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TERMS AND CONDITIONS

Last modified: September 6th, 2016

Welcome and thank you for your interest in the Doctor On Call website ("Website") and mobile applications ("Apps"). Doctor On Call is a mobile App made freely available to qualified registered licensed Doctors in their practice or in any Health Institution, Public or Private. It allows patients to consult their Doctor/s remotely using telephone medicine video-conferencing services over a private, secure, encrypted, confidential mobile health network system. The Doctor is in full control of all aspects of the management of the health information system including the determination as to whether the video conferencing Doctor-Patient encounter or an alternative mode of Doctor Patient clinical encounter should take place. The Doctor may write e-prescriptions which may be sent to the patient or his/her designated pharmacy. The absence of, or the setting of fees for the clinical video conferencing encounter is the sole responsibility of the practicing Physician or Health Institution, Public or Private.
Doctor on call may be fully integrated seamlessly in any existing patient Electronic Medical Record (EMR) system as long as it has access to the Application Program Interface (API) of the existing EMR.
Doctor On Call requires all Doctors to be fully registered to practice medicine in the respective area of General and/or Specialist practice possessing an up to date valid, verifiable medical council identification number from the internationally recognized national medical competent authority. These conditions are necessary for the use of the Doctor On Call service system by all Doctors from all jurisdictions.
Doctor On Call services may be used by patients living in remote or underserved areas, All Health and Allied Health Institutions and may also include workplaces and offices, schools and other educational institutions, dormitories, diverse areas of custodial and home care, hotels especially health tourism facilities or instances where there are a cluster persons gathered for events.
Doctor On Call is a labile, openly accessible, flexible and a professionally delivered anywhere care health service system. Its data health gathering capacity utilizing its videoconferencing and live streaming platform is fully compliant with the needs of standards Public Health practice of monitoring and surveillance necessary for the control and eradication of communicable disease outbreaks and epidemics in human populations.
with a dynamic videoconferencing platform Including to ensure proper professional identification and validation, data security and medicolegal protection within the respective jurisdiction and conformance to accredited international medical and technology standards.
The Website and Apps and all content, services and/or products available on or through the Website and Apps (collectively, the "Doctor On Call Services") are owned, operated, and brought to you by Doctor On Call, Inc. ("Doctor On Call" or "We"). Doctor On Call Services are offered to you or the entity you represent ("You" or "you") subject to your acceptance without modification of all of the terms and conditions contained in these Terms of Service and all other operating rules, policies (including, without limitation, Doctor On Call Privacy Policy ), Guidelines (as defined below), any future modifications, and procedures that may be published from time to time on the Website or otherwise made available to you on or through Doctor On Call Services (collectively, the "Terms"). When accepted by you, the Terms form a legally binding contract between you and Doctor On Call. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
Visitors of the Website and users of Doctor On Call Services are referred to herein individually as "User" and collectively as "Users".
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE DOCTOR ON CALL SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE OR OTHERWISE USE THE WEBSITE OR DOCTOR ON CALL SERVICES.
1. Doctor On Call Services are targeted towards all patients interested in obtaining basic primary and urgent health care services, health information, participating in wellness programs and managing their health conditions and their plan-related expenses, employers who manage these programs and systems, and distribution partners who assist in managing these programs and systems.
2. Eligibility; Use of Doctor On Call Services.
2.1 ELIGIBILITY. DOCTOR ON CALL SERVICES ARE AVAILABLE TO USERS WHO ARE AT LEAST 18 YEARS AND OLDER. DOCTOR ON CALL SERVICES ARE NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE WEBSITE OR DOCTOR ON CALL SERVICES BY DOCTOR ON CALL. BY USING DOCTOR ON CALL SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
2.2 Minors. You may access and use Doctor On Call Services on behalf of a minor under the age of 18, provided that you are a parent or legal guardian of such minor and all User Submissions (as defined below) submitted or posted to Doctor On Call Services is entered by you, or by such minor under your supervision. If you allow a minor to access or use Doctor On Call Services under your supervision in this manner, you remain responsible for ensuring the accuracy of any such User Submissions and otherwise complying with all of the terms and conditions contained herein.
2.3 Use of Doctor On Call Services. Subject to your compliance with these Terms, Doctor On Call grants you permission to use Doctor On Call Services as set forth in the Terms and consistent with the intended features of Doctor On Call Services.
3. Remote, Basic Primary and Urgent Care Provided . Doctor On Call Services, and all content, services and features available on or through Doctor On Call Services are intended for basic primary and urgent care purposes only. They are intended to be for professional medical or mental health advice, diagnosis, treatment, patient and population medicine, monitoring, surveillance and control, and follow-up. Doctor On Call does not recommend or endorse any specific tests, healthcare providers, diagnosis, treatment plans, procedures or other related information provided through Doctor On Call Services. DOCTOR ON CALL DOES NOT RECOMMEND AND EXPRESSLY DISCLAIMS ANY LIABILITY RELATING TO OR ARISING FROM THE SELF-MANAGEMENT OF HEALTH PROBLEMS BY PATIENTS. Always seek the advice of a qualified health provider if you have any questions regarding a medical or mental health issue. If you think you have a medical or mental health emergency, call 911 or your doctor immediately. Doctor on call services includes urgent care but never emergency care. Doctor On Call will refer All emergency care cases to designated emergency care services and facilities as expeditiously as possible. NEVER SUBSTITUTE DOCTOR ON CALL SERVICES OR ANY INFORMATION AVAILABLE THEREON IN PLACE OF A TREATMENT AND MONITORING PLAN PRESCRIBED OR DEVISED BY a qualified health CARE provider. Reliance on any information available on or through DOCTOR ON CALL Services is solely at your own risk. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF Doctor On Call SERVICES, OR ANY INTERACTION BETWEEN YOU AND OTHERS ON OR THROUGH Doctor On Call SERVICES, DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND DOCTOR ON CALL .
4. Privacy . Doctor On Call takes the privacy of its Users very seriously. Doctor On Call 's Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Doctor On Call's collection, use, and disclosure of your personal information.
5. Additional Terms. When using Doctor On Call Services, you will be subject to any additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available to you on or through Doctor On Call Services (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
6. Modification of the Terms . Doctor On Call reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes from time to time on the Website or otherwise making them available to you on or through Doctor On Call Services. Please check these Terms and any Guidelines periodically for changes. Your continued use of Doctor On Call Services after such changes have been published on or through Doctor On Call Services constitutes your binding acceptance of such changes. For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) your continued use of Doctor On Call Services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms on or through Doctor On Call Services. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Doctor On Call will be governed by the Terms in effect at the time such dispute arose.
7. Registration; Account and Specific identity profile.
7.1 Registration for an Account. In order to access and use certain features of Doctor On Call Services, you will have to create an account and become a registered user of Doctor On Call Services. You agree that any information you provide to Doctor On Call on registration for an account and at all other times will be true, accurate, current, and complete. Since the provision of certain features of Doctor On Call Services may depend on the continued accuracy of your account information, you also agree that you will ensure that this information is kept accurate and up-to-date at all times your account remains open.
7.2 Account and Specific Identity Profile. When you register, you will be asked to create your specific identity profile. As you will be responsible for all activities that occur under your account, you should keep your identity confidential. You are solely responsible for maintaining the confidentiality of your account and specific identity profile and for restricting access to your computer and/or the handheld or mobile device you use to access Doctor On Call Services, and you agree to accept responsibility for all activities that occur under your account.
You agree to immediately notify Doctor On Call of any unauthorized uses of your account or if you believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or specific identity profile). You may be liable for any losses incurred by Doctor On Call or others due to any unauthorized use of your account.
8. Ownership of the Website . The Website is solely and exclusively owned and operated by Doctor On Call. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of the content, code, data, and all other elements of the Website (collectively, the "Doctor On Call Materials") are protected by Jamaica copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions (as defined below) or other content owned and/or posted by you, all Doctor On Call Materials are the copyrighted property of Doctor On Call, its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, and trade names contained in the Doctor On Call Materials are proprietary to Doctor On Call, its affiliates and/or third-party licensors. Your use of Doctor On Call Services does not grant to you ownership of any content, code, data or any part of the Doctor On Call Materials you may access on or through the Website. Any commercial or promotional distribution, publishing or exploitation of the Doctor On Call Materials is strictly prohibited unless you have received the express prior written permission from Doctor On Call or the otherwise applicable rights holder. Doctor On Call reserves all rights to the Doctor On Call Materials not expressly granted in the Terms.
9. Content Rights . All content, services and/or products available on the Website or otherwise through Doctor On Call Services are intended for personal, non-commercial use. With the exception of User Submissions (as defined below), all such content, including without limitation documents, forms, pictures, images, audiovisual works, and informational materials (collectively, the "Content"), is owned or controlled by Doctor On Call, its affiliates or its licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing, Doctor On Call authorizes you to download a single copy of any part of the Content expressly made downloadable by Doctor On Call, solely for your personal, non-commercial use and if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website or Doctor On Call Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through Doctor On Call Services or as otherwise permitted by applicable law.
10. Prohibited Conduct . You agree that you are responsible for your own conduct while using Doctor On Call Services and for any consequences thereof. You agree to use Doctor On Call Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you agree that when using Doctor On Call Services, you will not:
• impersonate another person or entity or access another person's user account without that person's permission;
• collect, or attempt to collect, personal information about other Users without their consent;
• distribute or upload any other person's personal information, picture or video without that person's express consent;
• violate the privacy rights, publicity rights, copyrights, or any other rights of another person;
• upload, post, transmit or otherwise make available through Doctor On Call Services any inappropriate, threatening, defamatory or unlawful content;
• share your specific identity profile with any third party or encourage any other User to do so;
• download any Content that you are not authorized to download, or delete notices of copyright other proprietary rights from the Content available on or through the Service;
• use Doctor On Call Services for any illegal purpose or in any illegal manner;
• use Doctor On Call Services for any commercial use, it being understood that Doctor On Call Services are intended for personal, non-commercial use only;
• rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer any of the licenses granted to you in these Terms;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of Doctor On Call Services, or features that enforce limitations on the use of the Doctor On Call Services;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Doctor On Call Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• modify, adapt, translate or create derivative works based upon Doctor On Call Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;
• upload any executable code, scripts or other data which alters the function, display or content of computer systems or data of Doctor On Call Services, its licensors or other Users
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Doctor On Call Services or collect information about its Users for any unauthorized purpose;
• create user accounts by automated means or under false or fraudulent pretenses; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
11. Fees; Payment. The delivery of clinical services on the Doctor On Call services platform may require clinical service fees. These clinical service fees are determined exclusively by the Doctor or health institution Public or Private. It is expected that these fees for the remote videoconferencing service medical encounters, would be considerably less than the fees paid by patients who visit the Doctor's s office or the health institutions. Whatever is the cost of the Doctor's s or health institution's service to patients happens to be, Doctor On call charges an additional service fee in addition to the Doctor's s or institution's service fees charged for the clinical encounter.
You agree to pay to Doctor On Call all fees for services purchased on or through Doctor On Call Services under your account at the then-current rates for such services (including any applicable taxes), and to abide by Doctor On Call 's payment terms in effect at the time of such purchase. Doctor On Call may change the fees for the use of Doctor On Call Services or any service or feature provided thereon, or add new fees or charges, at any time. For any change in fees for services purchased under your account, Doctor On Call will send you a notice of such change in advance of the time such change take effect (via a message on or through the Website or email).
You agree to pay to Doctor On Call all fees for services purchased on or through Doctor On Call Services under your account at the then-current rates for such services (including any applicable taxes), and to abide by Doctor On Call 's payment terms in effect at the time of such purchase. Doctor On Call may change the fees for the use of Doctor On Call Services or any service or feature provided thereon, or add new fees or charges, at any time. For any change in fees for services purchased under your account, Doctor On Call will send you a notice of such change in advance of the time such change take effect (via a message on or through the Website or email).
11.1 Refunds and Returns Policy No refunds will be given after Doctor On Call service is provided and fees are charged. We recommed contacting us if you expereince any issues accessing our service. All queries related to payments, fees, returns and refunds will be addressed within 2 business days.
12. User Submissions.
12.1 Generally. Doctor On Call Services allow you to submit, post, and share certain content with your healthcare providers, which may include without limitation text, pictures, images and comments submitted by you on or through Doctor On Call Services (collectively, "User Submissions"). You retain all your ownership rights in your User Submissions, whether posted and/or uploaded by you or made available on or through Doctor On Call Services by Doctor On Call. User Submissions are displayed on or through the Website for informational purposes only and their content is not otherwise controlled by Doctor On Call. Doctor On Call does not guarantee any accuracy or confidentiality with respect to any information contained in any User Submission, and strongly recommends that you think carefully about what you post to or through Doctor On Call Services. You understand that all information contained in User Submissions is the sole responsibility of the person from whom such User Submissions originated. This means that you, and not Doctor On Call, are entirely responsible for all User Submissions that you upload, post, or otherwise make available through Doctor On Call Services, as well as for any actions taken by Doctor On Call, your healthcare providers, or a third party as a result of such User Submissions.
12.2 Right to Remove or Edit User Submissions. Doctor On Call makes no representations that it will publish or make any User Submission available on or through Doctor On Call Services, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any User Submission on the Website, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the foregoing, Doctor On Call may remove any User Submission it reasonably believes necessary to comply with any applicable law or regulation, or to protect the rights or safety of the Users.
12.3 License Grant by You to Doctor On Call . You retain all your ownership rights in original aspects of your User Submissions. By submitting your User Submissions to Doctor On Call through Doctor On Call Services, you hereby grant Doctor On Call and its affiliates, sub-licensees, partners, designees, and assignees of Doctor On Call Services (collectively, the "Doctor On Call Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof for any purpose whatsoever in connection with Doctor On Call Services and Doctor On Call 's (and its successors') business, including without limitation, for providing you with the intended features and services available on or through Doctor On Call Services. The foregoing license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the Website, provided, however, that the Doctor On Call 's or Doctor On Call Licensees' rights to such User Submission arising out of distributions occurring on or prior to deletion of such User Submission from the Website survive any termination or expiration of the license granted in this Section 12.3.
12.4 Limited License Grant to Certain Other Users. Doctor On Call Services allow you to share your User Submissions with certain healthcare providers of your choosing who have also registered for Doctor On Call Services ("HCP Users"). By submitting or distributing your User Submissions through Doctor On Call Services, you hereby grant to such HCP Users a non-exclusive license to access or otherwise use your User Submissions for medical diagnosis or treatment purposes. The foregoing license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the Website, provided, however, that such HCP Users' rights to such User Submission arising out of distributions occurring on or prior to deletion of such User Submission from the Website survive any termination or expiration of the license granted in this Section 12.3.
12.5 User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you either own your User Submissions or have the necessary licenses, rights, consents, and permissions to grant the rights and license set forth above, and (ii) your User Submissions, Doctor On Call 's or any Doctor On Call Licensee's use of such User Submissions pursuant to these Terms, and Doctor On Call 's or any of Doctor On Call Licensee's exercise of the license rights set forth above, do not and will not violate any applicable law or regulation.
12.6 Consent to Provide or Access any User Submissions. If you provide or access any User Submissions through Doctor On Call Services or otherwise, you represent and warrant that you have all consents and authorizations necessary to provide or access any User Submissions through Doctor On Call Services, including without limitation any such consents and authorizations required under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
12.7 Feedback. If you provide Doctor On Call with any comments, bug reports, feedback, or modifications proposed or suggested by you for Doctor On Call Services ("Feedback"), Doctor On Call shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into Doctor On Call Services. You hereby grant Doctor On Call a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
13. Termination.
13.1 By Doctor On Call . You agree that Doctor On Call , in its sole discretion and for any or no reason, may terminate these Terms, any account you may have with Doctor On Call or your use of Doctor On Call Services, and remove and discard all or any part of any User Submissions uploaded by you, at any time. Doctor On Call, in its sole discretion and at any time, may also discontinue providing access to Doctor On Call Services, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to Doctor On Call Services or any account you may have may be effected without prior notice, and you agree that Doctor On Call will not be liable to you or any third party for any such termination except as described in these Terms. Provided that you have complied with all the terms and conditions of these Terms, upon Doctor On Call's termination of these Terms or your account, Doctor On Call will refund any prepaid fees for services, if any, that have not yet been provided. Doctor On Call does not permit any fraudulent or illegal activities on or through Doctor On Call Services or otherwise and reserves the right to terminate access to Doctor On Call Services and remove all content submitted by any persons who are found to be engaging in illegal activities. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Doctor On Call Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Doctor On Call may have at law or in equity.
13.2 By you. You may terminate your account, these Terms and your right to use Doctor On Call Services at any time and for any reason or no reason, by contacting Doctor On Call customer service at customerservice@mobilehealth.com or by deleting your account and discontinuing your use of Doctor On Call Services. If you terminate these Terms or your account, you will remain obligated to pay all outstanding charges, if any, relating to your use of Doctor On Call Services incurred before termination.
13.3 Loss of Your Information on Termination. Upon any termination or expiration of these Terms, whether by you or Doctor On Call, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THROUGH DOCTOR ON CALL SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and Doctor On Call will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party.
13.4 Survival. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 8 through 23.
14. Third-Party Sites, Products and Services. Doctor On Call Services may include links to other websites or services ("Linked Sites") solely as a convenience to Users. Doctor On Call does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Doctor On Call makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
15. Notice . Except as explicitly stated otherwise, legal notices will be served, with respect to Doctor On Call and Doctor On Call Services, to 53 Lady Musgrave Avenue Kingston 5 Jamaica, and, with respect to you, to the email address you provide to Doctor On Call during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Doctor On Call may give you legal notice by mail to the address provided during the registration process, if any, or if no mailing address was provided during the registration process, by posting on the Website. In such case, notice will be deemed given three days after the date of mailing or posting, as applicable. You agree that all notices and other communications that Doctor On Call provides to you electronically satisfies any legal requirement that such notice or communication be in writing.
16. Interactions with Healthcare Providers . Doctor On Call Services may, now or in the future, allow you to correspond or otherwise interact with your healthcare providers. You understand and agree that Doctor On Call Services merely provide a platform for providing information to your healthcare providers, and that your correspondence or interaction with your healthcare providers is solely between you and your healthcare providers. You acknowledge that such healthcare providers are not affiliated with or controlled by Doctor On Call or its affiliates, and Doctor On Call cannot influence any information or advice provided by them. You irrevocably and forever release Doctor On Call (and Doctor On Call's affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes that arise between you and your healthcare providers as a result of your interactions between you and your healthcare providers through Doctor On Call Services
17. Disclaimers; No Warranties .
17.1 UNLESS OTHERWISE EXPRESSLY STATED BY DOCTOR ON CALL , DOCTOR ON Call SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Doctor On Call SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. UNLESS OTHERWISE EXPRESSLY STATED BY DOCTOR ON CALL , DOCTOR ON Call AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Doctor On Call SERVICES, OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Doctor On Call AND ITS AFFILLIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
17.2 UNLESS OTHERWISE EXPRESSLY STATED BY DOCTOR ON CALL , DOCTOR ON Call AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Doctor On Call SERVICES, THE DATA OR INFORMATION CONTAINED IN USER SUBMISSIONS, OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNLESS OTHERWISE EXPRESSLY STATED BY DOCTOR ON CALL , Doctor On Call AND ITS AFFILIATES DO NOT WARRANT THAT Doctor On Call SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Doctor On Call SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DOCTOR ON Call SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Doctor On Call SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17.3 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18. Your Representations . If you access or use any other person's User Submissions through Doctor On Call Services, you represent and warrant that your collection, use and storage of data or information contained in such User Submissions or otherwise resulting from your use of Doctor On Call Services shall comply with HIPAA and all applicable privacy laws, and that you will not use Doctor On Call Services or data or information contained in such User Submissions in a manner that reasonably could be expected to damage or cause injury to Doctor On Call Services or reflect unfavorably on the reputation of Doctor On Call .
19. Indemnification . You agree to indemnify and hold harmless Doctor On Call and its affiliates from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of Doctor On Call Services, representations made to Doctor On Call, its Users, and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Doctor On Call reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Doctor On Call, and you agree to cooperate with such defense of these claims.
20. Limitation of Liability and Damages .
20.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Doctor On Call OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF DOCTOR ON Call SERVICES, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE Doctor On Call SERVICES OR ANY LINKED SITES, Doctor On Call MATERIALS, OR ANY INTERACTIONS WITH DOCTOR ON CALL , EVEN IF Doctor On Call OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DOCTOR ON CALL 'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20.2 Limitation of Damages. IN NO EVENT WILL DOCTOR ON CALL 'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD-PARTY PARTNERS' OR SUPPLIERS' LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF Doctor On Call SERVICES OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY ACCESS TO OR USE OF Doctor On Call SERVICES OR ANY PART THEREOF, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
20.3 Linked Sites. THESE LIMITATIONS OF LIABILITY AND DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES PROVIDED OR MADE ACCESSIBLE on any LINKED sites or otherwise BY THIRD PARTIES OTHER THAN DOCTOR ON CALL .
20.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT DOCTOR ON Call HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOCTOR ON CALL , AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOCTOR ON CALL . DOCTOR ON CALL would not be able to provide Doctor On Call Services to you on an economically reasonable basis without these limitations.
21. Waiver . A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
22. Dispute Resolution
22.1 Generally. In the interest of resolving any disputes that arise between you and Doctor On Call in the most expedient and cost effective manner, you and Doctor On Call agree that any and all disputes arising in connection with the Terms or your use of Doctor On Call Services or any part thereof shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms or Doctor On Call Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of your account for Doctor On Call Services. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND Doctor On Call ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
22.2 Exceptions. Notwithstanding the contents of Section 22.1 above, you and Doctor On Call agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party's right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
22.3 Arbitrator. Any arbitration between you and Doctor On Call will be governed by the Competent authority/institution in the respective Jurisdiction which deals with Commercial Dispute Resolution Procedures.
22.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that Doctor On Call do not have a physical address on file for you, by electronic mail ("Notice"). Doctor On Call's address 53 Lady Musgrave Road Kingston 5 Jamaica West Indies. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and Doctor On Call agree to use good faith efforts to resolve the claim directly, but if no such resolution is reached within 30 days after the Notice is received, you or Doctor On Call may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Doctor On Call shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if the dispute is finally resolved through arbitration in your favor, Doctor On Call shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Doctor On Call in settlement of the dispute prior to the arbitrator's award.
22.5 Fees. In the event that you commence arbitration in accordance with these Terms, Doctor On Call will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000 Ja, in which case the payment of any fees shall be decided by the Rules. Any arbitration hearings will take place at a location to be agreed upon in the city of Kingston and St Andrew, Jamaica, provided that if the claim is for $10,000 Ja or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the Rules of Arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Rule of Civil Procedure (b)), then the payment of all fees will be governed by the Rules of Arbitration. In such case, you agree to reimburse Doctor On Call for all monies previously disbursed by it that are otherwise your obligation to pay under the Rules of Arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
22.6 No Class Actions. YOU AND DOCTOR ON CALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Doctor On Call agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
22.7 Modifications. In the event that Doctor On Call makes any future change to this arbitration provision (other than a change to the Doctor On Call's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Doctor On Call's address for Notice, in which case your account with Doctor On Call shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
22.8 Enforceability. If either Section 22.6 or the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23.1 below, shall govern any action arising out of or related to the Terms or your use of the Website and/or Doctor On Call Services or any part thereof.
23. Miscellaneous.
23.1 Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the Country of Jamaica or the Caribbean Court of Justice as they apply to agreements entered into and to be performed entirely within the Caribbean between Caribbean diaspora residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Doctor On Call and/or its affiliates shall be resolved by a court located in Jamaica or the Caribbean Court of Justice, except as otherwise agreed to by the parties or as described in Section 22 above. You agree to submit to the personal jurisdiction of the courts located within Jamaica or the Caribbean Court of Justice for the purpose of litigating all such claims or disputes.
23.2 Independent Contractors. You and Doctor On Call are, and will be deemed to be, independent contractors with respect to the subject matter of these Terms, and nothing herein shall be deemed or construed in any manner whatsoever as creating any employment, partnership, agency, joint venture, fiduciary or other similar relationship between the parties hereto.
23.3 No Third Party Beneficiary. You and Doctor On Call acknowledge and agree that no person or entity is intended as a third party beneficiary of the Terms.
23.4 Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
23.5 Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Doctor On Call without restriction. Any assignment attempted to be made in violation of the Terms will be void.
23.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
23.7 Entire Agreement. The Terms constitute the entire agreement between you and Doctor On Call relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms or Guidelines made by Doctor On Call as set forth in Section 6 above.
23.8 Claims. YOU AND DOCTOR ON CALL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR DOCTOR ON CALL SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23.9 Disclosures. Doctor On Call Services are offered by Doctor On Call, Inc., located at: 53, Lady Musgrave Rd Kingston-5, Jamaica, West Indies. Email:DoctorOncall@outlook.com Phone (876) 509-0836. If you are a Caribbean resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.