LAST REVISION: [05-07-2017]
Expats Homeo Clinic (“Expats Homeo Clinic”, “we”, “us”, or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including http://www.expatshomeoclinic.com (the “Website”) and in future through our mobile app, which can be accessible through tablets, cell phones, personal digital assistants, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform”.
- DESCRIPTION AND USE OF SERVICES
Expats Homeo Clinic is a medical service provider online platform for people and organizations to use our medical services, wilfully, voluntarily and with or without consideration.
We provide Visitors with access to the Platform as described in this Agreement.
Visitors, as the term implies, are people who don’t login to the Platform or register with us, but want to look around and see what the Services are all about. Visitors can: (i) view all publicly-accessible content; and (ii) e-mail us.
- SAFETY OF CHILDREN AND CONFIDENTIALITY
THE SAFETY AND ENHANCEMENT OF CHILDREN IS OUR NUMBER ONE PRIORITY. SO, BEFORE YOU UPLOAD ANY COMMENT, THE IMAGE OF OR INFORMATION ABOUT A CHILD, PLEASE DETERMINE WHETHER UPLOADING IT TO THE PLATFORM PASSES THE COMMON SENSE TEST. IN ADDITION, BEFORE UPLOADING ANY INFORMATION OR IMAGES OF ANOTHER PERSON’S CHILD, PLEASE OBTAIN THE CONSENT OF THAT CHILD’S PARENTS OR LEGAL GUARDIANS.
ALTHOUGH WE ENCOURAGE INNOVATORS, PROJECT ADMINISTRATORS TO CREATE AND UPLOAD PROJECT CONTENT AND COMMUNICATE WITH US AND OTHER USERS, PLEASE NOTE THAT ANY IDEAS, CONTENT, AND INFORMATION YOU POST OR SHARE ON THE PLATFORM MAY BE SEEN AND USED BY OTHERS, AND EXPATS HOMEO CLINIC CANNOT GUARANTEE THAT OTHER USERS WILL NOT USE THOSE IDEAS, CONTENT, OR INFORMATION THAT YOU SHARE ON THE PLATFORM. THEREFORE, IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, DON’T WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE PLATFORM. EXPATS HOMEO CLINIC IS NOT RESPONSIBLE FOR ANY USERS’ MISUSE OR MISAPPROPRIATION OF ANY OPPORTUNITY, IDEA, CONTENT, OR INFORMATION YOU POST ON OR THROUGH THE PLATFORM.PROTECTION OF YOUR INTELLECTUAL PROPERTIES ARE YOUR RESPONSIBILITIES AND EXPATS HOMEO CLINIC WILL NOT BE IN ANY MANNER, DIRECTLY OR INDIRECTLY, RESPONSIBLE FOR THE INFORMATION SHARED BY YOU THROUGH THIS PLATFORM.
- We make no attempt to confirm, and do not confirm the purported identity of any of our Visitors or perform any diligence on the nature, scope, legitimacy, or viability of any request. You are solely responsible for determining the identity and suitability of other users whom you may contact by means of the Platform.
- We make no representations, offer no assurances, and do not investigate any of our Visitors’ background, morality, character, actions, or demeanour, and you hereby acknowledge that you assume the risk of any encounter or interaction with such persons. We encourage all users to communicate directly with other users through the tools available on the Platform and to review their profile pages prior to carry out any transaction.
- Although we reserve the right to do so, we typically do not verify information that Innovators Project Administrators submit to the Platform.
- We do not endorse any Visitors
- We make no, and hereby disclaim all, representations, warranties, claims, and assurances as to any post available through our platform.
- COMMUNITY GUIDELINES /USER GUIDELINES
Expats Homeo Clinic community, like any community, functions best when its users follow a few simple rules. By accessing the Platform and/or using the Services, you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will not use the Services for any unlawful purpose
- You will not submit false or misleading information, or submit or offer any Donation, Contribution, reward, or other pledge that you do not intend to honour;
- You may not use the Services to engage in any commercial activities (other than in connection with service), including, without limitation, advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access the Platform or use the Services to collect any market research for a competing business;
- You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
- is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer;
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- is threatening, tortuous, defamatory, libellous, indecent, obscene, pornographic, or invasive of another’s privacy; promotes violence; constitutes hate speech; or endorses or opposes a political official or candidate;
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not “stalk” or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not cover, obscure, block, or in any way interfere with any safety features (e.g., report abuse button) on the Platform;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and to remove any content that does not adhere to these guidelines.
- INTELLECTUAL PROPERTY
The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Expats Homeo Clinic (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under Dutch Intellectual Property Rights Acts. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates, and you must immediately destroy any copies you have made of the Content.
- COMMUNICATIONS TO US
COMMUNICATIONS – GENERAL – When users use the website, they consent to receiving communications via electronic records as and when required. We can communicate to them via, email or any other method as required.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation to you.
- NO WARRANTIES; LIMITATION OF LIABILITY
AS NOTED ABOVE, WE MAKE NO ATTEMPT TO CONFIRM, AND DO NOT CONFIRM, THE PURPORTED IDENTITY OF ANY VISITOR AND PERFORM NO DILIGENCE ON PROJECTS, AND DO NOT WARRANT THAT THE SUBMISSIONS OR THE CONTRIBUTIONS WILL BE USED FOR ANY PARTICULAR PURPOSE. THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT YOU USE THE PLATFORM, THE SERVICES, AND THE CONTENT AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF BY YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ( INCLUDING, WITHOUT LIMITATION,INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM PARTICIPATIONS OR CONTRIBUTIONS MADE VIA THE PLATFORM OR YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR IDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- EXTERNAL SITES
The website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
- You hereby represent, warrant, and covenant that
- You shall not submit to the Platform any information that violates our Community Guidelines set forth above.
- You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, sponsors, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the Project Content, the Platform, or the Services, and (iii) your violation, misappropriation, or infringement of any third-party right, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
- COMPLIANCE WITH APPLICABLE LAWS
The Platform is based in the The Netherlands. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the Netherlands. If you access the Platform, the Services, or the Content from outside of the Netherlands, you do so at your own risk. Whether you are inside or outside Netherlands, you are solely responsible for ensuring compliance with the laws of your specific local jurisdiction.
- TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, modify or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
- INFORMATION TECHNOLOGY ACT
Expats Homeo Clinic respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or Project /Course Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Information Technology Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Expats Homeo Clinic
Jan van Nassaustraat 111, 2596BS, The Hague
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our representative with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the suitable laws applicable in The Netherlands. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the courts in The Netherlands and (ii) that the Services shall be deemed passive that do not give rise to personal jurisdiction over Expats Homeo Clinic, either specific or general, in jurisdictions other than the Netherlands. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THE SERVICES, THE PROJECTS, THE DONATIONS, THE CONTRIBUTIONS, THE CONTENT, OR OTHERWISE ARISING UNDER THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS LIKELY TO BE PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Safety of Children and Confidentiality”, “Disclaimer”, “No Warranties; Limitation of Liability”, “Representations; Warranties; Indemnification”, “Termination of the Agreement”, and “Miscellaneous”.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub licensees.