This Terms of Service Agreement (hereinafter referred to as the "Agreement") constitutes a legally binding agreement governing the legal relationship with our users and all others who may come into contact or interact with Sirma Medical Systems JSC with an address of management in the Republic of Bulgaria, Sofia, PO Box 1784, Tsarigradsko Shose Blvd. No. 135, Floor 3, and with our subsidiaries and affiliates, in connection with the use of Sirma Medical Systems JSC applications, which includes the Medrec:M mobile application for Android and iOS, and the web version of Medrec:M’s software (hereinafter referred to as the "Application") as well as its Services.
Any and all users of our applications, as well as visitors to our sites, whether registered or not, are considered "users" of the Services provided herein for this Agreement. When a person registers for our services, through the user profile creation process, then that user is considered a "member".
The User and/or Member acknowledges and agrees that the Services provided and accessible through our website and through our applications, which may include certain mobile applications, and such applications may be made available on various social networking sites and many other platforms and downloads are the exclusive property of Sirma Medical Systems JSC. In its sole discretion, Sirma Medical Systems JSC may offer additional website Services and/or products, or update, change or redesign current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or reworked Services unless otherwise stated. Sirma Medical Systems JSC reserves the right to cancel and discontinue any of the aforementioned Services and/or products. You, as an end user and/or member, acknowledge, accept and agree that Sirma Medical Systems JSC shall not be liable for any such updates, changes, revisions, suspensions, or discontinuance of any of our Services and/or products. By continuing to use the Services provided (following the posting of any updates, changes, and/or amendments) You agree to all such updates, changes, and/or amendments and, therefore, should regularly review this Agreement and any and all applicable terms and policies, to ensure that you are aware of all terms and policies currently in effect. In case you do not agree to the updated, revised, or amended terms, you must immediately stop using the Services provided.
In addition to that, the user and/or member understands, acknowledges, and agrees that the Services offered are provided "AS IS" and therefore, Sirma Medical Systems JSC assumes no responsibility or liability related to timeliness, missed deliveries, deletion, and/or failure to store user content, message or personalized settings.
To register and become a "member" of the Site, you must be at least 18 years of age to sign and enter into a legally binding contract. In addition, you must be in good standing and not a person who has been prohibited from using the Sirma Medical Systems JSC Services under the laws of the applicable jurisdiction.
When you register, Sirma Medical Systems JSC may collect certain information such as name, email, date of birth, gender, and country. You can edit your profile information at any time. Once you register with Sirma Medical Systems JSC and access our Services, you are no longer considered anonymous to us.
The complete pricing list of the services that the medical professionals offer is available in the Application. Prices are subject to change at any time without notice. Price changes will not affect the services you have already paid for. You can pay with a valid debit or credit card (Mastercard or Visa) as well as thru ePay. By providing your credit card details and related payment information on the App, you agree to be charged all fees and charges due and payable for services provided by Practitioners through the App and that no further notice or consent is required from you. You will receive a partial or full refund of the amounts paid by you if the consultation you requested is not provided within the period you paid for, or is not provided at all. When a paid service cannot be provided within 60 calendar days from the date of the scheduled appointment, the amount paid should be refunded by the Medical Centre. Each and every service is paid in advance by the deadline specified in the application. A service that is not paid in advance within the specified period cannot be provided.
All services offered by third parties (e.g. external food databases) are subject to change and/or termination without prior notice.
When you create an account, you are the only authorized user of your account. You are responsible for maintaining the secrecy and confidentiality of your password and for all activities that occur through or within your account. You are responsible for any action or inaction of another user(s) related to your account information that, if taken by you, would be considered a violation of the Agreement. It is your responsibility to notify Sirma Medical Systems JSC immediately if you become aware of any unauthorized access or use of your account or password, or if you become aware of any other breach of security. Sirma Medical Systems JSC shall not be liable for any loss and/or damage arising from failure to comply with the terms and/or conditions of this Agreement.
As a user or member of the Site, You hereby acknowledge, understand, and agree that for all information, text, software, data, photographs, music, videos, messages, tags, or any other content, whether public or privately posted and/or shared, responsibility rests solely with the person from whom the content originated. In short, this means that you are solely responsible for all content posted, uploaded, emailed, shared, or otherwise made available through the Sirma Medical Systems JSC Services, and we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services you may be exposed to any errors or omissions in any Content posted and/or loss or damage of any kind incurred as a result of the use of any Content posted, submitted by email, transmitted, or otherwise provided by Sirma Medical Systems JSC.
In addition, You hereby agree not to use the Sirma Medical Systems JSC’ Services to:
a) upload, post, email, transmit or otherwise make available any content that is considered illegal, harmful, threatening, offensive, harassing, sensitive, defamatory, vulgar, desecrating, defamatory, or invasive of the privacy of another or content that is defamatory and/or racist, ethnic or otherwise objectionable;
b) assaulting minors in any way;
c) impersonate any other person or entity, including but not limited to Sirma Medical Systems JSC employees, forum leaders, guides, or hosts, or falsely represent or otherwise mislead as to your affiliation with a person or legal entity;
d) falsifying captions, subtitles, or titles or providing any type of content without you having the right to do so under any law and without having any type of contractual or fiduciary relationship;
e) upload, post, email, transfer, or otherwise offer such content where it would affect a patent, copyright, trademark, or other intellectual or any other type of property rights of any other party;
f) upload, post, email, transfer, or otherwise offer content that you are not entitled to offer under any law or pursuant to a contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering unsolicited or unauthorized advertising, flyers, "junk mail", "spam" or any other form of exhortation and solicitation, except in the places designated for that purpose;
h) upload, publish, send by e-mail, transfer, or otherwise offer any sources that may contain a software virus or other computer code, any files and/or programs designed to impede, destroy and/or limit the operation of any type of computer software, hardware or telecommunications equipment;
i) interrupting the normal flow of communication or taking any other action that negatively affects the ability of other users to participate in the real-time exchange;
j) interfering with or disrupting the Sirma Medical Systems JSC’ Services, servers, and/or networks that may be connected to our website, including, but not limited to, the use of any type of software and/or any other methods to defeat verification, designed to exclude "robots";
k) intentional or unintentional violation of applicable local, state, federal, national or international law;
l) “stalking” and/or showing the intent to otherwise harass a person;
m) collecting or storing personal data related to another member or user in connection with prohibited conduct and/or activities referred to in the above paragraphs.
Sirma Medical Systems JSC reserves the right to pre-screen, refuse and/or delete any public content currently available through our Services. In addition, we reserve the right to remove and/or delete such content that would violate the Agreement or that would otherwise be deemed offensive to other visitors, users and/or members. Sirma Medical Systems JSC reserves the right to access, preserve and/or disclose member account information and/or content if required to do so by law or in the good faith belief that any such action is reasonably necessary for a purpose:
a) compliance with all legal procedures;
b) enforcement of the Agreement;
c) responding to any claim that the content violates the rights of a third party;
d) responding to customer service inquiries;
e) protecting the rights, property, or personal safety of Sirma Medical Systems JSC, its visitors, users, and members, including the general public.
Sirma Medical Systems JSC does not claim ownership of the content provided by any visitor, member, or user, nor does it provide for such content to be included on our website Services. You, therefore, grant and authorize Sirma Medical Systems JSC the worldwide, royalty-free, and non-exclusive licenses set forth below, as applicable:
a) Medical Information may be shared anonymously and may be used for medical research and statistical analysis. This means that all information that may contain personally identifiable information will be omitted and WILL NOT BE SHARED, which includes but is not limited to any notes, comments, images, and all text information entered by the user.
b) Content created or made available for inclusion on the publicly accessible parts of the Sirma Medical Systems JSC Sites - the license granted to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our Network Services is for the sole purpose of providing and promoting the specific area in which such Content has been placed and/or made available for viewing. This license will be available as long as you are a member of the Sirma Medical Systems JSC Sites, and will terminate at the time you choose to discontinue your membership.
c) Photographs, audio, video, and/or graphics posted or made available for inclusion in the publicly accessible parts of the Sirma Medical Systems JSC Sites - the license granted authorizes the use, distribution, reproduction, modification, adaptation, public performance, and/or public display of said Content within our network services are for the sole purpose of providing and promoting the specific area in which such Content has been placed and/or made available for viewing. This license will be available while you are a member of the Sirma Medical Systems JSC Sites, and will terminate at the time you choose to discontinue your membership.
d) For any other Content posted or made available for inclusion in the publicly accessible portions of the Sirma Medical Systems JSC Sites - the perpetual and binding license, with full sublicensing rights, permits the use, distribution, reproduction, modification, adaptation, publication, translation, public performance and/or public display of said Content, in whole or in part, and the incorporation of any such Content into other works of any structure or format now in use or later developed.
The portions of the Sirma Medical Systems JSC Sites that may be considered "publicly accessible" are those areas of our network properties that are intended to be accessible to the general public and that include message boards and groups that are openly available to both users and members. However, the areas that are not open to the public and are therefore only available to members include our mail system and instant messaging.
Sirma Medical Systems JSC allows our users and members to provide feedback to our website. When you submit ideas, documents, recommendations, and/or suggestions ("Contributions") to our website, you acknowledge and agree that:
a) Your Contribution does not contain any confidential or proprietary information;
b) Sirma Medical Systems JSC shall not be responsible or liable for ensuring or maintaining the confidentiality, expressed or implied, of any Contribution;
c) Sirma Medical Systems JSC shall have the right to use and/or disclose any Contribution in such manner as it deems appropriate;
d) each Contribution of the Contributor automatically becomes the exclusive property of Sirma Medical Systems JSC;
e) Sirma Medical Systems JSC is under no obligation to compensate or provide any form of reimbursement in any manner or of any nature.
Member or User agrees not to make an exact copy, duplicate, copy, trade, sell, resell or exploit for any commercial purpose any portion of the Sirma Medical Systems JSC Websites, the access thereto, or the use thereof.
You hereby acknowledge and agree that Sirma Medical Systems JSC may establish such practices and/or restrictions with respect to the use of our Services, without limitation on the maximum number of days that any email, posted message or other uploaded content is retained by Sirma Medical Systems JSC nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent or received by a user profile on our Service, the maximum allowable disk space that will be allocated on Sirma Medical Systems JSC' servers on behalf of the member, and/or the maximum number of times and/or duration that each member may access our Services in a given period of time.
In addition, you also agree that Sirma Medical Systems JSC has absolutely no responsibility or liability for the deletion or failure to store any messages and/or other communications or content maintained or transmitted through our Services. You also acknowledge and understand that we reserve the right to delete or remove any account that is inactive for an extended period of time. In addition, Sirma Medical Systems JSC reserves the right to change, modify and/or update these general practices and restrictions at our sole discretion. Any communication service, which may include any web-based versions, will allow you and the persons with whom you communicate to save conversations in your profiles located on Sirma Medical Systems JSC' servers. This way you will have access to your message history and be able to search it from any device with internet access. You also acknowledge and agree that others have the ability to use and save conversations with you in their personal profile to Medrec:M. By agreeing to this Agreement, you give your permission and authorize Sirma Medical Systems JSC to store any message and all communications on its servers.
Sirma Medical Systems JSC reserves the right at any time, as it deems necessary, to change, modify or discontinue, whether temporarily or permanently, our service or any part thereof, with or without notice. In addition, we will not be liable to you or any third party for making any such modification, suspension, and/or discontinuance of our Services or any part thereof.
As a Medrec:M member you may cancel or terminate your account and delete all your personal data. This option is available in the User profile settings of the application. If you are unable to perform these actions yourself or have any further questions, please contact us on support\@medrec-m.com. As a member, you agree that Sirma Medical Systems JSC may, without prior written notice, immediately suspend, terminate, and/or limit your account, any email associated with your account, and access to any of our Services. The reason for such suspension, termination, and/or restriction of access includes, but is not limited to:
a) any failure to comply with or breach of the Agreement or other incorporated agreements, regulations, and/or guidelines;
b) a request by law enforcement or other government agencies;
c) termination, change, and/or material transformation of our Services or part thereof;
d) unexpected technical inconsistencies and problems and/or inconsistencies and security-related problems;
e) extended periods of inactivity;
f) your participation in fraudulent or illegal activities;
g) non-payment of fees due by you in connection with the Services to your Medrec:M account.
You further agree that any suspension, termination, suspension, and/or restriction of access for lawful reason shall be in our sole discretion and that we shall not be liable to you or any third party with respect to the termination of your account, its associated email address and/or access to any of our Services.
Termination of your Medrec:M profile may include any or all of the following actions:
a) complete or partial removal of access to the Services offered within Medrec:M;
b) permanent removal of your account and all related information, files, and any similar content associated with or in your account or any part thereof;
c) prohibition of further use in whole or in part of our Services.
Any correspondence or business dealings with, or any participation in, promotions of advertisers found on or through our Service, including payment and/or delivery of related goods and/or Services, and any other terms, conditions, warranties and/or representations, relating to such arrangements are and shall be solely between you and such advertiser. Furthermore, You hereby agree that Sirma Medical Systems JSC shall have no responsibility or liability for any loss or damage of any kind incurred as a result of such arrangements or as a result of the presence of such advertisers on our application and/or website.
Both Sirma Medical Systems JSC and third parties may provide links to other sites and/or resources. You hereby acknowledge and agree that we are not responsible for the availability of such external sites or resources, and accordingly, we do not warrant or have any kind of responsibility or liability for any content, products, advertisements, or other materials available on or from such third-party sites or resources. You further acknowledge and agree that Sirma Medical Systems JSC shall have no responsibility or liability, whether direct or indirect, for any damages or losses arising, caused, or alleged to be caused by or in connection with the use or reliance on such Content, goods or Services available on or through such site or resource.
You hereby acknowledge and agree that the Sirma Medical Systems JSC Services and any software that may be used in connection with our Services ("Software") contain proprietary and confidential material protected by applicable intellectual property rights, such as and from other laws. You further acknowledge and agree that any Content contained in any advertisement or information provided by or through our Service or by advertisers is protected by copyright, trademark, patent, or other rights and property laws. Therefore, except as expressly permitted by applicable law or as authorized by Sirma Medical Systems JSC or another applicable licensor, You agree not to modify, alter, lease, rent, loan, sell, distribute, transfer, broadcast, publicly display, and/or create plagiarized works based on the Sirma Medical Systems JSC Services (e.g., Content or Software), in whole or in part.
Sirma Medical Systems JSC hereby grants You a personal, non-transferable, non-assignable, and non-exclusive right and/or license to use the object code of our Software on one computer or one mobile device, provided that You do not and will not allow any third-party person to copy, alter, modify, create or plagiarize the Developments by reverse engineering, reverse assembling or otherwise attempt to locate or discover program code, sell, assign, sublicense, secure and/or otherwise transfer any was right about the Software. You also hereby agree not to modify the Software in any manner, of any nature or in any form, and therefore not to use any modified versions of the Software, including but not only in order to gain unauthorized access to our Services. Finally, You also agree not to access or attempt to access our Services through any means other than through the interface provided by Sirma Medical Systems JSC for the purpose of accessing our Services.
YOU HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOU USE SIRMA MEDICAL SYSTEMS JSC SERVICES AT YOUR OWN RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SIRMA MEDICAL SYSTEMS JSC AND OUR SUBSIDIARIES, BRANCHES, OFFICIALS, EMPLOYEES, AGENTS, PARTNERS, and LICENSORS EXPLICITLY REFUSE EACH AND ALL TYPES OF GUARANTEES, WHETHER THEY EXPLICIT OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND ELIGIBILITY FOR A PARTICULAR PURPOSE.
b) SIRMA MEDICAL SYSTEMS JSC AND OUR SUBSIDIARIES, AFFILIATES, OFFICIALS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY OF ANY KIND THAT: (i) THE SIRMA MEDICAL SYSTEMS JSC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SIRMA MEDICAL SYSTEMS JSC SERVICES OR SOFTWARE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT THE RESULTS OBTAINED FROM THE USE OF THE SIRMA MEDICAL SYSTEMS JSC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE PRODUCTS, SERVICES, AND ANY OTHER INFORMATION OR MATERIAL THAT MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY ERRORS CONTAINED IN THE SOFTWARE WILL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SIRMA MEDICAL SYSTEMS JSC SERVICE OR SOFTWARE TO BE ACCESSIBLE AT YOUR DISCRETION AND AT YOUR OWN RISK, AND THEREFORE YOU CARRY EXCLUSIVE RESPONSIBILITY AND GIVE UP ANY CLAIM AND TAKE ON THE ENTRY ANY ACTION FOR ANY DAMAGES RELATED TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAY, OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
d) NO NOTICES AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT YOU MAY OBTAIN FROM SIRMA MEDICAL SYSTEMS JSC OR THROUGH OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR COMPUTER SCREEN BACKGROUNDS OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY CAUSE PREVIOUSLY UNKNOWN CONDITIONS OR EPILEPTIC SYMPTOMS IN USERS WITH NO HISTORY OF PREVIOUS SEIZURES OR EPILEPSY. IF YOU, SOMEONE YOU KNOW, OR ANYONE IN YOUR FAMILY IS SUFFERING FROM EPILEPSY, PLEASE CONSULT YOUR DOCTOR. PLEASE CONSULT YOUR PHYSICIAN IMMEDIATELY IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, CHANGES IN VISION, EYE OR MUSCLE TWISTS, LOSS OF CONSCIOUSNESS, DISORIENTATION, OR ANY INVOLUNTARY OR ABNORMAL MOVEMENTS.
YOU EXPRESSLY AGREE, UNDERSTAND, AND ACKNOWLEDGE THAT SIRMA MEDICAL SYSTEMS JSC AND OUR SUBSIDIARIES, AFFILIATES, OFFICIALS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INCIDENTAL, SUBSEQUENT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO LOSS OF PROFITS, REPUTATION, DATA, INABILITY TO USE THE SERVICE, AND/OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF ACQUIRING SUBSTITUTE GOODS OR SERVICES;
c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS AND/OR DATA;
d) STATEMENT OR CONDUCT OF THIRD PARTIES ON OUR SERVICE;
e) ANY OTHER QUESTIONS THAT MAY BE RELATED TO OUR SERVICE.
In the event of a dispute, You agree to indemnify Sirma Medical Systems JSC (and its officials, directors, employees, agents, subsidiaries, affiliates, co-brands, partners, and other third parties) from claims, demands, and damages (actual or arising) of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with this dispute.
THERE ARE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You hereby understand and agree that, except as otherwise expressly provided in the Agreement, there shall be no third-party beneficiaries under this Agreement.
Sirma Medical Systems JSC may provide you with notices, including those related to any changes to the Agreement, including but not limited to emails, postings on our website, Services, or by other reasonable means currently known or as may be developed after this. You may not receive any such notices if you violate any aspect of the Agreement by accessing our Services in an unauthorized manner. By accepting this Agreement, you agree that you will be deemed to have received all notices that would have been delivered to you if you had accessed our Services in an authorized manner.
You hereby acknowledge, understand, and agree that all trademarks, copyrights, trade names, company service marks, and other logos and brand characteristics and/or product and service names of Sirma Medical Systems JSC are considered trademarks and as such are and remain the property of Sirma Medical Systems JSC. You hereby agree not to display and/or use in any manner the Sirma Medical Systems JSC logo or marks without the prior written consent of Sirma Medical Systems JSC.
This Agreement sets forth the entire agreement between you and Sirma Medical Systems JSC and governs your use of our Services, superseding any prior versions of this Agreement between you and us with respect to the Sirma Medical Systems JSC Services. Also, you may be subject to additional terms and conditions that may apply when you use or purchase other certain Sirma Medical Systems JSC Services, partner services, third-party content, or third-party software.
At any time Sirma Medical Systems JSC fails to apply or enforce any right or provision of the Agreement, such failure to enforce shall not constitute a waiver of the right or provision. If a court or other competent jurisdiction holds that any provision of this Agreement is invalid, the parties nevertheless agree that the court shall seek to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Agreement shall remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and all rights to your ID and/or content in your account will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all content permanently deleted.
Please report any type of violations of this Agreement to Sirma Medical Systems JSC as follows:
Sirma Medical Systems JSC
Bul. Tsarigradsko shose, №135, floor 3
Sofia PK 1784, Bulgaria