1.1 Air Doctor Ltd. (“Air Doctor” or “we“) operates and holds rights in the internet website and resource air-dr.com (the “Website“) and the mobile application Air Doctor (the “App“). The App and/or the Website, whether severally or jointly, shall be referred to herein as – the “Platform“.
1.2 The Platform is designed to help you, users of the Website and/or App who require the assistance of healthcare specialists (“you” or “End-Users“), to find doctors, dentists, emergency clinics, pharmacies, labs and other healthcare specialists from those listed on the Platform who may be suitable for your needs (collectively, “Registered Practitioners“, and together with the End-Users the “Users“), to enable the maximum choice and diversity of Registered Practitioners, and to make a booking request with respect to medical advice needed. The Platform may also make available for End-Users certain information related to such other doctors, dentists, emergency clinics, pharmacies, labs and other healthcare specialists who are not listed as Registered Practitioners on the Platform (the “Index Experts“, and together with the Registered Practitioners – the “Practitioners“), which is based solely on public information and/or advertisements made available online or otherwise, whether directly or indirectly, by the Index Experts. The Platform provides the End-Users with lists and/or profiles of Practitioners (collectively, the “Services”), which may be based, inter alia, on (i) information that the Practitioners make available to Air Doctor or publicly at internet websites, such as certifications, experience, geographical location, and healthcare specialty, and/or (ii) other criteria to be determined by us, such as Practitioner’s availability, past selections by End-Users, ratings and/or recommendations of the Practitioner by the End-Users.
1.3 Air Doctor invites you to use the Platform, find Practitioners you need, and make Booking Requests (as defined below) for professional medical services/expertise.
1.5 The Platform and Services are intended solely for persons who are 18 or older. Any access to or use of the Platform or Services by anyone under 18 is expressly prohibited. By accessing or using the Platform or Services you represent and warrant that you are 18 or older.
2. USE OF THE PLATFORM
2.2 You acknowledge that Air Doctor will have the right to reject your application to create an Account at its sole and absolute discretion. However, please be informed that Air Doctor may, but is not obligated to, perform verification of any submitted information. Once your Account is created, you will be considered a registered End-User and will be able to make Booking Requests.
2.3 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, booking and receiving the Services from the Platform.
2.4 Air Doctor 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 Air Doctor from any claims or demand in relation to any of the actions in sections (i) and (ii).
2.5 When you create an Account, you will create a login and a password (collectively, “Credentials“). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to email@example.com.
3. BOOKING REQUESTS & CANCELLATION POLICY
3.1 Following the opening of an Account, you will be able to choose Practitioners you may need and make booking requests for appointment only with Registered Practitioners (“Booking Request“). Once your Booking Request will be confirmed by a Practitioner, you will be provided with all the details of an anticipated appointment, which is finally scheduled (the “Appointment“).
3.2 In the occasion you opt to submit a Booking Request, a pending fee will be charged from (i) your insurance company (if applicable), in which case you shall not be charged directly by us, or (ii) you, using your selected method of payment (credit card or other method approved by Air Doctor), with the final charge being collected after the Registered Practitioner confirms that the Appointment occurred. You may communicate about any expected delay or cancellation, but not later than 6 hours prior to the scheduled time of Appointment. Any later change or cancellation of a Booking Request shall be subject to the full withholding of the Total Fees (as defined in section 4 below) charged from you with respect to such Booking Request.
“Registered Practitioner Fees” means the amounts that are due and payable by an End-User and/or its insurance company in exchange for the healthcare services to be provided to the End-User by a respective Registered Practitioner. The Registered Practitioner alone, and not Air Doctor, is responsible for the Registered Practitioner Fees reflected on the Platform. The Registered Practitioner may in his or her sole discretion decide to include in these amounts any taxes that the Registered Practitioner determines that he or she are required to collect.
“Service Fees” means the fee that Air Doctor charges an End-User and/or its insurance company for the use of the Services, which is calculated as a commission (as determined by Air Doctor) out of the applicable Registered Practitioner Fees.
“Total Fees” means collectively the Registered Practitioner Fees and the Service Fees plus any applicable taxes and any surcharges or commissions charged by the payment processor or your payment method. The Total Fees will be displayed to the End-User and/or its insurance company for confirmation when the End-User is asked whether he or she wishes to make a Booking Request.
4.1 Air Doctor will charge a pending fee upon submission of a Booking Request (as further described in Section 3.2 hereinabove), collect the relevant Total Fees from you or your insurance company at the time of Practitioner’s confirmation of the Appointment, and initiate payment of the Registered Practitioner Fees to the Registered Practitioner thereafter. Should the sum of the Registered Practitioner Fees be corrected by the Registered Practitioner following the Appointment, we will collect from you and/or your insurance company any additional sums due to the Practitioner. Such additional sums will be charged by Air Doctor by using the same payment details provided by you or your insurance company for payment of the respective Booking Request.
4.2 The currencies in which the Total Fees are quoted, and the acceptable payment methods, shall be as specified on the Platform. 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 the Services and Booking Request. We may require additional information from you before completing payment transactions.
4.3 Upon registration, and any additional usage, you shall inform us about any payment-relevant arrangements between you and your insurance company (if any) and you may choose whether to let us keep the billing information (if applicable) you provided to us for our future usage, in connection with any additional Services you may decide to obtain from the Platform. Your billing information will be kept secure and used only for payment for additional Services ordered by you, as indicated by usage of your Credentials. You must verify that your billing information (whether provided by you upon usage, or retained by us) is current, complete, and accurate, and notify us in case of any change in your billing information which you asked us to retain.
4.4 All your payment obligations (if any) are non-cancelable and all Total Fees retained by Air Doctor are non-refundable, except as expressly provided herein. If you terminate your Account and using the Platform for any reason whatsoever, you shall not be entitled to any refund for any Total Fees you have paid to us.
4.6 For the avoidance of doubt, it is hereby clarified that any and all payments to Registered Practitioners, including any of the above fees, shall be paid to the Registered Practitioners thorough us and our Platform, rather than directly by you or anyone on your behalf. In no event shall we, and/or any third party on our behalf, be liable to you for any damages or refund any amounts arising in connection with any direct payment made by you and/or any third party on your behalf to a Registered Practitioner.
5. NO DOCTOR-PATIENT RELATIONSHIP
We do not provide medical advice and any and all content and information provided and/or made available to End-Users on the Platform is not intended to be a substitute for professional medical advice, diagnosis, treatment or other healthcare service. The Platform and Services are an informational resource for End-Users and Practitioners and designed for searching, scheduling and payment purposes only. The Services do not create any doctor-patient relationship between you and us. We only assist you to find an appropriate Practitioner in any field, make a Booking Request (only with respect to a Registered Practitioner) and pay him or her. For removal of doubt, any healthcare service provided to You by any Practitioner shall in no event be implied or deemed as being an advice and/or consulting service that is provided by or on behalf of Air Doctor. We are not responsible for any medical advice, treatment or other healthcare services received by you from any Practitioner. All medically related information, including, without limitation, information shared via the Platform, Air Doctor emails and text messages, and Air Doctor advertising, comes from independent healthcare professionals and organizations and is for informational purposes only. You must resolve any dispute between you or any Practitioner arising from any transaction hereunder directly with the Practitioner.
6. AUTHORIZATION AND ACKNOWLEDGEMENT
6.1 In connection with using the Platform to find an Index Expert and/or a Registered Practitioner and schedule Appointment with any such Practitioner, you understand that YOU ARE SOLELY RESPONSIBLE FOR CHOOSING THE INDEX EXPERT AND/OR THE REGISTERED PRACTITIONER. Air Doctor makes reasonable efforts to ensure that Registered Practitioners only participate in the Platform if they hold all active licenses required by law to practice the specialties of the services offered by them. Air Doctor may exclude Practitioners who, in Air Doctor’s discretion, have engaged in inappropriate or unprofessional conduct. Without derogating from the above, it is clarified that Air Doctor makes no representations or warranties of any kind, express or implied, with respect to any information related to Index Experts, including with respect to the completeness, accuracy and/or reliability of any such information and/or the quality of the services provided by the Index Experts.
6.2 To help you find Practitioners who may be suitable for your needs, and enable the maximum choice and diversity of Practitioners participating in the Platform, we will provide you with lists and/or profiles of Practitioners. These results are based on (i) information that you provide to us, such as geographical location and healthcare specialty, and (ii) other criteria, such as Practitioner’s availability, past selections by and/or ratings of Practitioners by you or by other End-Users, and past experience of End-Users with Practitioners. Note that Air Doctor (a) does not recommend or endorse any Practitioners, (b) does not make any representations or warranties with respect to these Practitioners or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Practitioners for featuring them (i.e., higher or better placement on lists) through the Platform.
7. USER CONTENT; REVIEWS
7.1 You are encouraged to submit to Air Doctor reviews of the Practitioners whose healthcare services you have ordered via the Platform and received (the “Reviews“). Air Doctor, at its sole discretion, may publish such Reviews or parts thereof on the Platform, to be accessed by other End-Users. Air Doctor 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.
7.2.1 Air Doctor does not allow Reviews that:
(i) are fraudulent, false, misleading, or deceptive;
(ii) do not represent the author’s personal experience;
(iii) are incentivized by a promise for payment, additional services, or a discounted rate;
(iv) are motivated by a threat of extortion or a suggestion of financial gain.
8.1 We may, but have no obligation to, publish any content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found via the Platform (“Content“) that is reviewed by our editorial personnel. No party (including Air Doctor) involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
8.2 The procedures, products, services and devices discussed and/or marketed through the Platform are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Platform by advertisers and other participants of the Platform, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
8.3. All the Content is owned by us, Practitioners, or our respective licensors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contain Air Doctor’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Platform. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Platform or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Air Doctor nor its suppliers grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by Air Doctor to you are retained by Air Doctor.
9. INTELLECTUAL PROPERTY
9.1 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 Air Doctor 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 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.
9.2 Air Doctor’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.
9.4 Subject to the limitations and restrictions provided herein, you hereby grant Air Doctor an irrevocable, perpetual, worldwide, transferable, assignable, sub licensable, exclusive, royalty free right and license to use, exploit and commercialize without restriction any information placed by you within the Platform and/or provided by you through the Platform, including your Reviews, and any and all intellectual property rights therein or thereunder. For the avoidance of doubt, this does not include information relating to your medical condition; Air Doctor’s only usage of such information will be forwarding it to the relevant Registered Practitioners.
9.5 In addition, you will not plagiarize any third party’s material. You hereby agree that any content that you upload to the Platform, 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 Air Doctor for any claims brought by third parties related to any intellectual rights infringement.
10. YOUR PERSONAL INFORMATION
11. RESTRICTIONS OF USE
11.1 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 and using of the Platform, and may also expose you to civil and/or criminal liability.
11.2 You may not, whether by Yourself or anyone on Your behalf:
11.2.1 copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Platform.
11.2.2 create a browser, frame, border environment or GUI around the Platform;
11.2.3 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;
11.2.4 interfere with or violate other Users’ rights to privacy (including, without limitation, other End-Users and the Practitioners listed on the Platform), 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;
11.2.5 impersonate any person or entity or provide false or misleading personal information, including without limitation, providing false or misleading billing information;
11.2.6 transmit or otherwise make available through or in connection with the Platform any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, malware, 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;
11.2.7 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;
11.2.8 use the Platform to defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise harm and violate the legal rights of the other End-Users, the Practitioners and/or any other persons by posting any inappropriate content or otherwise;
11.2.9 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; or
11.2.10 contact, communicate with, or exchange information with any Practitioner (other than through the Platform) prior to your first visit to him/her.
12. LINKS TO OTHER WEBSITES
While using the Platform, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
13. TERM AND TERMINATION
14. DISCLAIMER AND WARRANTIES
14.1 THE SERVICES AND/OR PLATFORM ARE PROVIDED HERE 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, AIR DOCTOR RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY TERMINATE OR CEASE THE OPERATION OF THE SERVICES AND/OR PLATFORM, AT ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN, AND YOU HEREBY RELEASE AIR DOCTOR FROM ANY CLAIM OR DEMAND IN CONNECTION THERETO.
14.2 THE SERVICES AND/OR PLATFORM ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL EMERGENCY MEDICAL TREATMENT, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IMMEDIATE MEDICAL EMERGENCY SOLUTIONS (SUCH AS CALLING AN EMERGENCY NUMBER OR TRANSPORTING DIRECTLY TO AN EMERGENCY ROOM) BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM.
14.3 WE DO NOT WARRANT THAT THE USE OF THE SERVICES AND/OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICES AND/OR PLATFORM IN WHOLE OR IN PART, AT ANY TIME.
14.4 WE MAKE NO REPRESENTATION REGARDING THE AVAILABILITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY AND/OR SUITABILITY OF THE SERVICES AND/OR PLATFORM AND/OR ANY OF THE INFORMATION PROVIDED BY USERS, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES 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 PLATFORM, AND INFORMATION RECEIVED THROUGH IT.
14.5 WE DO NOT WARRANT NOR GUARANTEE ANY CONTENT AND INFORMATION PROVIDED THROUGH USING THE SERVICES 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, AIR DOCTOR MAKES NO CLAIM THAT THE CONTENT OF THE SERVICES 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 RECEIVING THE SERVICES IS AT ALL TIMES IN COMPLIANCE WITH THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE AND/OR RECEIVE THE SERVICES.
15. LIMITATION OF LIABILITY
The use of, and the reliance on any information provided through, the Services and/or the Platform is solely at your own risk. You shall be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortuous action 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 air doctor 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. You hereby release us from any liability for any damage caused to you in connection with your use of the Services and/or Platform, including but not limited to any damages caused to you due to any healthcare services offered/provided to you by Practitioners, except where liability is mandatory, in which event liability for damages shall be limited to the amount of fees actually paid by you to Air Doctor over the six (6) month period preceding the cause of liability.
Air Doctor 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 the healthcare services offered/provided to you by Practitioners.
16.2 In the event of any dispute related to a transaction concluded between you and any Practitioner, you agree to release Air Doctor, its affiliates and their respective directors, employees, officers, shareholders and agents from any claims and demands which you may have against a respective Practitioner in relation to such dispute.
17.1 Any claim relating to the Platform or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles.
17.5 No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
17.8 If you feel that any of your personal rights has been compromised by us please contact us at: firstname.lastname@example.org and we will exert our best efforts to handle your complaint.
Updated July 30th, 2018