Terms of Use for Patients
NOTE: DOCTORI ONLINE SERVICES W.L.L. (“DOCTORI”) SHALL NOT BE USED FOR URGENT, SUICIDAL OR ANY SITUATION
WHICHDOCTORS OR DOCTORI FEEL TO BE AN EMERGENCY. PATIENTS ARE ADVISED TO CALL THE RELEVANT AUTHORITIES
FOR URGENT ISSUES AS DOCTORI IS USED ONLY FOR SIMPLE CONSULTATIONS.
Thank you for accessing Doctori (the “App”). Please read these Terms of use before using the App which is operated by Doctori Online Services W.L.L. (“Doctori”) whose registered office is in The Kingdom of Bahrain (“we”, “us” or “our”). We offer this App, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the App. It is your responsibility to check the App periodically for changes. Your continued use of or access to our App or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
You can review the most current version of the Terms of Use at any time from this page.
By using the App, you are accepting these Terms of Use in consideration of which we provide you with access. From time to time we may modify these Terms of Use so please continue to review them whenever accessing or using the App.
Please read these Terms of Use carefully before accessing or using our App. By accessing or using any part of the site, you agree to be bound by these Terms of Use and if you do not agree to all the terms and conditions set out herein then you may not access the App or use any services.
- While we have endeavored to ensure the accuracy of information on the App, we are not responsible and do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the App including information provided by experts or contributors to the App. The App “Content” including text, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks,tools,
resources, features and other materials are provided “as is” without any warranties or representations of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. - We have no control over or responsibility for websites to which the App is linked. Your use of such websites is at your sole risk and is subject to the terms and conditions of use of such sites.
- We are the owner or the licensee of all intellectual property rights in the App and its Content, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the App for your personal reference and you may draw the attention of others within your organisation to material posted on the App. You acquire no rights or licences in or to the App and / or the Content other than the limited right to use the App in accordance with these Terms of Use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified experts or contributors) as the authors of material on the App must always be acknowledged. You must not use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licencors. If you print off, copy or download any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the App without notice and for any reason. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users who have registered with us (Members). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
- In order to access some features of the App or other services, you will have to create a Doctori account and become a Member. When registering and creating your account you consent to us processing your user identity and details, you must provide accurate and complete personally identifiable information and ensure that this information is kept accurate and up-todate at all times. The App reserves the right to terminate your membership if we learn that you have provided false or misleading registration information. You are solely responsible (to us and to others) for all activity that occurs under your Doctori account, therefore it is important that you keep your account password secure and confidential. You must notify us immediately of any breach of security or unauthorized use of your Doctori account that you become aware of.
- When registering and creating your account you must select a username, we reserve the right to force forfeiture of any username for any reason.
- You must not disrupt the functioning of the App, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the App. Other than use of the App, you may not attempt to gain access to the Doctori servers by any other means, including, without limitation, by using administrator passwords or by acting as an administrator while using the App or otherwise.
- By submitting User Generated Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with your User Generated Content. We reserve the right to display advertisements in connection with your User Generated Content and to use your User Generated Content for advertising and promotional purposes.
- Responsibility for User Generated Content that is posted on the App lies with each user – users alone are responsible for the content of their submissions and the consequences of any such contributions. Doctori cannot and does not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission.
- Prohibited content, you must not upload, post, or otherwise transmit to the App any Content that, as reasonably determined by Doctori is:
- Untrue, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Contains hostility or prejudice towards a person’s disability, religion or belief, sexual orientation or transgender identity.
- Infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorised advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- data or information obtained through access that was not authorised by the owner, or that you are not authorised to post; or
- in violation of any applicable local, national or international law (including export laws).
If you find any content on the App that meets any of the points outlined above, please use the report icon or get in touch via the contact us form and we will investigate the content and the author further and action as appropriate.
We reserve the right to remove inappropriate material or information posted by any users. We also reserve the right to terminate, without warning, records of users which we consider to be misusing the App, or of those who are in breach of these Terms. Terminated users will be prevented from re-registering on the App.
You (whether a Member or otherwise) agree to indemnify, defend and hold harmless Doctori and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Those registered to the App will be able to contact other Members if they wish to converse with other Members with similar interests or goals by using our internal messaging system. If you use this option, you warrant not to send “spam” or other unwanted solicitations, or any other. Prohibited Content. Please refer to section 11, which details Prohibited Content. Members found to be in breach of such warranty will indemnify us in respect of any liabilities incurred as a result of such breach and may be stripped of their membership. We are not responsible for the content of personal messages or email messages sent to you by our users or from a third party.
- We reserve the right to terminate or restrict your access to the App at any time without notice for any reason whatsoever. The App shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy policy. If you become a registered Member, you may terminate your membership at any time.
- If you are dissatisfied with the App, these Terms of Use or any of the Content your sole remedy is to discontinue use of the App. Save in respect of fraud and of personal injury or death to the extent it results from our negligence, we accept no liability to you whatsoever whether based on warranty, contract, tort or otherwise. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
- The App is not directed at any person in any jurisdiction where for any reason the publication or availability of the App is prohibited. Those in respect of whom such prohibitions apply must not access the App. We do not represent that either the App or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the App do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
- You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the App, any breach by you of these Terms of Use or a claim that your use of the App infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party.
- DISCLAIMER:
- To the extent permitted by law, neither Doctori nor its associated companies accept any responsibility for death or injuries caused by any information contained within the App.
- All content within the App is provided in good faith and is for general information only, and must not be treated as a substitute for professional medical, health or nutritional advice, examination, diagnosis or treatment. If you are not a healthcare professional then you should ALWAYS check with your doctor if you have any concerns about your condition or treatment.
- Reliance or use of the content on the App is solely at your own risk. Doctori and/or its associated companies are not responsible or liable for any diagnosis, advice or recommendation made by a user based on the content of the App.
- Doctori or its associated companies is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the sites.
- Always consult your own doctor or any other health professional if you’re in any way concerned about your health.
- The App’s Terms of Use are governed by the laws of the Kingdom of Bahrain and the parties submit to the exclusive jurisdiction of the English courts.
- In no case shall Doctori our directors, 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 service or any products procured using the service, or for any other claim related in any way to your use of the App, any service, content or 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 service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. This does not include or limit in any way our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Data Sharing
- This part applies if you link your account to any third party app provider.
- You authorise us to share your personal data with any third party app provider to which your account is linked.
- You authorise us at any time and with any regularity to retrieve and/or receive and/or access any of your personal data held by any third party app provider to which your account is linked.
- You agree to the transmission, storage, processing and use by us of your personal data retrieved and/or received from any third party app providers to which your account is linked in the manner set out in our Privacy Policy.
- Paragraphs 4 and 5 of these Terms of Use apply in relation to personal data that is held by any third party app provider and that is retrieved and/or received by us or is otherwise transmitted to us and such personal data constitutes user submitted or generated content which is uploaded, posted or otherwise transmitted to us.
- The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
- These Terms of Use and any policies or operating rules posted by us on the App or in respect to content or services constitutes the entire agreement and understanding between you and us and govern your use of the App, superseding any 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 Terms of Use).
- Payment
- No payment is required for a Basic User (Patient) Account
- Any fees payable for a Patient Account are as quoted on the App from time to time, except in cases of obvious error, such fees will be payable in accordance with such payment terms as are stated in the App.
- Fees are payable in advance following a demand from us. The amount of fees in each case are as set out on the App.
- We accept payment by the payment methods listed on the App.
- Time for payment is of the essence.
- Termination and suspension
- If you have paid for an Account it will automatically renew for successive renewal periods upon the renewal date stated on the App subject to payment of the relevant fees for that renewal period, unless you have terminated your account in accordance with this term 23.
- If you have subscribed for a Basic User Account, the contract between us will commence on the Activation Date and will continue in force unless and until terminated by either of us in accordance with these Terms of Use.
- You may terminate the contract between us by closing your account by giving at least 14 days notice to us prior to the next occurring monthly renewal date or yearly renewal date, as applicable, at the address set out in paragraph [1]. Termination shall take effect on the next occurring monthly renewal date or yearly renewal date, as applicable.
- We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the App. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.
- All payments are non-refundable.
- Failure to comply with these Terms of Use may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your account and/or right to use the App;
- immediate, temporary or permanent removal of any User Content uploaded by you to the App;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of these terms and conditions of use;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate. Upon termination by us, your access to the App and services will be disabled. We may also prevent you from accessing the App in the future.
24. Services
The Platform may be used to connect you with a Doctor/Counsellors/Therapists who will provide services to you through the Platform. We require every Doctor/Counsellors/Therapists providing Counsellor Services on the Platform to be an accredited, trained, and experienced licensed psychologist. While we hope the Doctor/Counsellors/Therapists Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER IN YOUR REGION AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
25. Third Party Content
The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
26. Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of this Agreement.
27. Your account, representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned. You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us. If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to contact@betterhelp.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
28. Your account, representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us. If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to contact@betterhelp.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times
Healthcare Professionals Terms and Conditions
Note: These are the terms and conditions for counsellors.
- The following are the terms and conditions (the “Provider Agreement”) for the access and use of a Provider in an online platform (the “Platform”) through which counselling, consulting, professional advice and any other information are provided (collectively the “Provider Services”). A Provider (also referred in this Provider Agreement as “you”) is any doctor, counsellor, consultant, practitioner, professional, expert, coach, advisor or any other person who registers to provide Provider Services, through the use of the Platform, to any other person or persons (the “User” or “Users”). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website www.doctoriapp.com.
- By accessing or using the Platform as a Provider, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Provider Agreement. You should read this Provider Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Provider Agreement, you must refrain from signing up to the Platform as a Provider, you must stop making any use of the Platform as Provider and you should not access the Platform as a Provider.
- When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.
- The features and functionality of the Platform are to be determined solely by us and are subject to change or termination without notice.
- The Providers are neither our employees nor agents nor representatives.
- By agreeing to this agreement you are also agreeing to the terms of the Platform available at www.doctoriapp.com (the “Privacy Policy”). The Privacy Policy is incorporated into and deemed a part of this Provider Agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the Privacy Policy. In regards to the Privacy Policy, the same rules and stipulations that apply to a User would also apply to a Provider.
- The Provider acknowledges and agrees that the Platform is being provided for use “as is”, and therefore the Provider will not have any plea, claim, or demand towards us in relation to the Platform’s users, members, properties, limitations or compatibility with the Provider’s needs. The Provider shall not have any plea, claim or demand against us in respect to any services the Provider decides to provide in connection with the use of the Platform. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.
- Registration, providing Provider Services and any use of the Platform is being made at the Provider’s sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
- We expressly disclaim all warranties for information posted or transmitted by the Platform’s Users and or members.
- The Provider will bear all the risks associated with the uploading and transmitting material and utilizing the Platform including reliance on its accuracy, reliability or legality.
- We will not be deemed the provider or recipient of any services acquired through the Platform. The Provider provides Provider Services at his or her sole and entire risk.
- Under no circumstances we will be held liable to any Provider for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of business, revenue, profits, use, data or other economic advantage.
- The Provider acknowledges and agrees that we disclaim any liability in relation to any claim, suit or action brought by a User in connection with provision of any Provider Services by a Provider, including but not limited to representations by the Provider as to the Provider’s qualifications and advice provided by him or her, through the Platform. The Provider agrees to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom.
- The Provider will be solely responsible for any agreements he chooses to make with a User. We will not be responsible or liable in any way for any agreement made between a Provider and a User and or for enforcing any such agreement, including but not limited to any agreements in relation to Provider’s fee, and or usage of the Platform in any way other than offered and suggested as the Provider Service at the Platform. Any agreement a provider chooses to get into with a User is at his or her sole responsibility and entire risk.
- The Provider acknowledges that he or she will solely be responsible and liable for any damages to any User to whom the Provider provides services and to any User who suffers damages arising from or connected to such services that he provided to that User. In the event of a dispute regarding any transaction conducted through the Platform the Provider hereby releases us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including but not limited to, court costs and attorney’s fees, which the Provider may have against one or more of the above.
- We shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
- Our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you or to you through the Platform in the 3 months period prior to the date of the claim.
- We explicitly disclaim any liability with respect to any claim, suit or action made by a User. You agree to indemnify, defend and hold us harmless with respect to any such claim.
- If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
- This section (disclaimers and limitation of liability) shall survive the termination or expiration of this Agreement.
- You hereby confirm that you are at least 18 years old of age and that you are legally able to enter into a contract.
- You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
- The Provider will not provide any Provider Services or advise to any User unless the Provider is a licensed professional in good standing in the relevant field of expertise and he or she abides by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility.
- At all times the Provider will provide correct and accurate representation of his or her skills, degrees, qualifications, background and other information, whether this information is provided to us, to the User and on any form submitted to or presented on the Platform. The Provider will also provide the same correct and accurate representation of his or her skills, degrees, qualifications, background and other information to the users, including but not limited to, in any kind of communicating or providing Provider Services to Users.
- The Provider will maintain and update all such information during the term of this Provider Agreement to keep it true, accurate, current and complete.
- The Provider will not mislead Users to believe that he or she can provide a service which is outside his or her fields of licensed expertise and will not misrepresent him or herself or create any misleading name or listing.
- The Provider shall not perform any Provider Services and or other services or offer any advice in any jurisdiction where the Provider is not authorized or licensed or in good standing to do so.
- The Provider will maintain his or her skills, qualifications, eligibility, and other information and requirements, including maintaining his or her status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Provider practices his or her profession.
- We may review the Provider’s personal profile and amend any typing or spelling errors. We cannot and will not verify or examine the truthfulness or accuracy of the details in the Providers personal profile, credentials, qualifications, or any of the Provider’s postings or transmissions. However, we may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Provider. Without derogating from the above, we remove any content for any reason.
- When providing Provider Services or making any other use of Platform, the Provider must exercise a reasonable standard of care, at least the same as the Provider would in a similar transaction not conducted through the Platform or the Internet. Without derogating from the above, the Provider must exercise the standard of care mandated by his or her profession.
- The Provider will not provide to Users any services other than Provider Services.
- The Provider will not provide to Users any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations and ethics that applies in the Provider’s jurisdiction.
- The Provider agrees that the Provider Services, advice and or information that he or she provides to a User, aren’t in any way to be considered a substitute for a face-to-face interaction between the User and the Provider (or any other professional).
- The Provider will provide Provider Services only about and in respect of non-emergency matters and issues. For emergency matters and issues the Provider will instruct the User to immediately call the relevant authorities or their local emergency assistance number.
- The Provider will not prescribe or dispense medicines.
- Whenever appropriate, the Provider will recommend Users to seek help by meeting a qualified professional face-to-face.
- The Provider will not disclose any information that was provided to him or her by a User and will use his or her best efforts to guard Users privacy and Privacy Policy.
- All contact between the Provider, Users and any other Users or consumers who are introduced through the Platform must be conducted only through the Platform.
- The Provider may not use this Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
- The Provider agrees and commits not to violate any applicable or international law, statute, ordinance, rule, regulation or ethical code in relation to the use of the Platform and to the Provider’s relationship with the Users and us. The Provider further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
- You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other securityinformation related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
- You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
- You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
- You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
- You agree and commit not to use the account or Account Access of any other person for any reason.
- You agree and confirm that your use of the Platform, including the Provider Services, are made directly by you and that you are not using neither the Platform nor the Provider Services for or behalf of any other person or organization.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
- You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
- If you receive any file from us or from a User, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
- You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
- For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Provider Services) at our sole discretion for any reason and for any period of time.
- The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
- Provider will be paid for the provision of the Provider Services to Users.
- The fees, rates, payment options and payment schedules of the payments are set in the platform and they are set and determined exclusively by us and may be changed in our sole discretion.
- The Provider is solely responsible for reporting and paying any applicable tax related to the Provider’s use of the Platform.
- Any payment disputes or claims should be submitted within 30 days of discovery of any mistake.
- If a User has made User Payment but has later either charged back such payment for any reason or received (in our sole discretion) a refund for such a payment (collectively “Refunded Payments”), we will not pay those Refunded Payments to the Provider and if the money has already been delivered to the Provider, the Provider will be required to repay this amount to us. Notwithstanding the above, we may deduct this amount from the Provider’s account or from the following payments to be made the Provider.
- The Provider agrees and commits to immediately notify us in any case that the Provider provides any service to the User not through the Platform or in any case that the user is billed by the Provider not through the Platform or in any case that the user is making a payment to the Provider not through the Platform.
- We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to doctorionlineservices@gmail.com
- Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
- This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.
- You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Courts of the Kingdom of Bahrain. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
- We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
- We may freely transfer or assign this Agreement or any of its obligations hereunder.
- The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
- If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
- To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.