Terms of Service

Our services are provided through the Site (which may include Mobile Applications), which is a tele-health online solution that allows participating medical professionals and health care staff ("Healthcare Providers" or "Providers") to communicate with their clients and patients ("Patients") to provide health care services online and perform virtual house calls via a secure Internet connection (the "Services"). We are not a medical service provider, health insurance company, or licensed to sell health insurance.

The Services are not intended for use by health care providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient.

USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL, SURGICAL OR ANY OTHER HEALTH EMERGENCY please call EMERGENCY SERVICE HOTLINE 999 or contact the nearest hospital.

While the Services may provide access to certain general medical information, and also allow patients to communicate with health care providers, the Services we provide cannot and are not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTH CARE PROVIDER'S ABILITY TO USE OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT HEALTH CARE PROVIDER BY ODAKTER.

To the extent medical advice is provided to you by a health care provider through the Services, such medical advice is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your health care provider is not under the control of oDakter, nor is it provided to or used by oDakter.

oDakter can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by providing a notice on the Site. By using this Site after oDakter has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

oDakter may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold oDakter liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient's responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).

If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). oDakter has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality of your patients. You will be asked to enter a HIPAA business associate agreement with oDakter.

We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.

In the course of accessing and/or using the Site and the Services, we may obtain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services and/or the Site, and/or if you register for an account, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and the Services.

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless oDakter if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the oDakter or the Site.

oDakter provides content through the Site that is copyrighted and/or trademarked work of oDakter or oDakter's third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, oDakter hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

As a visitor, you can view, visit and browse through the Site. You need not register with oDakter to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.

However, in order to access the Services and Materials offered on and through the Site, you must register with oDakter for an account and receive a password. Registered Users can be Patients or Healthcare Providers. To be able to use and access the Services, Providers shall contract separately with oDakter, create a "Provider Account" and then invite Patients to join the Provider's oDakter practice.

(a) Password Restricted Areas of this Site — To register for an account with oDakter, you must submit required information through the account registration page on the Site. Providers must supply practice details, personal information, and credentials. Patients must supply personal information including name, date of birth, gender, address, and contact details. Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information.

Once you have created your oDakter account, you are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password. You agree to notify oDakter if your password is lost, stolen, or if you are aware of any unauthorized use. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.

All the information that you provide when registering must be accurate, complete and up to date. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms.

(b) Beta Version of the Site — If you register for a beta account or other pre-release version of the Site, you acknowledge that the Beta Release may contain more or fewer features or different licensing terms than a subsequent commercial release. oDakter may offer conversion of any "beta account" to a commercial release version account upon the Public Launch Date. Any Beta Release is not considered suitable for commercial use and may contain errors. oDakter SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

(a) Subscriptions — By registering for an account with oDakter, you become a "Registered User" with access to certain password-restricted areas of the Site (a "Subscription"). Each Subscription and the rights and privileges provided to a Registered User is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. All Subscription fees are non-refundable under any circumstances.

The fee charged for your Subscription will be the price detailed in your Order Form. oDakter reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Notwithstanding the foregoing, oDakter shall notify Registered Users of any price changes thirty (30) days prior to any change.

IMPORTANT NOTICE: oDakter WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH ANNIVERSARY DATE AND WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING oDakter AT odakterbd@gmail.com. ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.

(b) Purchases — If applicable, you agree to pay all fees or charges to your account based on oDakter's fees, charges, and billing terms in effect as detailed in your Order Form. If you do not pay on time or if oDakter cannot charge your credit card or other payment method for any reason, oDakter reserves the right to either suspend or terminate your access to the Site and account.

oDakter may make available Mobile Applications to access the Site via a mobile device. oDakter hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, or distribute the Mobile Application to any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, or disable security-related features; or (v) delete copyright and other proprietary rights notices on the Mobile Application.

The following additional terms apply with respect to any iOS App: your use of oDakter's iOS App must comply with Apple's then-current App Store Terms of Service. oDakter, and not Apple, are solely responsible for the iOS App and the Services. Apple has no warranty obligation with respect to the iOS App.

The following additional terms apply with respect to any Android App: your use of oDakter's Android App must comply with Google's then-current Android Market Terms of Service. oDakter, and not Google, are solely responsible for the Android App. Google has no obligation or liability to you with respect to oDakter's Android App.

The Services may include and make use of certain functionality and services provided by third-parties that allow oDakter to include maps, geocoding, places and other Content from Google, Inc. ("Google") as part of the Services (the "Geo-Location Services"). Your use of the Geo-Location Services is subject to Google's then current Terms of Use for Google Maps/Google Earth and Google's then current privacy policy.

This Site may be linked to other web sites that are not oDakter sites (collectively, "Third-Party Sites"). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions than oDakter, and your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions.

oDakter is providing links to the Third-Party Sites to you as a convenience, and oDakter does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT oDakter WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES.

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission"). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you.

Unless otherwise explicitly stated herein or in oDakter's Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to oDakter a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions.

When using this Site and/or the services, you agree not to: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images; post anything that exploits children or minors or that depicts cruelty to animals; post any copyrighted or trademarked materials without the express permission from the owner; disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or 'pyramid schemes'; use any robot, spider, scraper or other automated means to access the Site; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; alter the opinions or comments posted by others; or post anything contrary to our public image, goodwill or reputation.

oDakter reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that oDakter determines is inappropriate or disruptive to this Site or to any other user of this Site.

oDakter is a trademark of oDakter. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of oDakter. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

oDakter respects the intellectual property rights of others, and we ask you to do the same. oDakter may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

(a) DMCA Notifications — If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide oDakter's designated agent with: (i) a physical or electronic signature of a person authorized to act on behalf of the owner; (ii) identification of the copyrighted and/or trademarked work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information to permit oDakter to locate the material; (iv) contact information for the complaining party; (v) a statement of good faith belief that use of the material is not authorized; and (vi) a statement that the information in the notification is accurate, under penalty of perjury.

(b) Submitting a DMCA Counter-Notification — We will notify you if we have removed or disabled access to copyright-protected material that you provided. If you receive such notice from us, you may provide us with a counter-notification in writing to oDakter's designated agent that includes: your physical or electronic signature; identification of the material that has been removed; a statement under penalty of perjury that you have a good faith belief the material was removed by mistake; and your name, physical address and telephone number.

(c) Termination of Repeat Infringers — oDakter reserves the right, in its sole discretion, to terminate the account or access of any user who is the subject of repeated DMCA or other infringement notifications.

Your use of this Site is at your own risk. Materials and Submissions have not been verified or authenticated in whole or in part by oDakter, and they may include inaccuracies or typographical or other errors. oDakter does not warrant the accuracy or timeliness of the Materials or Submissions contained on this Site.

oDakter, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

oDakter is not a healthcare provider. The content on the Site and the Services are designed to support, not replace or intervene in, the relationship that exists between you and your health care provider. Any information contained on the Site is not to be construed as medical recommendation, or as professional advice. The Site is not intended for medical diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider. Never disregard medical advice or delay seeking it because of something you have read on the Site.

oDakter SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL oDakter BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF oDakter KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

oDakter controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

If you send or transmit any communications, comments, questions, suggestions, or related materials to oDakter, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, Services or Materials, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and oDakter is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property contained in the Feedback for any purpose whatsoever.

These Terms will be subject to and construed in accordance with the laws of the State of Arizona, United States of America excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against oDakter must be resolved exclusively by a state or federal court located in the State of Arizona, except as otherwise agreed by the parties or as described in the Arbitration subsection below.

Arbitration — For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that oDakter may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event oDakter elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure initiated through an established alternative dispute resolution ("ADR") provider chosen by oDakter.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from oDakter. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with oDakter. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

oDakter prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by oDakter, may result in immediate termination of your access to this Site without prior notice to you.

The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Arizona. If any of these Terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. oDakter's failure to enforce any of these Terms is not a waiver of such terms. These Terms are the entire agreement between you and oDakter and supersede all prior or contemporaneous negotiations, discussions or agreements between you and oDakter about this Site.

If you have any questions about these Terms or otherwise need to contact oDakter for any reason, you can reach us at odakterbd@gmail.com or call us at +8801715748096.