TERMS AND CONDITIONS
Welcome to ARDIG!
ARDIG is owned and operated by ARDIG Corp.
These are the terms and conditions for:
By using the platform and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refer to the ARDIG platform, "we", "us", "our" and "ARDIG" refer to ARDIG Corp. and "you" and "user" refer to you, the ARDIG user.
The following terms and conditions apply to your use of the platform and the services available through the platform. This includes mobile and tablet versions, as well as any other version of ARDIG accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of ARDIG. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to this terms and conditions when you use ARDIG after any such modification is posted; it is therefore important that you review this agreement regularly.
Use of the platform is permitted to persons of all ages but use of the platform by children under the age of 18 must be done in the company of their parents or one of them or with the supervision of their parents or legal guardians who shall be the only ones authorized to provide information of their child or minor in custody through the platform or services available on the platform. It is the responsibility of parents and legal guardians to supervise the use of the platform and services by their children or minors under 18 years of age and to determine whether any of the content and services offered on the platform is appropriate for their children or minors under their guardianship.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. ARDIG may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. ACCOUNT
If you register on ARDIG, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ARDIG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from ARDIG. ARDIG will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to ARDIG.
ARDIG reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if ARDIG believes that you have breached any of these terms, furnished ARDIG with false or misleading information, or interfered with use of the platform or the service by others.
3. NOTIFICATIONS AND NEWSLETTER
By providing ARDIG with your email address, you agree that we may use your email address to send you notices about ARDIG. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
4. APPOINMENTS
Users will be able to schedule appointments with our doctors through our platform. The user must select the doctor or health professional according to their specialty.
Select the date of the appointment according to the available dates in the calendar. Once the appointment date is selected, the user must complete the payment process. Please note that the charge will only be made once the doctor or health professional approves and accepts the appointment. At the time the doctor or health care professional accepts the appointment the charge will be made from your credit or debit card according to the payment information provided during the appointment scheduling process.
By scheduling an appointment through the platform, the user offers to purchase the service for the price advertised and indicated on the platform at the time of scheduling the appointment. Once the doctor or healthcare professional accepts and approves the appointment, ARDIG will send an email with the corresponding appointment information including instructions to virtually access the appointment on the day and time scheduled during the scheduling process.
ARDIG may cancel any appointment and may change or discontinue appointment availability at any time at its sole discretion. If an appointment is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
5. PAYMENTS
Payment for services must be made during the appointment scheduling process. Services can be paid through “Stripe” (payment processor available on the website). Payment for the corresponding appointment or service will be charged to your credit or debit card once the doctor or healthcare professional accepts and approves the appointment. Once the transaction is processed, we will send you an electronic receipt of the transaction to the email address you provide during the appointment scheduling process. Users will be able to view transactions made through our services and will be able to review pending and past appointments in the payment section of the website.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment information will be processed and stored securely and for the sole purpose of processing the purchase of services. ARDIG reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of services.
6. DISCLAIMER
ARDIG is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of communications established through the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claims or actions exempts ARDIG from any liability.
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that ARDIG does not guarantee any results, benefits or failures as a result of using our platform. You acknowledge and agree that your ultimate success or failure in using the platform and the functionalities available on the platform will be the result of your own efforts, your particular situation and other circumstances beyond ARDIG's control.
7. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
8. LICENSE TO USE THE PLATFORM AND SERVICES
ARDIG grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform that ARDIG provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefit of the services provided by ARDIG, in the manner permitted by these terms. You may not copy, modify, distribute, sell or rent any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission.
You agree not to use the website and services in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that may damage the image, interests or rights of the ARDIG website or third parties.
This service prohibits the sending of messages or mass e-mails that: (1) Any messages that are categorized as SPAM. (2) Have harassing, abusive, defamatory, obscene, bad faith, unethical or otherwise unlawful content (3) Distribute Trojan horses, viruses or other malicious computer software (4) Are intended to commit fraud, impersonation, impersonation, impersonation, (5) distribute intellectual property without having ownership or a license to distribute such property (6) violate, in any way, the terms of service, privacy policy or rules of this website or the recipients.
ARDIG reserves the right to terminate your access immediately, with or without notice, and without liability to you, if ARDIG believes that you have violated any of these terms or interfered with use of the website or services.
All materials on ARDIG, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ARDIG or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on ARDIG are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without ARDIG prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize ARDIG or any part of the material for any purpose other than its intended purposes is strictly prohibited.
10. COPYRIGHT INFRINGEMENT
ARDIG will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). ARDIG respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
· A statement that specifically identifies the location of the infringing material, in sufficient detail so that ARDIG can find it on the platform.
· Your name, address, telephone number and email address.
· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
· An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
11. USER CONTENT
Some features of the platform may allow users to provide information. The user retains all rights it may have over the content and information it provides through the platform. ARDIG is not responsible for the accuracy, security or legality of the information provided by the user through the platform. The user is solely and exclusively responsible for its content and information. By providing content and information through the platform, the user grants ARDIG a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of providing the services and functionalities available on the platform.
12. HIPPA AND CONFIDENTIAL INFORMATION
ARDIG complies with the regulations contained in the Health Insurance Portability and Accountability Act (HIPPA) with respect to individually identifiable health information, known as protected health information, that users provide through the platform.
Healthcare professionals have a duty to take reasonable steps to preserve the confidentiality of personal health information that users provide through the platform. All health-related information provided by users through the use of the platform will be treated as confidential information and will not be disclosed unless the user expressly authorizes disclosure.
Health-related information provided by users through the platform will be treated as confidential and will be treated in accordance with the following regulations contained in the Health Insurance Portability and Accountability Act (HIPAA):
· In accordance with the Health Information Privacy Act (HIPAA), which specifies the following:
· Everyone should be able to see and obtain copies of his or her medical records and request that any errors they may contain be corrected.
· Any person legally authorized to make health care decisions on behalf of another person who lacks capacity to do so has the same right of access to private health information as the person in question.
· Health care professionals must regularly disclose how they ensure the confidentiality of medical information.
· Health professionals may share an individual's medical information, but only among themselves and only to the extent necessary to provide necessary care or to manage payment for treatment.
· Personal health information may not be disclosed for marketing purposes.
· Health care professionals must take the necessary precautions to ensure the confidentiality of their communications with the patient.
With respect to the use of the platform as a user, ARDIG complies with the regulations contained in the HIPPA and in accordance with the following provisions:
· Information provided by users through the platform will be hosted and stored by the Google Cloud and Cloud Firestore service. All content and information provided by the user through the use of the platform is encrypted at rest in Google Cloud Platform and Cloud Firestore. Security and compliance measures to facilitate HIPAA compliance are deeply integrated into the Google Cloud and Cloud Firestore security infrastructure and design.
· Our website or platform has an SSL certificate which encrypts the information that the user provides through the use of our platform. The user can check the security of the website and the existence of the SSL certificate by clicking on the padlock icon next to the navigation bar.
· The SSL certificate encrypts all the information that the user provides through the platform including the information provided through the web forms.
· ARDIG uses the Paubox email service to send emails to our users. Paubox is an email service specializing in HIPPA compliance. Emails sent through the Paubox service are encrypted to ensure the filtering of information.
· Patient data will only be displayed to logged-in physicians and to physicians who have an appointment with that patient. After several minutes of inactivity, the session is logged out and the user must log back in.
· PHI is only accessible to authorized persons and for the sole and exclusive purpose of providing the platform functionalities correctly.
· Backup and restore of PHI is provided by Firestore Database.
Users may file complaints about the privacy practices of health care professionals (directly with the health care professional or with the appropriate government agency, in the case of the United States with the Office for Civil Rights of the Department of Health and Human Services).
13. PERSONAL DATA
Any personal information you submit in connection with the use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to ARDIG or licensed to the ARDIG by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
· Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by ARDIG.
· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Deep-link to any portion of the services for any purpose without our express written permission.
· "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ARDIG in connection with the services.
· Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
15. DISCLAIMER OF WARRANTIES
ARDIG will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet ARDIG provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those websites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse ARDIG for any loss or damage caused as a result.
ARDIG will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, ARDIG excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ARDIG and ARDIG shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the platform.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from ARDIG.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
16. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by ARDIG for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
17. THIRD PARTIES
Through your use of the platform and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where ARDIG provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that ARDIG are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify ARDIG from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· Your breach of this agreement or the documents referenced herein.
· Your violation of any law or the rights of a third party.
· Your use of the ARDIG platform.
19. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
20. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ARDIG without restriction.
21. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by ARDIG, shall constitute the entire agreement between you and ARDIG concerning and governs your use of the platform.
22. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and ARDIG, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. ARDIG may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of the United States, specifically the courts located in the State of Florida, shall have jurisdiction over any dispute, controversy or claim relating to ARDIG and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Florida.
23. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the ARDIG platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
24. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
ARDIG Corp.
(Insert contact information, email, phone, etc.)