TRUST SURGEONS TERMS OF SERVICE
Effective date: April 1, 2021
This Terms of Service, hereinafter referred to as the “Contract”, shall constitute contractual relationships between you, and Lortkipanidze Mykhailo Malkhazovych, hereinafter referred to as “Trust Surgeons”.
Please carefully read the terms and conditions of this Contract and make sure you understand everything before you proceed as by accepting the terms and conditions of this Contract you shall be bound by it.
In the case you disagree with this Contract in full or any part hereof as well as the new updated version of it, please immediately stop using the services provided for hereunder.
1. DEFINITIONS.
The terms provided below are used hereunder exclusively for your convenience and does not affect its legal meaning set out by applicable law. Such terms shall be construed as follows.
- Application means mobile applications or other application software built for any other platform under the title “Trust Surgeons” or any other title and designed to provide a service which helps its users to search for and find information about medical services and their providers as well as provide other related services, and which are owned and operated by Trust Surgeons.
- Website means a website owned by Trust Surgeons whose domain is https://www.trustsurgeons.com through which the Application and related services are accessible for Users.
- User means any person who uses Application, Website and/or other services operated by Trust Surgeons through these or other platforms.
- Effective Date means the date you accept the terms and conditions of this Contract in one or more of the ways referred to in Section 2 of this Contract.
2. CONTRACTING.
By accessing and/or using the services hereunder, including by creating a profile or an account within Trust Surgeons’s system, you acknowledge and expressly and unambiguously agree to this Contract and contracting as well as to the Privacy Notice and the Cookie Policy .
The Contract shall be deemed to have been executed upon the moment you accept this Contract which may be performed, in particular, by: і) commencement of actual use of the services; іі) your registration on the Website, in Application or with other Trust Surgeons’s system, including by creating an account or profile herein; iii) putting an electronic signature in any form permitted by applicable law; iv) starting actual use of the services.
The Effective Date shall be calculated upon performance of any of your actions specified in this Section, which took place first.
3. SCOPE & SERVICES.
This Contract governs and applies to your access to and use of the Website, Application and services accessible and provided through such or other platforms, hereinafter collectively referred to as the “Services”, owned, operated or provided by or on behalf of Trust Surgeons.
The Services referred to in this Contract, may be provided upon condition of User’s registration or without such a condition. Where the registration procedure is obligatory, to obtain an access to and use the Services hereunder you have to register with Trust Surgeons’s system by completing all the mandatory fields of the registration forms requesting User’s personal data referred to in the Privacy Notice and Cookie Policy. In other cases, where possible and appropriate without prejudice to the quality of the Services, you may be granted an access to the Services without registration procedure.
By registering with Trust Surgeons’s system and/or using the Services hereunder you shall become a User. To become a User and enjoy the Services hereunder, you’re also required to be at least 18 years old and agree to the Privacy Notice and Cookie Policy.
If you provide any false, inaccurate or incomplete information or if Trust Surgeons considers that there are reasonable causes to doubt the accuracy, integrity or truthfulness of such information, Trust Surgeons may deny you an access to, and use of, the Services hereunder or any content included herein.
The Services hereunder constitute a platform that provides the Users with information about medical services and their providers. Through the Services the User is provided with an access to the preferred medical providers and their services based on User’s specific needs, requests and preferences. After obtaining such an access the User by means of the Services may choose the most suitable medical provider and make an appointment with him.
Please be aware that Trust Surgeons is not the provider of medical services, does not assign any medical provider for you and acts only as a platform and intermediary that assists you to choose such a medical provider and make an appointment. All information concerning medical providers that is available through the Services is obtained from medical providers themselves or from other sources Trust Surgeons deems reliable. Trust Surgeons undertakes reasonable efforts to ensure that such information is up-to-date and correct. Any information accessible through the Services, including without limitation, information as to medical providers and any third parties either obtained from or placed by them on the Website or in Application or otherwise accessible through the Services, may not be considered as a medical examination, consultation or any other medical service. Trust Surgeons may not guarantee and be held liable for the accuracy of any such information, nor shall the Services be considered as an endorsement, representation or any recommendation of medical providers or quality of their services.
You agree to use the Services, including all features and functionalities associated therewith, pursuant to this Contract, all applicable laws, regulations and rules, or other restrictions on use of the Services or content therein. You may not use the Services otherwise than for personal and non-commercial purposes.
Trust Surgeons regularly updates the Website, Application, all the Services and all the content accessible through them. Trust Surgeons also constantly tests and monitors various aspects of the Services, including without limitation, the Application, promotional features, User interfaces, availability of the Website or any other content accessible through the Services.
Trust Surgeons may at its sole discretion use commercially reasonable efforts to provide technical support for Services. Technical support shall be determined exclusively by Trust Surgeons and may be provided, including without limitation, by way of telephone and email assistance. Trust Surgeons is not responsible for providing technical support for any products, apps or services provided to you by any third party.
4. PAYMENTS.
Trust Surgeons charges you fees for accessing and using some of the Services hereunder, including on a subscription basis. If the charges are related to a portion of the Services, you agree to pay that charge in the currency specified by Trust Surgeons. The prices specified for the Services excludes all applicable currency exchange settlements, taxes, duties and other additional charges and fees unless stated otherwise. You are solely responsible for paying such currency exchange settlements, taxes, duties or other additional charges, unless stated otherwise.
To access and use the above Services, you must provide one or more payment methods suggested by Trust Surgeons. Trust Surgeons engages third party payment providers to process and/or accept the payments due to Trust Surgeons hereunder. If you purchase the above Services on a subscription basis and your primary method is declined or no longer available to Trust Surgeons for payment of your subscription fee, the latter may charge any payment method related to your profile or account within Trust Surgeons’s system. You remain responsible for any uncollected amounts. If Trust Surgeons does not receive a payment from you on time or such payment is not successfully settled, due to incorrect payment information, expiration, insufficient funds or otherwise, it may cancel or suspend your access to the Services until the valid payment method is successfully charged.
You may update your payment methods and Trust Surgeons may do the same using information provided by third party payment providers. In the aftermath of any update, Trust Surgeons is entitled to keep charging the applicable payment methods.
You can cancel your access to the chargeable Services, including those on a subscription basis, at any time. In this case you’ll further have an access to such the Services to the end of the billing period, if any. Please note, that insofar as permitted by applicable law, the payments due to Trust Surgeons are non-refundable as well as Trust Surgeons does not provide any refunds for partially used or unused Services, including those on a subscription basis. If you cancel your subscription to the chargeable Services, your account or profile within Trust Surgeons’s system shall automatically close at the end of the billing period.
5. PERSONAL DATA.
Your Privacy is important to us and we’re committed to protecting it. That’s why your use of the Services hereunder is also subject to Trust Surgeons’s Privacy Notice and Cookie Policy. Please read the Privacy Notice and Cookie Policy carefully as it sets out the types of personal data Trust Surgeons collects from you and your devices, how it uses your personal data, and the legal bases for it. Where processing is based on consent and to the extent permitted by applicable law, by agreeing to this Contract or by accessing and continuing to use the Services, including, but not limited to, by registering or creating an account or profile with Trust Surgeons’s system, you consent to Trust Surgeons’s collection, use and disclosure/transfer of your personal data as set forth in the Privacy Notice and Cookie Policy. Where necessary or required by applicable law, Trust Surgeons may request your separate consent to processing your personal data as referred to in the Privacy Notice and Cookie Policy.
6. INTELLECTUAL PROPERTY.
All copyrights, industrial property and other intellectual property rights to the Website, Application, any its parts or any content included herein and accessible through the Services, including without limitation, any texts, images, graphic designs, industrial designs, utility models, inventions, software, trademarks and others, are exclusively owned by Trust Surgeons.
To access and use the Services hereunder, Trust Surgeons grants the User a non-exclusive, limited, non-transferrable, non-sublicensable, revocable license. Except as provided herein, you shall not obtain under this Contract from Trust Surgeons or other affiliates or persons acting on behalf of Trust Surgeons, any other rights, including without limitation, any related intellectual property rights.
You may not reproduce, archive, modify, distribute, display, publish, perform, license or sublicence, offer for sale or sell, create derivative works from, or use, except as explicitly specified in this Contract, the Website, Application, or any other content or information or any part thereof accessible, contained on or obtained from or through the Services. You also may not use any spider, scraper, robot or any other automated means to access the Services; reverse engineer, decode, emulate, disintegrate, reverse engineer, restore or attempt to restore the source code or protocols of, decompile or disassemble Website, Application, software or any other content or processes or any part thereof accessible, contained on or obtained from or through the Services or perform engineering analysis for such purposes; insert product, code or manipulate the content of the Services in any way; circumvent, alter, degrade, deactivate, thwart or remove any of the content protections in the Services; or use any data gathering, data mining, or extraction method. In addition, you’re prohibited to post, e-mail, send or otherwise transfer any material designed to destroy, interrupt or limit the functionality of any software or hardware or telecommunications equipment associated with the Services, including without limitation any software viruses or any other computer programs, files or codes.
If you violate this Contract or are engaged in any fraudulent or illegal use of the Services, or otherwise fail to comply with this Section, Trust Surgeons may restrict or terminate your access to and use of the Services.
7. WARRANTIES & REPRESENTATIONS.
The Services and any content accessible through them are delivered to you on an “as-is” basis and without warranties of any kind, expressed or implied, guarantees or conditions with regard to such use of the Services. You have to understand that use of the Services hereunder is at your sole risk, and that such the Services may not be, in particular, error-free or uninterrupted. You waive all indirect, consequential, and special, damages against Trust Surgeons as well as you hereby disclaim all warranties and conditions with respect to the Services, either express, implied, or statutory, including without limitation, the implied warranties and/or conditions of satisfactory quality, of accuracy, of noninfringement of third-party rights. These conditions shall not limit or otherwise affect any of your non-waivable rights and warranties under your local laws, if they are applicable.
You represent and warrant that you are at least 18 years old and that all the information relating to your identity and capacity provided to Trust Surgeons, including during registration procedure, is accurate, complete and true.
You represent and warrant that you have necessary and sufficient legal capacity and authority to enter into this Contract under applicable law.
You represent and warrant that entry into this Contact does not in any way violate your rights and legitimate interests, as well as does not in any way restrict your legal capacity.
You represent and warrant that entry into this Contact in no way infringes the rights, freedoms and legitimate interests of third parties.
8. FORCE MAJEURE.
Neither you nor Trust Surgeons shall be liable for non-performance or improper performance of obligations hereunder, should such non-performance or improper performance is the result of force majeure, namely: floods, fires, natural disasters, epidemics, decisions of state bodies, changes in the applicable law and other circumstances recognized as force majeure circumstances arisen beyond your or Trust Surgeons’s will and control and which you or Trust Surgeons could not have foreseen and/or prevented by reasonable measures.
9. ENFORCEMENT.
If you violate this Contract and/or any warranty set forth herein or fail to comply herewith in any other way, Trust Surgeons may, in its sole discretion, cancel or suspend your access to the Services or otherwise stop delivering the Services to you, including by closing your registered account or profile within Trust Surgeons’s system, if any.
10. GOVERNING LAW & DISPUTES.
This Contract and the relationship between you and Trust Surgeons, without reference to conflict law rules, shall be governed by and construed in accordance with the laws of Ukraine except where otherwise provided by applicable law. The United Nations Convention for the International Sale of Goods shall not apply to this Contract. You and Trust Surgeons hereby irrevocably agree to the exclusive jurisdiction and venue of the Ukrainian courts for all disputes between you and Trust Surgeons arising out of this Contract or related thereto.
You may only resolve disputes with Trust Surgeons on an individual basis. You undertake not to bring or participate in any class, consolidated, or representative action against Trust Surgeons or any of its affiliates or employees.
11. CONTRACT CHANGES & ASSIGNMENT.
Trust Surgeons is entitled at any time to alter, amend or otherwise modify this Contract and any annexes hereto, including by adding new additional terms and conditions hereto. Such alterations, additional terms and conditions shall be effective immediately and incorporated into this Contract. You hereby undertake to constantly monitor all the alterations and modifications made in the Contract which shall be published by Trust Surgeons on the Website or otherwise disclosed to you, including by sending the relevant information to your email address. Your continued use of the Services shall be deemed acceptance thereof.
Trust Surgeons at any time may assign or transfer its contract with you, including without limitation, its associated rights and obligations. Trust Surgeons does not require any your consent to such an assignment or transfer provided the information about this is duly notified to you as referred to in the first paragraph of this Section. You hereby undertake to assist and cooperate with Trust Surgeons in relation to such an assignment or transfer.
12. TERM & TERMINATION
The term of this Contract shall commence on the Effective Date and will remain in effect until terminated under this Contract.
Trust Surgeons may terminate this Contract for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other means of communication. Any such termination shall be without prejudice to Trust Surgeons’s rights, interests, claims, defences or remedies hereunder. If you breach any provision of this Contract, Trust Surgeons may also terminate this Contract in any way specified in this Section.
You may terminate this Contract for any or no reason at any time by providing Trust Surgeons a notice and closing your account or profile, if any, for all the Services for which Trust Surgeons provides an account or profile closing mechanism.
Please note, that any notice of termination of this Contract either by you or by Trust Surgeons to each other must include a termination date.
Upon termination of this Contract, you’ll no longer be entitled to have an access to and use the Services or any content accessible through it.
13. ENTIRE CONTRACT.
This Contract incorporates Privacy Notice, Cookie Policy, all other polices and documents by reference and is the entire agreement between Trust Surgeons and you in regard to the subject matter of this Contract. This Contract supersedes all prior or contemporaneous agreements, undertakings, representations or communications between Trust Surgeons and you, whether verbal or written, in regard to the subject matter of this Contract. Trust Surgeons shall not be bound by any provision, condition or term that is different from or in addition to the provisions, conditions or terms of this Contract.
14. SURVIVAL.
If any provision or provisions of this Contract shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of other provisions hereof shall remain unaffected.
15. INCONSISTENCY.
If the provisions of this Contract are inconsistent with the provisions contained in Privacy Notice, Cookie Policy, any other policy or document, the provisions contained herein shall control to the extend necessary to resolve such inconsistency.
If Trust Surgeons provides a translation of the English language version of this Contract, the English language version of this Contract shall control if there is any conflict.
16. MISCELLANEOUS
Trust Surgeons does not monitor or review the content of third parties’ websites and services which are linked to from the Website or Application, nor does Trust Surgeons control the availability and content of such websites and services.
This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Contract.
All communications between you and Trust Surgeons shall be performed electronically. Trust Surgeons may communicate with you by email or by posting notices on the Website or otherwise. All communications, including without limitation, notices, agreements, disclosures that Trust Surgeons provides to you electronically, shall satisfy any legal requirement that such communications be in writing and/or signed. All communications and notices made or given subject to this Contract must be either in English or Ukrainian.