Terms and conditions
These Terms of Service, including the Booking Form (as defined below) which by this reference is incorporated herein (this “Agreement“), is a binding agreement between Nature Remedies (the “Company“, “we”, “us” “our”) and the person identified on the Booking Form as the person requesting a service (“Registered User” or “you”) from our registered third-party practitioners (each a “Consultants” or a “Third Party Providers”) through our platform at www.naturemds.com (and its subdomains) or designated mobile app (the “Website” or the “Platform”).
By utilizing this Website and and by accepting the terms and conditions when shown, you (a) accept this Agreement and agree that you are legally bound by its terms; and (b) represent and warrant that: (i) you are 18 years of age or older; and (ii) an individual and not a corporation, governmental organization or other legal entity. If you do not agree to the terms of this Agreement, the Company hereby declines to provide you with the Services (as defined below) and you must not use the Website or the Services.
Notwithstanding anything to the contrary in this agreement or the Registered User’s acceptance of this Agreement, this Agreement expressly excludes any right, concerning services that the Registered User did not acquire lawfully.
Important Disclaimer:
NATURE REMEDIES IS NOT A HEALTHCARE PROVIDER. WE ARE AN ONLINE TECHNOLOGY MARKETING PLATFORM AND WE DO NOT PROVIDE TRADITIONAL MEDICINE OR ANY ALTERNATIVE THERAPIES NOR MEDICAL DIAGNOSIS, TREATMENT OR PRESCRIPTION OF ANY KIND. WE DO NOT PROVIDE HEALTHCARE ADVICE AND DO NOT REPRESENT ANY HEALTHCARE OR ALTERNATIVE MEDICINE PROVIDERS. WE MAKE NO PROFESSIONAL ENDORSEMENTS OF ANY PROVIDERS.
OUR PLATFORM MAKES IT CONVENIENT FOR USERS TO FIND CONSULTANTS WHO PROVIDE ALTERNATIVE THERAPIES WHO ARE INDEPENDENT AGENTS AND BY NO WAY ARE EMPLOYEES OF THE COMPANY OR ENDORSED BY IT.
ALL INFORMATION PROVIDED ON THIS WEBSITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY NATURE REMEDIES, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN CONSULTANTS UTILIZING THE WEBSITE AND REGISTERED USERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE, FEDERAL AND INTERNATIONAL LAW. NATURE REMEDIES IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY NATURE REMEDIES OR ANY CONSULTANTS THAT UTILIZE NATURE REMEDIES AT THE INVITATION OF NATURE REMEDIES IS SOLELY AT YOUR OWN RISK.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL OR SEE YOUR DOCTOR.
1. Services
The Website is a technology platform that enables you to find wellness service Consultants, schedule a consultation session via video communications (a “Session”) and pay the Consultant for it (the “Services”).
2. Third Party Materials
The Website may display, include or make available content from Third Party Providers (including products, services and/or materials, data, information, and applications) or other third-parties or provide links to websites of Third Party Providers and other third-parties, including through third-party advertising (“Third Party Materials“). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions
3. Your Use of the Services
a. In order to use the Services, you must register for and maintain an active personal user account (“Account“). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to the Company certain personal information, such as your name, date-of-birth and email. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services and/or have the Company termination this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
b. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive wellness consulting services from Third Party Providers unless you are their legal guardian and they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
c. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, harass or stalk, any Third-Party Provider nor any other person. In certain instances, you may be asked to provide proof of identity to access or get the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
d. The Company may, in the Company’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that the Company establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes:
- i. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Company;
- ii. may be disabled by the Company at any time for any reason without liability to the Company;
- iii. may only be used pursuant to the specific terms that the Company establishes for such Promo Code;
- iv. are not valid for cash; and
- v. may expire prior to your use.
The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
e. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Website and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Video Sessions
a. As part of the Services, you may book a Session with a Consultant. All Sessions need to be booked at least 24 hours in advance in a time slot marked by a Consultant as available for that specific Consultant via the designated page on the Website (“Booking Form”) . Each Session unit has a maximum length of 59.5 minutes. You may book only time slots made available by a Consultant.
b. In order to book a Session, you must have a webcam, a microphone, enabled pop-ups for the Website and high speed internet connection. Even with all these requirements met, we cannot guarantee the quality of a webcam session and delays, echoes and other interferences may occur. The quality of the Sessions greatly depends on the network speed provided by your internet services provider. Nature Remedies strongly recommends the use of a headset for all online sessions.
c. The Platform will work with most desktop browsers. In order to conduct a Session you must use either:
- i. Google Chrome (latest released version);
- ii. Mozilla Firefox (latest released version);
- iii. Internet Explorer 8,9,10, and 11 (you will be required to install OpenTok Plugin for Internet Explorer);
- iv. Opera (latest release version)
- v. Safari 11 and later;
- vi. Edge browser
For best results, we strongly advise using Google Chrome or Mozilla Firefox whether you are a PC or Mac user.
For mobile users- although the Services are not currently designed to work seamlessly on mobile, Sessions may be conducted on an Android mobile device or tablet using either Google Chrome for Android (latest released version) or Firefox for Android (latest released version).
We do not currently support Sessions on iOS including iPhones and iPads.
d. At the end of each Session you will be asked to give feedback to the Consultant with which you held the Session (“Feedback”). Giving such feedback is voluntary however, by providing such Feedback, you grant the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You agree to not provide Feedback that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove Feedback, at Company’s sole discretion and at any time and for any reason, without notice to you.
5. Credit, charges and fees
a. The Platform is a credit based system. Each credit has the value of US $1 (one US Dollar). Credits can be used for various purposes, such as booking a session with a Consultant.
b. In order to use some of the Services you will have to purchase credit in advance which are purchased at the time of booking a video session with the Consultant of your choice. This is how it works: when booking a Session, you will be prompted to buy credits if you don’t have enough in your account. These credits will then be “reserved” and locked until the Session is either completed or canceled. Once the Session is completed, the appropriate number of credits, minus fees, will be transferred to the Consultant. In some events, if the Session was canceled (see our cancellation policy below) the credits will be available again in your account.
c. In the event you used the credit to receive services from a Consultant via the Website, the Company will facilitate the transfer of the credit to the Consultant on his or her behalf, as such Third-Party Provider’s limited payment collection agent as if such payment was made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law . All payments are final and non-refundable, unless otherwise determined by the Company. Each Consultant sets hers or his fees.
d. Payments for credits are due immediately and payment will be facilitated by the Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available.
e. In addition to the payment for each session (the”Fee“), the Company may also charge you additional optional fees for using Services such as recording the Session (archiving). The Company reserves the right to revise, increase, decrease, waive, or otherwise change these Fees from time to time at the Company’s sole discretion. The Company will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred under your Account regardless of your awareness of such Fee or the amounts thereof.
f. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Fees applied to you.
g. The Company reserves the right to collect an additional surcharge and / or transaction fee, per each purchase of credits. This fee will be 2.5% of the total amount of US Dollar value paid.
6. Cancellations
You may choose to cancel any Session more than twenty-four (24) hours before the Session is scheduled to begin. In such an event, all “reserved” credits will be returned to your account on the Website for future use. If you cancel a Session under twenty-four (24) hours before the Session is scheduled to begin, you will be charged the full amount of credits, such that the Consultant will receive their charges. This is a material term of this Agreement.
Should the Consultant cancel a Session within any time frame of the scheduled Session, or not show up for the Session, you will not be charged, and you will be refunded the credits back into your balance.
If you do not show up for a session you will be charged the full amount of credits, such that the Consultant will receive their charges.
Should your scheduled session not take place due to technical reasons on the Platform (such as planned maintenance, server down, power failure, site bugs, hacking attempts, script errors, etc.) you will not be charged, and you will be refunded the credits back into your balance.
Returned credits can be used towards booking a new Session with any Consultant of your choice, however, if there is a credit difference in the price you might be required to purchase additional credits.
7. Refunds
You are entitled to a full refund of your purchased credit, within 14 days of your purchase, provided that none of the purchased balance has been used. Refunds will be at the Company’s discretion.
8. Term and Termination
a. The term of Agreement commences when you register for an Account and will continue in effect until terminated by you or Company as set forth in this agreement. You may terminate this Agreement at any time by requesting to close your Account via the Contact Us link (https://naturemds.com/contact-us/) on the Website. In such an event the Company will determine whether you are eligible for a refund, and if so, the refund will be processed within 5 working days. The Company may terminate this Agreement at any time without notice if Company ceases to operate the Website, which the Company may do at its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
b. Upon termination of this Agreement, you will cease to have access to the Services and to your account, effective immediately. Notwithstanding the above, any termination will not limit in any way any right the Company may have towards you.
9. Consultant’s Liability
You agree and understand that any interaction between you and the Consultant in a Session is separate from the use of this Platform and that the Consultant is a third party that is not employed and not connected in any other way to the Company and that with respect to your interaction with the Consultant, the Company simply provides a platform to schedule and conduct a Session between you and the Consultant and serves as and facilitator of payments between the parties. You understand that the Company is not liable for actions or inactions taken by the Consultant. You agree to hold the Company harmless from any and all liability whatsoever that did or could derive from your interaction with a Consultant via the Platform. You understand and agree that any claim or demand you may have with respect to any service you have received from a Consultant shall be brought solely against such Consultant, and you hold the Company harmless from any such claim or demand.
10. Disclaimer of Warranties
THE WEBSITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, MANAGERS, DIRECTORS, EMPLOYEES, ADVISORS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES,OFFICERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, ADVIDSORS OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES FOR:
a. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
b. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE 3 MONTHS PRECEDING TO THE TIME OF THE OCCURRENCE IF THE EVENT THAT YOU CLAIM AGAINST..
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend and hold the Company and its officers, directors, employees, agents, affiliates, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website or your breach of this Agreement. Furthermore, you agree that Nature Remedies assumes no responsibility for the content you submit or make available through the Website.
13. US Government Rights
The Website is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Website as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
14. Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
15. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Court Costs and Attorney’s Fees
You agree to pay all court costs and reasonable attorney’s fees incurred by the Company for enforcing this Agreement.
17. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Entire Agreement
This Agreement, together with the Booking Form, our Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.
19. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Last updated: July 29, 2018