Medint is an online based platform, designed for enabling individuals who were diagnosed with a complicated illness to engage in personal health research services, through a website located at https://www.medintcare.com/ or https://www.heb.medintcare.com/ (“Website”) and a special web platform for Researchers and Patients located at https://www.portal.medint.io (“Platform”).
Our goal is to provide the Patient (as defined below) and his/her caregivers with information assisting them in making the optimal decisions in the course of the Patient`s medical journey.
The use of the Platform as a patient or his/her caregivers is also subjected to (iii) Consent to Medint’s Service Disclaimer (“Service Disclaimer”) as detailed in the Platform.
PLEASE READ THE FOLLOWING CAREFULLY, as entering the Website constitute your consent and acknowledgement to these Terms. If You do not agree to be bound by these Terms do not access the Website. The purpose of these Terms is to regulate the relationship between: (i) Medint Medical Intelligence Ltd. (“Medint”, “Company”, ”We”, ”Our” or “Us”), which is the owner and operator of the Website and the Platform; and (ii) the customers wishing to contact the Company for receiving Services (as defined below), through the Website and the Platform (“Customer” or “Customers”), and can be either the Person for which the Services are to be provided (“Patient”), or anyone on Patient`s behalf who: (a) received Patient`s express consent to contact Us; or (b) is Patient`s Authorized Person (as defined below). The Customer may also be referred to herein as “You” or “Your”.
1.1. The Customer shall be requested to leave his/her contact details (name, phone number and e-mail address) in the Website, for purpose of allowing the Company`s professional representative (“Representative”) to contact him/her (“Contact Request”).
1.2. Following receipt of the Contact Request, the Representative shall contact the Customer as per the details left in the Callback Request (“Initial Contact”). During the Initial Contact, the Representative shall receive from the Customer possible description of the Patient`s medical condition and will explain the essence of the Company`s Services, including costs and methods of payment.
1.3. Insofar as the Customer expressed interest in engaging with the Company for purpose of receiving the Services, the patient would be required to approve the Company’s Service Disclaimer. The Service Disclaimer executed by the Patient (or by the Authorized Person, as the case may be) shall be kept by the Company in a highly-secured database, to which limited access will be granted for delineated purposes solely to designated officers of the Company, for the duration of the applicable statute of limitation period.
1.4. Authorized Person- To the extent the Patient is unable to execute the Service Disclaimer and an authorized party or legal guardian of the Patient (“Authorized Person”), is executing this Service Disclaimer on Patient`s behalf, such Authorized Person: (i) represents and warrants to the Company that he/she is authorized to execute the Service Disclaimer on Patient`s behalf, and entitled to furnish the Company with the medical information; and (ii) waives any claim and/or demand from the Company regarding engagement under this Service Disclaimer, including provision of the Services in accordance therewith.
1.5. After: (i) Approving Medint’s Service Disclaimer by the Patient (or by the Authorized Person, as the case may be); and (ii) insertion of payment details, and receiving a payment confirmation, the Patient (or the Authorized Person, as the case may be) shall be requested to upload to the Platform relevant medical records of the Patient, including information regarding the physical condition of the Patient, such as diagnosis, illness stage, background illness, known allergies, and psychological treatment, required for the purpose of providing the Patient with the Services (jointly, the “Medical Information”).
1.6. Each Patient will be assigned a personal health researcher on behalf of the Company (“Researcher”), who will be responsible for conducting the research in accordance with Patient`s Medical Information and the specific predetermined areas of research. The Researcher may contact the Patient (or the Authorized Person, as the case may be), during the course of the research, for additional questions and clarifications.
1.7. Once the Researcher finished the research as per the Medical Information provided by the Patient (or by the Authorized Person, as the case may be) in respect of the Patient`s case, the Patient will receive a final report summarizing the Researcher`s findings, (“Final Report”).
1.8. The provision of Services could be done in various ways, including by using Medint’s proprietary technology and methodology.
1.9. Medint may offer the Patient, after payment of an additional fee beyond the consideration paid for the Final Report: (i) additional updates from Medint from time to time regarding the Patient’s illness; and (ii) an additional queries service, in the framework of which the Patient (or the Authorized Person, as the case may be) will be entitled to contact case Researcher after the Communication Period, and request that the Researcher review follow up questions regarding the original case and/or the Final Report (“Additional Services”). The Final Report and the Additional Services shall be jointly referred to herein as the “Services”.
1.10. The Final Report is provided to the Customer as a summary of a research performed in accordance with the specific request of the Patient and on the basis of the Patient’s Medical Information.
1.12. Liability for all credit card issues, including clearing, settlement and the agreements related thereto, are to be regulated between the Customer and his/her credit card carrier. We will bear no responsibility and/or liability for any such issues, including the use of a stolen credit card and/or charge-backs. In any such event, the Customer is required to contact his/her credit card carrier.
2.1. If you decide to pay for use of our Service, you represent and warrant that when you make any payments to the Company for use of our Service:
2.1.1. You agree to pay the fees at our then-current prices as posted on our Services section, including any applicable taxes.
2.1.2. You agree to provide true and complete payment information;
2.1.3. You agree that fee will be honored by your bank or credit card company;
2.1.4. You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
2.2 Company will hold payment charges until the earlier of the following: (i) actual commencement of research (ii) 30 days from the provision of the payment details unless the Patient has asked to terminate this agreement by providing a written notice to the Company. Upon processing the payment, the Consideration is non-refundable even if Patient (or the Authorized Person, as the case may be) decided to terminate the agreement.
2.3. The Company may terminate the services with no remuneration, upon the occurrence of any of the following events: (a) any material breach of Patient`s undertakings hereunder which, to the extent such breach is curable, has not been cured by the Patient (or by the Authorized Person, as the case may be) within seven (7) days after receiving notice thereof from the Company containing a description of the breach; or (b) any breach of Patient`s undertakings hereunder which, to the extent such breach is curable, has not been cured by the Patient (or by the Authorized Person, as the case may be) within fourteen (14) days after receiving notice thereof from the Company containing a description of the breach.
3.1 The Website, Platform and/or the Services may contain information about medical conditions and treatments. The information does not intend to consist medical advice and should not be treated as such
3.2. Medint and its Researchers are committed to diligent research, however, given the nature of the Services, We cannot warrant that the Services provided to You will be complete, reliable, accurate, useful or meet Your requirements. Any medical information on the Website, Platform and/or the Services is provided without any representations or warranties, express or implied. The Company does not warrant that the information on the Website, Platform and/or the Services is complete, accurate or up-to-date.
3.3. The Company does not advise to rely on the information on the Website, Platform and/or the Services as an alternative to medical advice from M.D`s or other healthcare professionals. If You have any specific questions about any medical matter You should consult Your M.D or other healthcare professional.
3.4. Using the Website, Platform and/or the Services means You agree and acknowledge that the Services shall not be deemed to be considered as a source of all information on a particular topic nor seen as a substitute for professional advice, diagnosis, prescription or treatment from M.D`s or other proper medical counsel provided by certified healthcare professionals. Although the Final Report provides important information, it does not provide medical recommendations and/or advice, and the Patient (or the Authorized Person, as the case may be) is urged to consult with an M.D prior to making any decision.
3.5 Medint provides, in the framework of the Services, information and insights regarding the Patient’s medical situation, however, such information and insights is neither intended nor aimed at endorsing any specific tests, products, procedures (including any clinical trials), opinions or other information that may be mentioned as part of the Services and/or in any Final Report. Reliance on any information provided by Medint or by anyone on its behalf, including the Researchers, is solely at Your own risk.
4.1. The Website may include links to third-party websites or features. Links to third-party websites or features may be also included in commercials, images or comments within the Website. The Website may also include third-party content. We do not control any of these third-party content.
5.1. Certain parts of the Website, such as the Blog section, offer the opportunity for the Customer to post and exchange opinions, information, material and data (“Comments”). Medint does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Medint (or anyone on its behalf), including its affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Medint shall not be responsible or liable for the Comments or for any loss, cost, liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website.
5.2. Medint reserves the right to monitor all Comments and to remove any Comments which it considers, in its absolute discretion, to be inappropriate, offensive or otherwise in breach of these Terms.
5.3. You warrant and represent that: (i) You are entitled to post Comments on the Website; (ii) the Comments do not infringe any intellectual property rights or other proprietary rights of any third party; (ii) the Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; and (iv) the Comments will not be used to solicit or promote commercial or unlawful activities.
5.4. You hereby grant to Medint a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.
6.1. You agree to comply with all laws, rules, and regulations applicable to Your use of the Website, Platform and/or the Services. We will not be liable for any act or omission of You and/or other Customers in respect of compliance with or infringement of applicable laws.
6.2. You are over 18 years of age. Please do not use or access our Platform if you are under the age of 18. If you are a parent or guardian and discover that your child under the age of 18 has obtained a Company account, then you may alert Company at the address below and request that we delete that child’s personal information from our systems.
6.3. You may not do any of the following through the Website, Platform and/or the Services: (1) post violent, nude, discriminatory, unlawful, infringing, rude, blunt, violent, racist, hateful, pornographic or sexually suggestive photos or other illegal content; (2) defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities; (3) use the Website, Platform and/or the Services for any illegal or unauthorized purpose; (4) use any device, software, instrument, robot, spider, malicious code, virus, worm, Trojan horse, spyware, malware or other technologies, devices or manual processes to: (i) monitor, scrape or copy the Website and/or the Platform or the Content; or (ii) interfere, interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the Website and/or the Platform. If You do any of the above actions, We reserve the right to immediately terminate Your use of the Website, Platform and/or the Services. Any action contrary to the foregoing clauses will constitute a material breach of these Terms, with all the implications of such breach.
6.4 We own and retain all rights and title in the content of the Website, Platform and/or the Services, including the Medint name and logo, page headers, custom graphics, button icons . We6.4and other custom features and/or trademarks (“Content”). No license or right in the Content and/or in the Website and/or the Platform, or in any part thereof, is implied or granted to You, except for: (i) a right of use (subject to all provisions of the Agreement), in consideration for the applicable payment, in the Final Report; and (ii) the Medical Information, which is Patient’s personal information furnished to Us in order to provide the Services, and held by Us in compliance with applicable law and in accordance with the Service Disclaimer. You undertake that You will not display, publish, distribute, transmit, reproduce, modify, reverse engineer, adapt, prepare derivative works, broadcast, sell, license or otherwise exploit the Content.
6.5 You undertake that You will not perform, either directly or indirectly, any action or omission which may in any way affect the validity or enforceability of, or otherwise infringe or misappropriate any of Our rights, titles . You6.5and interests in and to the Website and/or the App, and/or the Content.
We and anyone on Our behalf, including employees, Researchers, shareholders, directors, managers, officers or consultants (collectively, the “Medint Parties”), hereby disclaim all warranties, express or implied, including, but not limited to, merchantability, fitness for a particular purpose, non-infringement or title regarding the Website, Platform and/or the Services. In addition, and to the fullest extent permissible by law, the Medint Parties make no representations or warranties, express or implied, as to the: (a) Website, Platform and/or the Services, including their compliance with applicable laws in any particular jurisdiction; (b) Content; or (c) Website and/or the Platform being error-free, uninterrupted or free from any harmful components; or (d) accuracy, completeness or usefulness of the information (including any instructions) on the Website and/or the Platform.
8.1. The Medint Parties will not be liable for any loss or damages of any kind (including, without limitation, for any direct, indirect, exemplary, special, punitive, incidental or consequential losses or damages), whether in contract, negligence, strict liability or tort, including, without limitation, loss or damage related to: (a) Website, Platform and/or the Services; (b) Content; (c) any action taken in connection with an investigation by Us or by law enforcement authorities regarding Your use of the Website and/or the Platform; (d) any action taken in connection with intellectual property rights; or (e) any errors or omissions in the Website`s and/or the Platform`s operation, even if foreseeable or even if the Medint Parties have been advised of or should have known of the possibility of such damages.
8.2. In no event will the Medint Parties be liable to You or to any third party for loss, damage or injury, including, without limitation, death or personal injury, unless such cannot be excluded or limited under applicable law. In no event will Medint Parties` total liability to you for all damages, losses or claim exceeds the amount You paid to the Company for the Services you have been ordered.
9.1. You and anyone acting in Your name and on Your behalf, agree to defend, indemnify and hold the Medint Parties harmless from and against any claims, liabilities, damages, losses and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) access to or use of the Website, Platform and/or the Services; (ii) breach or alleged breach of these Terms; (iii) violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental, administrative and legislative authorities; or (v) any misrepresentation made by You. You will cooperate as fully required by the Medint Parties in the defense against any such claim. The Medint Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not, in any event, settle any claim without the prior, written consent of the Medint Parties.
10.1. Medint does not undertake that use of the Website, Platform and/or the Services will be available at all times, or without disruptions and/or be immune to damage, malfunctions or software failures, however, Medint will make every effort to resolve any malfunction as expediently as possible.
10.2. Medint is entitled to shut down the Website and/or the Platform and to change it from time to time, including the availability of the Services, without prior notice. We will bear no responsibility and/or liability for any damages caused to You and/or to any third party, from changes, suspension and/or cancellation of the Services.
10.3. We are entitled to change and update the Terms from time to time, at Our sole discretion, without having to provide notice thereof. You are solely responsible to become acquainted with such changes affected to these Terms.
10.4 Use of the Website, Platform and/or the Services, are subject to Israeli Law. The sole jurisdiction for any matter relating to the Terms of the Website, Platform and/or the Services, is vested in the competent courts in Tel-Aviv.
Last updated on November 25th, 2019
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