TERMS AND CONDITIONS
INTRODUCTION
The worldwide company for first and second medical opinions
Scope of Services:
By using the Help Me Doctor S.R.L. platform ("the Platform"), you agree to be bound by these Terms and Conditions. The Platform provides an international platform for 1st and 2nd medical opinions in more than 50 different languages.
User Obligations:
a. You must provide accurate and up-to-date information when using the Platform.
b. You are solely responsible for the content you share on the Platform.
You agree to respect the privacy and confidentiality of other users.
Medical Opinions:
a. The Platform provides access to medical professionals who offer 1st and 2nd medical opinions based on the information provided by the user.
b. The medical opinions provided on the Platform are for informational purposes only and should not replace professional medical advice.
Help Me Doctor S.R.L. acts as a mediator between the user and the medical professionals and does not assume responsibility for the content or actions of the medical professionals. The company is not liable for any damages, claims, or losses arising from the medical opinions provided.
Limitation of Liability:
Help Me Doctor S.R.L. limits its liability to acting as a mediator and intermediary between the user and the medical professionals on the platform.
Help Me Doctor S.R.L. is not responsible for the accuracy, reliability, or completeness of the medical opinions provided on the Platform.
Help Me Doctor S.R.L. is not liable for any direct or indirect damages arising from the use of the Platform.
Help Me Doctor S.R.L. is not liable for any direct or indirect damages, claims, or losses arising from the use of the Platform or the actions of the medical professionals.
Users understand and accept the inherent risks associated with using the Platform, including the potential for unauthorized access to personal data.
Help Me Doctor S.R.L. cannot guarantee the absolute security of personal data transmitted through the internet.
Intellectual Property:
The content on the Platform, including text, graphics, logos, and software, is the property of Help Me Doctor S.R.L. and is protected by copyright and other intellectual property laws.
Users may not reproduce, distribute, or modify the content without prior written permission from Help Me Doctor S.R.L.
User Registration:
Users may be required to create an account or register on the Platform to access certain features and services.
By registering, users agree to provide accurate and complete information and to keep their login credentials confidential.
Medical Professional Qualifications:
Medical professionals providing opinions on the Platform must possess a valid medical license to practice professional medicine.
Help Me Doctor S.R.L. assesses the qualifications and credentials of medical professionals, including verification of their medical license and professional insurance.
Governing Law and Jurisdiction:
These Terms and Conditions are governed by the laws of Italy. Any disputes arising from the use of the Platform shall be subject to the exclusive jurisdiction of the courts of Italy.
TERMS AND CONDITIONS
Definitions
We can define the platform for releasing 1st and 2nd medical opinions as a web-based service that connects patients with medical professionals to obtain a medical diagnosis and other indications useful to solve an healthcare problem or a second opinion on their medical condition
These terms and conditions ("Agreement") constitute a legally binding agreement between you ("User" or "you") and [Help Me Doctor S.R.L a company incorporated in Italy].
"Platform" refers to the online platform- helpme.doctor- through which we provide first and second medical opinions; ("Help Me Doctor S.R.L.", "we", "us" or "our"), governing your access and use of the services offered through the [helpme.doctor] platform (the "Platform").
"User", "you" and "your" refer to any individual or entity that uses the Platform;
"Medical Expert" refers to the medical professional providing the medical opinion through the Platform.
By using the Platform, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Platform.
Description of Services
The Platform provides users with access to first and second medical opinions from licensed and qualified healthcare professionals ("Services"). The healthcare professionals may include physicians, nurses, and other healthcare providers . Second Medical Opinion: The platform also offers patients the option to obtain a second medical opinion from a different licensed and qualified medical professional. The second medical opinion can be requested for the same medical condition that was previously diagnosed by another medical professional or for a new medical condition.
The Services are provided through different payment plans, which are detailed on the Platform.
Fees: The platform will charge a predetermined fee for each 1st or 2nd medical opinion requested by the patient. The fee will vary depending on the payment plan chosen ( clearly indicated in the platform) and the modalities of the opinion release, if undirect or person-to-person; in this last modality, the fee and the time for scheduling the medical opinion vary depending on the consultant.
Payment for the service will be processed via the platform's payment gateway, which supports major credit cards and PayPal.
The opinions provided by the healthcare professionals are solely their own and are not endorsed by the Company.
Patients will submit their medical records to the platform, including test results, medical history, and any relevant imaging studies. The medical professional will review the patient's records and provide an opinion based on the available information.
Privacy and Confidentiality: The platform will ensure the privacy and confidentiality of the patient's medical records and personal information. All medical professionals involved in the patient's case will be bound by the platform's privacy policy and are required to maintain the confidentiality of the patient's information.
Medical Professional Qualification: All medical professionals involved in providing 1st or 2nd medical opinions through the platform will be licensed and qualified in their respective medical fields. The platform will verify the credentials of each medical professional to ensure they meet the minimum qualifications required to provide medical opinions through the platform.
Limitation of Liability: The platform will not be held liable for any damages resulting from the use of the platform's services or the opinions provided by medical professionals through the platform. The platform will not be responsible for any medical decisions made by patients based on the opinions provided through the platform.
Dispute Resolution: In the event of any dispute arising from the use of the platform's services, the parties agree to attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration in accordance with the rules of the Arbitration of the country of the platform.
Modifications: The platform reserves the right to modify these terms and conditions at any time without prior notice. Any modifications to these terms and conditions will be effective immediately upon posting on the platform's website.
By using the platform's services, the patient acknowledges that they have read, understood, and agree to be bound by these terms and conditions.
Medical Opinions
We provide first and second medical opinions through the Platform. The Medical Experts providing the medical opinions are independent contractors, and we do not employ them.
The medical opinions provided through our Platform are for informational purposes only and should not be considered medical advice.
The healthcare professionals providing the opinions are independent contractors and are not employees or agents of Help Me Doctor S.R.L. .
The Help Me Doctor S.R.L. does not endorse or guarantee the accuracy, completeness, or usefulness of any medical opinion provided through our Platform.
The medical opinions provided through the Platform are based on the information provided by you. You are responsible for ensuring that the information provided is accurate, complete, and up-to-date.
The medical opinions, even including prescriptions, provided through the Platform are not a substitute for professional medical advice, diagnosis, or treatment but are representing a medical opinion. You should always seek the advice of a qualified healthcare professional for any medical condition.
We do not guarantee the accuracy, completeness, or usefulness of any medical opinion provided through the Platform. We are not liable for any loss or damage resulting from your reliance on any medical opinion provided through the Platform.
Medical Record Collection: The platform provides patients with the option to upload their medical records, including test results, medical history, and imaging studies, to the platform. The platform will securely store the patient's medical records for future use.
Platform Communication: The platform provides a secure messaging system that allows patients to communicate with the medical professionals involved in their case. Patients can use the messaging system to ask questions about their medical condition or treatment plan, request additional information, or provide updates on their medical condition.
Appointment Scheduling: If a patient's medical condition requires an in-person consultation, the platform can assist in scheduling the appointment with the medical professional. The platform will communicate the appointment details to the patient via the messaging system.
Follow-up Consultations: Patients who have received a medical opinion through the platform can request follow-up consultations with the medical professional who provided the opinion. The follow-up consultations will be provided at an additional fee, which will be communicated to the patient before the consultation.
The platform's services are designed to provide patients with access to licensed and qualified medical professionals who can provide accurate and reliable medical opinions. Patients can use the platform's services to obtain a first or second medical opinion, consult with a specialist, securely upload and store their medical records, communicate with medical professionals, schedule appointments, and request follow-up consultations
Use of Platform
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old, a valid e-mail and internet access, and have the legal capacity to enter into these Terms.
Patients must provide accurate and complete information when registering for the platform's services.
The Platform is intended solely for the provision of first and second medical opinions. You must not use the Platform for any other purpose.
You must provide accurate, complete, and up-to-date information when using the Platform.
We may suspend or terminate your use of the Platform at any time and for any reason, including if we suspect that you have breached these terms and conditions.
Medical Records: Patients are responsible for providing accurate and complete medical records, including test results, medical history, and imaging studies, when requesting a medical opinion through the platform. Patients must ensure that their medical records are current and up to date.
Communication with Medical Professionals: Patients must communicate with medical professionals through the platform's messaging system. Patients must not disclose their personal contact information, such as their phone number or email address, to medical professionals.
Compliance with Laws: Patients must comply with all applicable laws and regulations when using the platform's services. Patients must not use the platform's services for any illegal or unethical purposes.
Use of Opinions: Patients must use the medical opinions provided through the platform solely for their personal use. Patients must not reproduce, distribute, or sell the medical opinions provided through the platform.
Refunds: The platform will issue refunds for medical opinions that cannot be provided due to a lack of qualified medical professionals or for any other reason. Patients must request refunds within 30 days of the date of the original transaction.
Termination: The platform reserves the right to terminate a patient's account and access to the platform's services at any time for any reason. The platform may also terminate a patient's account if the patient breaches these terms and conditions or if the platform determines that the patient has engaged in any illegal or unethical conduct.
By using the platform's services, patients acknowledge that they have read, understood, and agree to be bound by these terms and conditions. Patients must comply with these terms and conditions when using the platform's services.
Payment
We offer different payment plans for the provision of medical opinions through the Platform. The payment plans are described on the Platform.
Patients must pay the predetermined fee for each medical opinion or specialist consultation requested through the platform. The fee will be communicated to the patient before the transaction is completed.
Payment must be made in advance, and we will not provide any medical opinions until payment has been received.
We use third-party payment processors to process payments made through the Platform. We do not collect or store your payment information, and we are not liable for any loss or damage resulting from the use of the payment processors.
The payment split for this service into the medical honorarium for the opinion delivered is distinguished from that of the platform services such as those due to the digital instrument for the opinion release, without any implication of the platform in the opinion itself.
In order to use the Services, you must select one of the payment plans available on the Platform and provide valid payment information. By selecting a payment plan and providing payment information, you authorize the Company to charge you for the Services.
The Company reserves the right to change the fees and payment plans for the Services at any time, in its sole discretion.
Users must pay for the medical opinions they receive through our Platform. Payment can be made through various payment methods, including credit card, PayPal, or bank transfer accepted from the platform.
Users must provide accurate billing information, including their name, address, and payment information.
Users are responsible for all charges incurred under their account.
Refunds: As already reported the platform will issue refunds for medical opinions that cannot be provided due to a lack of qualified medical professionals or for any other reason. Patients must request refunds within 30 days of the date of the original transaction.
Payment Disputes: If a patient disputes a payment for any reason, the patient must contact the platform's customer service within 14 days of the payment transaction.
Changes to Fees: The platform reserves the right to change the fees for its services at any time. The platform will communicate any changes to fees to patients before the transaction is completed.
Taxes: Patients are responsible for paying any taxes, fees, or other charges that may be imposed by the applicable government or regulatory authority.
User Account
User Account In order to access certain features of our Platform, you may be required to create a user account. To access the platform's services, patients must create an account by providing their personal information, including their name, email address, and other relevant details. Patients must ensure that their account information is accurate and up to date.
You agree to provide accurate, complete, and up-to-date information when you create your user account.
Account Security: Patients are responsible for maintaining the security of their account credentials, including their username and password. Patients must not share their account credentials with any third party. Patients must notify the platform immediately if they suspect that their account has been compromised.
You are responsible for maintaining the confidentiality of your account information, including your username and password.
You are also responsible for all activities that occur under your account.
You must immediately notify us of any unauthorized use of your account or any other breach of security.
Account Termination: The platform reserves the right to terminate a patient's account and access to the platform's services at any time for any reason. The platform may also terminate a patient's account if the patient breaches these terms and conditions or if the platform determines that the patient has engaged in any illegal or unethical conduct.
User Content
You are solely responsible for any content, including personal data and health information, that you upload, transmit, or otherwise make available through the Platform ("User Content").
a. You retain all rights in your User Content, but you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
b. User Content: Patients retain ownership of any content they submit to the platform, including medical records, test results, and other relevant information. However, by submitting content to the platform, patients grant the platform a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, and distribute that content for the purpose of providing the platform's services.
c. License: Patients grant the platform a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, and distribute any content they submit to the platform for the purpose of providing the platform's services.
d. Prohibited Content: Patients must not submit any content that is illegal, defamatory, obscene, or otherwise objectionable. The platform reserves the right to remove any content that violates these terms and conditions.
e. Disclaimer: The platform is not responsible for the accuracy or reliability of any content submitted by patients. Patients use the platform's services at their own risk.
Protection of personal data
a. We collect and process personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) in the European Union.
b. We will only process personal data for the purposes for which it was collected and in accordance with our privacy policy, which is available on the Platform.
c. We implement appropriate technical and organizational measures to ensure the security of personal data processed through the Platform.
d. We will not disclose personal data to any third party without your consent, except as required by law or as necessary to provide the services requested through the Platform.
e. Data Privacy: The platform takes the privacy and security of patient data seriously. Patients' personal information will be collected, processed, and stored in accordance with the platform's privacy policy. The platform will not disclose patients' personal information to third parties without the patient's consent, except as required by law.
f. Communication: Patients may receive communication from the platform, including notifications and updates related to the platform's services, through email or other messaging channels. Patients may opt out of receiving non-essential communication from the platform.
g. Protection of Personal Data:
h. Data Collection: The platform collects and processes personal data about patients to provide its services. Personal data includes information such as patients' names, email addresses, medical records, and other relevant information.
i. Data Processing: The platform processes personal data in accordance with applicable data protection laws. The platform may process personal data for the following purposes: to provide its services to patients, to communicate with patients, to improve its services, and to comply with legal obligations.
j. Data Retention: The platform retains personal data for as long as necessary to provide its services to patients and to comply with legal obligations. The platform will delete personal data when it is no longer necessary for these purposes.
k. Data Security: The platform takes appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. The platform implements appropriate security measures to ensure the confidentiality, integrity, and availability of personal data.
l. Data Sharing: The platform may share personal data with third-party service providers who assist the platform in providing its services. The platform will ensure that such third-party service providers are contractually obligated to process personal data only for the purposes for which the data was shared and to implement appropriate security measures.
m. Data Subject Rights: Patients have certain rights regarding their personal data, including the right to access, correct, or delete their personal data, the right to object to the processing of their personal data and the right to data portability. Patients may exercise these rights by contacting the platform's customer service.
n. Data Breach: In the event of a data breach involving personal data, the platform will notify patients and any relevant authorities in accordance with applicable data protection laws.
o. Privacy Policy: The platform has a privacy policy that provides additional information about how personal data is collected, processed, and shared. The privacy policy is available on the platform's website and is incorporated into these terms and conditions by reference.
Intellectual Property
a. The content and materials on our Platform, including but not limited to text, graphics, images, and logos, and software are owned or licensed by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
b. You may not use, reproduce, modify, or distribute the content or materials on our Platform without our prior written consent.
c. Intellectual Property: Ownership: The platform and all intellectual property rights related to the platform's services, including but not limited to patents, trademarks, and copyrights, are owned by the platform or its licensors.
d. Limited License: Patients are granted a limited, non-exclusive, non-transferable license to use the platform's services for their personal use. Patients must not reproduce, distribute, or sell any content or information provided through the platform without the platform's consent.
e. Trademarks: The platform's trademarks and logos, including but not limited to the platform's name and logo, are owned by the platform and may not be used without the platform's prior written consent.
f. Prohibited Use: Patients must not use any content from the platform for any purpose other than for their personal use in connection with the platform's services. Patients must not reproduce, distribute, modify, or create derivative works from the platform's content without the platform's prior written consent.
g. Copyright Infringement: The platform respects the intellectual property rights of others and expects patients to do the same. If patients believe that their intellectual property rights have been infringed, they may contact the platform's customer service.
Limitation of Liability
Disclaimer of Liability:
The platform does not guarantee the accuracy, completeness, or reliability of any content on the platform, including user-generated content. The platform is not liable for any damages or losses that may arise from a patient's use of the platform's services. The platform is not responsible for the accuracy or reliability of any medical opinions provided through the platform. Patients use the platform's services at their own risk.
B. We are not liable for any indirect, consequential, incidental, special, or punitive damages, or for any loss of profits or revenue, arising out of or in connection with these terms and conditions or the use of the Platform.
C. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
D. To the maximum extent permitted by law, the Company and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Platform, including the medical opinions provided through our Platform.
F. Limitation of Liability: The platform's liability for any damages or losses arising from the patient's use of the platform's services is limited to the amount paid by the patient for the specific service that gave rise to the claim.
E. Limitation of Liability: The platform's liability to patients for any claim arising out of or in connection with these terms and conditions or the platform's services is limited to the amount paid by the patient to the platform in the twelve (12) months preceding the date of the claim.
F. Exclusion of Liability: The platform is not liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with these terms and conditions or the platform's services.
G. Force Majeure: The platform is not liable for any failure to perform its obligations under these terms and conditions if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, and natural disasters.
Disclaimer of Warranties
The platform provides its services on an "as is" and "as available" basis, without any warranty of any kind, either express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or non-infringement.
The platform does not warrant that the services provided will meet patients' requirements or that the operation of the platform will be uninterrupted, timely, secure, or error-free. Patients use the platform's services at their own risk.
The Company does not warrant that our Platform will be uninterrupted, error-free, or free from viruses or other harmful components.
The Company also does not warrant that the medical opinions provided through our Platform will be accurate or suitable for your particular needs.
Termination
We reserve the right to terminate your access to our Platform at any time for any reason without notice to you. Upon termination, you must immediately cease all use of our Platform.
The platform may terminate these terms and conditions and patients' access to the platform's services at any time, with or without cause, by providing written notice to patients.
Termination by Patients: Patients may terminate these terms and conditions at any time by ceasing to use the platform's services.
Effect of Termination: Upon termination of these terms and conditions, patients must immediately cease all use of the platform's services. The provisions of these terms and conditions that by their nature should survive termination shall survive, including but not limited to the provisions regarding intellectual property, limitations of liability, and indemnification.
Suspension: The platform may suspend patients' access to the platform's services at any time if the platform reasonably believes that patients have violated these terms and conditions or any applicable laws or regulations. The platform may also suspend patients' access to the platform's services to investigate suspected fraud or other misconduct.
Right to Injunction: Patients acknowledge that a breach of these terms and conditions may cause irreparable harm to the platform for which monetary damages would not be an adequate remedy. Therefore, in addition to any other remedies available to the platform at law or in equity, the platform shall be entitled to seek injunctive relief to prevent any breach or threatened breach of these terms and conditions.
Survival: The provisions of these terms and conditions that by their nature should survive termination shall survive, including but not limited to the provisions regarding intellectual property, limitations of liability, and indemnification.
Patients may terminate their account with the platform at any time by sending a written notice to the platform's customer support team. The platform may also terminate patients' account or access to the platform's services at any time, with or without notice, in the platform's sole discretion, for any reason or no reason, including without limitation for any breach of these terms and conditions.
Upon termination of patients' account, patients will immediately cease all use of the platform's services. The platform shall have no obligation to maintain any of patients' account information, user content, or other data associated with patients' account after termination. Any provisions of these terms and conditions that by their nature should survive termination shall survive termination, including without limitation provisions related to intellectual property, indemnification, warranties, limitation of liability, and dispute resolution.
Indemnification
a. You agree to indemnify, defend, and hold harmless the platform and its affiliates, officers, directors, employees, agents harmless, and licensors from any and all claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of our Platform, your violation of these Terms, or your violation of this agreement or any rights of another.
b. Patients agree to indemnify and hold the platform and its affiliates, officers, directors, employees, and agents harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or in connection with their use of the platform's services.
c. This indemnification includes but is not limited to:
d. Any violation of these terms and conditions by patients;
e. Any infringement of intellectual property rights or other proprietary rights by patients or any third party using patients' accounts
f. Any claim arising out of patients' use of the platform's services or the content submitted by patients;
g. Any claim arising out of patients' violation of any applicable laws or regulations;
h. Any claim arising out of any transaction or interaction between patients and any third party through the platform's services;
i. Any claim arising out of any breach of patients' representations and warranties set forth in these terms and conditions.
j. Patients agree to cooperate with the platform in the defense of any such claim and to not settle any such claim without the platform's prior written consent. The platform reserves the right to assume the exclusive defense and control of any matter subject to indemnification by patients.
Governing Law and Jurisdiction
Governing Law: These terms and conditions are governed and construed by the laws of the jurisdiction where the platform is registered. Any disputes arising from these terms and conditions will be resolved in the jurisdiction where the platform is registered without giving effect to any principles of conflicts of law. Patients and the platform agree to submit to the personal jurisdiction of the state or federal courts located in the jurisdiction in which the platform is incorporated for the purpose of litigating any dispute arising out of or related to these terms and conditions or the use of the platform's services. Patients waive any objection to jurisdiction and venue in such courts.
This Agreement shall be governed by and construed in accordance with the laws of the country where the Company is incorporated, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in the jurisdiction where the Company is incorporated.
These Terms shall be governed by and construed in accordance with the laws of [Italy], without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these Terms shall be resolved exclusively in the courts located in [Rimini, Italy]. You and the Help Me Doctor S.R.L. consent to the jurisdiction of such courts and waive any objection to venue in such courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms and conditions.
Amendments
a. We reserve the right to modify these Terms at any time in our sole discretion. Any changes to these Terms will be effective immediately upon posting on our Platform. Your continued use of our Platform after the posting of any changes to these Terms constitutes your acceptance of those changes.
b. The platform reserves the right to modify these terms and conditions at any time, with or without notice, by posting the modified terms on the platform's website. Patients are responsible for reviewing the modified terms regularly. Continued use of the platform's services after any such changes shall constitute patients' consent to such changes. If patients do not agree to the modified terms, they must stop using the platform's services.
The platform also reserves the right to modify or discontinue any aspect of the platform's services at any time, with or without notice. The platform shall not be liable to patients or any third party for any modification, suspension, or discontinuance of the platform's services.
Entire Agreement
These terms and conditions, together with our privacy policy and any additional terms to which patients agree when using particular elements of the platform's services, constitute the entire agreement between patients and the platform with respect to the use of the platform's services.
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect
These terms and conditions supersede all prior or contemporaneous communications and proposals, whether oral or written, between patients and the platform with respect to the use of the platform's services.
Dispute Resolution
a. Any dispute, controversy, or claim arising out of or relating to this Terms and Conditions, platform’s services, , or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of arbitration association in the jurisdiction where the platform is incorporated.
b. The arbitration shall take place in the jurisdiction where the Company is incorporated and shall be conducted in the English language.
c. The award rendered by the arbitrator shall be final and binding upon the parties and judgment may be entered upon it in any court having jurisdiction thereof.
d. In the event of any dispute arising out of or relating to these terms and conditions or the use of the platform's services, patients and the platform agree to first attempt to resolve the dispute informally. If the parties cannot resolve the dispute informally, either party may initiate binding arbitration in accordance with the rules of the jurisdiction in which the platform is incorporated.
e. Any such arbitration shall take place in the jurisdiction in which the platform is incorporated, and shall be conducted by a single arbitrator mutually agreed upon by the parties or, failing agreement within thirty (30) days after appointment of an arbitrator, appointed by the arbitration service administering the arbitration. The arbitration shall be conducted in the English language.
f. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive relief in any court having jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights or other proprietary rights.
Both patients and the platform agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Modifications of Terms
Modifications of Terms: The platform reserves the right to modify these terms and conditions at any time, in its sole discretion with or without notice, by posting the modified terms on the platform's website. Patients are responsible for reviewing the modified terms regularly. Continued use of the platform's services after any such changes shall constitute patients' consent to such changes. If patients do not agree to the modified terms, they must stop using the platform's services.
The platform also reserves the right to modify or discontinue any aspect of the platform's services at any time, with or without notice. The platform shall not be liable to patients or any third party for any modification, suspension, or discontinuance of the platform's services.
Severability
a. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
b. If any provision of these terms and conditions is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, such provision shall be severed from these terms and conditions and the remaining provisions shall continue to be valid and enforceable. The platform and patients agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves to the greatest extent possible the intent and economic effect of the severed provision.
Waiver
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by the platform. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Any waiver by the platform of a breach of any provision of these terms and conditions shall not be considered a waiver of any subsequent breach of the same or any other provision. Any failure by the platform to enforce any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. The platform's failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the platform in writing.
Contact Information
a. These terms and conditions are designed to protect the interests of both the Company and our users.
b. We recommend that you review these terms carefully before using our Platform.
c. If you have any concerns or questions about these terms or our Platform, we encourage you to seek the advice of a qualified attorney.
d. If you have any questions about this Agreement or the Platform, please contact us at [Help Me Doctor S.R.L : [email protected]].
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Feedback: Patients may provide feedback to the platform regarding the platform's services. The platform may use such feedback for any purpose without any obligation to the patient.
Notices: All notices related to these terms and conditions must be sent to the platform's registered address or email address as communicated by the platform to the patient.
Contact Information: Patients may contact the platform's customer support team at any time with questions or concerns regarding these terms and conditions or the platform's services by sending an email to [[email protected]]. Any notices or other communications required or permitted to be given under these terms and conditions shall be in writing and delivered by email to the platform at [insert email address] and to patients at the email address associated with their account. The platform's opinion service contact information ( [email protected] ) is also provided on the platform's website.
The platform's mailing address for any legal notices is: [[email protected])] Attn: Legal Department
Patients may send any legal notices to the platform at the above address. Any notices or communications delivered in any other manner will not be deemed to have been properly given.
TERMS AND CONDITIONS
INTRODUCTION
The worldwide company for first and second medical opinions
Scope of Services:
By using the Help Me Doctor S.R.L. platform ("the Platform"), you agree to be bound by these Terms and Conditions. The Platform provides an international platform for 1st and 2nd medical opinions in more than 50 different languages.
User Obligations:
a. You must provide accurate and up-to-date information when using the Platform.
b. You are solely responsible for the content you share on the Platform.
You agree to respect the privacy and confidentiality of other users.
Medical Opinions:
a. The Platform provides access to medical professionals who offer 1st and 2nd medical opinions based on the information provided by the user.
b. The medical opinions provided on the Platform are for informational purposes only and should not replace professional medical advice.
Help Me Doctor S.R.L. acts as a mediator between the user and the medical professionals and does not assume responsibility for the content or actions of the medical professionals. The company is not liable for any damages, claims, or losses arising from the medical opinions provided.
Limitation of Liability:
Help Me Doctor S.R.L. limits its liability to acting as a mediator and intermediary between the user and the medical professionals on the platform.
Help Me Doctor S.R.L. is not responsible for the accuracy, reliability, or completeness of the medical opinions provided on the Platform.
Help Me Doctor S.R.L. is not liable for any direct or indirect damages arising from the use of the Platform.
Help Me Doctor S.R.L. is not liable for any direct or indirect damages, claims, or losses arising from the use of the Platform or the actions of the medical professionals.
Users understand and accept the inherent risks associated with using the Platform, including the potential for unauthorized access to personal data.
Help Me Doctor S.R.L. cannot guarantee the absolute security of personal data transmitted through the internet.
Intellectual Property:
The content on the Platform, including text, graphics, logos, and software, is the property of Help Me Doctor S.R.L. and is protected by copyright and other intellectual property laws.
Users may not reproduce, distribute, or modify the content without prior written permission from Help Me Doctor S.R.L.
User Registration:
Users may be required to create an account or register on the Platform to access certain features and services.
By registering, users agree to provide accurate and complete information and to keep their login credentials confidential.
Medical Professional Qualifications:
Medical professionals providing opinions on the Platform must possess a valid medical license to practice professional medicine.
Help Me Doctor S.R.L. assesses the qualifications and credentials of medical professionals, including verification of their medical license and professional insurance.
Governing Law and Jurisdiction:
These Terms and Conditions are governed by the laws of Italy. Any disputes arising from the use of the Platform shall be subject to the exclusive jurisdiction of the courts of Italy.
TERMS AND CONDITIONS
Definitions
We can define the platform for releasing 1st and 2nd medical opinions as a web-based service that connects patients with medical professionals to obtain a medical diagnosis and other indications useful to solve an healthcare problem or a second opinion on their medical condition
These terms and conditions ("Agreement") constitute a legally binding agreement between you ("User" or "you") and [Help Me Doctor S.R.L a company incorporated in Italy].
"Platform" refers to the online platform- helpme.doctor- through which we provide first and second medical opinions; ("Help Me Doctor S.R.L.", "we", "us" or "our"), governing your access and use of the services offered through the [helpme.doctor] platform (the "Platform").
"User", "you" and "your" refer to any individual or entity that uses the Platform;
"Medical Expert" refers to the medical professional providing the medical opinion through the Platform.
By using the Platform, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Platform.
Description of Services
The Platform provides users with access to first and second medical opinions from licensed and qualified healthcare professionals ("Services"). The healthcare professionals may include physicians, nurses, and other healthcare providers . Second Medical Opinion: The platform also offers patients the option to obtain a second medical opinion from a different licensed and qualified medical professional. The second medical opinion can be requested for the same medical condition that was previously diagnosed by another medical professional or for a new medical condition.
The Services are provided through different payment plans, which are detailed on the Platform.
Fees: The platform will charge a predetermined fee for each 1st or 2nd medical opinion requested by the patient. The fee will vary depending on the payment plan chosen ( clearly indicated in the platform) and the modalities of the opinion release, if undirect or person-to-person; in this last modality, the fee and the time for scheduling the medical opinion vary depending on the consultant.
Payment for the service will be processed via the platform's payment gateway, which supports major credit cards and PayPal.
The opinions provided by the healthcare professionals are solely their own and are not endorsed by the Company.
Patients will submit their medical records to the platform, including test results, medical history, and any relevant imaging studies. The medical professional will review the patient's records and provide an opinion based on the available information.
Privacy and Confidentiality: The platform will ensure the privacy and confidentiality of the patient's medical records and personal information. All medical professionals involved in the patient's case will be bound by the platform's privacy policy and are required to maintain the confidentiality of the patient's information.
Medical Professional Qualification: All medical professionals involved in providing 1st or 2nd medical opinions through the platform will be licensed and qualified in their respective medical fields. The platform will verify the credentials of each medical professional to ensure they meet the minimum qualifications required to provide medical opinions through the platform.
Limitation of Liability: The platform will not be held liable for any damages resulting from the use of the platform's services or the opinions provided by medical professionals through the platform. The platform will not be responsible for any medical decisions made by patients based on the opinions provided through the platform.
Dispute Resolution: In the event of any dispute arising from the use of the platform's services, the parties agree to attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration in accordance with the rules of the Arbitration of the country of the platform.
Modifications: The platform reserves the right to modify these terms and conditions at any time without prior notice. Any modifications to these terms and conditions will be effective immediately upon posting on the platform's website.
By using the platform's services, the patient acknowledges that they have read, understood, and agree to be bound by these terms and conditions.
Medical Opinions
We provide first and second medical opinions through the Platform. The Medical Experts providing the medical opinions are independent contractors, and we do not employ them.
The medical opinions provided through our Platform are for informational purposes only and should not be considered medical advice.
The healthcare professionals providing the opinions are independent contractors and are not employees or agents of Help Me Doctor S.R.L. .
The Help Me Doctor S.R.L. does not endorse or guarantee the accuracy, completeness, or usefulness of any medical opinion provided through our Platform.
The medical opinions provided through the Platform are based on the information provided by you. You are responsible for ensuring that the information provided is accurate, complete, and up-to-date.
The medical opinions, even including prescriptions, provided through the Platform are not a substitute for professional medical advice, diagnosis, or treatment but are representing a medical opinion. You should always seek the advice of a qualified healthcare professional for any medical condition.
We do not guarantee the accuracy, completeness, or usefulness of any medical opinion provided through the Platform. We are not liable for any loss or damage resulting from your reliance on any medical opinion provided through the Platform.
Medical Record Collection: The platform provides patients with the option to upload their medical records, including test results, medical history, and imaging studies, to the platform. The platform will securely store the patient's medical records for future use.
Platform Communication: The platform provides a secure messaging system that allows patients to communicate with the medical professionals involved in their case. Patients can use the messaging system to ask questions about their medical condition or treatment plan, request additional information, or provide updates on their medical condition.
Appointment Scheduling: If a patient's medical condition requires an in-person consultation, the platform can assist in scheduling the appointment with the medical professional. The platform will communicate the appointment details to the patient via the messaging system.
Follow-up Consultations: Patients who have received a medical opinion through the platform can request follow-up consultations with the medical professional who provided the opinion. The follow-up consultations will be provided at an additional fee, which will be communicated to the patient before the consultation.
The platform's services are designed to provide patients with access to licensed and qualified medical professionals who can provide accurate and reliable medical opinions. Patients can use the platform's services to obtain a first or second medical opinion, consult with a specialist, securely upload and store their medical records, communicate with medical professionals, schedule appointments, and request follow-up consultations
Use of Platform
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old, a valid e-mail and internet access, and have the legal capacity to enter into these Terms.
Patients must provide accurate and complete information when registering for the platform's services.
The Platform is intended solely for the provision of first and second medical opinions. You must not use the Platform for any other purpose.
You must provide accurate, complete, and up-to-date information when using the Platform.
We may suspend or terminate your use of the Platform at any time and for any reason, including if we suspect that you have breached these terms and conditions.
Medical Records: Patients are responsible for providing accurate and complete medical records, including test results, medical history, and imaging studies, when requesting a medical opinion through the platform. Patients must ensure that their medical records are current and up to date.
Communication with Medical Professionals: Patients must communicate with medical professionals through the platform's messaging system. Patients must not disclose their personal contact information, such as their phone number or email address, to medical professionals.
Compliance with Laws: Patients must comply with all applicable laws and regulations when using the platform's services. Patients must not use the platform's services for any illegal or unethical purposes.
Use of Opinions: Patients must use the medical opinions provided through the platform solely for their personal use. Patients must not reproduce, distribute, or sell the medical opinions provided through the platform.
Refunds: The platform will issue refunds for medical opinions that cannot be provided due to a lack of qualified medical professionals or for any other reason. Patients must request refunds within 30 days of the date of the original transaction.
Termination: The platform reserves the right to terminate a patient's account and access to the platform's services at any time for any reason. The platform may also terminate a patient's account if the patient breaches these terms and conditions or if the platform determines that the patient has engaged in any illegal or unethical conduct.
By using the platform's services, patients acknowledge that they have read, understood, and agree to be bound by these terms and conditions. Patients must comply with these terms and conditions when using the platform's services.
Payment
We offer different payment plans for the provision of medical opinions through the Platform. The payment plans are described on the Platform.
Patients must pay the predetermined fee for each medical opinion or specialist consultation requested through the platform. The fee will be communicated to the patient before the transaction is completed.
Payment must be made in advance, and we will not provide any medical opinions until payment has been received.
We use third-party payment processors to process payments made through the Platform. We do not collect or store your payment information, and we are not liable for any loss or damage resulting from the use of the payment processors.
The payment split for this service into the medical honorarium for the opinion delivered is distinguished from that of the platform services such as those due to the digital instrument for the opinion release, without any implication of the platform in the opinion itself.
In order to use the Services, you must select one of the payment plans available on the Platform and provide valid payment information. By selecting a payment plan and providing payment information, you authorize the Company to charge you for the Services.
The Company reserves the right to change the fees and payment plans for the Services at any time, in its sole discretion.
Users must pay for the medical opinions they receive through our Platform. Payment can be made through various payment methods, including credit card, PayPal, or bank transfer accepted from the platform.
Users must provide accurate billing information, including their name, address, and payment information.
Users are responsible for all charges incurred under their account.
Refunds: As already reported the platform will issue refunds for medical opinions that cannot be provided due to a lack of qualified medical professionals or for any other reason. Patients must request refunds within 30 days of the date of the original transaction.
Payment Disputes: If a patient disputes a payment for any reason, the patient must contact the platform's customer service within 14 days of the payment transaction.
Changes to Fees: The platform reserves the right to change the fees for its services at any time. The platform will communicate any changes to fees to patients before the transaction is completed.
Taxes: Patients are responsible for paying any taxes, fees, or other charges that may be imposed by the applicable government or regulatory authority.
User Account
User Account In order to access certain features of our Platform, you may be required to create a user account. To access the platform's services, patients must create an account by providing their personal information, including their name, email address, and other relevant details. Patients must ensure that their account information is accurate and up to date.
You agree to provide accurate, complete, and up-to-date information when you create your user account.
Account Security: Patients are responsible for maintaining the security of their account credentials, including their username and password. Patients must not share their account credentials with any third party. Patients must notify the platform immediately if they suspect that their account has been compromised.
You are responsible for maintaining the confidentiality of your account information, including your username and password.
You are also responsible for all activities that occur under your account.
You must immediately notify us of any unauthorized use of your account or any other breach of security.
Account Termination: The platform reserves the right to terminate a patient's account and access to the platform's services at any time for any reason. The platform may also terminate a patient's account if the patient breaches these terms and conditions or if the platform determines that the patient has engaged in any illegal or unethical conduct.
User Content
You are solely responsible for any content, including personal data and health information, that you upload, transmit, or otherwise make available through the Platform ("User Content").
a. You retain all rights in your User Content, but you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
b. User Content: Patients retain ownership of any content they submit to the platform, including medical records, test results, and other relevant information. However, by submitting content to the platform, patients grant the platform a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, and distribute that content for the purpose of providing the platform's services.
c. License: Patients grant the platform a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, and distribute any content they submit to the platform for the purpose of providing the platform's services.
d. Prohibited Content: Patients must not submit any content that is illegal, defamatory, obscene, or otherwise objectionable. The platform reserves the right to remove any content that violates these terms and conditions.
e. Disclaimer: The platform is not responsible for the accuracy or reliability of any content submitted by patients. Patients use the platform's services at their own risk.
Protection of personal data
a. We collect and process personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) in the European Union.
b. We will only process personal data for the purposes for which it was collected and in accordance with our privacy policy, which is available on the Platform.
c. We implement appropriate technical and organizational measures to ensure the security of personal data processed through the Platform.
d. We will not disclose personal data to any third party without your consent, except as required by law or as necessary to provide the services requested through the Platform.
e. Data Privacy: The platform takes the privacy and security of patient data seriously. Patients' personal information will be collected, processed, and stored in accordance with the platform's privacy policy. The platform will not disclose patients' personal information to third parties without the patient's consent, except as required by law.
f. Communication: Patients may receive communication from the platform, including notifications and updates related to the platform's services, through email or other messaging channels. Patients may opt out of receiving non-essential communication from the platform.
g. Protection of Personal Data:
h. Data Collection: The platform collects and processes personal data about patients to provide its services. Personal data includes information such as patients' names, email addresses, medical records, and other relevant information.
i. Data Processing: The platform processes personal data in accordance with applicable data protection laws. The platform may process personal data for the following purposes: to provide its services to patients, to communicate with patients, to improve its services, and to comply with legal obligations.
j. Data Retention: The platform retains personal data for as long as necessary to provide its services to patients and to comply with legal obligations. The platform will delete personal data when it is no longer necessary for these purposes.
k. Data Security: The platform takes appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. The platform implements appropriate security measures to ensure the confidentiality, integrity, and availability of personal data.
l. Data Sharing: The platform may share personal data with third-party service providers who assist the platform in providing its services. The platform will ensure that such third-party service providers are contractually obligated to process personal data only for the purposes for which the data was shared and to implement appropriate security measures.
m. Data Subject Rights: Patients have certain rights regarding their personal data, including the right to access, correct, or delete their personal data, the right to object to the processing of their personal data and the right to data portability. Patients may exercise these rights by contacting the platform's customer service.
n. Data Breach: In the event of a data breach involving personal data, the platform will notify patients and any relevant authorities in accordance with applicable data protection laws.
o. Privacy Policy: The platform has a privacy policy that provides additional information about how personal data is collected, processed, and shared. The privacy policy is available on the platform's website and is incorporated into these terms and conditions by reference.
Intellectual Property
a. The content and materials on our Platform, including but not limited to text, graphics, images, and logos, and software are owned or licensed by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
b. You may not use, reproduce, modify, or distribute the content or materials on our Platform without our prior written consent.
c. Intellectual Property: Ownership: The platform and all intellectual property rights related to the platform's services, including but not limited to patents, trademarks, and copyrights, are owned by the platform or its licensors.
d. Limited License: Patients are granted a limited, non-exclusive, non-transferable license to use the platform's services for their personal use. Patients must not reproduce, distribute, or sell any content or information provided through the platform without the platform's consent.
e. Trademarks: The platform's trademarks and logos, including but not limited to the platform's name and logo, are owned by the platform and may not be used without the platform's prior written consent.
f. Prohibited Use: Patients must not use any content from the platform for any purpose other than for their personal use in connection with the platform's services. Patients must not reproduce, distribute, modify, or create derivative works from the platform's content without the platform's prior written consent.
g. Copyright Infringement: The platform respects the intellectual property rights of others and expects patients to do the same. If patients believe that their intellectual property rights have been infringed, they may contact the platform's customer service.
Limitation of Liability
Disclaimer of Liability:
The platform does not guarantee the accuracy, completeness, or reliability of any content on the platform, including user-generated content. The platform is not liable for any damages or losses that may arise from a patient's use of the platform's services. The platform is not responsible for the accuracy or reliability of any medical opinions provided through the platform. Patients use the platform's services at their own risk.
B. We are not liable for any indirect, consequential, incidental, special, or punitive damages, or for any loss of profits or revenue, arising out of or in connection with these terms and conditions or the use of the Platform.
C. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
D. To the maximum extent permitted by law, the Company and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Platform, including the medical opinions provided through our Platform.
F. Limitation of Liability: The platform's liability for any damages or losses arising from the patient's use of the platform's services is limited to the amount paid by the patient for the specific service that gave rise to the claim.
E. Limitation of Liability: The platform's liability to patients for any claim arising out of or in connection with these terms and conditions or the platform's services is limited to the amount paid by the patient to the platform in the twelve (12) months preceding the date of the claim.
F. Exclusion of Liability: The platform is not liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with these terms and conditions or the platform's services.
G. Force Majeure: The platform is not liable for any failure to perform its obligations under these terms and conditions if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, and natural disasters.
Disclaimer of Warranties
The platform provides its services on an "as is" and "as available" basis, without any warranty of any kind, either express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or non-infringement.
The platform does not warrant that the services provided will meet patients' requirements or that the operation of the platform will be uninterrupted, timely, secure, or error-free. Patients use the platform's services at their own risk.
The Company does not warrant that our Platform will be uninterrupted, error-free, or free from viruses or other harmful components.
The Company also does not warrant that the medical opinions provided through our Platform will be accurate or suitable for your particular needs.
Termination
We reserve the right to terminate your access to our Platform at any time for any reason without notice to you. Upon termination, you must immediately cease all use of our Platform.
The platform may terminate these terms and conditions and patients' access to the platform's services at any time, with or without cause, by providing written notice to patients.
Termination by Patients: Patients may terminate these terms and conditions at any time by ceasing to use the platform's services.
Effect of Termination: Upon termination of these terms and conditions, patients must immediately cease all use of the platform's services. The provisions of these terms and conditions that by their nature should survive termination shall survive, including but not limited to the provisions regarding intellectual property, limitations of liability, and indemnification.
Suspension: The platform may suspend patients' access to the platform's services at any time if the platform reasonably believes that patients have violated these terms and conditions or any applicable laws or regulations. The platform may also suspend patients' access to the platform's services to investigate suspected fraud or other misconduct.
Right to Injunction: Patients acknowledge that a breach of these terms and conditions may cause irreparable harm to the platform for which monetary damages would not be an adequate remedy. Therefore, in addition to any other remedies available to the platform at law or in equity, the platform shall be entitled to seek injunctive relief to prevent any breach or threatened breach of these terms and conditions.
Survival: The provisions of these terms and conditions that by their nature should survive termination shall survive, including but not limited to the provisions regarding intellectual property, limitations of liability, and indemnification.
Patients may terminate their account with the platform at any time by sending a written notice to the platform's customer support team. The platform may also terminate patients' account or access to the platform's services at any time, with or without notice, in the platform's sole discretion, for any reason or no reason, including without limitation for any breach of these terms and conditions.
Upon termination of patients' account, patients will immediately cease all use of the platform's services. The platform shall have no obligation to maintain any of patients' account information, user content, or other data associated with patients' account after termination. Any provisions of these terms and conditions that by their nature should survive termination shall survive termination, including without limitation provisions related to intellectual property, indemnification, warranties, limitation of liability, and dispute resolution.
Indemnification
a. You agree to indemnify, defend, and hold harmless the platform and its affiliates, officers, directors, employees, agents harmless, and licensors from any and all claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of our Platform, your violation of these Terms, or your violation of this agreement or any rights of another.
b. Patients agree to indemnify and hold the platform and its affiliates, officers, directors, employees, and agents harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or in connection with their use of the platform's services.
c. This indemnification includes but is not limited to:
d. Any violation of these terms and conditions by patients;
e. Any infringement of intellectual property rights or other proprietary rights by patients or any third party using patients' accounts
f. Any claim arising out of patients' use of the platform's services or the content submitted by patients;
g. Any claim arising out of patients' violation of any applicable laws or regulations;
h. Any claim arising out of any transaction or interaction between patients and any third party through the platform's services;
i. Any claim arising out of any breach of patients' representations and warranties set forth in these terms and conditions.
j. Patients agree to cooperate with the platform in the defense of any such claim and to not settle any such claim without the platform's prior written consent. The platform reserves the right to assume the exclusive defense and control of any matter subject to indemnification by patients.
Governing Law and Jurisdiction
Governing Law: These terms and conditions are governed and construed by the laws of the jurisdiction where the platform is registered. Any disputes arising from these terms and conditions will be resolved in the jurisdiction where the platform is registered without giving effect to any principles of conflicts of law. Patients and the platform agree to submit to the personal jurisdiction of the state or federal courts located in the jurisdiction in which the platform is incorporated for the purpose of litigating any dispute arising out of or related to these terms and conditions or the use of the platform's services. Patients waive any objection to jurisdiction and venue in such courts.
This Agreement shall be governed by and construed in accordance with the laws of the country where the Company is incorporated, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in the jurisdiction where the Company is incorporated.
These Terms shall be governed by and construed in accordance with the laws of [Italy], without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these Terms shall be resolved exclusively in the courts located in [Rimini, Italy]. You and the Help Me Doctor S.R.L. consent to the jurisdiction of such courts and waive any objection to venue in such courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms and conditions.
Amendments
a. We reserve the right to modify these Terms at any time in our sole discretion. Any changes to these Terms will be effective immediately upon posting on our Platform. Your continued use of our Platform after the posting of any changes to these Terms constitutes your acceptance of those changes.
b. The platform reserves the right to modify these terms and conditions at any time, with or without notice, by posting the modified terms on the platform's website. Patients are responsible for reviewing the modified terms regularly. Continued use of the platform's services after any such changes shall constitute patients' consent to such changes. If patients do not agree to the modified terms, they must stop using the platform's services.
The platform also reserves the right to modify or discontinue any aspect of the platform's services at any time, with or without notice. The platform shall not be liable to patients or any third party for any modification, suspension, or discontinuance of the platform's services.
Entire Agreement
These terms and conditions, together with our privacy policy and any additional terms to which patients agree when using particular elements of the platform's services, constitute the entire agreement between patients and the platform with respect to the use of the platform's services.
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect
These terms and conditions supersede all prior or contemporaneous communications and proposals, whether oral or written, between patients and the platform with respect to the use of the platform's services.
Dispute Resolution
a. Any dispute, controversy, or claim arising out of or relating to this Terms and Conditions, platform’s services, , or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of arbitration association in the jurisdiction where the platform is incorporated.
b. The arbitration shall take place in the jurisdiction where the Company is incorporated and shall be conducted in the English language.
c. The award rendered by the arbitrator shall be final and binding upon the parties and judgment may be entered upon it in any court having jurisdiction thereof.
d. In the event of any dispute arising out of or relating to these terms and conditions or the use of the platform's services, patients and the platform agree to first attempt to resolve the dispute informally. If the parties cannot resolve the dispute informally, either party may initiate binding arbitration in accordance with the rules of the jurisdiction in which the platform is incorporated.
e. Any such arbitration shall take place in the jurisdiction in which the platform is incorporated, and shall be conducted by a single arbitrator mutually agreed upon by the parties or, failing agreement within thirty (30) days after appointment of an arbitrator, appointed by the arbitration service administering the arbitration. The arbitration shall be conducted in the English language.
f. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive relief in any court having jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights or other proprietary rights.
Both patients and the platform agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Modifications of Terms
Modifications of Terms: The platform reserves the right to modify these terms and conditions at any time, in its sole discretion with or without notice, by posting the modified terms on the platform's website. Patients are responsible for reviewing the modified terms regularly. Continued use of the platform's services after any such changes shall constitute patients' consent to such changes. If patients do not agree to the modified terms, they must stop using the platform's services.
The platform also reserves the right to modify or discontinue any aspect of the platform's services at any time, with or without notice. The platform shall not be liable to patients or any third party for any modification, suspension, or discontinuance of the platform's services.
Severability
a. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
b. If any provision of these terms and conditions is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, such provision shall be severed from these terms and conditions and the remaining provisions shall continue to be valid and enforceable. The platform and patients agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves to the greatest extent possible the intent and economic effect of the severed provision.
Waiver
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by the platform. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Any waiver by the platform of a breach of any provision of these terms and conditions shall not be considered a waiver of any subsequent breach of the same or any other provision. Any failure by the platform to enforce any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. The platform's failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the platform in writing.
Contact Information
a. These terms and conditions are designed to protect the interests of both the Company and our users.
b. We recommend that you review these terms carefully before using our Platform.
c. If you have any concerns or questions about these terms or our Platform, we encourage you to seek the advice of a qualified attorney.
d. If you have any questions about this Agreement or the Platform, please contact us at [Help Me Doctor S.R.L : [email protected]].
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Feedback: Patients may provide feedback to the platform regarding the platform's services. The platform may use such feedback for any purpose without any obligation to the patient.
Notices: All notices related to these terms and conditions must be sent to the platform's registered address or email address as communicated by the platform to the patient.
Contact Information: Patients may contact the platform's customer support team at any time with questions or concerns regarding these terms and conditions or the platform's services by sending an email to [[email protected]]. Any notices or other communications required or permitted to be given under these terms and conditions shall be in writing and delivered by email to the platform at [insert email address] and to patients at the email address associated with their account. The platform's opinion service contact information ( [email protected] ) is also provided on the platform's website.
The platform's mailing address for any legal notices is: [[email protected])] Attn: Legal Department
Patients may send any legal notices to the platform at the above address. Any notices or communications delivered in any other manner will not be deemed to have been properly given.