Terms and Conditions of Use
These Terms and Conditions of Use (hereinafter, referred to as “Terms”) constitute an entire agreement between the User of the Application GetBetter (hereinafter, referred to as “you”, “your”) and Vasion Commercial Ltd. Pasea Estate, Morgan & Morgan Building, Tortola, P.O.Box 958 Road Town, British Virgin Islands VG1110 (hereinafter, referred to as the “the Company”, “We”, “Our”). By using the Application, you agree to be legally bound by these Terms.
1.1 The Application is a social network for people with certain diseases. When you register in order to become a member of the social network (hereinafter, referred to as “Member”), you will be allowed to choose the name of disease you in which you are interested. The Members are allowed to exchange feedback on the medicines used by them. Members are allowed to search for each other by using the name of a disease as a criterion for their search.
1.2 The Application allows doctors to register accounts. The doctors answer to (1) free and (2) paid. These two types of accounts have different functionality.
1.3 Members can use the Application to (1) leave comments on medication with which they were treated and (2) comments on a doctor by whom they were treated.
1.4 GetBetter members can create GetBetter Groups and Company Pages for free, however, GetBetter, in its sole discretion, may close or transfer GetBetter Groups , or remove content from them if the content violates this Agreement or others’ intellectual property rights.
1.5 If Members pay
certain fee, they can send questions to doctors. The questions can be sent at
any time during the day and the week. Because
the payment goes through the AppStore, Apple takes a part of the fee. The
Company takes only a portion of the fee paid by Members.
2.1 In order to become a Member and access the area on the Application reserved for registered users (hereinafter, referred to as the “Members Area”), the Company requires that you are: (1) diagnosed patient of the social group which you would like to join or a parent or legal representative acting for such a patient; (2) a person taking care of a patient who is eligible to join such a social group; (3) medical specialist, such as doctor, nurse, health researcher; (4) a person who has legitimate and non-commercial reasons to participate in the social group you are joining who agrees to respect the privacy and the dignity of all Members.
2.2 Children under the age of 13 cannot be registered as Members. By registering as a Member, you explicitly declare that you are at least 13 years of age.
3. Medical Advice
3.1 Any material submitted through the Application, including, but not limited to, text, logos, pictures, and sound, is provided for information purposes only. No material accessed through the Application constitutes a medical advice. If you have any questions concerning your health, please always consult your medical specialist or other qualified service provider. Any reliance on the information accessed through the Application is solely on your own risk.
3.2 We provide absolutely no assurance that any statement accessed through the Application is correct. Most of the information accessed through the Application is rendered, in part or in whole, by nonprofessionals.
3.3 The medical information accessed through the Application is, at best, of a general nature and is not a substitute for the medical advice of a medical specialist.
3.4 Neither the users of the Application nor the Company can take any responsibility for the results or consequences of any attempt to use or adopt any of the information accessed through the Application.
4. Acceptable use
4.1 You are not allowed to submit any information through the Application that is (1) not true; (2) harmful; (3) violating intellectual property rights of third persons; (4) violates any applicable law. You are not entitled to use the Application for conducting illegal activities.
5. Prohibited use
5.1 Please note that you are not entitled to use any automated means, such as robots and spiders, to access the Application. Moreover, you are not entitled to submit any content through the Application that contains viruses, Trojan horses, or any other programs that may affect the Application or the computers of the users of the Application. You are strictly prohibited to send spam or any other advertising and to use the contact information of the Members to send spam or other advertising.
6. The non-commercial nature of the Application
6.1 The Application is for personal use only. The Application cannot be used for commercial purposes. Commercial organizations are entitled to become Members only with the express consent from the Company. All content that is submitted through the Application can be used only by Members.
8. User-generated content
8.1 Users may submit content through the Application (hereinafter, referred to as “User-generated content”). The User-generated content includes, but is not limited to, text, pictures, and sound. By posting User-generated content, you grant the Company with the right to store the User-generated content and make it accessible through the Application.
8.2 By posting any User-generated content, you agree that the User-generated content posted by you can be used for statistical purposes, such as studying the effects of drugs. If the User-generated content is used for statistical purposes, the User-generated content will be anonymized. The anonymized User-generated content will not contain information that can identify individuals, including user names.
8.3 The Company does not review or post-edit any User-generated content and are not liable for any such content.
9. Member Password and Login Identity
9.1 Members are solely responsible for maintaining the confidentiality of their member password and login names. You are strictly prohibited to provide your login and password to another person. In case you provide your login and password to another person, your membership may be terminated. If you become aware that your membership password or login is used by other person, please contact the Company immediately.
10. Termination of membership account
11. Amendments of these Terms
11.1 The Company reserves the right to amend these Terms at any time by publishing the amended Terms on the following web address: appgetbetter.com/terms.html. We would like to kindly request you to regularly check whether the Terms have been recently amended.
12.1 If you purchase any services that we offer for a fee, either on a subscription basis (“Paid Services”), you agree to GetBetter storing your payment information. You also agree to pay the applicable fees for the Paid Services as they become due plus all related taxes, and to reimburse us for all collection costs
12.2 Failure to pay may result in the termination of your subscription.
12.3 Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates.
12.4 You may cancel or suspend your Paid Services. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that GetBetter’s Paid Services are subject to this Agreement and any additional terms related to the provision of the Paid Service.
12.5 We charge you for the consulting services provided by doctors as follows:
Advise during a 48
hours period costs 4.99 USD
Advise during a one week period costs 9.99 USD
Advise during a one month period costs 19.99 USD
12.6 We reserve the right to change its fee structure and/or parameters at any time by notification posted on its Application and without further notice to you.
12.7 The fees will be charged in accordance with the rules of store.apple.com.
13.1 The Application is provided on an “as is” and “as available” basis. The Company does not make any warranties concerning the Application. The Company does not guarantee that the Application will be always available. Moreover, the Company does not guarantee that any information accessed through the Application is correct.
13.2 Any information published by the Members is not
endorsed or approved by the Company. You are solely responsible for your use of
13.3 The Application may include links to third party web sites (“Third Party Sites”) or applications. GetBetter is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications.
14. Limitation of Liability
14.1 You agree to not hold the Company liable for any damages caused by your use of the Application or your reliance to any information accessed through the Application.
15.1 You agree to indemnity and hold harmless the Company from any liabilities, actions, or demands that can result from breaches of this Agreement.
16.1 By registering as a Member, you agree that the
Company may send you email notices. The email notices will be sent to the email
address which you provided to us when registering as a Member.
16.2 We may send you a series of emails and other means available through the Service, including mobile text messages and push notifications. These messages will be to inform you about how to best use GetBetter as well, new features and promotional messages.
16.3 You can also opt out of promotional messages by sending a request to GetBetter Help Centre. Please be aware that you cannot opt out of receiving service messages from GetBetter.
17. Governing Law
17.1 These Terms shall be governed by the laws of the United States of America. Any dispute arising in relation to the use of the Application, shall be resolved in the United States of America. By using the Application, you submit to the jurisdiction of the United States of America.
18. Miscellaneous Terms
18.1 All trademarks of the Company are protected by the applicable intellectual property rights. You are prohibited to use these trademarks in any manner without the explicit written permission of the Company.
18.2 In case that any provision of these Terms is found to be unenforceable, the remaining provisions should remain valid.
19. Contact Details
19.1 If you have any questions concerning the Application, please contact us at the following e-mail address: firstname.lastname@example.org
20. Last amendment
20.1 These Terms have been last amended on 31 August 2013.