligations under these Terms of Use or any documents referenced herein. b) Your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights).


16 - Proprietary rights notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Adhara used herein are trademarks or registered trademarks of Adhara. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.


17 - Term and termination

These Terms of Use will commence on the day you first use the Platform and will continue in force until terminated by either party (Term). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect and without prior notice to you; and (b) you may terminate these Terms of Use at any time by requesting by email (support@adhara.education) or through any then-available interfaces on the Platform) that these Terms of Use be terminated between the parties and all your User Accounts be deleted and by ceasing use of the Platform. The change will be processed within seven (7) days.


18 - General provisions

a) These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

b) Either party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

c) If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

d) It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.


19 - Apple App Store additional license terms

If the Platform is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: a) These Terms of Use are concluded between the parties, and not with Apple. Apple is not responsible for the Platform and content thereof is governed by these Terms of Use. b) Notwithstanding anything to the contrary hereunder, you may use the Platform only on an iPhone, iPad or iPod touch that you own or control. c) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Platform. d) In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. e) Any claim in connection with the Platform related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. f) Any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. g) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Platform.

Name: ADHARA, LDA .
Address: Rua de Argoncilhe, n.º 362, 4505-074 Santa Maria da Feira, Aveiro, Portugal
Telephone Number: +351 911919023
Email Address: support@adhara.online

h) Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.  i) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”) or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store Terms”) as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.


20 - Google Play additional license terms

If the Platform is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

a) You acknowledge that Google is not responsible for providing support services for the Platform.

b) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the “Google EULA Terms”) as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.


21 - Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Adhara’ prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Adhara may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.


22 - Changes to these terms of use and platform

a) Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly for any changes. b) We reserve the right to change any information, material or content contained on, or provided through the Platform at any time, and from time to time, without notice.


23 - Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Platform (“Feedback”). You may submit Feedback by emailing us (support@adhara.online). You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.


24 - Contacting Adhara

Please contact Adhara at:
Name: ADHARA, LDA.
Address: Rua de Argoncilhe, n.º 362, 4504-074 Santa Maria da Feira, Aveiro, Portugal
Telephone Number: +351 91 191 90 23
Email Address: support@adhara.online
Website: www.adhara.online