1.1 Air Doctor Ltd. (“Company” or “We“) is an Israeli company having a place of business in Hashaked 1, Bet Nekofa, Israel, with registration number 51-547281-9, that operates and holds rights in the Internet web-site and resource air-dr.com (the “Website“) and the mobile application Air Doctor (the “App“, and together with the Website – the “Platform“).
1.2 The Platform is designed to help the Website and App’s users who require the assistance of healthcare specialists (“End-Users“) find doctors, dentists, emergency clinics, pharmacies, labs and other healthcare specialists from those listed on the Platform who may be suitable for End-User’s needs (collectively, “Practitioners“, and together with the End-Users, “Users“), and to enable the maximum choice and diversity of Practitioners. The Platform provides the End-Users with lists and/or profiles of Practitioners, which are based on information that the Practitioners make available to the Company, such as certifications, experience, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Practitioner’s availability, past selections by End-Users, ratings and/or recommendations of the Practitioner by the End-Users).
1.3 The Company invites you (“You“) to use and participate in the Platform as a Practitioner (as defined below), place information about Yourself as a specialist in Your field of practice and receive Booking Requests (as defined below) from End-Users for Your professional medical services/expertise (“Your Service“).
1.4 You must agree to the following terms as a condition to use the Platform as a Practitioner and receive Booking Requests from End-Users through the Platform. Please read these terms carefully, as they will constitute a legal and binding agreement between You and the Company upon accepting these terms as set forth below or upon Your usage of the Platform.
2.1 While using the Platform, there are certain types of behaviors which are strictly prohibited, as appear in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your Account (as defined below) and using of the Platform and may also expose You to civil and/or criminal liability.
2.2 You may not, whether by Yourself or anyone on Your behalf:
2.2.1 copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Platform.
2.2.2 create a browser, frame, border environment or GUI around the Platform;
2.2.3 interfere with or disrupt the operation of the Platform, or the servers or networks that host the Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
2.2.4 interfere with or violate other Users’ rights to privacy (including, without limitation, other Practitioners listed on the Platform, or End-Users to whom You have been provided Your Services), or harvest or collect data and information about other Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Platform and/or retrieve index and/or data-mine information;
2.2.5 impersonate any person or entity or provide false or misleading personal information, including without limitation, providing false or misleading information regarding your professional expertise and credentials. You may not provide information which may cause the Users to believe that You are able to provide services, advice or consulting outside of Your fields of expertise;
2.2.6 offer to provide services, advice or consulting that is not in Your fields of expertise, or which You are not qualified or licensed to provide or render under any applicable law and regulation;
2.2.7 transmit or otherwise make available through or in connection with the Platform any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
2.2.8 use the Platform for any illegal, unlawful, inappropriate or unauthorized purposes, or conduct any act, or omit to conduct an act, in a way that is in violation with applicable local, national or international laws and regulations, including without limitation rules of ethics applicable to You;
2.2.9 use the Platform to defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise harm and violate the legal rights of the End-Users, other Practitioners and/or any other persons by posting any inappropriate content or otherwise;
2.2.10 use the Platform for any commercial or non-personal purposes, including any usage which generates any revenues, whether directly or indirectly (other than under Your Account), without our prior written consent;
2.2.11 contact, communicate with, or exchange information with any End-User (other than through the Website) prior to such End-User’s first visit to You; or
2.2.12 offer any medical service, advice or consulting, which may be rendered or practiced only by a licensed professional, unless You are a licensed professional and are in good standing in the relevant field of expertise, and unless You continue to comply with any laws and regulations, including rules of professional and ethical conduct applicable to You.
3.1 As a condition for Your registration with the Platform, use of this Platform, and creating an Account, you hereby acknowledge, represent and warrant that:
3.1.1 You are fully qualified under all applicable laws of the relevant jurisdiction(s) in which you provide Your Service, with no reservations or restrictions other than as applicable generally to all medical practitioners in such territory, to practice medicine and to provide services of the type offered by You to End-Users under the Platform, and You will advise Us immediately and in writing of any change, restriction, limit or prohibition affecting your license or qualification to practice medicine or to provide such services;
3.1.2 You hereby agree to obtain and continue to maintain throughout the term of your Services, at Your own costs and expense, adequate professional liability insurance as required under applicable law and regulations applying to provision of Your Services, with coverage which is reasonably sufficient (at Your discretion, and in the view of a reasonable medical professional) to cover Your risks and liabilities under these Terms;
3.1.3 The acceptance of these Terms, receipt of the Booking Requests, and the provision of Your Services to the End-Users does not and will not violate any other agreement to which You are bound, or any law, rule, regulation, including rules of professional and ethical conduct, order or judgment to which You are subject;
3.1.4 Your usage of the Platform and maintaining an Account has not been previously suspended, nor has Your access to the Platform been previously blocked by Us;
3.1.5 You are solely and exclusively liable for Your conduct via the Platform, and for any content which would be posted, transmitted and/or transferred by You or on Your behalf, including without limitation, any content that is transmitted by You to any of the Users. You acknowledge and agree that neither the Company, nor any of its affiliates, will be deemed as provider or recipient of any of Your Services which you provide to any of the End-Users.
3.2 In addition, You hereby acknowledge that time is of the essence in the communication with the End-Users who may contact you seeking advice and/or consulting service from you as a Practitioner. Company may, but is not obligated to, regularly perform random quality checks on response time in Your communication with End-Users. For the avoidance of doubt, Company does not review the content of any communication between You (as a Practitioner) and an End-User with whom you communicate through the Platform and/or to whom You provide Your Services or contemplate to do that, with the exception of reviews and monitoring of content of such communication for technical support.
3.3 You hereby represent and warrant to the Company and the End-Users that:
3.3.1 All materials, certification, information and other data (including but not limited to personal information and professional certification) provided to the Company and the End-Users during the Account application process or thereafter is true, valid, correct, accurate and not misleading (it being understood that the Company shall not be under an obligation to request or independently obtain such certification or verify its accuracy); and
3.3.2 You will perform Your Services with professionalism and care in accordance with the highest standards applicable to Your Services and/or field of practice, or in general. You shall at all times ensure that offering and provision of Your Services to the End-Users are in compliance with any laws and regulations, including rules of professional and ethical conduct, applicable to Your profession and area of practice in Your own jurisdiction. You agree that it is Your responsibility to review laws and regulations applicable to Your profession in Your jurisdiction in order to determine whether or not the receipt of Booking Requests (as defined below) and provision of You Services to the End-Users do not violate any applicable law and regulation and rules of ethics and professional responsibility.
3.4 You understand and acknowledge that Company (Air Doctor) is not a provider of medical services or medical advice, and You alone shall be responsible for the contents of any medical services or medical advice provided as part of Your Service, even if provided through the Platform. You must resolve any dispute between you and any End User of the Platform directly with the End User. You will be solely responsible for your usage of the Platform to provide services, as well as for any monitoring or follow-up of the medical treatment, prescriptions, etc., which You deem to be necessary in your discretion as a medical service provider.
3.5 You understand and acknowledge that Company may refer to you End Users which access the Platform through, or whose details are received from, insurance companies and other similar entities which are active in the field of medical insurance (each a “Medical Insurer”). For the avoidance of doubt, Company may collaborate, or cease to collaborate, with such Medical Insurers at its sole discretion and without any liability towards you; Company may also decide, at its sole discretion (or as instructed by a Medical Insurer), whether End Users arriving through a specific Medical Insurer will be referred to You (or any other specific provider of medical services) or not.
3.6 You understand and acknowledge that certain medical services, including surgery and such other medical services as may be reasonably added by Us from time to time in the future, always with advance written notice to You, are excluded from the scope of these Terms and shall not be provided through the Platform (the “Excluded Services”). You hereby undertake that you shall not offer Excluded Services to End Users through the Platform, but only through a Medical Insurer with which you have a separate agreement; and the terms of the Excluded Services, including any responsibility or liability for their results and outcomes, shall be governed by the agreement(s) between You and the Medical Insurer, and Company shall not have any liability for such matters.
4.1 In order to be eligible to offer and provide Your Services to the End-Users as a Practitioner, You will be required to create a Practitioner account (“Account“) through the Platform by filling out an on-line registration form (where You must provide Your personal information as well as Your contact information and pricing) and uploading the requested copies of certification, licenses, samples, etc., or any additional documents as may be requested by the Platform under Your own profile. Any such information, certification, licenses, samples etc., provided by You to the Company for the purpose of creating an Account will be kept in the Company’s data base, and We will use reasonable measures to protect the safety of such database.
4.2 You acknowledge that the Company will have the right to reject a Practitioner’s application to create an Account at its sole and absolute discretion. However, please be informed that the Company may, but is not obligated to, perform verification of any submitted certification or documents. In addition, the Company shall have the right to review Your personal profile and amend typing or spelling errors, or may otherwise remove or refuse to post any content uploaded by You on the Platform, including any content within Your personal profile, at its sole discretion, including without limitation content that is, in the judgment of the Company, inappropriate or that is in violation of the provisions of these Terms, whether during the process of creating an Account or at a later stage. Once Your Account is created, You will be considered a registered Practitioner and Your name will be added to Platform’s Practitioners list according to Your professional expertise and background. For removal of doubt, any advice and/or consulting service provided by You as part of Your Services shall in no event be implied or deemed as being an advice and/or consulting service that is provided by or on behalf of the Company.
4.3 For the avoidance of doubt, Company shall not offer to each End-User all Practitioners for each query; only Practitioners which are relevant and adequate to a specific request, at Company’s sole discretion (considering field of expertise, location, and various other considerations) shall be presented to an End-User in each case. Company shall not be liable to You in the event Your Services are not offered to an End-User, for any reason whatsoever.
4.4 You acknowledge and agree that creating an Account and uploading any content and information under Your profile shall be at Your own risk only. You must evaluate and bear all risks associated with the use of the Platform, offering and the provision of Your Services to the End-Users.
4.5 Company reserves the right to (i) suspend, at any time, temporarily or permanently Your Account at its sole and absolute discretion; and/or to (ii) modify and/or alter any feature and/or functions currently available or that may be available in the future on the Platform, without notice to You, and at its sole discretion. You hereby waive and release the Company from any claims or demand in relation to any of the actions in sections (i) and (ii).
5.1 Following the opening of an Account, You will receive booking requests from End-Users with respect to receiving Your Services (“Booking Requests“). For the avoidance of doubt, an End-User may send multiple Booking Requests in parallel to several Practitioners. You will be notified of any new Booking Requests by Company’s delivery of messages (push notifications) to Your e-mail address, SMS messages to Your cell phone, and/or such other means of notification as you shall indicate to the Company that you wish to use, out of the means of notification offered by the Company from time to time (“Notification”).
5.2 Upon Your accepting a Booking Request, You commit to respond to the End-User submitting such Booking Request promptly and without undue delays. You shall have the right to accept a Booking Request or decline it within a certain period of time, as shall be indicated in the Notification. The first (earliest) response by any eligible Practitioner to a certain Booking Request may automatically cancel all subsequent responses of other Practitioners, so that the Practitioner whose response was the earliest (out of the Practitioners requested by the End-User only, and assuming that the first Practitioner responded within the allocated time) shall receive the appointment.
5.3 Please carefully read the comments, posts, requests and queries from End-Users and try to answer them promptly, clearly and in a friendly manner. Do not use abusive or profane language. Only accept a Booking Request if you are able to respond to it straight away. Make every effort to notify immediately if you do not intend to respond to a Booking Request.
5.4 5.4 Every Practitioner should honor all Booking Requests accepted by him or her via the Platform. It is mandatory that the End-User shall meet the same Practitioner with whom the Booking Request has been confirmed, and under the same terms (time, place, price, etc.) as confirmed. Either party to an appointment (i.e. the Practitioner and the End User) should communicate about any expected delay or cancellation at least 3 (three) hours prior to the scheduled time of appointment, to the extent possible. Notwithstanding the aforesaid, You acknowledge and confirm that Air Doctor provides the following two types of grace to End Users:
• When an End User makes a Booking Request outside the 3-hour cancellation window, but the Practitioner confirms the Booking Request within the 3-hour cancellation window, then the End User receives a grace period (by default 10 minutes) to cancel the Booking Request, provided it is a minimum period before the scheduled appointment (by default 30 minutes), with both time frames being configurable by Air Doctor at its reasonable discretion; and
• When an End User confirms an alternative Booking Request, that End User has a regret period to undo his or her confirmation and cancel that Booking Request ( by default 5 minutes, configurable by Air Doctor at its reasonable discretion but never later than 30 minutes before the scheduled appointment).
5.5 It is hereby clarified that (i) End-Users may submit reviews of You or other Practitioners (the “Reviews“) to the Company; (ii) Company and/or End-User shall own the contents of such Reviews; (iii) Company, at its discretion, may publish such Reviews or parts thereof on the Platform, to be accessed by other End-Users; (iv) Company shall not be responsible for the contents of Reviews and shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all content from Reviews, except as required by applicable law; and (v) by using the Platform, you may be exposed to content of Reviews that you may find offensive or objectionable; Company shall not be liable for the effect that negative Reviews may have on Your goodwill, reputation, or business.
5.6 Air Doctor may enable You to receive Booking Requests from End Users for appointments taking place remotely by video conference or other means of telecommunication, only in certain specific jurisdictions allowing the remote diagnosis and treatment of patients by means of telecommunications technology (“Telemedicine”). You acknowledge that you may not use any means of hiding, concealing or obscuring your geographic location or IP address (such as a VPN) in order to provide such Telemedicine services where prohibited or limited under applicable law, and you alone shall be fully responsible for any claim, damage or liability incurred by Air Doctor or by an End User as a result of such actions on Your part.
5.7 You shall not prescribe through the Platform any medicine listed under the prohibited lists of your local applicable Telemedicine guidelines (e.g., psychiatric medicines). You shall not issue prescriptions for controlled substances or other substances which may be harmful because of their potential for abuse (for example, medications for insomnia, depression, and/or anxiety).
5.8 It is your responsibility to determine or decide if a prescription can be provided on a “cross border” basis to a Telemedicine End User, according to the location from which the End User is consulting You. For this purpose, you must make sure you are aware of the End User’s actual location, either by consulting via the platform or by directly asking the End User. You cannot provide prescriptions via Telemedicine to End Users in the USA, unless you have a license to do so in the US State from which the End User is consulting You. You cannot provide prescriptions via Telemedicine to patients in the EU, unless you have a license to do so in one of the states which are members of the EU.
6.1 Key definitions
6.1.1 “Your Fees” means the amounts that are due and payable to You for Your Services by an End-User and/or its Medical Insurer, as agreed between You and the Company. For the avoidance of doubt, such fees may be reasonably amended by Us from time to time, and with advance notice of at least 90 days, and you are entitled to cease providing Your Service by written notice to Us in the event that you do not agree to a change made by Us to Your Fees.
6.1.2 “Service Fees” means the fee that Company charges an End-User and/or Medical Insurer for the use of Your Services, which is calculated as a commission (as determined by Company) on top of Your Fees.
6.1.3 “Total Fees” means collectively Your Fees and the Service Fees, plus any applicable taxes and any surcharges or commissions charged by the relevant payment processor or method. The Total Fees will be reflected on the Platform and displayed to the End-User and/or Medical Insurer (as the case may be) for confirmation when the End-User is asked whether he or she wishes to make a Booking Request.
6.2 We shall be responsible for:
6.2 .1 Charging the End-Users for Your Services provided to them during a calendar month, and collecting all excess payments from the Medical Insurers and/or End Users. For the avoidance of doubt, all payments due to You under this Agreement are payable on a full “back to back” basis against the Company’s receipt of payments due to the Company from the relevant Medical Insurer, and Company will assume no liability towards You in the event that a Medical Insurer fails to make timely payment of due amounts.
6.2 .2 Remitting Your Fees to You after deduction of the amount of our Service Fee, as remuneration for Your Services. All payments from the Platform to You shall be made until the 15th day of the following calendar month. By registering to the Platform, You give Your irrevocable consent to Air Doctor making any necessary deductions from the applicable fees, including any applicable taxes (such as sales tax, value added tax or withholding tax) and any surcharges or commissions charged by the payment processor or your payment method.
6.2 .3 Making adjustments, to the extent reasonably possible, should the sum of Your Fees be corrected or updated following the relevant Appointment, by collecting from the relevant End User and/or Medical Insurer any additional sums due to You, using the same payment method used for the respective Booking Request.
6.2 .4 Determining and specifying on the Platform the currencies in which fees are quoted, and the acceptable payment methods. We may, from time to time, and without specific notice to You, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. By using one or more payment methods, You represent and warrant that You are lawfully permitted to use the selected payment method in connection with Your Service. We may require additional information from You before completing payment transactions.
6.3 For the avoidance of doubt, it is hereby clarified that any and all payments due to You under this Agreement, including any of the above fees, shall be paid thorough Us and our Platform, rather than directly to You; except that payment for Excluded Services shall not be conducted through Us or the Platform, but rather directly by the relevant Medical Insurer with which you have a separate agreement.
6.4 It is irrevocably agreed and acknowledged by You that Company does not and will not assume any responsibility or liability for any amount due to You from a Medical Insurer under any other Agreement, and all such debts must be handled directly between you and the relevant Medical Insurer.
6.5 You must keep the billing information You provided to us upon registration current, complete, and accurate, and notify Us promptly in case of any change in Your billing information.
6.6 You acknowledge and understand that all payments to be made by Company to You under this Agreement shall be handled and managed automatically through the App exclusively. In the event You use any other media or means of communication (including email or phone) with the Company, Company shall not be responsible for any delays or errors in payment caused in connection with such usage.
6.7 Payment methods are processed and handled through relevant third-party payment processors, such as bank transfers, PayPal and credit cards. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of such third parties.
7.1 You will not reproduce or otherwise distribute End-Users’ content. You agree to treat all End-Users’ content and information in confidence; any use of End Users information or mention or discussion of End-Users’ content outside of direct communication with the End-User within the Platform, is strictly prohibited.
7.2 For example, You may not communicate the content of any Booking Request with any third person, including but not limited translators, customers, family members, friends, and colleagues.
7.3 The Company may integrate commercials and advertisements in the Platform. All the information contained in such commercials and advertisements belong solely to Us or our advertisers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements.
8.1 The Platform, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property“), are fully owned by or licensed to the Company and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Website and/or Platform, including without limitation, graphics, photos, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos may be owned by third parties.
8.2 Our Company’s logo and other commercial identifiers We use in connection with the Platform are all trademarks and/or trade names belonging to Us or our third-party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
8.3 Company hereby grants You a non-exclusive revocable right to use the Website and the Platform, for the purpose of using Your Account, subject to the limitations and restrictions provided for herein. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under these Terms.
8.4 Subject to the limitations and restrictions provided herein, You hereby grant the Company an irrevocable, perpetual, worldwide, transferable, royalty free right and license to use and commercialize without restriction any information placed by You within the Platform and/or provided by You through the Platform and any and/all intellectual property rights therein or thereunder.
8.5 In addition, You will not plagiarize any third party’s material. You hereby agree that any content that You upload to the Website, and/or any information you provide to the Platform or Users does not and will not violate third-party rights of any kind. You hereby undertake to indemnify the Company for any claims brought by third parties related to any intellectual rights infringement.
9.1 These Terms shall be in effect as of the date on which You accept and agree to these Terms, and continues until it is terminated in accordance with the following provisions:
9.1.1 if terminated by You – by sending a fourteen (14) day prior written notice, signed by You (to be delivered), provided, however, that all Your obligations under these Terms relating to any activity prior to the termination date shall remain in full force and effect; or
9.1.2 if terminated by the Company, with immediate effect, for any reason and at any time by providing ten (10) day written notice. However, the Company may terminate these Terms with You immediately upon any of the following events: (i) breach by You of any term of these Terms; (ii) careless behavior that causes disruption to the Platform; (iii) Your failure to communicate in a professional and courteous manner with End-Users, other Practitioners, or the Company’s staff; and (iv) negligence, fraud, or willful misconduct.
9.2 Upon termination of these Terms, Your Account will be suspended or terminated and all Booking Requests submitted to You and not filled by such time, may be transferred to other Practitioners, at the sole discretion of the Company.
10.1 YOUR ACCESS TO THE WEBSITE AND/OR PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COMPANY RESERVES THE RIGHT TO TEMPORARILY OR PERMENANTLY TERMINATE OR CEASE THE OPERATION OF THE WEBSITE AND/OR PLATFORM, AT ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN, AND YOU HEREBY RELEASE THE COMPANY FROM ANY CLAIM OR DEMAND IN CONNECTION THERETO.
10.2 WE DO NOT WARRANT THAT THE USE OF THE WEBSITE AND/OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AND/OR PLATFORM IN WHOLE OR IN PART, AT ANY TIME.
10.3 WE MAKE NO REPRESENTATION REGARDING THE AVAILABILITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY AND/OR SUITABILITY OF THE WEBSITE AND/OR PLATFORM AND/OR ANY OF THE INFORMATION PROVIDED BY USERS, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE AND/OR PLATFORM, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT, INCLUDING ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE PLATFORM, AND INFORMATION RECEIVED THROUGH THEM.
10.4 WE DO NOT WARRANT NOR GUARANTEE ANY CONTENT AND INFORMATION PROVIDED THROUGH THE WEBSITE AND/OR PLATFORM, AND/OR ANY OF THE INFORMATION PROVIDED BY USERS, AND ASSUME NO LIABILITY WITH RESPECT TO SUCH CONTENT AND INFORMATION. YOU SHOULD NOT RELY ON THE ACCURACY OF SUCH CONTENT AND INFORMATION. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH CONTENT AND/OR INFORMATION ONCE IT HAS BEEN GIVEN. FURTHER, THE COMPANY MAKES NO CLAIM THAT THE CONTENT OF THE WEBSITE AND/OR THE PLATFORM AND THE USE THEREOF IS OR MAY BE IN THE FUTURE, APPROPRIATE OR PERMITTED UNDER LAWS APPLICABLE TO YOU. YOU MUST ENSURE THAT USING THE PLATFORM FOR OFFERING YOUR SERVICES IS AT ALL TIMES IN COMPLIANCE WITH THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE AND/OR FROM WHICH YOU PRACTICE YOUR PROFESSION
11.1 LIMITATION OF LIABILITY
11.1.1 THE USE OF THE WEBSITE AND/OR THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE SHALL NOT ASSUME LIABILITY FOR DAMAGES RESULTING FROM OR ARISING OUT OF THE SERVICES AND/OR ADVICE PROVIDED BY YOU TO USERS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS SUFFERED BY THE COMPANY AND/OR A USER TO WHOM YOU OFFERED/PROVIDED YOUR SERVICES, NOR SHALL WE BE LIABLE FOR ANY DAMAGE CAUSED TO YOU BY ANY OF THE USERS, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 YOU HEREBY RELEASE US FROM ANY LIABILITY FOR ANY DAMAGE CAUSED TO YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR PLATFORM, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED TO YOU DUE TO A CLAIM OR DEMAND BY A USER TO WHOM YOU OFFERED/PROVIDED YOUR SERVICES, EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY OVER THE SIX (6) MONTH PPERIOD PRECEDING THE CAUSE OF LIABILITY.
11.3 COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE AND/OR PROFITS) ARISING IN CONNECTION WITH OFFERING OR PROVISION OF YOUR SERVICES TO THE USERS.
12.1 You agree to defend, indemnify and hold harmless Us, and our affiliates, and the respective officers, directors, employees, shareholders and agents, from and against any and all claims, damages, suits, judgments, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party by using the Platform; (v) any claim, action or demand made in connection to Your Services offered/provided to the Users, or content and material provided to Users or that You uploaded to the Website; (vi) a determination by a court or agency that You are not an independent contractor; and (vii) Your failure to provide Your Services in accordance with applicable laws and regulations, including rules of professional and ethical conduct applicable to You. This defense and indemnification obligation will survive these Terms.
12.2 In the event of any dispute related to a transaction concluded between You and any User, You agree to release the Company, its affiliates and their respective directors, employees, officers, shareholders and agents from any claims and demands which You may have against a respective User in relation to such dispute.
We hope this section is not overwhelming. All it says, in legal language, is that we at Air Doctor are not responsible for actions we can’t control (those of others – third parties), nor for things that no one can control (such as technical errors). When we mention “indemnification”, that just means that if you breach these terms, and that causes us damage (including someone suing us because you breached the terms), then you will be responsible for any messes (including financial messes) that your actions have caused us.