These Terms of Use govern your use of the site www.doctorhelps.com (hereinafter – the Site). By using the Site (other than reading these Terms of Use for the first time) you are agreeing to comply with these Terms of Use.
By using the Site you confirm that you have reached the age of 14 (fourteen) years.
If you do not accept these Terms of Use, please refrain from using the Site.
Please note that we may change these Terms of Use from time to time without notice so you should review them each time that you visit the Site.
We draw your attention to the limitations on liability contained in clause 7 below.
Please ensure that you have read the Privacy Policy.
1. USE OF THE SITE
1.1. Registration procedure. To create an Account, you should:
a) select a plan: free or extended;
b) fill the form with personal information: Surname, First name, date of birth, email address;
c) create a safe password to enter the Account;
d) if extended plan was selected – pay for using Site functions.
1.2. Site functions.
1.2.1. If you selected free plan We herewith grant you the right to use the Site to:
a) manage your personal information: take control of your digital footprint by verifying your Account and adding info;
b) manage ratings / reviews;
c) add, edit, delete blog posts (1 blog post);
d) view blog comments in your account;
e) ask doctor a question (1 question).
1.2.2. If you selected extended plan We herewith grant you the right to use the Site to:
a) manage your details: take control of your digital footprint by verifying your account and adding info;
b) manage ratings / reviews;
c) add, edit, delete blog posts (unlimited blog posts within 1 month);
d) view blog comments in your account;
e) ask doctor a question (unlimited questions within 1 month);
f) support WYSYWIG editor and possibility to add, edit, delete images for blog posts;
g) edit, delete blog comments in your account;
h) filter reviews by ratings in your account;
i) sort reviews by ratings, date, helpful votes in your account;
j) add, edit, delete avatar;
k) stylize and add links to your description;
l) add link on the website;
m) immediate display the profile changes on site;
n) moderate notifications settings;
o) monitor statistics in your account;
p) remove ads in your account.
1.3. Term and Renewal. Each type of plan is provided for 1 (one) calendar month or 1 (one) calendar year and may be renewed for another renewal period of 1 (one) calendar month or 1 (one) calendar year at the price set for the relevant plan at the moment of renewal unless you change your plan before the new period starts.
1.4. Changes. We in our sole discretion and at any time may modify the plan fee. Any plan fee change will become effective as of the following period. If you do not agree to the change in plan fee, you shall cancel your subscription, and it will expire at the end of the current period.
1.5. Purchase Processing. You acknowledge and agree that all billing and transaction processes are handled by Stripe and are governed by its policies. If you have any payment related issues regarding plan fee then you need to contact Stripe directly.
1.6. No Refund. Basically, your plan fee is non-refundable regardless of the number of posts you make or questions you ask per calendar month.
1.7. Medical services disclaimer. We are not a licensed medical care provider and the Site is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the Site. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call 911 or go to the nearest open emergency room immediately.
We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials, as well as violation of any ethical or moral standards applicable in your community to materials provided on the Site.
1.8. Prohibited use. When using the Site, you shall not:
a) use information obtained from the Site directly for making profit (including sell or license such information);
b) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Site, in whole or in part;
c) use access to the Site, any other information for the purpose of building or replicating the Site;
d) copy and (or) distribute the Site, in whole or in part;
e) try to interfere with the operation of the Site, disrupt the process of providing the Site to other users or otherwise try to harm the Site and (or) its users (DoS, DDoS attack, etc.);
f) demonstrate offensive behavior towards other users, doctors, representatives of the site administration;
g) post profanity;
h) post materials, videos, images containing offensive language, signs of discrimination on national, ethnic, racial or religious grounds;
i) post for-pay ratings, or engage in "astro-turfing";
j) post multiple ratings for a single doctor;
k) use the Site in any other manner that is contrary to the law of the Republic of Belarus or these Terms of Use.
2. RATINGS AND REVIEWS
2.1. The right to flag a review. Any user may flag a review for moderation by the Site team by clicking the “flag” icon next to the review or sending an email to [email protected] OR contact with us through Contact Us Form. You will be asked to provide an explanation to the Site team as to why the review should be removed (this explanation is not publicly displayed).
2.2. The right of the Site team to remove reviews. Flagged reviews are reviewed by the Site team and taken down if deemed inappropriate (for instance, because they contain demonstrably inaccurate or out of date information (to the extent that information was out of date at the time of the review), are libelous, or include accusations of unlawful activity, profanities or vulgarity, privacy violations, spam, or details that are not relevant or related to a patient’s visit). The Site team cannot verify a patient’s description of interactions with his or her healthcare provider in a private setting, or the patient’s subjective rating of that experience. The Site team does not remove reviews solely because a user claims the review is subjectively unfair.
3. NO WARRANTIES
3.1. THE SITE IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR USE OF THE SITE.
4. INDEMNIFICATION BY YOU
You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use or your use of the Site in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of any kind and nature.
5. INTELLECTUAL PROPERTY
5.1. The Site Ownership. We hold all and any rights to the Site (including all modifications and additions to the Site, any versions thereof), its parts and components, including databases, and other intellectual property, except as expressly granted to you herein.
5.2. Trademark Ownership. Our trademarks, service marks, and trade names are owned, registered and (or) licensed by us. You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your use of the Site.
5.3. License Conditions. As long as you follow these Terms of Use, we grant to you a non-exclusive, non-transferable, non-sublicensable license to use the Site in any and all countries worldwide for your non-commercial purposes (hereinafter – the License).
5.4. Copyright. We acknowledge and agree that you retain ownership in any copyright you may have in the content you submit or upload to the Site.
6. TERM OF LICENSE
6.1. Term. Your License is valid from the moment you consent to these Terms of Use and will remain in full force and effect until terminated as specified below.
6.2. Termination from your side. You may terminate your License with immediate effect by deleting your Account. You understand that any termination may involve deletion of your user content. We will not have any liability whatsoever to you for any termination of your License, including deletion of your user content.
6.3. Termination from our side. We may immediately terminate or suspend your License in the following cases:
a) We have reasonable grounds to believe that you are in breach of these Terms of Use or our Privacy Policy (without prior notice to you);
b) For any other reason (with or without notice to you).
6.4. Effect of termination. Termination of your License by any reason does not bind us to return you any fees. Your obligations to pay off the outstanding payments to us, if any, shall remain in force after termination until their full performance.
7. LIMITATION OF LIABILITY
7.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. The Site is not responsible for the accuracy of information about the doctor. We do not ascertain the validity of your-submitted ratings or blog posts. You guarantee that the information you post does not violate the rights of third parties.
7.2. Cap on liability. In any case, our cumulative liability for all claims arising from or relating to the Site shall be a maximum of the amount of the subscription fee you paid for the last 1 (one) month preceding the date the claim has arisen.
7.3. Medical services. The Site does not provide medical services, does not mediate in their provision, does not promote medical services and is not responsible for their quality, methods, timing and result of the provision, as well as the possible legal consequences of improper provision or refusal to provide services by a doctor. The owner of the Site does not bear any responsibility for claims and claims of users regarding the quality of medical services and the procedure for their provision.
7.4. Force Majeure. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.
8. APPLICABLE LAW AND DISPUTES RESOLUTION
8.1. Applicable law. Any issue which is not agreed in these Terms of Use will be governed by laws of the Republic of Belarus.
8.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of these Terms of Use by negotiations. The party which has any claims and (or) disagreements shall send a message to the other party indicating the claims and (or) disagreements that have arisen. If nevertheless a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court of the Republic of Belarus.
9. MISCELLANEOUS
9.1. Contact information. For any questions related to the use of the site, including payments issues, you can contact the e-mail address: [email protected] OR contact with us through Contact Us Form.
9.2. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.3. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).
9.4. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
9.5. Titles and interpretation. The clause titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
9.6. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.
9.7. Advertising messages. By accepting this Terms of use you agree to receive advertising messages from us by e-mail.
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