Terms and Conditions
1.1 This document sets out the terms and conditions in relation to your (the “User’s”) use of the Services and together with the Privacy Notice and any other terms and conditions that Daro Consulting Limited (trading as “MyAdvocates”) may implement from time to time forms a legal agreement between MyAdvocates and you. Please read these terms and conditions (the “Terms”) carefully before attempting to access the Services.
1.2 By writing “Yes” to indicate your acceptance of these Terms or when creating your Account you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms, then you may not access the Services. If you do not wish to be bound by these Terms, then write “No” to indicate that you do not accept these Terms and delete your Account.
1.3 Please note that the Services are only available to individuals that can form legally binding contracts under applicable law. You must be over 18 years to make use of the Services. If you do not qualify, please write “No” and delete your Account.
1.4 You may access the Services and use the Platform only in accordance with these Terms.
2 Access to the Services
2.1 Subject to the restrictions set out in these Terms, MyAdvocates grants you a limited, non-exclusive, non-transferrable, revocable right to use the Platform to access the Services.
2.2 You agree that you shall not use the Platform to distribute or transmit any material during the course of your use of the Services that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (vi) in a manner that is otherwise illegal or causes damage or injury to any person or property.
2.3 You agree that you shall not: (i) allow any other person to access the Platform via your Account; (ii) use the Platform in an abusive manner, including making an unreasonable number of questions about the same matter, asking questions not related to your health or abusing our physicians; (iii) provide details or personal information relating to any person other than you or a person for whom you act as guardian/carer (such as a child, elderly parent or other individual relying on you for support); (iv) provide any information that would constitute Personal Data; or (v) provide information via the Platform that is the subject of an ongoing legal action or claim.
2.4 You acknowledge that you are solely responsible for ensuring that your use of the Services does not infringe these Terms and MyAdvocates shall not be obliged to concern itself with your use of the Service; however, MyAdvocates reserves the right, without liability or prejudice to its other rights to the User, to disable your access if MyAdvocates becomes aware of any use of any material that breaches the provisions of this Clause.
2.5 You agree that (i) you shall not tamper with, bypass or alter the security features of the Website, or the Platform to circumvent any technical licensing protections for any reason, including but not limited to aiming to discover the underlying source code; (ii) you shall not access all or any part of the Services in order to build a product or service which competes with the Services, (iii) you shall not use the Services to provide services to third parties; (iv) you shall not licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; and (v) you shall not attempt to obtain, or assist third parties in obtaining access to the Services other than as provided under this Clause 2.
2.6 The rights provided under this Clause 2 are granted to you, the User, only.
3 Nature of the Services
3.1 MyAdvocates is a service through which you may use a chat function to make contact with a locally licensed physician on an anonymous/ basis. Provided that the physician in question is able to answer the inquiry by chat, he/she will provide general health information. It is expressly pointed out that the physicians do not provide specific medical advice to Users on the Service and do not make any diagnosis or recommend any treatment. The information provided by physicians via the Platform to Users is intended for general health information purposes and is not a substitute for professional medical diagnosis or treatment. You should not take any information provided via the Service as a substitute for treatment; physicians on the Service do not replace your personal doctor/general practitioner and if you rely on any of the health information provided by physicians on the Platform, you do so solely at your own risk
3.2 The use of the Service does not give rise to: (i) a physician-patient relationship as between the physician and the User; or (ii) a medical diagnosis being given or treatment being prescribed, in either case by MyAdvocates to the User.
3.3 Due to the time lag, physical distance and the lack of vital signs relevant to a consultation, the Service is not suitable for acute health problems and is especially not suitable for emergencies. You should also consult with your personal doctor/general practitioner if suggested or if the need arises and inform your doctor/general practitioner about any information given to you via the Service.
3.4 MyAdvocates cannot guarantee the availability or any particular physician at any particular time and cannot guarantee continuity of contact with the same physician for a User.
3.5 The answers and/or recommendations provided by the physicians contacted within the framework of the Platform represent their subjective assessment in each case; they do not in any way reflect the assessment of MyAdvocates and cannot be attributed to MyAdvocates. MyAdvocates makes no guarantees, representations or warranties, whether expressed or implied, with respect to expertise, quality of work or other information provided as part of the Services. Further, MyAdvocates does not in any way endorse any individual providing information on the Platform.
3.6 MyAdvocates does not have any control over the information exchanged on the Platform for the purposes of the provision of the Services. Such information may include health information or other information relating to you as an individual. Pursuant to Clause 2.3 above, the Platform may not be used for the sharing of Personal Data and MyAdvocates reserves the right to disable your access if it becomes aware of any sharing of Personal Data on the Platform.
3.7 MyAdvocates reserves the right, but not the obligation, to review interactions on the Platform for quality assurance purposes only. The limitations set down in this Clause 3 and in these Terms generally (in particular, Clause 10) continue to apply notwithstanding any such reviews that may be carried out by MyAdvocates.
4 Modifications to Services
MyAdvocates reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the Services including your access to it. Unless explicitly stated to the contrary, new features will be subject to these Terms.
5 Charges and Payment
5.1 You may be using the Platform by virtue of an agreement between MyAdvocates and a partner organisation, such as an insurer, who has given you access to the Platform. In these circumstances, your entitlement to use the Platform and receive the Services may cease in the event of the termination of the agreement between MyAdvocates and the partner organisation.
5.2 If you are using the Platform otherwise than as described in Clause 5.1 above, MyAdvocates shall be entitled to charge for the Services, such charges being applied on a “per consultation” basis (“Consultation Charges”). Any Consultation Charges shall be in such amount as is set out on the Platform prior to the provision of the Services and shall be payable in the manner set out at that time. Any Consultation Charges paid pursuant to this Clause 5.2 are non-refundable.
5.3 In addition, it shall be open to MyAdvocates to introduce any premium service at any stage as part of the Services which will be clearly labelled as such within the Services and which may be subject to further charges.
6 User Data and Confidentiality
6.1 MyAdvocates shall, in providing the Services, comply with its Privacy Notice (available at https://www.myadvocates.info/privacy) and its internal security policy relating to the privacy and security of the User Data, as such documents may be amended from time to time by MyAdvocates in its sole discretion. For full details of how MyAdvocates complies with Data Protection Law on the Platform and in the provision of the Services to you, please see the Privacy Notice.
6.2 You shall have sole responsibility for the accuracy and quality of the User Data. You also grant to MyAdvocates sufficient rights to use the User Data in order to provide the Services to you.
6.3 MyAdvocates shall keep confidential your User Data and shall not use, disclose, copy or modify the User Data other than as necessary for the exercise of its rights, and performance of its obligations, including the provision of the Services, in accordance with these Terms.
6.4 If MyAdvocates is required by law or by any order of any court or governmental or regulatory authority to disclose any User Data, it shall promptly notify you of receipt of notice of that requirement and shall take reasonable steps to oppose any such disclosure.
6.5 You acknowledge that MyAdvocates may actively monitor the use of the Platform in order to detect possible malicious or abusive uses, guarantee the security and integrity of Users, as well as the quality of the Services.
7 MyAdvocates Obligations
Abi: (i) does not warrant that your use of the Services will be uninterrupted or error-free; or that the Services and/or the information obtained by you through the Services will meet the your requirements; (ii) does not warrant that the Platform is free of security vulnerabilities; and (iii) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8 User Obligations
8.1 You undertake that you shall: (i) comply with all applicable laws and regulations with respect to your activities under these Terms; (ii) carry out all other User responsibilities set out in these Terms in a timely and efficient manner; and (iii) use the Services in accordance with the terms and conditions of these Terms.
8.2 You shall indemnify MyAdvocates against any and all Losses incurred by or awarded against MyAdvocates as a result of your breach of these Terms.
9 Proprietary Rights
9.1 You acknowledge and agree that MyAdvocates and/or its licensors own all the Intellectual Property Rights in the Platform and Services. These Terms do not grant you any rights to, or in, the Intellectual Property Rights, or any other rights or licences in respect of the Platform or the Services.
9.2 The Intellectual Property Rights in the Platform and the Services, including any adaptations, modifications and updates to the same are and shall remain vested in MyAdvocates, whether created by you or MyAdvocates. You assign (by way of present and, where appropriate, future assignment) all such Intellectual Property Rights to MyAdvocates.
9.3 MyAdvocates makes no representation or warranty as to the existence, validity or enforceability of the Intellectual Property Rights in any API which may be used in connection with the Services nor as to whether the same infringe on any Intellectual Property Rights of third parties.
10 Limitation of Liability
10.1 This Clause 10 sets out the entire financial liability of MyAdvocates (including any liability for the acts or omissions of its employees, agents and subcontractors) to you in respect of: (i) any breach of these Terms; (ii) any use made by you of the Platform or the Services, Software or any part of them; and (iii) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
10.2 Except as expressly and specifically provided in these Terms: (i) you assume sole responsibility for results obtained from the use of the Platform and the Services by you, and for conclusions drawn from such use; (ii) the provisions of Clause 3 above limit MyAdvocates’s liability to you in accordance with their terms; and (iii) to the fullest extent permitted by applicable law the Platform and the Services are provided to you on an “as is” basis and MyAdvocates makes no warranties, representations, conditions, either express or implied, about the Platform or the Services, whether imposed by statute or by operation of law or otherwise, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
10.3 Nothing in these Terms excludes the liability of MyAdvocates: (i) for death or personal injury caused by MyAdvocates's negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) any other liability to the extent that, under applicable law, it cannot be excluded or limited.
10.4 MyAdvocates does not make any warranty as to the correctness, accuracy, topicality and completeness of the information communicated via the Platform and disclaims any and all liability, to the extent permitted by law, for any Losses or consequential losses arising from the use of the Platform or in relation to the information, answers and/or recommendations obtained from the accessing of the Services via the Platform.
10.5 In particular, but without limiting the generality of Clauses 10.2 and 10.4 above, MyAdvocates shall not be liable for: (i) the content of any information provided to a User via the Platform or any decision made or action taken by a User in reliance on such information; (ii) any damage which may arise from a User’s failure to inform their doctor/general practitioner or other healthcare professional about information received by a User via the Platform; (iii) loss or damage arising if the User supplies incorrect or incomplete information via the Platform; or (iv) any damage which results from a User’s failure to take account of any information given via the Platform.
10.6 Subject to the foregoing, MyAdvocates's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the amount of £50.00 provided always that MyAdvocates shall not in any circumstances be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, or loss of anticipated savings, or loss of use or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.
10.7 To the fullest extent permitted by the law, MyAdvocates shall not be liable to you for any costs, expenses and/or damages (whether direct, indirect or consequential and whether economic or other) arising from your access and/or use of the Services.
10.8 You agree that, in entering into these Terms, either you did not rely on any representations (whether written or oral) of any kind of any person other than those expressly set out in these Terms or (if you did rely on any representations, whether written or oral, not expressly set out in these Terms) that you shall have no remedy in respect of such representations and (in either case) MyAdvocates shall have no liability otherwise than pursuant to the express provisions of these Terms.
10.9 Each provision of this Clause 10 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable and shall remain in force notwithstanding the termination of these Terms, however arising.
11 Term and Termination
11.1 These Terms shall apply to your use of the Services with effect from the Effective Date and shall continue in effect until terminated in accordance with this Clause 11.
11.2 You can unsubscribe from the Platform through the Platform by sending a message with the word UNSUBSCRIBE. MyAdvocates will request confirmation through the chat and the service will be withdrawn.
11.3 MyAdvocates reserves the right to terminate the Terms with you or discontinue the Services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
11.4 MyAdvocates shall have the right, without prejudice to any other rights or remedies to which it may be entitled, to terminate these Terms immediately upon written notice to you where (i) you are in material breach of these Terms (to include any identity fraud or other misrepresentation by you); or (ii) you dispute the ownership or validity of MyAdvocates’s Intellectual Property Rights in and to Platform and the Services; or (iii) if MyAdvocates’s relationship with the partner organisation through which you are entitled to avail of the Services expires or terminates; or (iv) if MyAdvocates’s relationship with a third-party partner who provides software or other technology MyAdvocates uses to provide the Services expires, terminates or requires us to change the way MyAdvocates provides the software or other technology as part of the Services; or (v) in order to allow MyAdvocates to comply with the law or requests of governmental entities.
11.5 On termination of these Terms for any reason: (i) any licences granted under these Terms shall terminate with effect from the Termination Date; (ii) your right to receive the Services shall cease automatically and you agree that you shall make no further use of the Platform or the Services; and (iii) MyAdvocates shall be entitled to destroy or otherwise dispose of any of the User Data in its possession after the tenth (10) calendar day following the Termination Date.
11.6 The provisions of this Clause 11 and Clauses 16 (interpretation), 10 (limitation of liability), 13 (governing law and jurisdiction), 14 (communications) and, to the extent applicable 15 (general) shall survive the termination these Terms however it arises, and shall continue to bind the parties or the relevant party (as applicable) without limit in time.
11.7 Termination of these Terms shall not affect any rights of the parties accrued up to the Termination Date.
12 Force Majeure
MyAdvocates shall have no liability to you under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of MyAdvocates or any other party), failure of a utility service or transport or telecommunications network, act of God, pandemic, epidemic, quarantine, lockdown, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of providers or sub-contractors, provided that the User is notified of such an event and its expected duration.
13 Governing Law and Jurisdiction
13.1 These Terms and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law.
13.2 The parties irrevocably agree that the English courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
14.1 You can contact us by sending an email to our customer service team at firstname.lastname@example.org.
14.2 If we have to contact you we will do so by email, chat or by calling you to the details you provided to us when signing up for the Services.
14.3 MyAdvocates may use the contact details provided by you for the purpose of contacting you in relation to any additions to the Services or in relation to other products and services that MyAdvocates may make available from time to time. All such contact will be made in accordance with Data Protection Law.
15.1 If the whole or any part of a provision of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of these Terms and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.
15.2 If there is any conflict in meaning between this version of these Terms and any version or translation of these Terms in any other language, the English version of the Terms shall prevail.
15.3 The express terms of these Terms constitute the sole and entire agreement between the parties in relation to the provision of the Services and supersedes all prior written and oral arrangements, understandings, representations, warranties and agreements between them in that regard (if any). Each party acknowledges that it is not relying, and will not seek to rely, on any arrangement, understanding, representation, warranty, agreement, term or condition which is not expressly set out in these Terms.
15.4 Each of the rights of each party under these Terms may be exercised as often as is necessary, is cumulative and not exclusive of any other rights which that party may have under these Terms, law or otherwise; and may be waived only in writing and specifically. Delay by a party in exercising, or the non-exercise by a party of, any such right shall not constitute a waiver of that right.
16.1 In these Terms:
"Account" means the personal account on the Platform for accessing the Services created by a User;
"Data Protection Law" means any and all legislation and regulations relating to the protection of personal data in force during the Term of this Agreement, including (without limitation) the GDPR, all national legislation and regulatory requirements in force from time to time which apply to a party and all other statutory instruments, industry guidelines (whether statutory or non-statutory) or codes of practice or guidance issued by any relevant supervisory authority relating to the processing of personal data, the privacy of electronic communications or privacy or any amendments and re-enactments thereof;
“Effective Date” means the date that these Terms are accepted by you;
"GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679);
"Intellectual Property Rights" means all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world;
“Losses” means any demand, claim, proceeding, suit, judgement, loss, liability, cost, expense, fee, penalty or fine;
“Messaging Service” includes WhatsApp, Viber, Telegram, Skype, Facebook Messenger, and any other messaging service as may be used by MyAdvocates for the provision of the Services from time to time;
“Personal Data” shall have the meaning given to it in the GDPR;
“Platform” means the online platform through which MyAdvocates provides the Services to Users, including any of the Website, and/or any of the Messaging Services;
“Privacy Notice” means MyAdvocates’s Privacy Notice as available here - https://www.myadvocates.info/privacy;
“Services” means the online health information services provided by MyAdvocates to the User under these Terms via the Platform or any other website, application or messaging service notified to the User by MyAdvocates from time to time;
“Termination Date” means the date that these Terms are terminated pursuant to Clause 11;
"User" or "you" means the person who has accepted these Terms by indicating your acceptance through the Platform;
“User Data” means any and all data (including personal and health information) inputted to or uploaded by the User onto the Platform, transmitted by the Platform at the instigation of the User; supplied by the User to MyAdvocates for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Services by the User, in the course of the User’s use of the Services; and
"Website" means myadvocates.info.
16.2 In these Terms, unless the contrary intention is stated, a reference to: (i) the singular shall include the plural and vice versa; (ii) a person shall be construed as a reference to any individual, firm or company, corporation, governmental entity or agency of a state or any association or partnership (whether or not having separate legal personality) or two or more of the foregoing; (iii) time shall be construed by reference to whatever time may from time to time be in force in Ireland; (iv) ‘these Terms’ mean the Clauses of, and the Schedules to, these Terms, all of which shall be read as one document; (v) a Clause or other provision is a reference to a Clause or provision of these Terms, and any reference to a sub provision is, unless otherwise stated, a reference to a sub provision of the provision in which the reference appears; (vi) ‘including’ means comprising, but not by way of limitation to any class, list or category; (vii) any English legal or accounting term for any action, remedy, method of judicial proceeding, insolvency proceeding, event of incapacity, legal or accounting document, legal or accounting status, court, governmental or administrative authority or agency, accounting body, official or any legal or accounting concept practice or principle or thing shall in respect of any jurisdiction other than Ireland be deemed to include what most approximates in that jurisdiction to the English legal or accounting term concerned; and (viii) ‘writing’ shall include a reference to any electronic mode of representing or reproducing words in visible form including e-mail.
16.3 Headings and captions are to be ignored in the construction of these Terms.