[Last Updated: 23 February 2021]

1. PART A: INTRODUCTION

1.1. These Terms of Condition relate to and will govern the SaaS Web Application provided and operated by HealthDocs (“we”, “us”, and “our”) through the use of our Website (including https://healthdocs.com/ and related webpages, information, tool, software, and programs) available to you (“the user”) and conditioned upon your acceptance of all the conditions, terms, policies, and notices stated herein.

1.2.  By using our site, registering, or subscribing to our services, you engage in our “Services” and agree to be bound by the following terms and conditions (“Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Conditions apply to all users of the Site, including without limitation users who are browsers without subscribing to our services.

1.3.  You are advised to read these Conditions and other policies related to them carefully before accessing or using our website. You agree that by using the site, subscribing, paying for our services, you have read, understood, and agree to be bound by all these Conditions. If you do not agree to all these Conditions, we expressly prohibit you from using the Website and you shall discontinue the use of our Services or website immediately.

1.4. The acceptance of these Conditions will be expressly limited to the terms set herein.

1.5.  Any new service, tools, programs, software, or features that will be added to our Services shall be governed and be subject to these Conditions.

1.6.  You may read and review the most current version of the Conditions on this page at any time. Subject to notice to you, we reserve the right to update, change or replace any part of these Conditions. It shall remain your responsibility to check this page periodically for changes.

1.7.  We may alert you about any changes or amendments by updating the “Last Updated” date of these Conditions and you waive any right to receive specific notice of each such change. You are advised not to unsubscribe from our emailing list to receive any notification of changes to these Conditions. Should you unsubscribe from our mail list, we do not guarantee that you will receive notification of changes.

1.8.  Your continued use of or access to the Services and our website following updating and changes of the Conditions will constitute acceptance of those new terms or changes.

2.     PART B: SERVICES

2.1.  We provide SaaS Web Application Services. Our services pertain to data and file storage for patients and healthcare providers. We are located at Kyle Bolton 21 Main St Blackrock Co. Dublin. Our services are operated on a subscription-based model whereby you (“users”) must pay us monthly subscription fees to access our services. Should you have any questions about our Services and our fees kindly visit our Help Center or Get in Touch with us through our email: hello@healthdocs.com

2.2.  We may offer free trials of 7, 14 days, or a free package to you with limited storage or functionalities. We reserve the discretion to determine the services which we provide you in free trials and may terminate the free trial at any time at our discretion.

2.3.  You may access our Services without subscribing or paying for our Services. In that case, we shall consider you a third-party user. As a third-party user, you will still be bound by these Conditions despite you not being a subscribed user or without having an account with us.

2.4.  The rights and obligations of third-party users will be limited to the extent which we deem fit. Such users may not have any rights to enforce any rights under these Conditions and we reserve the right to determine their rights herein. You shall only enjoy the full rights under these terms if you are a subscriber to our Services.

2.5.  We have reserved the right to refuse you the use of our Services at any time for no reason subject to reasonable notice and refunds.

2.6.  We reserve the right but are not obligated to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time after we send you a one-month notice, at the sole discretion. We reserve the right to discontinue any product at any time.

 

2.7.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. If there are any faults or errors experienced in our Services you are obligated to inform us as soon as practicable for us to remedy or rectify the fault.

2.8.  To the extent permitted by law, no implied warranties, terms, or conditions will apply to these Conditions.

3.     PART C: ACCURACY OF BILLING AND ACCOUNT INFORMATION

3.1.   You warrant, and agree, to provide current, complete, and accurate purchase and account information for all payment purposes. You further agree to update your account details and other information, including and not limited accurately and promptly to your name, email address, and credit card numbers. Failure to update such information may cause payment to be rejected.

3.2.  You agree and consent that we may collect data and information like telephone number, postal code (address), area code, email address(es), identification information, driver’s license, and others for purposes of billing (including and not limited to credit card information), verification, or in compliance with any financial law in the Republic of Ireland, international or applicable law.

3.3. We shall not share your sensitive data with any third parties unless the same is done for payment processing whereby we may share your data with payment services providers.

3.4.  For more detail, please review our Privacy Policy and Payment and Refund Policy.

4.     PART D: AGE AND USE

4.1.  You are prohibited from using our Services if you are under the age of 18 or the age of majority in your jurisdiction. By agreeing to these Conditions, you represent that you are at least the age of 18 in your country, state, or province of residence, or are of the majority, whichever that age is, in your country, state, or province of residence.

4.2.   You shall not use our Services for any illegal or unauthorized purpose nor shall you, in the use of the Services, violate any applicable laws in any jurisdiction (including but not limited to copyright laws and criminal law) and international law.

4.3.  A breach or violation of any of the terms of these Conditions shall result in an immediate termination of your Services.

4.4.  When you agree to use our Services, you agree and acknowledge that we will collect, process, and store any data which your institution and may include records and information on patients. It is your responsibility to seek and secure any permissions, consents, and approvals of patients whose data shall interact with our Services.

4.5.  We shall not be bound by any Terms of Use, Terms and Conditions, Privacy Policy, or any other agreement or contracts between you and the patients to which we are not a party.

4.6.  You agree that you shall ensure that all healthcare policies and laws shall be complied with and no third-party liability shall attach to us on account of us processing or interacting with any data which you have collected unlawfully or was collected in an unauthorized manner.

5.     PART E: USER REGISTRATION AND REPRESENTATIONS

5.1.  You may be required to register and share personal details and information before using our Services. You agree to keep your password secure, private, and confidential. You will be responsible for all the use of your password and account. We reserve the right to reclaim, remove, or change a username that you select should we deem or determine, in our sole discretion, that such a name is obscene, inappropriate, or otherwise objectionable.

5.2. By using our Services, you agree, warrant, and represent that:

5.2.1. All the information you submit during registration, payment, or otherwise share with us is accurate, true, complete, and current;

5.2.2. You will ensure that you, your partners, agents, employees, and affiliates have complied with healthcare laws and that the data which we receive from you is not procured lawfully, and not illegal or contrary to the law.

5.2.3. You will promptly update and maintain the accuracy of any such information which you provide to us in the registration process;

5.2.4. You will ensure accurate records, data integrity, and transparency in the collection of data and information from patients and other parties.

5.2.5. Your use of the Website will not violate any applicable law or regulation, state, national or international;

5.2.6. You will not use the Website for any illegal or unauthorized purpose;

5.2.7. You will not store any unlawful data or information using our Services;

5.2.8. You will not use or access the Website using automated or non-human means, whether through a bot, script; or otherwise;

5.3.  Upon discovery that you have provided us with any data or information that is unlawful, misleading, not current, inaccurate, untrue, or incomplete, or your use of our Services is to handle any data that is unlawful or has been acquired illegally, we reserve the right to terminate or suspend any current or future use of our Services notwithstanding any pending transactions or purchases.

6.     PART F: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

6.1. We shall not be held accountable, liable, or responsible when the data or information made available through our Services is not accurate, complete, or current. We offer file and data sharing services for patients and healthcare providers and we do not guarantee or verify information that is provided by the users, whether a healthcare provider or a user (or patient).

6.2. We do not alter or guarantee that the information and files which are shared within our Services are accurate and reliable. Each user (you) will be responsible for verifying any data or files shared through our Services.

7.     PART G: MODIFICATIONS TO THE SERVICES AND PRICES

7.1.  We reserve the right to change and review our prices based on our pricing policy or any other reason without any reference to you and are only subject to a one-month notice before the price review or change.

7.2. We further reserve the right to modify or discontinue our Service, or part of our Services subject only to one month’s notice to you. Should we make any modifications or changes to our Services or part of our Services we shall take steps to ensure that your data access is not affected. Further, we will ensure that basic functionalities are properly working.

7.3.  We shall not be accountable or liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services so long as we have given notice.

7.4.  We shall also ensure that there is an opportunity to save, download, or backup any data or information in our system should we wish to discontinue or make changes to our Services.

7.5.  You shall not hold us liable for any damages or losses which arise out of your third-party commitments and legal relationship or obligations should we discontinue our Services.

8.     PART H: OPTIONAL TOOLS

8.1. We may provide and recommend you or our Services may allow you to work with, access, or integrate with third-party tools to improve functionalities. Take notice that we may neither monitor nor have any control nor input of such third parties or their respective tools.

 

8.2.  In any such case, you acknowledge and agree that if we recommend to you or provide you functionalities using such third-party tools they will be “as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. You also agree that by our allowing you to integrate third-party tools, we do not support, vouch for, verify, or monitor such third parties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. We will take reasonable measures to notify and accord you an opportunity to consent or deny a third-party integration or functionalities.

8.3.   Any use by you of optional tools and functionalities by third parties without our knowledge will be at your own risk and discretion. We advise that you familiarize yourself with and approve of the terms on which such functionalities and tools are provided by the relevant third-party provider(s).

8.4.  We may also, in the future, offer new services, tools, functionalities, or features through our Services.

9.     PART I: THIRD-PARTY WEBSITES, CONTENTS, AND LINKS

9.1.  Our Services and website shall not have any third-party links save for functionalities and tools which we have permitted.

9.2. We shall not offer advertising services on our Services and we encourage you to contact us should there be any third-party advertisement links on our website or webpages.

9.3.  We do not encourage or promote any products or services in our Services. We further shall not permit any third parties to interface and integrate with our services in a manner that appears as if we are supporting or promoting their services or products.

9.4. You acknowledge and agree that we have not endorsed any products and services found or linked on the Third-Party Websites and thus you shall hold us not liable and we shall not be liable for any damages or losses when you purchase any products from third parties. Further, you will direct any questions and inquiries of services and products offered on Third-Party Websites to such third parties and not ourselves.

10. PART J: INTELLECTUAL PROPERTY RIGHTS

10.1. Unless otherwise expressly stated, our Services, website, webpages and all contents inclusive make up our proprietary property including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (“Content”) and the trademarks, logos, and service marks contained therein (“Marks”) are controlled, owned or licensed to and by us, and are protected by copyright and trademark laws of Republic of Ireland and other applicable law including various other intellectual property rights and unfair competition laws of Republic of Ireland, foreign jurisdictions, and international conventions.

10.2.   You agree and acknowledge that the Content and the Marks on the Website are provided to you “as is” for your information and personal use only. Save as expressly provided in these Conditions.

10.3.   No part of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Further, no commercial exploitation whatsoever of the Contents and the marks are permissible unless you have our express consent and permission.

11. PART K: PRIVACY POLICY AND PERSONAL INFORMATION

11.1.   Your submission of personal information through the Website or store is governed by our Privacy Policy and these Conditions. Click this link to view our Privacy Policy.

11.2.   By using our Services and Website you acknowledge and agree to be bound by our Privacy Policy which is incorporated into these Conditions.

12. PART L: PROHIBITED USES

12.1.   You are prohibited from using or accessing the Website or Services for any purpose other than that which we make them available for you.

12.2.   As a user of our Services, you agree not to:

12.2.1. systematically or in any unauthorized manner retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

12.2.2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretences.

12.2.3. use a buying agent or purchasing agent to make purchases on the Website unless with approval from us.

12.2.4. use the Website to advertise or offer to sell goods and services except with our written approval.

12.2.5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.

12.2.6. engage in unauthorized framing of or linking to the Site.

12.2.7. the trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

12.2.8. make improper use of our support services or submit false reports of abuse or misconduct.

12.2.9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

12.2.10. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Site.

12.2.11.  attempt to impersonate another user or person or use the username of another user.

12.2.12.    sell or otherwise transfer your profile to a third party.

12.2.13.   use any information obtained from the Website to harass, abuse, or harm another person.

12.2.14.  use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.

12.2.15.  decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

12.2.16.  attempt to bypass any measures of the Website designed to prevent or restrict access to the Site, or any portion of the Site.

12.2.17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.

12.2.18.   delete the copyright or other proprietary rights notice from any Content.

12.2.19.  copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

12.2.20.   upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

12.2.21.  upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, web bugs, pixels, cookies, or other similar devices such as passive collecting mechanisms or spyware

12.2.22. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

12.2.23.  disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

12.2.24.  use the Website in a manner inconsistent with any applicable laws or regulations.

13. PART M: ELECTRONIC COMMUNICATION, SIGNATURES, AND TRANSACTIONS

13.1.   Using, and visiting the site, sending us emails, and completing any forms shall constitute electronic communication. You consent that you will receive communications from us, and you further agree that all notices, agreements, disclosures, and other communications we may provide to you (or you to us) electronically, via email.

13.2.   You agree and acknowledge that such communication above shall meet all the legal requirements that such communication shall be in writing.

13.3.   You hereby agree to the electronic delivery of invoices, receipts, contracts, and other records. Further, you agree to the electronic delivery of all policies, notices, and records of transactions that are completed or initiated by you or us via our website or Services.

13.4.   The above use of electronic means shall be deemed to comply with all applicable laws requiring written notices and electronic signatures. Electronic signatures will have the same effect as written signatures.

14. PART N: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

14.1.   We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

14.2.   You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

14.3.   In no case shall we, our directors, shareholders, investors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

14.4.   Our liability shall be limited to the maximum extent permitted by law.

14.5.   Notwithstanding anything to the contrary which is contained herein in the Conditions, our liability to you for any cause will be at all material times be limited to an amount equal or lesser than the amount you have paid to us or a maximum of $500, whichever is lower.

14.6.   Our liability is limited to matters arising out of tort or negligence, loss of Services, interruption in Services, and the lack of access to Services.

15. PART O: INDEMNIFICATION

15.1.   You agree to indemnify, defend and hold harmless ourselves, parent company, investors, shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-parties while using our Services.

16. PART P: SEVERABILITY

16.1.   If any provision of these Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. PART Q: TERMINATION

17.1.   The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all effect and purpose.

17.2.   These Conditions are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services, when you cease using our site, or when you unsubscribe from our services and delete your account.

17.3.   If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Conditions.

18. PART R: ENTIRE AGREEMENT

18.1.   The failure of us to exercise or enforce any right or provision of these terms and conditions in these Conditions shall not constitute a waiver of such right or provision.

18.2.   The terms herein and any policies or operating rules posted by us on this Website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

18.3.   The clause above and the terms referenced hereinabove supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Conditions.

18.4.   Any ambiguities in the interpretation of these Conditions shall not be construed against us.

19. PART S: GOVERNING LAW

19.1.   These Conditions and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the Republic of Ireland.

20. PART T:  CHANGES TO TERMS OF SERVICE

20.1.   You may review the most current version of these Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part herein subject to us sending you written notice and posting an updated Condition on this page.

20.2.   It shall remain your sole responsibility to check our website periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Conditions shall signify and constitutes acceptance of those changes.

21. PART U: DISPUTE RESOLUTION

21.1.      First Option: Informal Negotiations

21.1.1. The Parties have agreed to first use negotiations informally for at least 30 days before initiating arbitration to expedite dispute resolutions and control the costs of the proceedings and disputes which relate to these Conditions.

21.1.2. Such informal negotiations shall commence after written notice issues from us or you.

21.2.      Second Option: Binding Arbitration

21.2.1. If Parties are not able to resolve the dispute through informal negotiations, the dispute will be exclusively and finally be determined by binding arbitration. You understand that with this clause, your right to sue and have judicial remedy is not excluded.

21.3.      Third Option: Proceedings and Litigation

21.3.1  Any proceedings or legal actions whatever the nature by either you or us shall be prosecuted in the Republic of Ireland and the Parties hereby consent that they have waived all defences of forum non-conveniens and personal jurisdiction with respect to the jurisdiction and the venue.

21.3.2  Any contract or transaction which is completed on the Website by you shall be deemed to have been completed under the laws of the Republic of Ireland regardless of your country or location or region where you access the site.

21.3.3  Nothing in this section will act to limit the powers of the parties to repudiate the contract if it is the most reasonable and practical option for the parties.

22. PART V: CONTACT INFORMATION

22.1.   To resolve any complaint regarding any dispute or rights arising from these Conditions or to make any inquiries concerning our Services, please contact us at:

Business Name:  HealthDocs

Business Address: 21 Main St, Blackrock Co. Dublin

Business Phone Number:  01 210 0232 

Email Address: support@healthdocs.com