Terms and conditions
RINGDOC APP USER AGREEMENT
(TERMS AND CONDITIONS)
TABLE OF CONTENTS
I. GENERAL DESCRIPTION OF THE APP
II. USER AGREEMENT OF THE APP
III. SERVICES AVAILABLE ON THE APP
IV. ACCES AND USE OF THE APP
V. PROVISION AND CONTRACTING OF SERVICES
VI. SCHEDULING AND CANCELING CONSULTATIONS
VII. PAYMENT OF MEDICAL SERVICES
VIII. REFUNDING THE VALUE OF THE SERVICES
IX. APP ACCESS AND USAGE LIMITATIONS
X. EVALUATIONS OF SERVICES RECEIVED
XI. LINKS TO THIRD PARTY WEBSITES
XII. DISCLAIMER AND LIMITATION OF LIABILITY
XIII. DAMAGES GENERATED BY USER FAULT
XIV. COPYRIGHT, INTELLECTUAL PROPERTY
XV. TERMINATION OF THE CONTRACT
XVI. NULLITY
XVII. APPLICABLE LAW & COURT OF LAW
1. This user agreement of the Ringdoc app (herein after referred to as the “Agreement”) represents a legal agreement between yourself (“The User”) andAlo Doc App S.A., having its registered office in Bucharest, District 4, 15 Unirii Boulevard, Mezzanine, Office No. 7, Building B3 registered at the Trade Register under no. J2020008549408, tax identification number 42815298 (hereinafter referred to as „Alo Doc App SA”).
2. This Agreement governs the use of the Ringdoc app (hereinafter referred to as the “App” or “Ringdoc”), which allows the provision and contracting of remote medical consultations.
3. The provisions set forth in this Agreement, namely the App’s terms and conditions of use, apply to the relationship between AloDoc App SA and any person or entity using the App (hereinafter referred to as the “User”). For the avoidance of doubt and for the purposes of this Agreement, the user may be a Provider or a Patient, as defined in the Agreement.
4. Please read this Agreement carefully and in its entirety if you wish to use the App. Prior acceptance of the Agreement’s provisions is mandatory for the use of the app and for benefitting from the advantages, content or services available in it.
I. GENERAL DESCRIPTION OF THE APP
5. Ringdoc app is a computer program for providing, as well as contracting, remote medical consultations through secure means of communication which allow video-audio communication and confidentiality in the data transmission process.
6. The App grants the Provider the opportunity to conclude a contract for the provision of remote medical consultations in the specialty the Provider is legally authorized for.
7. The App, along with its components, except for the medical or other services provided through it, are being made available by Alo Doc App SA.
II. USER AGREEMENT OF THE APP
8. This Agreement is a contract that sets out the mandatory conditions from the legal perspective of the relationship between Alo Doc App SA and yourself
(User). By accessing and using the App with regard to the services available in it, you state that (i) you have fully read and understood the Agreement and that you agree to be bound by it; and (ii) that you have the authority to conclude this Agreement either personally or on behalf of the company or entity which you have named as User and that you undertake to be bound by the obligations imposed by these provisions or to assume them on behalf of the person or entity you are legally representing.
9. This Agreement also included the privacy policy, terms of use of the App, as well as all the other policies, rules, guidelines and terms and conditions set for the services available within the App (such as the Stripe payment processor and Twilio video-call solution), as set out therein and referred to in this Agreement (“a policy” individually and, “policies”, collectively), which are incorporated herein for reference. In case of a conflict between any of the provisions of this Agreement and one provision of any Alo Doc App SA policies, this Agreement will prevail in that particular conflict.
10. Access, view and/or use of the App by any person or entity or any of its parts or functionalities automatically creates, without any other formality, the User quality for the purposes of this Agreement and the obligation to comply with its provisions, as well as to the applicable Romanian laws and regulations. The refusal to become a User for the purposes of this Agreement calls for to the immediate termination of accessing, viewing or using the App.
11. The provisions of this Agreement, namely the terms and conditions, can be updated and /or revised periodically, so that for every use of the App the contractual provisions valid at the moment of use will apply. The User has the obligation to permanently check the provisions of this Agreement for each use, supply or contracting of services available through the Application. Your continuous use of this App after any changes to the provisions of the Agreement will constitute your consent to such changes. Alo DocApp SA assumes no obligation to notify the Users regarding any changes to this Agreement or the creation or amendment of any additional terms.
12. The content of this App, including any of its constituent pages and access interface to any of its services provided by other people through it, can be used only in keeping with the access terms and conditions mentioned in this Agreement.
13. Medical services can be provided and contracted through the App, namely remote medical consultations, in the technical conditions and predefined terms of the Application.
14. Subject to your compliance with the terms and conditions of this Agreement, Alo Doc App SA grants you a limited right to access and use the App, which cannot be sublicensed, as it is revocable and non-transferable. This limited right will allow you to access and use any content, information and related materials that may be made available through the App. Any rights that are not expressly granted by means of this Agreement are reserved to Alo Doc App SA.
15. The provision of medical services, namely of remote medical consultations, can only be made by a someone legally authorized for this purpose (referred to in this Agreement as “Provider”) who complies with the conditions mentioned in this Agreement and the Romanian laws and regulations. Medical services available through this App can be contracted by a person (referred to in this Agreement as “Patient”), who complies with the conditions mentioned in this Agreement and the Romanian laws and regulations.
16. Use of the App, namely the operation of the contraction orders, or, where applicable, the provision of medical services involves the necessary legal capacity to enter into contractual relations, and therefore, the use of the App (including the operation of any commands for the contracting and provision of services) represents a statement of the User regarding meeting the following conditions: (i) having turned 18 in case of natural persons; (ii) absence of legal capacity affecting circumstances; (iii) in case of the medical service provider or professional, the legal authorization for providing the services at the time of their provision through the Application; and (iv) the full acceptance of the provisions of this Agreement. In case any of these conditions is not met, any person must immediately stop using the App.
17. The provisions of this Agreement apply to all sections of the App, and in the event there are specific terms of use or provisions of certain sections within the App, that particular terms of use will prevail over the clauses of this Agreement that overlap to specific clauses from those particular terms of use.
18. To ensure compliance with the terms of access, view and use of the App, the User undertakes to check the terms of use of the App every time he accesses it. Using the App after access, even in the event of the User’s omissions to analyze the App’s terms of use, represents the User’s consent for the acceptance of those particular contractual clauses.
19. The User is obliged to pay all amounts due based on this Agreement, in case the amounts cannot be collected as a result of a technical error, blocked bank accounts or other causes.
III. SERVICES AVAILABLE ON THE APP
20. Through the App, Alo Doc App SA offers the Users an app, namely a computer program by means of which remote medical consultations can be contracted and, where applicable, provided, without the simultaneous physical presence of the medical staff and the Patient, for determining the diagnosis, treatment indication, monitoring certain conditions or indicating certain methods of illness prevention, in a secure way, through technology information and electronic means of communication.
21. Medical services can be provided to the Patient only by authorized medical staff and solely under the conditions displayed in the App. Medical service Providers are registered in the App and their structure can be modified at any time by Alo Doc App SA, without prior notice to the Patients.
22. The Provider of the medical consultations is a person legally authorized to provide medical services and is solely responsible for this matter.
23. To avoid any confusion or doubt, Alo Doc App SA does not provide medical services, but only provides the Users with an app by means of which remote medical consultations can be contracted and, where applicable, provided.
24. Remote medical consultations have several limitations as opposed to the simultaneous physical presence of the medical staff and Patient, and therefore the Patient accepts these limitations by means of his consent to use the App. Both the Provider and the Patient will bear in mind the mentioned limitations and will act with necessary caution in their contractual relations, complying with any applicable Romanian regulations.
25. The offer and provision procedure and, where applicable, the contracting of medical services, including the technical conditions by means of which these operations are performed are those available, predetermined and displayed in the App. The User cannot modify, adapt or complete the App or its content and cannot request the performance of such operations. However, the User may make App improvement suggestions.
26. Alo Doc App SA and, respectively, Ring Doc or any associated entity has no obligation to monitor or censor the activities from the service provision or the interaction between Provider and Patient.
27. Alo Doc App SA has the right to review the data, information and materials provided by the User by any means of communication and to remove any type of material or data that violates the laws and regulations in force, and the conditions for accessing, viewing or using the App.
IV. ACCESS AND USE OF THE APP
28. Providing and contracting medical service requires the User’s registration with his requested real, correct, current and complete personal data and the fulfillment of the legal conditions and of those mentioned under this agreement. The User explicitly grants Alo Doc App SA the right to check the documents, data and information provided by the User by any available means, in addition to the right to request User data and information deemed appropriate for using the app.
29. In order to use the App, you need to register and maintain an active User account in the App (hereinafter referred to as the “Account”).
The account registration requires sending Alo Doc App SA certain information, such as your name, company or entity name, address, e-mail address and phone number, as well as valid personal bank cards. You agree to provide and keep true, correct, complete and updated information in your account, including billing information of the services received. The User’s failure to maintain the account information exact, complete and updated, including the fact that you have registered an invalid or expired payment method, may make it impossible for you to access and use the services available in the app or may lead to the closing of your account. Alo Doc App SA has, at all times, the right to check, by any type of measures, investigations and/or steps, the accuracy, topicality and completeness of the documents, data and information provided by the User.
30. User registration and authorization of his Account may be postponed or refused whenever the necessary requested data is not provided, as well as whenever the User has a situation that generates a conflict-of-interest incompatible with the Agreement, services and security of the App or to Alo Doc App SA activity and/or to that of any entity associated to it.
31. Alo Doc App SA is not liable for any damage or effect that may be caused by the User’s erroneous declaration or completion of the data provided.
32. The User is responsible for all the activities that take place in his Account and agrees to permanently maintain the security and secrecy of his Account username and password. Unless allowed otherwise in writing by Alo Doc App SA, you can only have one account registered on the App. As a User, you cannot authorize third parties to use your Account.
33. You may not assign or otherwise transfer your Account in any other way to any other person or entity.
34. You agree to comply with all applicable regulations whenever using the App and providing or contracting the services. When creating the account or in other cases, Alo Doc App SA may request the User to provide proof of identity in order to access or use the App, and you agree that you may be denied access or use of the App should you refuse to provide proof of identity.
35. By creating an Account, you agree that the App can send you e-mail or text (SMS) messages as necessary operations for authorizing the account and/or to use certain App features or for execution purposes, in keeping with the contractual obligations generated by the provision of the contracted services. In case of account authorization, the actual data processing and authorization may take several days.
36. The user is solely responsible for obtaining Internet access in order to use the App. Fees or taxes may apply for the data used through your mobile or landline network whenever accessing and/or using the App on your device. The responsibility for these tariffs and taxes belongs exclusively to the User.
37. The User is solely responsible for purchasing, using and updating a device compatible with the App in order to access and use it. Alo Doc App SA does not guarantee nor states that the App or any part of it will work on a certain device or that is it compatible with any device, program or equipment.
38. The User is warned that the App may be affected by certain malfunctions and/or delays inherent to using the Internet and/or electronic communications for which Alo Doc App SA bears no responsibility.
39. In no event will either Alo Doc App SA or any other company associated with Alo Doc App SA be responsible for any type of related direct or indirect losses or for any type of damages that may result from (i) User’s device incompatibility with the App;
(ii) costs incurred by the User for accessing and using the App; (iii) User’s transmission of data and information for the actual provision or contracting the services available through the App; (iv) blocking the Account, App or certain App functionalities as a result of technical difficulties or errors in the App.
40. Unless otherwise explicitly provided in a separate written document, Alo
Doc App SA reserves the right to deny you access to the App, your personal Account on the App or to any service accessible by means of the App.
41. Alo Doc App SA may block access to your account or to the App in case there are fraud indicators or whenever the regulations in force, terms and conditions for using the App or any other provisions or obligations of the User are not complied with. To avoid any confusion, Alo Doc App SA may transfer, suspend, block, close and/or delete a User Account whenever that User no longer meets the conditions for using the Account and/or whenever he no longer has the right to use the Account, irrespective of the reason, or whenever an authority or entity with specific attributions may order the transfer, suspension, closure and /or deletion of the Account.
42. Alo Doc App SA and/or the entities associated with Alo Doc App SA
reserve the right to deny or eliminate images or texts posted by the User on or by means of the App and which are being displayed or available to other people or public.
V. PROVISION AND CONTRACTING OF SERVICES
43. Medical services may be provided or contracted by the User by means of his consent to establish relations with another contracting party. The User may choose, in writing, the contracting or, as the case may be, the provision of certain medical services by selecting the available options, as displayed in the App. App Users are solely liable for: (i) compatibility and proper equipment of the devices used for accessing and using the App; (ii) proper functioning of the devices used for accessing and using the App from a technical point of view; and (iii) ensuring the Internet connection and charging of the devices used for accessing and using the App.
44. The provision and contracting of medical services, respectively, via the app are charged, based on the conditions mentioned in the App or the conditions agreed upon separately in writing and explicitly by the User with Alo Doc App SA. The provision and contracting of the medical services offered is made in compliance with the applicable Romanian regulations in force which the User states to accept by means of this Agreement.The duration of a medical consultation is 20 minutes, unless mentioned otherwise in the App, starting from the scheduled time or consultation log in, in case of an unscheduled consultation. The Patient’s delayed entry in the scheduled consultation does not grant the right to extend the duration of the consultation beyond its initial end time.
45. The User contracts the medical service for himself or for the persons whose legal representative is the User (his own children, minors under guardianship, etc.). Contracting medical services for other persons or for intermediation either free or not, is forbidden. The contracting of the services is made, as a rule, by scheduling a consultation or, where applicable, by direct call to the Provider listed as available on the App. Access to medical services is, therefore, limited, based on the availability of the medical service providers registered in the App. In the relation with the Provider/doctor, the Patient is bound to use only real data and information. The patient is solely responsible for choosing the Provider, namely the doctor and the medical specialty. The Patient’s erroneous choice of the medical specialty does not entitle him to the refund of the value of the contracted medical service.
46. The legal relationships created by the provision of any type of medical services are created exclusively between the Patient and the Provider. The Provider of the medical services and the Patient, as beneficiary of the medical services, are the only ones responsible for the way the contractual relationships between them are conducted, without involving Alo Doc App SA and/or any other entity associated with the creation and/or development of the App, other than expressly implied by these conditions.
47. Alo Doc App SA and/or other associated entities are not responsible for any type of consequences that may arise from the relationships established between the Provider and the Patient, as independent parties. Therefore, the User explicitly agrees that he may not request any type of compensation, amount or consideration (including damages) for consequences resulting from his relationship or communications with the contracting party from the contract for the provision of medical services, and neither from any other effects resulting from the contractual relationships established between the Provider and the Patient.
48. Alo Doc App SA will not perform surveillance of, register or edit the sessions or audio-video communications established between the Provider and Patient by means of the App, nor will it undertake any obligation in this regard, whatsoever.
49. Users are required to make sure their devices have a stable Internet connection, can run the App and have a proper and functional microphone and video camera.
50. For an adequate medical consultation, the Patient will offer the Provider, namely the doctor performing the consultation, information as complete and exact as possible regarding his health and other related data and information, including a proper description of the symptoms.
51. Medical consultations contracted by the Patient cannot be audio or video recorded, in addition to any other image or voiceprint stocked or edited by the Patient or the Provider, without the prior written and explicit consent of both parties. Breaching this provision allows the Patient or the Provider the right to interrupt the session. Violation of this obligation, either repeatedly or not, allows Alo Doc App SA the right to suspend or close the Account of the person who committed the violation upon the notification of the concerned person, in case such a violation is proven, in addition to the right to notify the competent bodies, where applicable.
52. The medical services contracted by the Patient cannot be resold or used for purposes other than those stated. The Patient undertakes to comply with all formalities imposed by the applicable Romanian regulations in order to receive and use the contracted medical services.
53. Alo Doc App SA will not be liable for any consequences generated by the User’s fault/conduct, such as the provision of incorrect/inappropriate data or the use of incompatible devices upon contracting or providing the medical services.
54. Alo Doc App SA will not be liable for any consequences generated by the Users’ violation of the applicable regulations or the use of the App or medical services in any way.
55. Alo Doc App SA will not be liable in any way for the failure to provide or contract medical services, irrespective or the reason.
VI. SCHEDULING AND CANCELING CONSULTATIONS
56. After scheduling the appointment, the Patient may only cancel the consultation in the following conditions: (i) with more than 24 hours before the scheduled consultation time, in which case the Patient is refunded the amount paid before the Consultation, apart from the 10 lei engagement fee applied upon scheduling the consultation; (ii) with 1 up to 24 hours before the scheduled consultation time, in which case the Patient is refunded 50% of any amount paid by him for scheduling. The Patient may not cancel the consultation with less than an hour before the scheduled consultation time.
57. After scheduling the consultation, the Provider/doctor may cancel the consultation, in which case the Patient is refunded any scheduling amount paid by him.
58. The Patient’s refund in keeping with the conditions mentioned under this Agreement is made within 5-10 working days, in the Patient’s account from which the payment has been made.
VII. PAYMENT OF MEDICAL SERVICES
59. The payment of medical services is made by paying their value using the card attached to the Patient’s bank account, or in one of the ways allowed by the App. The service amount is wired to the service Provider upon provision of the service or returned to the Patient if the service is not provided. The patient may contract one of the following consultation types: (i) consultations scheduled by the Patient by means of the App, based on the Provider’s own timetable displayed in the App; (ii) instant consultations, not scheduled in advance, which are requested by the Patient in the App by means of the command “Call Now!” and which are granted to the Provider listed as available in the App at the time of the Patient’s request;
(iii) consultations not scheduled in advance, which are requested by the Patient in the App, without preference for a certain specialty, be means of the command “I Want a Doctor Now!” and which are granted to the Provider listed as available in the App at the time of the Patient’s request. For the consultations mentioned under point (i) scheduled by the patient by means of the App, payment will be made at least 24 hours prior to the scheduled consultation time, based on the procedure mentioned in the App, otherwise the consultation is automatically cancelled. For the instant consultations mentioned under points (ii) and (iii), namely the consultations contracted via the commands “Call now!” and “I Want a Doctor Now!”, payment will be made automatically and the patient is immediately connected to the Provider.
60. Voluntary termination of the consultation by the Patient, after the consultation has begun, does not give the right to a refund of the amount paid, which will be withheld as payment for the contracted services.
61. The Patient is obliged to pay the amounts due based on this Agreement in case the services related amounts cannot be charged due to a technical error, blocked bank accounts or as a result of other errors.
62. Given that the medical service payment is made by card, the Patient accepts the terms and conditions of the payment operator - Stripe, and Alo Doc App SA is not liable for any of the payment operator’s errors or acts.
VIII. REFUNDING THE VALUE OF THE SERVICES
63. Alo Doc App SA will refund the amounts paid by the Patient for the contracted medical consultation only in case of appointment cancellation, in the conditions set out in this Agreement and in other cases expressly mentioned in this Agreement. The amounts paid by the Patient for a medical consultation are refunded in the following conditions: (i) if the Patient cancels the medical consultation with more than 24 hours before the scheduled consultation time, in which case the Patient is refunded any amount paid by him for the scheduled consultation, apart from the 10 lei engagement fee applied upon scheduling the consultation, which will be withheld by Alo Doc App SA; (ii) with 1 up to 24 hours before the scheduled consultation time, in which case the Patient is refunded 50% of the amount paid by himfor the scheduled medical consultation.
64. The amounts paid by the Patient for a scheduled medical consultation are not refunded in case the Patient cancels the scheduled medical consultation with less than 1 hour before the scheduled consultation time or if the Patient withdraws from the medical consultation and does not log in to connect with the Provider/doctor.
65. Alo Doc App SA will fully refund the amounts paid by the Patient for the contracted medical consultation in the following cases: (i) the Provider/doctor cancels an appointment; (ii) the Provider/doctor does not log into the scheduled consultation or the instant consultation, although is listed as available in the App.
66. To avoid any doubt, Alo Doc App SA will not refund the value of the services for reasons concerning the behavior of the contracting parties after the start of the provision/receiving of the services, and neither for the erroneous or non-compliant use of the App which may lead to effects that impede, block or limit in any way the provision and/or receiving of the contracted service after starting receiving the service. The parties are therefore fully accountable to each other for any non-compliant execution, without involving Alo Doc App SA.
67. In the event that the medical services cannot be provided as a result of the Providers’ unavailability or certain App malfunctions that do not allow for the consultation to take place, the amount paid by the Patient as service payment will be fully refunded to the Patient by default or upon request. The unavailability and/or App malfunctions are confirmed based on checks made by Alo Doc App SA.
68. In case of a request for the refund of the value of the services based on the App unavailability and /or App malfunctions which have not allowed for the medical consultation to take place, the User is obliged to provide any evidence which may support his request or the matters claimed. Upon the request of Alo Doc App SA, the User who made a service value refund request, notice or complaint in this regard undertakes to provide any kind of data or information requested by Alo Doc App SA in order to determine the factual situation. Any request, notice or complain will be resolved within 30 days.
IX. APP ACCESS AND USAGE LIMITATIONS
69.The User will use his own devices, systems and programs compatible with the App for accessing, viewing and using the App (phone, PC, Internet connection, etc.), which are properly equipped for an Internet audio-video session. Although Alo Doc
App SA has made efforts to ensure app compatibility with as many devices, systems and programs, Alo Doc App SA is not responsible for the compatibility of the devices, systems or programs used by the User with the App for the contracting and the provision of the services.
70. The User may not copy, publish, upload, transmit, sell or use in his own applications or projects or in those of third parties, nor can it intermediate or alienate in any way the materials (texts, images, video or audio footage, web graphic elements, scripts, programs and other data, etc.) integrated or published in the App, without the prior written and explicit consent of Alo Doc App SA, unless explicitly stated otherwise.
71. When accessing and/or using this App, you have specific obligations and you agree not to: (i) use the App to send junk or spam e-mails, chain messages, pyramid schemes or any other unsolicited, commercial or any other type of messages; (ii) display, transmit, publish, distribute, broadcast or disseminate material or defamatory, illegal, obscene, inappropriate, threatening, abusive, harassing or illegal information; (iii) display, transmit, publish, distribute or disseminate material or information that may incite discrimination, hatred or violence against any person or group based on race, religion, disability or nationality criteria or in any other illegal way; (iv) threaten, abuse, disturb, defame, make obscene gestures or violate in any way the legal rights (including the right to privacy or dignity) of other Users or persons; (v) use any information or material in any ways that infringe a copyright, patent, trademark or any other property rights of a any person; (vi) upload files containing viruses, worms, Trojans or corrupt data that may affect the operation of the App, devices or computer programs or other’s property; (vii) provide, collect or store personal data about other Users or persons, including e-mail addresses, unless you have such a legal right; (viii) advertise or offer to buy or sell goods or services for commercial purposes, except when the means of communication provided by the App specifically allow for such communications and only for the category of services and/or goods explicitly provided for ; (ix) you introduce yourself as having another identity in order to deceive or mislead other persons, entities, institutions or authorities; (x) violate the applicable laws and/or regulations in force; (xi) access/use the App/offers for services in any way which may deactivate, overload of affect the App/the contracting or execution of offers and services which may lead to the interference with another party who uses and benefits from the App, offers or services; (xii) display, transmit, publish, distribute or disseminate material or information which you are not allowed to transmit according to the law or a contract or of a contractual or fiduciary relationship (mandate), such as personal, privileged information or confidential information revealed during work relationships or the execution of a confidentiality agreement; (xiii) alter the evaluation results or the evaluation system of the Users of the service offerors by auto evaluation or any other procedures having a similar effect, such as the positive evaluation of a provider or offeror that you are related with, affiliated with or others that imply an interest based decision; (xiv) try to gain unauthorized access to any of the services, offers, other accounts, devices, operating systems or networks connected to the App by hacking, password cracking or by any other means; (xv) promise, offer, give or request bribe from other Users regarding the services offered via the App; (xvi) video or audio record the medical consultation, without the prior explicit written consent of the service Provider, namely the consent of the doctor providing the medical service.
72. Any breach of these limitations or other provisions of the Agreement may lead to the User’s blocked access to the App and/or the suspension or closure of the user Account, as well as, where applicable, the notification of the law enforcement authorities for the applications of civil or penal sanctions. The same provisions apply to the attempt to do so.
X. EVALUATION OF THE SERVICES RECEIVED
73. The App may allow the User to rate or give evaluations for the services received or for the interaction with other Users, in order for the Providers to improve the services offered or promote the App. Whenever the App allows it, the Patient may rate the Provider for the service provided by means of the App based on the services received or the interaction he had with the Provider. The publishing or displaying of any evaluations or ratings given by the users are subject to the prior authorization of Alo Doc App SA, in order to avoid ratings or evaluations that lack any real justification.
74. User evaluations or ratings will be made in good faith and in compliance with the general obligations for accessing and using the App. In all cases, Alo Doc App SA has the right to authorize in advance the display or calculation of every evaluation or, where applicable, to remove it, without any conditioning or justification.
XI. LINKS TO THIRD PARTY WEBSITES
75. Ringdoc may include links to third party websites or communication channels which are controlled and/or supported by other persons. Any link to/for other websites or communication channels does not represent their consent and you state that you agree that Alo Doc App SA, and Ringdoc, respectively as well as any of its collaborators and Ringdoc associated companies, including any of their employees, directors or administrators will not be held accountable for the content or availability of any of those particular websites.
XII. DISCLAIMER AND LIMITATION OF LIABILITY
76. The use of the App is made in the present conditions and “as such”, “as available” respectively, without any representation, approval or guarantees, whether express or implicit, except for the mandatory legal ones and those referring to payments made by the User through the App.
77. Alo Doc App SA is not responsible for the medical services provided to the Patient and has no obligation whatsoever concerning them or the effects on the Patient’s health.
78. Alo Doc App SA does not declare nor does it offer any guarantee that the App meets the User’s expectations, except for the declarations or guarantees explicitly given by means of this Agreement.
79. Although Alo Doc App SA will constantly strive to ensure the proper operation of the App, Alo Doc App SA does not declare nor does it offer any guarantee that the App will be permanently available or that its functionality will be uninterrupted of error free, that the faults with be corrected or that the App, medical services or server the App is running on are error free and that, whenever applicable, free of computer viruses or any other elements that may affect the systems or devices of the Users with which it directly or indirectly interacts.
80. Alo Doc App SA is not responsible for the unauthorized/fraudulent use of the App.
81. The user cannot claim any type of penalties for either direct or indirect prejudices that may be caused by the unavailability of the App, its faulty operation or by the unavailability, lack or quality of medical services, irrespective of the reason causing them.
82. Alo Doc App SA, the persons or entities associated with it, including any of its employees, directors or administrators will not be liable for any direct, indirect or related loss and for any type of prejudices (including, but without being limited to: loss of business or opportunity, health damage, loss of any type of ability, income or profit) arising from or related to App use, except for the cases for which the mandatory provisions of the law do not allow derogations from the responsibility principle.
XIII. DAMAGES GENERATED BY USER FAULT
83. By using the App, the User expresses consent to compensate and exonerate Alo Doc App SA, Ringdoc and /or the persons or entities affiliated with it, including any or its employees, directors or administrators of liability related to any breach of this agreement, as well as in connection with any claim or request against Alo Doc App SA and /or the persons or entities affiliated with it, including any or its employees, directors or administrators, made by a third party arising from the User’s non-compliant use of the App and/or from the transmission of any content element through Ringdoc including, but without being limited to all requests, actions, procedures, losses, damages, costs, expenses (including reasonable costs and legal expenses), whichever way they incurred or were born by Alo Doc App SA or by the persons or entities associated with the App.
XIV. COPYRIGHT, INTELLECTUAL PROPERTY
84. These terms of use are protected by copyright laws and cannot be used by other persons or entities of any kind by means of modifying or copying them, without the prior written consent of the author.
85. Alo Doc App SA retains all copyrights and intellectual property rights related to the content published/provided through the App (texts, images, video or audio footage clips, etc.)
XV. TERMINATION OF THE CONTRACT
86. Either Party of this Agreement may terminate this Agreement without a reason. The termination of the Agreement will take effect immediately upon notification of the other party or by closing the account, but only the moment there are no outstanding service commitments or unpaid amounts or balances owed based on this Agreement.
XVI. NULLITY
87. Should any of the clauses of this Agreement be declared invalid, illegal or inapplicable by a competent court, irrespective of the reason, that particular clause (any term/condition) will be removed and the remaining clauses (terms and conditions) will remain valid and continue to be effective, being mandatory and enforceable. In case of nullity, the cancelled clauses, terms and/or conditions will be replaced with other proper ones within 5 (five) working days from the date the court judgement declaring the nullity has legal effect.
XVII. APPLICABLE LAW & COURT OF LAW
88. This Agreement will be governed and interpreted in keeping with the Romanian laws and regulations in force, and any disputes or litigations between the parties related to it will be settled by the competent courts of law of Bucharest, Romania.