Odoro inc. and/or its affiliates (“Odoro” or “Us” or “We” or “Our”) provides phone and mobile application services, online services through its Odoro websites as well as other services as may be provided from time to time (collectively the “Services”). Odoro provides the Services subject to the following conditions.
REPRESENTATIONS AND WARRANTIES OF USERS
You represent and warrant that:
Furthermore, You represent that:
- You are at least 18 years old.
- The information you provide is truthful and accurate.
- You will not violate intellectual property or other rights of any person.
- You must not misuse the Services or the Site by intentionally introducing viruses, trojans, worms, logic bombs or other material which is malevolent or technologically harmful (“viruses”).
- You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to this site.
When you use any Odoro Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or through other Odoro Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Providers, Customers or other Users, is called “User Content”. User Content is owned by the relevant User. Odoro’s right with respect thereto is limited to using this User Content solely for the purpose of providing You with the Services.
All right, title, and interest in and to the Services and the Odoro site is and will remain the exclusive property of Odoro, its affiliates and its licensors. We remain exclusive owners of the intellectual property rights, including the copyrights over our Contents and all Content is protected by applicable copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The rights of Odoro include without limitation rights to (i) the Services developed and provided by Odoro; and (ii) all software and/or products associated with the Services. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of Odoro and any other applicable copyright owner. These Terms do not grant you the right to use any branding or logos used in our Services or on our Site. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. In particular, these Terms do not allow you to use Odoro’s name or any of our trademarks, logos, domain names, or other distinctive brand features. Upon acceptance of these Terms, Odoro grants to you a limited, non-exclusive, non-transferrable, revocable license to use the Services. This license can be used solely by you, and can be revoked by Odoro at its discretion if misused or exploited in any way.
You may not resell the Services (or any part thereof). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to Odoro.
You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device to monitor or copy any content from the Services.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
You may not, and by using the Services you agree not to, use the Services to: (a) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (b) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (c) transmit material that infringes on any Intellectual Property Rights of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term Intellectual Property Rights means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
YOUR USER CONTENT
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Services, now and in the future. For example, if you request us to add your photo to the site we operate for you, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or any other third party. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
You represent and warrant that your User Content and any and all information you post or provide to Odoro by means of our website and/or use of our Services, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services may be used only for its intended purpose. Odoro expects that you will exercise caution, good sense and proper judgment in using the Services. You can be held liable for any illegal or prohibited content that you provide to Odoro or to other Users, including, for example, infringing, defamatory, or offensive materials.
By posting or distributing User Content to or through the Services, you (a) grant Odoro and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity..
USE OF THE SERVICES
Odoro grants you a limited right to access and use the Services and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Odoro for their intended use. This does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; any downloading or copying of account information; or any use of data mining, robots, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of Odoro Services, its content or materials. Unless otherwise specified by Odoro in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Service is subject to these Terms.
The Services may not be copied, modified, adapted, translated, reverse engineered, reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Odoro. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Odoro without express written consent. Any unauthorized use terminates the permission or license granted by Odoro.
You agree to maintain the security of the credentials given to you including your user and password to your management system. You accept all risks of unauthorized access to your account and you take all responsibilities for all activity on your Odoro account.
You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorized to access; (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (d) attempt to interfere with service to any user, host or network. Upon receiving a password and account designation for the Odoro site, you are fully responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur under your password or account. By using Our Services, and the Internet in general, you understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
Fees and any other charges for the use the Services may be changed from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services, after the change notification, indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period prior to the date in which the change occurred.
Odoro provides you a full management interface to manage your appointments and a scheduling service.
You agree to take full responsibility and liability for:
Setting the times and dates on which to allow scheduling.
Mark all dates that are unavailable for appointments including holidays and vacations, etc.
After requesting a change from Odoro support to fully recheck its appointment scheduling that the change was done as requested and the system is working according to your instructions.
Odoro shall not be liable, and You agree not to claim or hold Odoro liable in any event with respect to any of the above.
HISTORICAL APPOINTMENTS DATA
Odoro commits to save the calendar data for a limited period of one (1) year only after the date of the appointment. If the User wishes to keep the data for longer, he/she must do so on their own, by exporting it to a file using the Odoro System.
Odoro may occasionally communicate to Users who access the Services in order to improve its services and understand user behavior. Odoro commits not to make any use of the information obtained from Users except for improving its Service, and in any case the information shall remain confidential.
MODIFYING OUR SERVICES
COMPLIANCE WITH LAWS
You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, including without limitation, rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore.
You are responsible to get all permissions needed by law to contact your customers using the Odoro Services by any electronic mean (e-mail, SMS or IVR).
You agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
YOU USE THE SERVICES AT YOUR SOLE RISK AND AT YOUR OWN FREE WILL. THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES AND FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU ACKNOWLEDGE MEDIC VALUE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APPLICATION AND SERVICE AND OPERATORS OF THE APPLICATION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. MEDIC VALUE MAKES NO WARRANTY AND DISCLAIMS ALL LIABILITY REGARDING THE COMPLETENESS, ACCURACY, CONSISTENCY OR SECURITY OF THE APPLICATION. WE ARE NOT RESPONSIBLE OR LIABLE FOR HARM THAT RESULTS FROM YOUR USE OF THE APPLICATION. MEDIC VALUE HAS NO LIABILITY FOR THE DELETION OF OR THE FAILURE TO STORE ANY CONTENT AND COMMUNICATIONS MAINTAINED BY THE SERVICE.
THE INFORMATION PRESENTED BY ODORO DOES NOT SUBSTITUTE PROFFESSIONAL MEDICAL TREATMENT. THE INFORMATION PRESENTED BY OUR SERVICES OR OUR SITE IS NOT INTENDED AND MUST NOT BE INTENDED TO REPLACE EXPERT MEDICAL OPINIONS FROM CAPABLE MEDICAL EXPERTS. YOU ALONE SHALL BE RESPONSIBLE TO ANY RELIABILTY DONE BY YOU THAT WAS BASED ON THE APPLICATION AND THE HEALTH RELATED INFORMATION IT PROVIDED AND ANY DECISIONS, ACTIONS AND/OR THE AVOIDANCE FROM TAKING ACTIONS THAT DERRIVES FROM YOUR USE OF THE SERVICES, THE INFORMATION IT PROVIDES OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR TO OBSTAINE FROM SEEKING EXPERT MEDICAL TREATMENT OR OPINION.
WE DO NOT PROVIDE ANY MEDICAL OR LEGAL ADVICE, WHATSOEVER.
LIMITATION OF LIABILITY
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE ODORO SERVICES OR SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SERVICE.
You shall defend, indemnify and hold harmless Odoro its affiliates, parents, and subsidiaries and each of their respective shareholders, directors, officers, employees, representatives and licensors (collectively, “Indemnified Parties”) from and against any and all alleged or actual claims, actions, demands, causes of action and other proceedings (“Claims”) including reasonable expenses and attorney’s fees (i) arising out of or relating to Your access and use of the Services (ii) brought by end user regarding Your information, Your services, Your failure to obtain relevant consent for the use of Personal Data or otherwise related to this Agreement. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim for which you are required to defend, indemnify or hold harmless the Indemnified Parties (“Indemnified Claim”), provided that Your obligation to pay Odoro’ attorney’s fees shall only extend to Odoro’ reasonable attorney’s fees. You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties.
INDEPENDENT CONTRACTOR RELATIONSHIP
You and Odoro acknowledge that in providing the Services under this Agreement, Odoro is acting solely as an independent contractor and not as Your agent or employee. Neither party has the authority to bind the other to any third person, to incur any debts or liabilities in the name of or on behalf of the other party, or otherwise to act in any way as the representative of the other unless otherwise expressly agreed to in writing signed by both parties. Nothing contained in this Agreement is intended to give rise to, or gives rise to, a partnership, joint venture, agency, fiduciary, employment, or other relationship between the parties or imposes upon the parties any of the duties or responsibilities of partners, joint ventures or employer-employee, beyond the relationship of independent parties to a commercial contract.