Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. PLEASE DO NOT USE OUR WEBSITE OR SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS. 

CDXP ME LTD., Company established and existing under law of United Kingdom, with its   

registered office:  61 Bridge Street, Kington, United Kingdom, HR5 3DJ,   

company number: 14022428,    

CDXP ME company that Manages www.drzadvisor.com (The website), an online portal connecting Care Providers/Clinics around the world with Customers, here and after Doctor Z.  

CDXP ME as a Provider is a software development company providing business development services and marketing automation solutions for the customers.  

The Provider Build and create platform Doctor Z web site for the promoting HealthCare Providers/Clinics, And  

Provider are managing logistics and marketing process with the aim of generating new contacts through Platform Doctor Z interested in Medical services of Health Providers, Clinics, hair transplantations or other aesthetic interventions.  

This document comprises the Terms of Use, hereinafter referred to as the “Agreement”, and constitutes a legally binding agreement between you, the Care Provider/Clinic as defined herein, and Doctor Z/ Provider.    

By (a) using the Website as a Care Provider or registering as a Care Provider on the Website or (b) clicking on a button or link indicating your acceptance thereof, you understand and hereby agree to the terms of the Agreement. You also confirm that you have the designated authority to act on behalf of the Care Provider. Doctor Z reserves the right to change or modify these terms at any time and in our sole discretion. If the company makes changes to these terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Website or updating the date at the top of the Agreement. Your continued use of the Website or our services will confirm your acceptance of the revised terms. 

Doctor Z and Care Provider shall jointly be referred to as “Parties” and separately as “Party”.  

WHEREAS, 

• a.Doctor Z will list the Care Provider details and Healthcare Services (as defined herein) on its website for Customers to research and find information. 
• The Customer may use the Website to find information and submit inquiries to the Care Provider for the Healthcare Services or about Healthcare Services from a particular Care Provider. 
• The Care Provider agree to cooperate with Doctor Z and pay for the services of the Doctor Z a fee for the sending customers interested in dental treatments, hair transplantation and other aesthetic interventions, using its own marketing resources, social media channels, and platform Doctor Z by doing advertising using Clinic’s marketing, branding materials, and description of service and all platforms as a reference for its customers.  
• In order of the compensation for the provided services Parties agreed for the size of compensation in the meaning 20 % (twenty percent) from each Customer order for the Care Provider Medical Services made from moment of signing this Terms and Conditions. 

NOW THEREFORE, in consideration of the mutual promises and covenants set forth in this Agreement, the Parties hereby agree as follows: 

Definitions and Interpretation  

In this Agreement, unless the context requires otherwise, the following terms shall have the following meanings:  

“Care Provider” means a healthcare provider including, but not limited to, hospital, clinic, doctor, caregiver, rehabilitation / physiotherapy center, dialysis clinic, wellness center, spa center, pharmacy or e-pharmacy, lab services, medical tourism agent/facilitator or diagnostic center. The term shall also include an administrator of a Care Provider’s account on the Website. 

“Customer” means those visitors to or users of the Website and/or individuals who contact Doctor Z seeking information on Care Providers for Healthcare Services. Unless expressly specified otherwise, reference to a Customer shall also include the relatives, guardian, or other agent of a Customer who use the Website or communicate with Doctor Z on behalf of the Customer. 

“Healthcare Services” shall refer to the healthcare, medicinal, surgical, therapeutic, or other services to be provided by Care Provider. 

“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, trade secrets, publicity rights, database rights, patents, and other intellectual property rights or proprietary rights recognized by law. 

“Rates” means the fees charged by the Care Provider to the Customer for the Healthcare Services. 

In this Agreement (unless the context requires otherwise): 

a. Reference to the singular includes a reference to the plural and vice versa, and reference to any gender includes a reference to all other genders; 

b. Reference to natural persons includes reference to legal persons; 

c. Reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement) for the time being in force and to all statutory instruments or orders made pursuant to statutory provisions;  

d. Reference to any Article, Clause, Schedule or Annexure shall be deemed to be a reference to such Article, Clause, Schedule or Annexure of or to this Agreement. 

1.Website Terms

Subject to compliance with this Agreement, Doctor Z grants the Care Provider a limited, non-exclusive license to use the Website and services for commercial use. To the fullest extent permitted by applicable law, this license granted to use is non-transferable. The Care Provider may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the content therein. The Care Provider is responsible for maintaining the secrecy of their passwords, login name/user-id and account information at all times and shall be directly responsible for any and all use of the Website by anyone using their login information and password whether with or without their permission. Care Providers hereby agree and warrant to: 

• Be accurate (where they provide counselling); 

• Be genuine when stating opinions, be constructive and polite; 
• Comply with any applicable laws in the country from which they are posting or using the Website. 

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ACCURACY OF THE DATA PROVIDED BY THE CUSTOMERS, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. 

2.Intellectual Property

All Intellectual Property Rights in and to the Website and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by CDXP ME, its suppliers, and licensors. Doctor Z reserves all rights not expressly granted to you. 

All rights in and to the Care Provider’s intellectual property not expressly granted to Doctor Z in this Agreement are reserved by Care Provider. 

3.Arrangement

Doctor Z shall list the Care Providers and Healthcare Services on its Website and enable the Customers to find a Care Provider and details for the Healthcare Services required. The Care Provider may offer its designated facilities and medical care and treatment including health checks, diagnosis, tests, investigations, surgeries, facilitation of health and travel services, dispensation of medicines in its super and subspecialties to the Customers using the Website. Care Provider may list special packages on the Website or provide discount codes and the Care Provider shall ensure these packages are properly fulfilled and discount codes are honored. The Care Provider shall ensure to inform Doctor Z when the packages are no longer valid. 

4.Grant of Rights

Subject to the terms of the Agreement, Doctor Z grants to the Care Provider and they accept a non-exclusive, non-transferable, limited right to have access to and to use the Website and Services for the term of the Agreement. 

The aforementioned right does not extend to: (a) make the Service, in whole or in part, available to any other person, entity or business; (b) modify the contents of the Service and the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement; (c) copy, reverse engineer, decompile or disassemble the Service or the Website, in whole or in part, or otherwise attempt to discover the source code to the software used; or (d) modify or combine the System with any other services not provided or approved by Mya Care. 

5.Term of Agreement

The initial term of this Agreement shall be for a period of two (2) years, commencing from the Effective Date unless terminated earlier as provided under this Agreement. Thereafter, the Agreement shall be renewed automatically for successive one (1) year term(s) unless either Party intimates its intention for non-renewal by providing a thirty (30) day notice to the other Party before the expiry of any renewed term thereof. 

6.Account Registration

The Care Provider must register an Account with Doctor Z in order to use the Services. Doctor Z may assist the Care provider in the registration procedures or can even create the account and profiles on behalf of the Care Provider, if requested, and send the link to verify the account by email. In the situation in which the Care Provider does not provide any information and requests Doctor Z to identify the necessary or relevant types of information in order to complete the profile details, the Care Provider takes full responsibility for any wrong or inaccurate information filled in by Doctor Z in the account. The Care Provider has the obligation to check and eventually correct any inaccurate information. The Care Provider acknowledges that the account is personal or proprietary to the Care Provider or their practice and that they are expected to treat the account as confidential. The Care Provider agrees to provide accurate, current and complete information about the practice and Care Provider’s credentials as prompted by the registration and profile forms. 

By establishing an account with Doctor Z, the Care Provider represents that they are at least 18 years of age (in case of a doctor), or of the legal age of majority where the Care Provider resides if that jurisdiction has an older age of majority. 

7.Access to the System and Use of Services 

7.1 Verification
Care Provider agrees that their receipt of Services is subject to verification by Doctor Z of their identity and credentials as a healthcare practitioner and to their ongoing qualification as such. 

As part of the registration process and at any time thereafter, Care Provider may be required to provide Doctor Z with various information such as licenses, qualifications, area of expertise, accreditations and other information in order to prove their credentials as a valid healthcare practitioner in the field they claim (“Credential Information”).  

Care Provider shall also keep their Credential Information updated and will inform Doctor Z immediately should any portion of their Credential Information be revoked, cancelled or expire. 

7.2 Submitted Content 

Doctor Z does not claim ownership of any materials the Care Provider makes available through the Website. At Doctor Z sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials the Care Provider submits or makes available for inclusion on the Website, they grant Doctor Z a non-perpetual, terminable upon end of contractual relationship, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). The Care Provider hereby represents, warrants and covenants that any materials provided do not include anything (including, but not limited to, text, images, music or video) to which they do not have the full right to grant the license. Doctor Z takes no responsibility and assumes no liability for any submitted content posted or submitted by the Care Provider. 

7.3 Blog 

Care Providers may post articles to the Website’s blog provided that (i) the articles provide relevant and appropriate background reading or information; (ii) the articles clearly indicate that the content does not constitute medical advice, opinion, diagnoses, or treatment and that it is not sponsored by or endorsed by Doctor Z; (iii) they do not contain Customer personal information unless the Customer has granted their explicit consent; and (iv) they otherwise comply with the terms of this Agreement. 

Administrators and moderators of the Blogs will attempt to remove or edit any generally objectionable material as quickly as practicable. You acknowledge that all posts made to the Blogs express the views and opinions of the author. 

Blog articles may be shared to other sites or social media provided proper attribution to the author and source are provided. 

8.Scope

8.1. The scope of service of each Party shall be as defined below with the role of Doctor Z being primarily to present the list and details of Care Providers to the Customers and to enable the Customers to contact the Care Providers to receive information and/or estimates for the Services offered. 

8.2. The specific obligations of each Party shall be as follows: 

1. Duties and obligations of the Care Provider:

A. General: 

Care Provider shall: 

1. Provide the most competitive Rates for the Healthcare Services for Customers referred through Doctor Z; 
2. Provide Customers with timely and accurate information regarding the Healthcare Services and any attendant risks; 
3. Maintain as confidential and keep secure all information regarding a Customer and any other data received from Doctor Z, and not disclose or use any information regarding a Customer or any other data received from Doctor Z other than for the purposes of this Agreement or the provision of the relevant Healthcare Services;  
4. Comply with all applicable privacy and information laws and regulations so far as they relate to the Care Provider’s collection of Customer’s personal and health information; 
5. Have no objection to the display of its name on any advertisement or publicity material By Doctor Z; 
6. Provide up to date information of the Care Provider, specialties, Doctors and Doctor profiles to Doctor Z at all times. Updates can be either made directly by the Care Provider, or sent over by email to Doctor Z, in which case the Care Provider fully authorizes Doctor Z to update and/or edit/remove information on the profile on their behalf. The Care Provider authorizes Doctor Z to make updates and/or any edits/removals on their profile as Doctor Z directly finds updated information, and also to add other information about Doctor Z complementary collaborators; 
7. Extend maximum co-operation to Doctor Z for the fulfillment of the objectives and purpose of this Agreement; 
8. Provide Doctor Z with a list of Customers (or at least the number of customers by specialty, as the case may be) who have visited the Care Provider by Doctor Z referral, at the end of each month. To this purpose, DoctorZ has already ensured Customer’s express consent through its registration procedures and policies. In case the Care Provider is still unable to deliver the data as requested for any reason, it will provide Doctor Z with the relevant statistical data; 
9. Be responsible for informing its employees/consultants that their profiles will be added to the Website. 

B. Restriction  

Care Provider shall not use the Services to: 

1. Post, publish or transmit any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, violent, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable, such as images or content that is obscene, sexually explicit or contains nudity, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction; 
2. Encourage, conduct activity that is criminal, would give rise to civil liability or would otherwise violate any law; 
3. Impersonate a person or entity or falsely state their affiliation with a person or entity; 

1. Upload, post, transmit or otherwise make available any Content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights; 

1. Transmit or otherwise make available any material on or via the Website that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

1. Use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Website; 

1. Engage in denial of service attacks upon the servers that publish this Website; 

1. Breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. 

1. Duties and obligations of Doctor Z:

1. Promote the business, Doctor Z may take steps to spread information to the prospective Customers, examples include: 

• Awareness through local Press (Interviews / Write-ups of Facilities / Doctors of First Party); 
• Blogs and Social Media; 

• Through all its offices / outlets and network of foreign travel partners; 
• Coordinate roadshow, seminars, conferences, medical health fairs, travel marts and press meets; 

1. Refer Customers to the Care Provider for the Services; 

1. Extend maximum co-operation to the Care Provider for the fulfillment of the objectives and purpose of this Agreement; 

1. Not make derogatory remarks about the Care Provider; 

1. Not do anything which has the effect of disparaging the image of the Care Provider in the eyes of the public in general. 

1. deals with providing and sending customers interested in dental treatments, hair transplantation and other aesthetic interventions, using its own marketing resources, social media channels, and platform Doctor Z by doing advertising using Care Provider marketing, branding materials, and description of service and all platforms as a reference for its customers.  

9. Compensation for Doctor Z services from Care Provider.

In order of the compensation for the provided services: 

Parties agreed for the size of compensation for the Doctor Z services from Care Provider as a fee in the size of 20 % (twenty percent) from each Client order for the Care Provider Services made from moment of accepting this Terms and Conditions and subscribing to the Doctor Z platform. 

Payments shall be made on a monthly basis under invoice of Doctor Z to the Care Provider. 

10. Ratings, Feedback and Reviews

1. Ratings: Care Provider may receive a rating from Customers, from 1 to 5 stars. Ratings provided by the Customer will automatically be posted on the Doctor Z Website. 

1. Feedback: Together with the rating, Doctor Z may allow submission of feedback about the Care Provider. The Care Provider hereby understands and agrees that Doctor Z has the unrestricted right to decide whether to post and display the feedback in any way or form as considered appropriate by Doctor Z. Doctor Z may also consider Care Provider’s input when deciding whether to publish or remove feedback from the Website. Also, the Care Provider hereby agrees and understands that Doctor Z may collect additional feedback directly from the Customers or from any third party. Care Providers are not permitted to allow associates or staff to provide Ratings or Feedback. 

1. Reviews: Doctor Z reserves the right to post third party reviews about Care Providers, such as Google Reviews, Facebook reviews, and reviews submitted by third party partners. 

1. The Care Provider also indemnifies and agrees to hold harmless Doctor Z and its shareholders, officers, directors, employees and affiliates from and against all and any claims, damages, costs, suits, judgments, decrees, loss of profit, business and/or goodwill and expenses (including reasonable legal fees), based upon, relating to, or arising out of a posting and displaying of such ratings, feedbacks or reviews collected as per the specification of this clause. 

11. Independent Contractor

Nothing in this Agreement shall be construed to create a relationship of employer and employee, principal and agent, partnership, joint venture, or any relationship other than that of independent parties contracting with each other solely to carry out the provisions of this Agreement. 

12. Representations and Warranties of the Parties 

12.1. Each Party represents and warrants to the other Party that: 

a. it has the right, power, and authority to enter into this Agreement and perform the acts required of it herein;  

b. the execution of this Agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound;  

c. it shall take utmost care in maintaining the confidentiality of the information received from each other and shall ensure that the same is not misused by its staff or representatives in any manner whatsoever. Further, the Parties shall be responsible for the breach of confidentiality obligations of its staff or representatives; and  

d. this Agreement will constitute a legal, valid and binding obligation on each Party till its termination by the Parties herein. 

12.2. The Care Provider represents and warrants: 

a. That it has and will maintain the necessary licenses/approvals to carry on the hospital/clinic or Healthcare Services as the case may be, and the carrying on of the same is not in violation of the provision of any law in the jurisdiction where it is present; 

b. That the doctors and other staff of the Care Provider are well-qualified and adequately trained to provide the Healthcare Services. 

c. That the Care Provider shall take all necessary precautions to ensure the well-being of the Customer while the Customer is in its care and custody. 

d. That the Care Provider has adequate infrastructure, facilities and staff to take care of the Customer while the Customer is rendered the Healthcare Services by the Care Provider. 

e. That the Care Provider will delegate Administrators to access and update information on the Website on behalf of the Care Provider and to receive inquiries submitted on the Website. The Care Provider claims responsibility and liability for any information provided by the Administrator or usage of the Website by the delegated Administrator. Care Provider is solely responsible for ensuring that the Administrator contact information is accurate and for responding to Customer inquiries forwarded by Doctor Z. 

13. Personal Data

13.1. Care Provider hereby acknowledges that it may receive Customers’ personal data including without limitation health-related information. Care Provider represents and warrants that it will, at all times during the use of the Services and thereafter, comply with all applicable local and international laws that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of personal data. 

14. 14. Indemnification

1. The Parties shall indemnify, hold harmless and defend each other and its shareholders, officers, directors, employees and affiliates from and against all and any charges, claims, damages, costs, suits, judgments, decrees, losses, expenses (including reasonable legal fees), penalties, demands liabilities and causes of action, of any kind or stature (“Claims”) asserted by third parties, based upon, relating to, or arising out of a breach or claimed breach or failure of any of the covenants, representations or warranties under this Agreement.  

1. The Care Provider shall also indemnify, hold harmless and defend Doctor Z and its shareholders, officers, directors, employees and affiliates for Claims relating to (a) any unlawful disclosure of Customer information (including without limitation health information) by Care Provider, and (b) damage, death, injury, other mishap or any complications that require additional treatment suffered by the Customer due to the negligence of the Care Provider and/or its staff in the performance of the Healthcare Services. 

1. It is expressly clarified that Doctor Z is not obligated to indemnify, hold harmless or defend Care Provider from Claims asserted by a Customer and/or his relatives or guardians concerning the Healthcare Services provided by the Care Provider. 

15. 15. Confidential Information 

1. The Parties agree to maintain and hold in strictest confidence, confidential information with respect to the affairs of each other. “Confidential Information” means any non-public information that relates to the actual or anticipated business or research and development of the Parties including, but not limited to, this Agreement and its terms thereof, the scheme of the Arrangement between the Parties, the business model of Doctor Z and its working methodology, Customer data, research, product plans or other information regarding either Party’s products or services and markets therefore, customer lists and customers, finances or other business information. The Parties shall however be permitted to disclose the Confidential Information of the other Party to the Care Provider and/or the Customer to the extent required for the purpose of this Arrangement. 

1. Care Provider also agrees to maintain adequate administrative, technical, and physical safeguards to protect the confidentiality of protected health information of the Customers. Any breach of security or unlawful disclosure of health information of a Customer shall be reported to Mya Care within two (2) days of the learning of such breach or disclosure and may be a ground for termination of this Agreement.  

1. It is clarified that Doctor Z shall not be responsible for any claim arising under this Clause due to breach of Confidentiality by the Care Provider and Care Provider shall be liable to indemnify Doctor Z for any losses arising as a result of the same. 

1. The provision on confidentiality under this Clause is binding and shall survive the termination of this Agreement. 

16. 16. Termination

1. Either Party may terminate this Agreement if:  

a. the other Party commits a breach of any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of the same; 

b. the other Party becomes the subject of a petition in bankruptcy or any voluntary/involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.  

1. Either Party may terminate this Agreement at will, after giving 15 days’ prior written notice of the same to the other Party. Doctor Z may terminate this Agreement immediately if it determines in its sole discretion that the treatments provided by a Care Provider are inconsistent with generally accepted practices or standards, regardless of whether they are legal in the Care Provider’s jurisdiction. 

1. Dispute Resolution and Governing Law 

1. Any claim, controversy, difference or dispute between the Parties shall be attempted to be resolved through mutual negotiations within a period of 30 days from the date of such dispute arising.  

1.  If the dispute is not resolved by negotiation within the above referred 30 days, the Parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by sole arbitrator appointed by mutual agreement of the Parties, or in the absence of such an agreement within 15 days after a Party first proposes an arbitrator, the dispute shall be resolved by an arbitral tribunal composed of three arbitrators, one of whom shall be appointed by each Party within 15 days after expiry of the 15 days period. The third arbitrator shall be selected by the mutual agreement of the first two arbitrators within 15 days after the last of the first two arbitrators has been appointed. The place of arbitration shall be England and Wales. 

1. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on all Parties to the Agreement. 

1. This Agreement is governed by and is to be construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction with respect to all actions arising out of or in relation to this Agreement, its performance or breach thereof. 

1. Compliance with Laws:  

Each Party shall comply with all applicable laws and regulations in performing its obligations under this Agreement and shall be individually liable for any and all non-compliance of any regulation/law/guideline/order etc. on its part. 

1. Notices: All notices required or desired to be given hereunder will be in writing and can be either be delivered personally or be sent by electronic communication (with a copy by ordinary mail) or by registered or certified mail. If sent by electronic communication, notices will be deemed to have been given on the same day on which the notice is sent. If notice is sent by registered or certified mail or is delivered personally, it shall be deemed to have been given on the day on which the notice is received or when delivery is refused. 

1. Terms and Conditions.Privacy Policy 

By using the Website, you consent to the use of your information as stated in our Privacy Policy. Please revisit the Terms and Conditions and the Privacy Policy on a regular basis.