Terms of use of the Linkcaring system

 

Accepting terms of use

Entering our website at https://www.en.linkcaring.com (herein referred to as “The website”) ,downloading our application (herein referred to as “The application”) or using any of the other services we provide (herein all together referred to as “The service”) will be subject to the conditions that will be detailed below and to the provisions of any law. In entering this service, downloading it and surfing and/or using it, you accept, without limitation or condition, the terms detailed below, as well as the privacy policy which can be found at https://www.en.linkcaring.com/terms-of-use . Linkcaring Ltd. (herein referred to as “the company”, “us” or “we”) reserves the right to update or change the terms of use at any time without prior notice. The latest update of the terms of use is available by clicking the link to terms of use which can be found in the home page of the application and website. Continuing use of the service after changes or updates have been made as mentioned will constitute consent to the changed terms of use. “The user” or “you” is the user of the service, including caregiver, adult responsible for an underage child or one who is not legally qualified (“Responsible adult”), official (i.e. teacher) related to the patient (“official”) and the patient themself.

You hereby agree that we can change any part of the service , at any time, or stop the service or any part of it, for any reason, without informing you and without any liability. It should be clarified that the company is not committed to the continuity of the use of its services. At present, the company allows use of its services free of charge for patients and for private caregivers or any private clinic or healthcare organization with up to 20 workers. Using the service by a clinic or healthcare organization with more than 20 workers will only be allowed after contacting the company and with advance written and explicit consent of the company. The company retains the right to start or stop charging you for use of the service or any part of the service, or raising or lowering any rate which we charge for use of the service or any part of the service, at any time, at its sole discretion.

You must be 18 years of age to use the service. Use of the service  constitutes confirmation that you are 18 years of age or that you have received consent from your parent or guardian. You are not allowed to use the service if your using it is prohibited as stated by law.

 

Description of the service provided by the company

The company is not a provider of health care services. The company offers services that provide the user with a tool for gathering information needed in the process of diagnosis and treatment in a variety of clinical conditions. The service provided makes it easier for the caregiver in the process of information gathering from the patient. The service provided by the company is not meant to diagnose and/or provide personal medical consultation and/or professional and/or replace such consultation. Results must be reviewed with the managing doctor prior to establishing, diagnosing or making of any decisions. Reliance on any information provided by the company, it workers, other factors which appear in the website and/or service at the company’s reservation, or visitors or users of the website or the service, it at the users responsibility. The user alone shall bear responsibility for prosecution from his place os residence. The company makes no representation and makes no representation whatsoever, explicitly or implicitly as to its completeness or accuracy of the information given in the service. The company does not recommend any medicine, doctor, caregiver, product, treatment, procedure and/or any opinions whatsoever. Any reliance on information that you received or use is on your sole responsibility.

 

Patients: The user of the website and/or the service must turn to a professional if any medical issue arrises. If you are having an emergency, please immediately turn to the relevant providers. It should be emphasized that uploading information to the system does not mean immediate contact with your healthcare provider and is not an alternative to to making such contact with an available healthcare provider in any medical medical condition that requires it. The information collected in the system is not necessarily exposed to the healthcare provider other than during an initiated meeting, therefore you should rely on the healthcare provider seeing the information immediately after uploading it to the system.

 

Healthcare providers: It is the responsibility of the healthcare provider to choose the appropriate tools to manage the individual condition of each patient. It should be emphasized that the company is not responsible for the content of information, integrity of information or the analysis of the meaning of the information collected by patients and others relevant to their health condition or their condition in general, even if the service provides analyzes or reports to the healthcare provider. In each use of the service the responsibility is on the healthcare provider to collect and analyze information from the patient and cause on his behalf. The company is not responsible for the tools used by the healthcare provider in the assessment of the patients, whether in collecting information, physical examination or in choosing clinical tests or comprehensive laboratory tests. The company is not responsible for the treatment decisions and recommendations given to the patient by the healthcare provider.

The company provides a platform for effective collection of information from the patients and those who are significant in managing their health, such as teachers. The system and/or the service does not constitute a medical record as defined in the patients rights law 1996, or medical file. The company is not responsible for management of medical records of the users. For the avoidance of doubt, the company has no responsibility in managing the patient’s medical records or medical files and the company is not responsible for the content of the information uploaded to the service, as well as content input in the patients medical records.

All medical material and/or semi medical and/or treatment related and/or medicinal appearing in the the service, whether in the website or the application, is considered only as general information and should not be seen in anyway as medical consult and/or treatment consult and/or a personalized medical treatment substitute. The information in the service is general and can not be customized for each and every persons needs, therefore in order to receive personalized medical treatment and/or consult the user must go see a doctor.

Although the company takes reasonable efforts to include in our service the most updated and accurate information, it is possible that the information included in the service will not be completely accurate. Therefore the company doesn’t promise or commit and will not be responsible for the accuracy, updated or wholeness of the information provided in this service. The company will not be responsible and will not be charged for any injury and/or damage, direct and/or indirect including for aggravation etc., caused to the user of the service or his property and/or computer and /or any third party which is due to and/or as a result of entering the service and/or surfing the service or the inability to enter and/or surf the service and/or as a result of exposure to computer damage (including viruses) while using the service and/or as a result of reliance on the information included in the service and/or any part of the service and/or due to and/or as a result of using the services displayed in it.

Any one sending information to the service or alternatively directly to the company will be responsible for the content of the information including the truth and accuracy and undertakes to do so in accordance with the provisions of any law, including obtaining the explicit informed consent of the subject of the information and/or the patient in uploading all information. The company is not responsible to do so. The user is responsible to compensate and indemnify the company for any damage caused to either of them as a result of uploading content by him that is untrue and/or inaccurate and/or hurtful and/or constitute and injustice and/or an offense under the provisions of any law. You are responsible to back up the information you upload to the service.  The company recommends you save the original files for backup. If the service is discontinued or your user is turned off, you allow the company to permanently erase your information from our servers. You agree that we have no liability to return any information after termination of service ending your account.

 

Sign up

In order to create an account with us, you will be asked to provide certain information. We reserve the right to refuse opening an account for any user, for any reason or to limit the the number of accounts a user can open, all according to our absolute discretion. It is forbidden to provide false information while signing up. You will be asked to pick a user name and password. You can not choose a username that already exists in the system. The username can’t be obscene, offensive or contradictory in any way to terms of use and to public policy. You are committed to update your account to keep it updated and accurate. Any loss caused by not updated your account will be your own responsibility.

You can’t give your password to any one else. We will not ask you for your password. If you forget your password, you can require a new password that will be sent to your email address or cell phone. Your account is in danger if you allow anyone to use it in an inappropriate manner. The account could be closed if you or anyone else using your account violate these terms of use. If your account is closed, you will not be allowed to open a new account without an explicit agreement from us.

You agree to immediately notify us of any unauthorized use of your account or your password. You are solely and fully responsible for the security of your computer or cell phone and for all activity in your account, even if the activity was not done by you. We will not be heald responsible for any loss or damage caused by unauthorized use of your account or your password. You commit to indemnify and compensate us for any invalid or illegal use of your account, including any email sent from it, and for any accumulated debt or applicable taxes, unless you notified us at contactus@linkcaring.com that there was a breach to your account and you demand your account to be blocked. We do not supervise the subject and we can’t promise to know about all improper use of your account, of the service or to prevent such use.

You are agreeing that we can for any reason, at our absolute discretion and without notice thereof, close your account and remove any content related to it. Reasons for closing an account could be: (a) long periods of inactivity (b) violation of these terms of use or their essence (c) beahviour that constitutes fraud or that is hurtful or bothersome or (d) behavior that is offensive to other users, third parties, the ethos of our community or our business affairs.

If we reckon, in our sole discretion, that there has been a violation of these terms of use or that there has been any illegal or inappropriate behavior, we wlll be able to take any correction action that we find acceptable. We reserve the right to investigate any suspected violation of these terms of use or illegal or inappropriate behavior in the service. We will cooperate with and investigation conducted by the law enforcement agencies or with any court order demanding us or obligating us to reveal the identity, behavior or any content of any user for whom there is a suspicion that took actions that appear to be contrary to the law. You have the right to demand your account to be closed at any time and for any reason by sending a message to contactus@linkcaring.com .

The closing or suspension of your account will not affect any debts you have to the company under these terms of use (including, without limitation, ownership, indemnity and all representations obligations towards us and limitation of liability) which according to their nature and as the case may be are intended to continue and exist after closure or suspension as mentioned.

 

Data Security

The company uses advanced tools to secure data and confidentiality so that the information of each specific patient will be available only to the patient and whoever is chosen to be involved in their treatment, i.e. the responsible adult. Access to patient’s information will only be available to the patient and the health care provider. If the patient is underage or not legally qualified the information will also be available to a responsible adult who is related to the patient through the service. Officials who can add information to the management of the treatment (i.e. a teacher) can upload information to the but aren’t  exposed to medical information of the patient, only to the information that they themselves uploaded. In case that the patient or his representatives switches or changes caregivers, all the information which exists in the service regarding the patient will no longer be available to the previous caregiver.

 

Intellectual property rights

The website, the application and the service are the property of the company and are protected by national and international laws, including the laws of the state of Israel and international conventions.

All content included in the service, whether verbal and/or graphic content, and including content that has been given in by third parties and/or users are the property and the control of the company and are protected by national and international laws, including the laws of the state of Israel  and international conventions. The content provided in the service ( herein reffered to as “the content”) is for your personal and non commercial use only.

All use of the service and/or content that is not expressly permitted by these terms of use, constitutes a breach of the terms of use and might be a breach of copyright, trademarks and other laws. All elements that compose the service, including, among other things the text, design, software applications, logos, graphics, icons and pictures, as well as how they are chosen and organized, are the exclusive property of the company or any organization that has granted it a license accordingly, and they are protected by national and international laws, including the laws of the state of Israel and international conventions. All the softwares used in the service is the sole property of the company or any organization that has granted it a license accordingly, and they are protected by national and international laws, including the laws of the state of Israel and international conventions. Except as expressly permitted herein, any duplication, transcription, copying, change, development, distribution, advertising, download, broadcast, transference, or display of any content from the service, is strictly prohibited. You may not remove, change or hide any sign of copyright, trademark or service mark or any other mark which marks property rights incorporated into the service. Unless otherwise stated, any trademark, service mark and logo appearing in the service, are the sole property of the company, and may not be used without express permission in writing from the company. There is nothing in these terms of use that grants you any rights of use of trademarks, logos, or commercial names of the company or of any third party.  Any right not expressly granted herein is reserved to the company, the companies affiliated to it and entities that have granted it licenses.

The company may change the content of the service and the features in it or terminate their activities, without prior notice, at the discretion of the company as the service editor.

You do not have to provide us with any feedback or any comments or suggestions regarding the service. The company shall be entitled to use your feedback, comments or suggestions to improve the system and/or in regard to all its products and services without any liability or accounting to you in accordance with its sole discretion. Feedback, comments and/or suggestions will not be considered confidential or personal information of the user.

 

Links to websites of third parties

For the convenience of the users of the service, and only for that reason, the service may offer links and/or references to services and/or websites and/or other applications, however it is hereby clarified that the company and/or anyone acting on its behalf is not and will not be held responsible for any damage and/or harm, direct and/or indirect, including in respect of mental distress etc., caused to the user and/or any third party by the content and/or due to products and/or services sold and/or offered and/or displayed on the websites and/or applications. The company makes no representations regarding the websites and/or applications of business partners or any third parties which are accessible through this service. The fact that we provide links to different websites or applications should be misunderstood as if we recommend that website and/or application or their operators or promise any promises about them. The company is not responsible for the privacy procedures, terms of use or the content of these websites and/or applications. The company hereby declares that it will not be held responsible to the content of any website and/or application connected to this service. The company will not be held responsible to all the websites and/or applications that include links to this service including the content presented in their framework.

 

Privacy

You agree that the use of the service will be subject to the company’s privacy policy, which is an integral part of these terms of use. The company’s privacy policy applies to any personal identifying information transmitted electronically or otherwise the service.

 

Limitations

Except as expressly stated here, you commit not to take the following actions, and not to allow any third party to take the following actions: (a) reverse engineer, dismantle, or make any attempt to discover the source code of the software underlying the surface; (b) Change the service, manipulate it, copy or create derivatives thereof, as well as distribute, rent, broadcast, show in public, advertise, deliver, remove or any other use that is not in these terms of use; (c) Make any attempt to disable or override any security  mechanism of the service; (d) Activate, or allow activation of any computer application or any other mechanism , including softwares such as crawlers, spiders, robots etc. in order to search, scan, copy or automatically or manually retrieve content from the service and/or of it’s  users, including creating and/or using such measures to create a compilation, collection or reservoir which will contain content from the service and/or it’s users.

 

Limitation of liability

Using this service is done at your own discretion and your sole responsibility. We are not responsible for any content received by  third parties, unless explicitly said so in these terms of use. The service in its entirety including all the information inside it and the software underlying it, are offered to the users as is and as available without any responsibility. The company explicitly rejects any responsibility, including, without limitation, express or implied warranty for usability, merchantability, fitness for a particular purpose, ownership or non infringement. Any reliance on the service or the content is at your sole responsibility and the company rejects any  express or implied warranties (a) about the accuracy, reliability, punctuality, security or the performance of the service or the content; or (b)  that the service and/or the content will be mistake-free or the mistakes, if any exist, will be fixed; or (c) regarding the accuracy, the quality, the relevance, the integrity or usefulness of any of the information or content presented in the service.

The company tries to provide a service which is as accurate as possible. But, the company does not commit that every description or estimate is accurate, complete, up to date or without mistake. The company is not responsible on any content which is untrue or inaccurate that is uploaded to the service, whether the mistakes were caused by the users, the equipment or the software connected to the service. The company is not responsible for any reliance you take on information or content in the service. The company is not responsible for any advice or consultation which are inaccurate or untrue which was provided to you by the service. The company reserves the right to fix any mistake, inaccuracy or lack of information and update any content without notice.

Any information or consultation, whether oral or written, which you receive from the company will not produce any liability or responsibility that are not explicitly included in the terms of use. If you decide to rely on any information or consultation as mentioned, your reliance will be on your sole responsibility. There are countries that do not allow exclusion of such liability. Therefore, some of these exceptions may not apply to you.

In no will the company, its managers, its officers, workers, messengers, or share holders be liable to you or to any third party for any damage or compensation, including, without limitation, general damage or compensation, accidental, consequential, indirect, direct or punitive caused by the use of the service or anything related to it. The total liability of the company under each condition of these terms of use shall not exceed the sum you paid the company in order to use the service. Therefore, if you paid no money to the company in order to use the service, the company will not be liable to you for such use. The company is not responsible for the connection to or from the internet. The company is not responsible for telephone lines or systems or for computer systems or servers. Additionally, the company is not responsible for any harm to computers or mobile devices caused by use of the service. In no way will the company be held responsible for the actions of other users ( including unauthorized users), whether their actions are done while using the service or not. The company is not responsible for any damage, including bodily injury or death, caused by using the service, the content in the service.

 

Indemnity

You commit to indemnify the company, its workers, managers, officers, contractors and employees against any claim, prosecution, compensation, cost or expense (includoing expenses and court fees) which arise, directly or indirectly: (a) from violation of these terms by you or by anyone using your computer or your password; (b) from your use (or inability to use) the service; (c) from any violation you commit against the law or applicable regulations; (d) your violation of the rights of any third party; (e) information you supply or use in regards to the service which violate any rights of a third party, including intellectual property rights and privacy rights; or (f) anything else you are liable for according to these terms and according to the applicable law. You agree that your use of the service will be according to the applicable law.

 

Jurisdiction and others

The company is located in Lehavim, Isral. The company makes no representation to which the content is suitable to download in certain countries or that it is downloadable in them. It is possible that the that the access to content is illegal for certain people or in certain countries. Your accessing the service is your sole responsibility, and you will be responsible for complying with the provisions of the law in your jurisdiction. The following instructions shall remain in effect even after their expiry or the termination of these terms of use, regardless of the cause of expiry or termination: limitation of liability, indemnity, intellectual property rights, jurisdiction and others and exhaustive agreement.

You hereby agree explicitly that any conflict with the company and any conflict regarding your use of the service in any way will be subject exclusively to the jurisdiction of the courts in Israel. You also express explicitly and exclusively to apply personal jurisdiction in a competent court in Tel Aviv – Jaffa regarding any conflict as said above, including any prosecution in which the company is included or related companies, subsidiaries, workers, contractors, officers, directors, communication providers, or content providers are included. The law which applies to these terms of use is the essential internal law of the state of Israel, without giving effect to the rules of the law. If a certified court determines that a certain instruction in these terms of use is invalid, the invalidity of the instruction as mentioned will not effect the validity of the rest of the instructions in these terms of use, and they will stand in full validity. No waiver of a certain term from these terms of use , will  be considered an additional waiver or a continual waiver for the same term or any other term. In case of violation of these terms of use, threatening to violate them or in any other case that causes or could cause irreversible damage to the company, the company will have the right to seek injunctive relief in a certified court.

For as long as we need to contact you, you agree that we can contact you via electronic means, including, without limitation, via email. We will be able to send you messages to your email address, fax number or by mail according to the contact information you gave us while signing up. Messages sent via email will be considered as received upon the time of sending the email. Messages sent by fax will be considered as received when we receive approval of arrival. Messages sent by mail will be considered as received 10 days from the day the mail is sent. The company may assign, transfer or convert its rights and obligations according to these terms of use, or any part of them, to any third party as it sees fit. You are not allowed to assign, transfer or convert your rights and obligations according to these terms of use, or any part of them, and any such conversion attempt shall be canceled and insignificant.

 

Exhaustive agreement

These terms of use reflect the full and total agreement between you and the company regarding the topics they discuss, including the use of the service and content, and they replace any agreement between the two sides regarding the topics as mentioned, and this is subject to any specific “legal notice” which will be published in the service of the company, if such a thing is published. If you have any questions regarding these terms of use, please contact us at: contactus@linkcaring.com

Linkcaring 2018 | Terms of use