PLEASE READ THESE USER TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY AMONGDOCTORS.COM (“AMONGDOCTORS” OR “US” OR “WE”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR (“YOU” OR “YOUR” OR “USER”) USE OF THE WWW.AMONGDOCTORS.COM WEBSITE AND DOMAIN NAME (“SITE”), AND ANY SUBDOMAINS, FEATURES, CONTENT, OR APPLICATIONS OFFERED BY US, YOU AND THIRD PARTIES(COLLECTIVELY, THE “SERVICE”). THE SERVICE IS INTENDED FOR USE ONLY BY LICENSED PHYSICIANS. BY USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FOR CLARITY, THESE TERMS and CONDITIONS APPLY TO ALL USERS OF THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
AmongDoctors hopes that you will find the Service useful but reminds you that the Service is not meant to serve as a substitute for your own professional medical judgment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan based upon any Content (as defined below in clause 4). AmongDoctors encourages you to confirm the information made available or otherwise obtained through the Service with other reliable sources before undertaking any treatment based on such Content.
- Use of this Service
1.1 Use of the Service includes accessing, browsing, posting to, or registering to use the Service.
1.2. By using our Service, you confirm that you accept all of these Terms and Conditions and that you agree to comply with them and all other operating rules, policies and procedures that may be published from time to time on the Site by AmongDoctors.
1.3. If you do not agree to these Terms and Conditions, you must not use the Service.
1.4. You represent and warrant that (a) you are a physician, (b) all registration information you submit is accurate and truthful, and (c) your use of the Service does not violate any applicable law or regulation.
1.5. We reserve the right to refuse access to, or registration for, the Service to anyone without providing a reason.
1.6. We reserve the right at any time to add to, change or delete from the Service any service or functionality as may exist from time to time.
2.1. Subject to these Terms and Conditions, the Service is open to all Physicians from anywhere in the world.
2.2. Access to, and use of, any sections of the Service is conditional upon registration as a member of the AmongDoctors community and on you meeting certain criteria (see clause 5 below). AmongDoctors reserves the right, at its discretion, to change any criteria from time to time.
2.3. Physicians who are not fully registered with a recognized medical regulatory body, will be denied access to the Service.
3.1.Registration applications can be either ad hoc/spontaneous or through an invitation by an existing registered user. All applications are considered, though the ones originated by invitations have priority.
3.2. As a condition to using the Service, you will be required to register with AmongDoctors using your email address and password chosen by you (collectively, your “AmongDoctors User ID”). You shall provide AmongDoctors with accurate, complete, and updated registration information. AmongDoctors reserves the right to refuse registration of, or cancel a AmongDoctors User ID in its sole discretion. You are solely responsible for all activity that occurs under your AmongDoctors User ID and shall be responsible for maintaining the confidentiality of your password. You shall never use another UserÕs account or allow any third party to use yours. You will immediately notify AmongDoctors in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You grant us the right to transmit, monitor, retrieve, store, and use your AmongDoctors User ID and related registration information in connection with the operation of the Service for the effective & efficient operation of the Site.
3.3. Registration to the Site is free of charge. We try to ensure that the Service availability is uninterrupted and that transmissions will be error-free. However, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice, including to allow for repairs, maintenance, or the introduction of new facilities or services. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. We, of course, try to limit the frequency and duration of any suspension or restriction. We make no assurance that the Service will continue to be available in the future.
- AmongDoctors Content
4.1. The term “Content” includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written discussion comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by AmongDoctors, its content providers or other partners, or other Users on or through the Service including all User Submissions (as defined below in clause 6).
4.2. You agree that the Service contains Content specifically provided by AmongDoctors or its partners, and that as between the parties such Content (except for User Submissions provided by you) is the property of AmongDoctors and is protected under international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any such Content. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the express written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may print or download a single copy of the Content from the Site solely for personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
4.3. AmongDoctors reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if AmongDoctors is concerned that you may have violated the Terms and Conditions).
- Types of Users
5.1. All functionalities/sections of the Service are restricted and are only accessible to “Registered Users”. For instance, to post any content to the Service or post a comment, you have to be a “Registered User” of the AmongDoctors community – see 5.2.1 below.
5.2. There are two types of Service users: (i) (i) Registered Users and (ii) Unregistered Users (“Visitors”):
5.2.1. Registered Users
To become a Registered User, one is required to provide the following verification details:
(a) details of registration with recognized medical regulatory bodies (e.g., GMC in the UK, medical license number in US etc)
(b) work details, such as location and specialty
(c) any other relevant information we might request in order to complete the verification process. (e.g. copies of medical qualifications, service postal address, job title, telephone number etc)
5.2.3. Unregistered Users
Unregistered Users are users of the Service who are not registered. Unregistered Users have no access to the site.
5.3. If you are Unregistered user and apply to become a Registered User, we reserve the right to ask for proof of your qualification as a Physician. Additionally, if our verification process reveals that you are not fully registered with a recognized medical regulatory body, the request to become a Registered User will be denied. In the event that your registration with a relevant medical regulatory body for doctors is subsequently revoked, your rights to continue to access and use the Service as a Registered User will cease.
5.4. While we take steps to authenticate Physicians qualifications we cannot guarantee that every Registered User on the Service is indeed qualified or a registered practicing doctor.
- User Submissions
The Site provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written discussion comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Site (the “User Submissions”). You own all rights, title and interests in and to all User Submissions provided by you (including, without limitation, any submissions as part of any “Questions”, “Share” features). Please note, however, this excludes any responses by other users or by us to the content you have posted.
Such User Submissions provided by you, are non-confidential and are the property of the originating User. By posting User Submissions on the Site or otherwise through the Service:
6.1. You hereby do and shall grant AmongDoctors a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Site, the Service and AmongDoctors (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each User of the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to Use such User Submissions as permitted through the functionality of the Site and the Service and under these Terms and Conditions. For clarity, the foregoing license grant to AmongDoctors does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
6.2. You represent and warrant: that you own or otherwise control all rights to post such User Submissions and that disclosure and Use of such User Submissions by AmongDoctors (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity;
6.3. You understand that AmongDoctors shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; and that AmongDoctors cannot guarantee the identity of or the authenticity of any data posted by any other Users with whom you may interact in the course of using the Service.
6.4. Your User Submissions will not contain any personally identifiable information with respect to any patient or other third party. In particular, you must remove any information that would associate your submission with a specific patient or individual. In countries where health and patient privacy laws apply, the use of de-identified health information is allowed, so long as identifiers have been removed and a key is not disclosed that would allow the information to be re-identified. You will not disclose to AmongDoctors a key to re-identify any patient data.
6.5. You shall not post any User Submissions that contain misleading, false, or inappropriate language or statements.
6.6. AmongDoctors does not endorse any User Submissions. AmongDoctors has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. AmongDoctors may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all. AmongDoctors will consider requests to remove User Submissions on a case-by-case basis once we are contacted by the User.
6.7. Under no circumstances will AmongDoctors be responsible or liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service.
6.8. You warrant that any contribution you make to the Service (including comment, discussion or article post) complies with these User Terms and Conditions, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage AmongDoctors suffers as a result of your breach of warranty (see also clause 15.3).
6.9. We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
6.10. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the User Conduct section of these terms and conditions (clause 8) or we otherwise deem to be inappropriate for the Service.
6.11. The views expressed by other users on the Service do not represent AmongDoctors views or values.
6.12. We reserve the right to remove material you post without notice from the Service and from any discussion, and AmongDoctors does not warrant that it will keep or continue to make available any material that you have posted to this site or to any discussion for any length of time, and you are advised to make a copy of any message or material you wish to retain.
- Links to or from other party sites
7.1. The Site may permit you to link to other websites or resources on the Internet. When you access a third party website, you do so at your own risk. These other websites are not under AmongDoctors’ control, and you acknowledge that AmongDoctors is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any content, goods or services available on or through any such website or resource. The inclusion of any such link does not imply endorsement by AmongDoctors or any association with its operators.
7.2. By clicking the LinkedIn connect and/or any other third party social networking connection indicated within AmongDoctors, users agree to import profile information located in that specific social network. Details of AmongDoctors users posts & personas, are not used with their LinkedIn friends and/or other third party social networking followers.
7.3. You may provide a hyper-link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.4. You must not provide or establish a link or connection between our site and any other Service in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.5. You must not establish a link to our Service in any Service that is not owned by you.
7.6. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
7.7. The Service in which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.
7.8. You must not deep link to any of our Services without our agreement in writing unless this is stated on our relevant site as being acceptable by us to do so.
7.9. We reserve the right to withdraw any linking permission without notice to you including by amending these User Terms and Conditions.
7.10. Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only.
7.11. We are not responsible for any Service which is not owned and controlled by AMONGDOCTORS, and in all cases (including other AmongDoctors Services) such Services use will be subject to the relevant terms and conditions and privacy policies.
- User Conduct
Whenever you use the Service, or make contact with other users of our site, you must comply with the User Conduct section of these User Terms and Conditions.
8.1. You understand that the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted by you, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
8.2. You are responsible for the accuracy and completeness of material which is posted to the Service. You may use the Service to post comments, messages, and material that are original or for which you have permission to use on the Service.
8.3. You may use the Service of lawful purposes only.
8.4. You may only use the Service in a professional and ethical manner.
8.5. You may not use our site:
8.5.1. in any way that breaches any applicable local, national or international law or regulation;
8.5.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.5.3. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or the Service; or
8.5.4. to do anything which may impair or overburden the Service.
8.6. You also agree not to access without authority, interfere with, damage or disrupt: any part of our site; any network on which our site is stored; any software used in the provision of our site; or any network or software owned or used by any third party.
8.7. Without limiting the generality of the foregoing, you shall not do any of the following:
8.7.1. upload or share any photographs or other material in any media other than original works that are created by you or for which you have permission to use on the Service;
8.7.2. post chain letters of any type, or post files to discussions not specifically maintained for that purpose; or post any content or communication that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
8.7.3. include any content of any kind (including text) or upload files that contain software or other material protected by any intellectual property laws or by rights of data protection, confidentiality, privacy, or publicity (where applicable) unless you own or control the rights thereto, or have received all necessary consents, or otherwise violate the legal rights of any third party (such as rights of publicity privacy, and the data protection and confidentiality rights of patients) please see our guidance on patient confidentiality in the FAQ section and clause 14 below;
8.7.4. knowingly receive, upload, download, use or re-use any material which could be deemed to defame, abuse, offend, harass, stalk, threaten, or which contains swearing or is sexually explicit, pornographic or obscene or is unlawful, libelous, deceptive, fraudulent or invasive of another’s privacy
8.7.5. upload, post, transmit, distribute, disseminate (including linking to) or store content or material that is offensive, or racially, ethnically, or sexually offensive or abusive, or act fraudulently, or create any groups to communicate any of the foregoing;
8.7.6. delete any author attributions, legal notices or proprietary designations, or labels in any file that is uploaded;
8.7.7. publish any content which depicts graphical gratuitous violence, make threats of any kind that intimidates, harasses or bullies another user or group of users;
8.7.8. advertise, promote or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters or create groups to discuss commercial purposes without prior written agreement. Please note we may, at our discretion, ask for any declaration of competing interests to be completed should we have any concerns around possible commercial promotions or, should we suspect this, we may remove any such content at our discretion;
8.7.9. attempt to circumvent any content filtering techniques that we may employ now or in the future;
8.7.10. include links or deep links to any Service you are not authorized to link into absolute;
8.7.11. falsify the origin or source of any content or other material (including software contained in a file that is uploaded);
8.7.12. impersonate any personal entity or falsely represent yourself, your age, or affiliation with any other person or entity to AmongDoctors or others;
8.7.13. register anyone other than yourself including registering on behalf of any group or entity;
8.7.14. collect email addresses or other content information from users of the Service for any purpose including for the purposes of sending unsolicited emails or communications;
8.7.15. fail to respect other UsersÕ privacy or that of any third party and disclose on the Service any information of a personal nature of any third party including the name, address, telephone numbers, or email addresses, and/or other personal information without the prior written consent of that person;
8.7.16. upload, post, transmit, share, store, or otherwise make available any content that would constitute, encourage, or provide instructions for a criminal offence or violate any law;
8.7.18. use the Service to obtain personal medical advice for yourself, your family, or your friends;
8.7.19. upload, post, transmit, share, store or otherwise make available any content which, in the sole judgment of AmongDoctors, is objectionable or restricts or inhibits any person from using or enjoying the Service, or which may expose the Service or its user to harm the liability of any kind howsoever.
8.8. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by AmongDoctors in its sole discretion) an unreasonable or disproportionately large load on AmongDoctorsÕ (or its third party providersÕ) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures AmongDoctors may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
9.1. Although we are doing our best to keep the Service secure or free from bugs or viruses, we do not guarantee it will be so at all times in the future.
9.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- Intellectual property rights of the rest of the Service
10.1. Unless otherwise stated, AmongDoctors or its licensors (which may include users of the Service) is the owner or the licensee of all intellectual property rights in the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
10.3. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Service is accurate, complete or up-to-date.
10.4. Unless expressly permitted in writing herein or in a subsequent license agreement and other than printing a very small proportion of content (such as a single discussion thread on one topic) or displaying this on your screen or both, (strictly for your personal, non-commercial use), no part of the Service may be reproduced, stored in any medium, including, but not limited to, a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent.
10.5. Any permitted use of our material is subject to ensuring that our copyright notices and trademarks appear as they do on all copies online and customary bibliographical citations including author attribution, date, article title (where applicable) and the URL to this Service are included.
10.7. AmongDoctors trademarks, and logos which are displayed on the Service are the trademarks of AmongDoctors and its licensors.
10.8. Any request for permission of any of our content or images, should be made via the Contact Us details.
12.1. If you wish to terminate your account, you may do so by sending your request via email at info[at]amongdoctors.com. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13.1. To the fullest extent permitted by law, AmongDoctors will not be liable for any material posted by you or any third party. It is provided on an ‘as is’ basis and AmongDoctors disclaims all and any representations and warranties whether expressed or implied including warranties of accuracy, fitness for a particular purpose, non infringement or availability functionality of the Service. AmongDoctors shall not be liable for any errors in transmissions and we do not warrant that the Service will be available at any time. Should you chose to rely on any professional opinions on the Service you do so at your own risk. Users are responsible for the checking and verification of any advice given on the Service.
13.2. The Content available through the Service is for informational and educational purposes only and is not an alternative to physical examination or a substitute for the professional judgment of a Physician in diagnosing and treating patients on an individual basis. All Content, including any advice, suggestions, and/or recommendations, has not been generated as part of any direct professional evaluation where the Physician has the benefit of information that would be obtained by examining a patient in person and observing his/her medical condition. You are expected to use your own professional judgment when utilizing Content found on the Site. We encourage you not to advise, diagnose, or otherwise treat patients solely by use of this Site. The User accessing the Site assumes full responsibility for any use of the Content and agrees that AmongDoctors, its partners, associates, and any other providers of Content are not responsible or liable for any claim, loss, or damage arising from the use of the information. No professional fee has been charged by or paid to AmongDoctors and AmongDoctors does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Site.
13.3. We assume no responsibility for the content of our site or Services linked on our site. Such links should not be interpreted as endorsement by us of those linked Services. We will not be liable for any loss or damage that may arise from your use of them.
13.4. With regard to user conduct, we rely on users to adhere to these terms and our User Conduct, and, other than for miscellaneous reviews of the Service post publication (which may or may not occur), we do not promise that we will monitor the Service for breaches. We therefore do not control and are not responsible for what material users submit on the Service or any breaches of our User Terms and Conditions or User Conduct. Users should complain using the below mentioned process for any legitimate complaint (see clause 17).
13.5. AmongDoctors may at any time amend, alter or delete the functionality, software or any other elements related to the Service of any nature at any time without further notice to you. AmongDoctors may take down the Service on a temporary or permanent basis at any time without further notice to you.
13.6. Any reference to any services, processes, products, trademarks or suppliers on this Service whether by users or AmongDoctors does not constitute or imply endorsements, recommendation by AmongDoctors or any affiliation such as third parties.
13.7. While we take steps to authenticate PhysiciansÕ qualifications we cannot guarantee that every Registered User on the Service is indeed qualified or a registered practicing doctor.
13.8. AmongDoctors has no control over and no duty to take any action regarding: what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
13.9 By entering into this agreement and using the software, to the extent permitted by law, you agree that you shall defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data, comments, and ratings) of the users as made available on our software, (iii) any consultation rendered by the registered members, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you (including attorneys’ fees and costs), pursuant to, arising out of or in connection with the use, inability to use or delay or virus of our software and/or the server that the software is hosted, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the user (its employees, directors, officers, agents, representatives or affiliated companies)(including attorneys’ fees and costs), including any strike, force majeure or any other event beyond our control (vi) any information on this software sometimes linked to external sites over which our services have no control and for which we assume no responsibility (vii) any user violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.
- Patient Information
Country or international laws, as well as ethical requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of Physicians to transmit certain information through the Site. It is the sole responsibility of the User to comply with these laws, as well as institutional and professional guidelines with respect to patient confidentiality. The User is, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient data. AMONGDOCTORS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT DATA OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY THE USER WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY CONTENT (INCLUDING ANY USER SUBMISSION) IN OUR SOLE DISCRETION (see also term 6.4).
- Limitation of liability
15.1 To the extent permitted by law, we will not be liable to any user for any loss (including direct, indirect and consequential) or damage, whether in contract, tort (including negligence, special or punitive damages), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
15.1.1. use of, or inability to use, the Service; or
15.1.2. use of or reliance on any content displayed on the Service;
15.1.3. loss of business opportunity, goodwill or reputation; or
15.1.4. any indirect or consequential loss or damage.
15.2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any Service linked to it.
15.3. You will indemnify AMONGDOCTORS and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these User Terms and Conditions or arising as a result of a third party accessing or using our site or its content by means of accessing through your password or user ID or other authentication details.
15.4 If you are dissatisfied with the service, your only remedy is to stop using it. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
16.1. We will do our best to assess whether it is appropriate to use moderation of content posted to the Service (including what kind of moderation to use), however we are under no obligation to oversee, monitor or moderate the content provided to the Service and we expressly exclude our liability for any loss or damage arising from the use of content posted to our Service by users in contravention of these Terms and Conditions, whether the service is moderated or not.
16.2. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. If you have a concern about a user’s conduct or post, then you should click on the ‘Report’ button at the end of every post for the AmongDoctors moderators to review. In addition, you can also raise concerns by emailing the AmongDoctors moderators: admin[at]amongdoctors.com
16.3. If moderation is applied, generally Service content (including user comments and posts) will be subject to post-publication moderation.
17.1. If you discover any content on the Service which you consider breaches any of these terms, or is otherwise unacceptable, you should notify AMONG DOCTORS immediately by clicking on the ‘Report’ icon or, alternatively by selecting the ‘Contact Us’ icon. The system will provide your name and contact details and details of the relevant content (including a description of its location).
17.2. Should we receive a complaint regarding our Site, we will consider the complaint and will take appropriate action which may include removing the offending content and/or taking legal action.
17.3. We reserve the right, whether as a result of a complaint or whether through our own investigations, in our absolute discretion, to edit any responses after publication or to remove whole or part of the contribution and state that we have done so.
17.4. We try to avoid entering into lengthy correspondence about why we have removed any postings and are not obliged to advise anyone alleged to have or whom we think has infringed the terms that we are or have altered, removed, or edited any material they have posted. ItÕs not a good use of our resources and any response we give it is at our absolute discretion.
- Changes to these terms
AmongDoctors reserves the right, at its sole discretion, to modify or replace any of the Terms and Conditions, or change, suspend, limit or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Service following posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
To contact AMONGDOCTORS about your account or generally (and excluding relating to a ÒcomplaintÓ set out above) you may get in touch with us via the Contact Us page or via emailing us at info[at]amongdoctors.com
- Governing Law and Severance
20.1 To the fullest extent permitted by law, these Terms and Conditions and any modification, shall be governed and construed in accordance with the laws of Greece, European Law and relevant international treaties. Greek courts shall have exclusive jurisdiction, subject to our right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country where necessary or advisable for enforcement purposes. For any dispute arising from the Terms and Conditions or the Site, you agree to submit to the personal and exclusive jurisdiction of courts of Athens/Greece without regard to Greek or international conflict of laws provisions.
20.2. If any court or competent authority finds that any provision of these User Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these User Terms and Conditions shall not be affected.
20.3. The failure of AmongDoctors to exercise or enforce any right or provision of the Terms and Conditions shall not operate as a waiver of such right or provision.
- Maintenance and Support
AmongDoctors has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this agreement. However, AmongDoctors may from time to time issue upgraded versions of the application, and may automatically electronically upgrade the version of the application that you are using on your mobile phone or on your computer. You consent to such automatic upgrading, and agree that the terms of this agreement will apply to all such upgrades.
This agreement may not be assigned by you without the prior written approval of the company but may be assigned without your consent by the company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
- Job Posts (for Employing Companies (“Institutions”) only)
23.1 The Institutions agree to all the Terms & Conditions provided herein.
23.2 Any Institution may register to the platform, in order to publish their current or future job openings (“Job Posts”). All registrations will go through a screening process and are subject to the same rules currently described in the Terms & Conditions.
23.3 The Institutions cannot and will not be able to access any part of the platform, except the Job Post Administration part.
23.4 The duration of the Job Post (s) will be 30 calendar days, counting from the day of the Job Post publication in the platfom, unless otherwise agreed in written format (via email or signed document).
23.5 If a free trial period for Job Posts has been agreed between the Institution and us, this will refer only to the Job Post functionality. Unless otherwise agreed with us, upon completion of the free trial, the Institution will no longer have access to the Job Post Administration part of the platform.
23.6 You hereby agree that any Job Posts published by you, will be accurate and complete and you will be the sole responsible for this content.
23.7 We assume no responsibility for the content of the Job Posts submitted by you
23.8 We reserve the right, whether as a result of a complaint or whether through our own investigations, to terminate your access to the platform.
These terms and conditions constitute the entire understanding between user and AmongDoctors with respect to its object, replacing any and all instruments, agreements, letters and / or contracts, oral or written agreements between the parties with respect to the subject matter described herein prior to the date of your registration as a user.
Nothing in the terms and conditions will constitute a partnership, agency relationship, franchise relationship or contract of employment between the parties.
The failure by AmongDoctors on demand at any time, to perform any provision of this agreement will not affect in any way the right of Among Doctors to enforce such provision thereafter.
Last update February 2017