These terms and conditions of use (“Terms of Use”) apply to healthcare and content providers and govern their use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Rated Doctor Limited , including the
www.rateddoctor.com website (the “Site”) and the services available to users through the Site (“Services”). “Providers” “You” “your” and similar terms refer to healthcare and content providers who access or use the Site and/or Services. Your compliance with these Terms of Use is a condition to your use of the Site and/or Services.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. BY ACCEPTING THESE TERMS OR BY ACCESSING THE SITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE INCLUDING THE PRIVACY POLICY REFERENCED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS OF USE, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE OR USE THE SERVICES.
Please also review the RatedDoctor.com privacy policy. It contains a description of our privacy practices and policies, including how we collect and handle your information. It is incorporated in and is a part of these Terms of Use. If you use the Site or Services, you are also accepting the Privacy Policy.
These are the rules to use this site, our Terms of Service or Terms of Use. Also, be sure to read our Privacy Policy to understand the details of how we use the data we may collect about you. If you don’t like or agree to these Terms of Use and or our Privacy Policy, do not use our Site or Services.
1. Ownership Of The Site
All pages within this Site and any material made available by RatedDoctor.com for download are the property of RatedDoctor.com, or its licensors or suppliers, as applicable. The Site is protected by the United Kingdom and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by RatedDoctor.com. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of RatedDoctor.com without our express written consent.
2. Providers (Doctors, Dentists, Allied healthcare professionals, Optometrists, Physiotherapists, Psychologists, Dietitians, Podiatrists)
To be a healthcare provider using the Site (“Provider”) you must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to you as a healthcare provider or other professional using the Site. Your relationship with the RatedDoctor.com users (including your patients/clients) is directly between you and the patient. The patient will never have a physician-patient relationship with RatedDoctor.com
RatedDoctor.com does not practice medicine or any other licensed profession and offers no medical or other professional services. Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and RatedDoctor.com shall have no liability whatsoever to Provider concerning any amounts owed by any patient or other consumers to Provider.
If you use our Site to provide services to others we call you a “Provider”. You agree to do so in a legal way and follow all rules and regulations you are governed by. RatedDoctor.com does not provide services to your patients, clients, or anyone other than you the Provider.
3. Independent Professional Judgment and Indemnification
The Provider will use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider and its personnel offer to patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider releases Rated Doctor limited and waives all potential claims against Rated Doctor limited as a result of the Provider’s use of the Site and Services, and the provision of services to Provider’s patients. As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold RatedDoctor.com harmless from any claim by or on behalf of any patient of Provider or its personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Rated Doctor limited, regardless of the cause if such claim arises for any reason whatsoever, out of the use or operation of the Site and Services. To the extent applicable, Provider will obtain Rated Doctor limited’s prior written consent to any settlement or judgment in which Provider agrees to or which otherwise provides or implies any finding of fault of Rated Doctor limited or any defect in the Site or Services. Rated Doctor limited will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense at Providers expense. Rated Doctor limited reserves the right to appear and defend any actions in which it is named as a party. Provider agrees to pay and reimburse Rated Doctor limited costs and expenses (including reasonable attorney’s fees) incurred in connection with such a suit.
If you, your patients or any third party seeking to recover any sums from Rated Doctor limited arising from your use of RatedDoctor.com or treatment you provide a patient while using RatedDoctor.com, you will be solely responsible and pay any such sums.
4. Virtual Waiting Room
The Services available through the Rated Doctor limited includes a virtual waiting room (“Virtual Waiting Room”). Just like the waiting room in a physical office, anyone can enter your Virtual Waiting Room. As such, content posted on your Virtual Waiting Room is available to and can be viewed by anyone who enters. The Site provides you with the ability to post content on and links to other sites through the Virtual Waiting Room. The content which you post on your Virtual Waiting Room and the links to other sites you make available on your Virtual Waiting Room is yours and yours alone. Provided that the content posted is not in violation of Section 1 of these Terms of Use, Rated Doctor limited will not claim any rights or interests in such content. By posting such content or links, you agree to be solely responsible for such content and links and agree to defend, indemnify and hold Rated Doctor limited harmless as provided in Section 11, below.
5. Electronic Communications
You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.
6. Site Access; Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or violation of applicable law.
If you are under 16 years of age, you may not access the Site or use the Rated Doctor limited Services.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Rated Doctor limited will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
In the event access to the Site or a portion, thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by RatedDoctor.com. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activities occurring under your user ID. Your access to the Site may be revoked by RatedDoctor.com at any time with or without cause. You agree to defend, indemnify and hold RatedDoctor.com harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Rated Doctor limited arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
7. License and Access
Subject to your compliance with these Terms of Use and your payment of any applicable fees, Rated Doctor limited or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Rated Doctor limited services. In the event you have entered into a separate Platform Subscription Agreement with RatedDoctor.com (the “Subscription Agreement”), the terms of the Subscription Agreement shall also apply to your use of the Site and the Services. In the event of a conflict between the Subscription Agreement and these Terms of Use, the terms of the Subscription Agreement shall prevail. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Rated Doctor limited or its licensors, suppliers, publishers, rights holders, or other content providers. No RatedDoctor.com Service, nor any part of any RatedDoctor.com Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by Rated Doctor limited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rated Doctor limited without express written consent. You may not use any meta tags or any other “hidden text” utilizing RatedDoctor.com name or trademarks without the express written consent of Rated Doctor limited. You may not misuse the Rated Doctor limited Services. You may use the Rated Doctor limited Services only as permitted by law. Your access to the Site and Services and the licenses granted by Rated Doctor limited may be terminated by Rated Doctor limited if you do not comply with these Terms of Use.
8. Termination of Account by the Provider
If you desire to terminate your account, you must log in to your account and delete it under account settings. Rated Doctor limited will not delete your account by virtue of your email alone. If you are in the EU you may also follow the directions on our Privacy Policy to delete data.
9. Accuracy and Integrity of Information
Although Rated Doctor limited attempts to ensure the integrity and accuracy of the Site RatedDoctor.com and the Content on the Site RatedDoctor.com, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site, RatedDoctor.com could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Rated Doctor limited so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Rated Doctor limited shall have no responsibility or liability for information or Content posted to the Site from any non-RatedDoctor.com affiliated third party. This includes any information, content or links posted on a provider’s Virtual Waiting Room.
10. Links to Other Sites
RatedDoctor.com makes no representations whatsoever about any other website that you may access through this Site. When you access a RatedDoctor.com site, please understand that it is independent of RatedDoctor.com, and that RatedDoctor.com has no control over the content on that website. In addition, a link to a non-RatedDoctor.com website does not mean that RatedDoctor.com endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
11. Provider Agreements and Other Content
If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, (including but not limited to content post on or through links available on your Virtual Waiting Room), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is solely responsible for obtaining all necessary agreements and consents from and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to RatedDoctor.com that you have the legal right and authorization to upload all Provider Content at the Site and any Provider Content posted to a Virtual Waiting Room. Except with respect to the Provider, content posted to a Virtual Waiting Room, Provider Content RatedDoctor.com shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however RatedDoctor.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. RatedDoctor.com is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you or anyone else any compensation for any Provider Content; or (3) to respond to any Provider Content. For purposes of clarity, provided that it does not violate Section 1, above, RatedDoctor.com does not claim any interest in or rights to Provider Content posted to a provider’s Virtual Waiting Room. Providers are solely responsible for Provider Content posted to the provider’s Virtual Waiting Room.
RatedDoctor.com does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant RatedDoctor.com the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers – including content posted to your Virtual Waiting Room. RatedDoctor.com and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
You agree to defend, indemnify and hold RatedDoctor.com harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by RatedDoctor.com arising out of any Provider Content you post or allow to be posted to the Site or a Virtual Waiting Room.
12. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
RatedDoctor.com respects the intellectual property rights of others and expects its users to do the same. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
13. Disclaimer of Warranties
RATEDDOCTOR.COM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. RATEDDOCTOR.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. RATEDDOCTOR.COM DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
14. No Provision of Advice or Services
As part of the Services, RatedDoctor.com provides a platform for a Provider to communicate with consumers, potential consumers, patients, and potential patients. RatedDoctor.com does not provide any medical advice or professional, legal advice, or representations in any way regarding any medical, professional or legal issues associated with Provider, goods or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The Provider should seek its own legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Site or Services in determining Provider’s compliance obligations under the law. The Provider and RatedDoctor.com agree that RatedDoctor.com is not providing any medical advice or legal advice to Provider or any patient, client or, a customer of Provider or to anyone else who may access the Site or use the Services.
We are not a healthcare provider, lawyer or other licensed professional, so do not ask us for medical, professional or legal advice.
15. Limitation of Liability Regarding Use of Site
RATEDDOCTOR.COM AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
16. Revisions; General
These Terms of Use (including the Privacy Policy) constitute the entire agreement between RatedDoctor.com and you pertaining to the subject matter hereof. In its sole discretion, RatedDoctor.com may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Your use of the Site signifies your agreement to such revisions.
RatedDoctor.com reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
17. Refund Policy
Our goal is for you to be successful when using RatedDoctor.com for telemedicine, but we understand that technology doesn’t always cooperate or that other issues can arise, and as a result, we’ve made our Refund Policy as simple as possible.
18. Shared Security Responsibilities
This site is meant to help transmit sensitive data and we’ve done our best to protect that data in our hands. But you are also a part of the solution: use a strong password; do not share your login credentials; update your software regularly; install and use anti-virus and firewall software; do not use RatedDoctor.com, in a public place.
