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Terms of Use

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WEBSITE’S TERMS AND CONDITIONS

  1. INTRODUCTION
    1. Accessing and navigating in this Website (hereinafter referred to as “Website”) are actions subject to the present terms and conditions (hereinafter referred to “Terms and Conditions”). By browsing the Website and all information provided therein, the user/ visitor (hereinafter referred to as “User”) accepts all current Terms and Conditions, as well as all future modifications and updates. In case the User disagrees or reserves his rights for a part or the total of Terms and Conditions, the User is obliged to abstain from browsing and navigating the Website. Otherwise the User declares that he unconditionally accepts the Terms and Conditions that govern the Website.
    2. The administrator of the Website is Dr Dimitrios Samaras, FMH Médecine Interne Générale, f.a. Gériatrie, GLN 7601000778901 Avenue Eugène-Pittard 34, 1206 Genève, Telephone: +41223468954 email: info@drsamaras.com (hereinafter referred to as the “Doctor”).
    3. Given that this Website is not static but on the contrary it may change from time to time, it is highly advisable that the User regularly visits this page to get informed about any modifications made to the Terms and Conditions. Any modifications made to Terms and Conditions are valid only after they are uploaded on the Website.
    4. The relationship between a User that visits the Doctor at Doctor’s premises is not governed by Terms and Conditions.
    5. The Website gives the User the possibility to send a message to the Doctor in order for him to communicate with the User. This is feasible through section “Book an appointment” of the Website. In this section the User fills his personal data (name, email and message), so that the Doctor can contact him within reasonable time at the contact details provided. Users are encouraged not to include in the message any medical data and any information about their health. For more details regarding this section and the processing of his/her personal data, the User is kindly asked to consult Website’s Privacy Policy.

IΙ. TERMS AND CONDITIONS

  1. USE OF WEBSITE’S CONTENT
    1. Website’s purpose is strictly informational. This means that the Website aims strictly at offering information to adults (over 18 years of age), regarding services provided by the Doctor (such as internal medicine, clinical nutrition, age prevention as well as information related to the nutritional method “mispoon” or any other services provided by the Doctor in the future), in Doctor’s physical premises and not related to or though the Website. None of the aforementioned services is offered by the Doctor through the Website. Services offered by the Doctor require the physical presence of the patient, at a place and time specifically agreed between the Doctor and the patient, requiring the physical presence of the patient at Doctor’s premises.
    2. Content included in the Website such as texts, articles, graphics, images, videos etc and information provided, as well as any other material included in the Website (hereinafter referred to as “Content”) should be used by the User solely for informational purposes.
    3. Content included in the Website does not aim at substituting professional medical advice, diagnosis or cure and the User should always consult his doctor before proceeding to any action mentioned in the Website. Content provided in the Website has general and not personalized character since it has not been created based on User ‘s medical or physical profile, personal health or other User details. Thus information provided through Website does not constitute User’s personalized medical diagnosis, treatment, medical advice or cure. The Doctor cannot guarantee that if a User uses any information included in the Content, the User will achieve any medical or nutritional or other type of goal or result or cure. It is highlighted that none of the Content’s uploading or presentation on the Website constitutes provision of medical service or advice or treatment.
    4. Please note that the Doctor does not recommend the User through the Website to proceed to specific actions or omissions or to follow specific nutrition. The User is exclusively responsible in case he proceeds to actions based on information included in the Website as well as for any use of Content included in the Website. The Doctor bears no responsibility for any of the User’s actions that takes place due to information acquired through the Website.
    5. The User is obliged to comply with Website’s strictly informational nature and especially with the fact that the Website is not a medical device. The use of the Website is not and cannot be considered as medical action or provision of medical services on behalf of the Doctor.
    6. The User is obliged to use the Website only for legitimate purposes and in a way that does not impede other users’ use of the Website. The User should use the Website in accordance with the law, fair trade practices and Terms and Conditions. 1.7. The User should not proceed to actions that may cause damage of malfunction of the Website.
    7. The User declares that, after having taken under consideration the nature and aim of the Website, he will not proceed to any action that infringes its nature and Terms and Conditions or is contrary to Website’s aim which the User is aware of through Terms and Conditions.

In case the User infringes any of the abovementioned obligations or infringes any article of the Terms and Conditions, the User should fully compensate the Doctor or any third party for any damage occurred (incidental or consequential).

  1. PROHIBITIONS WHEN ACCESSING AND USING THE WEBSITE
    1. The User is connected to the Website via providers and means of his free choice. By browsing the Website, the User is committed to accept the Τerms and Conditions, to act in legal way without damaging Doctor’s reputation or taking advantage of it. The User must not imply any form of association, approval or seal of approval on Doctor’s part where none exists. The User should not establish a link to any Webpage that the User does not own. This Website must not be framed on any other site, nor may the User create a link to any part of this Website other than the home page. The Doctor reserves the right to withdraw linking permission without prior notice.
    2. The User shall not misuse this Website, hinder or interfere in any way to the operation of the Website or replace or modify its Content. The User is obliged not to commit or encourage a criminal offence, transmit or distribute viruses, or post any other malicious or technologically harmful material and the User must abstain from committing any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of the Website. Furthermore, the User shall not use the Website in breach of confidence or in any offensive or obscene way.
    3. In addition, the User should not destroy or corrupt data, cause annoyance to other users, violate any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam”, or attempt to influence the performance or functionality of any facilities the Website or facilities accessed through this Website.
    4. When the User is transferred to third parties’ websites through links available in Website, the User should access, download and navigate those third parties’ websites in compliance with their terms and conditions.
  1. DISCLAIMER OF RESPONSIBILITY
    1. Content included in the Website including general information, articles, videos, images, interviews, researches, presentations, statistics, data etc is provided “as is”, thus any reliance the User places on the Content is strictly at his own exclusive risk and responsibility. It is highlighted that Content included is neither limited or exhaustive nor mirrors indisputable medical conclusions or latest medical thesis or conclusions. To the maximum extent not prohibited law, the Doctor makes no representations, promises or warranties of any kind, express or implied about the completeness, update, reliability, accuracy of the Content included in the Website or the suitability of the Website or the Information included in the Website for a particular purpose. The Doctor takes no responsibility and expressly disclaims liability for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, injury, death, damage to goodwill or reputation, arising directly or indirectly out of or in connection to User’s use of or inability to use this Website or use of any of the Content or application/adoption of any information included therein or content included in the Linked Sites.
    2. The Doctor excludes any liability for loss or damage that may be provoked by viruses or other harmful material or malicious attack that may cause damage to User’s property in general (either hardware, software, data or other proprietary material) due to User’s access to the Website or the downloading of any content available on this or other linked websites.
    3. Although every effort is made to secure the smooth and uninterrupted operation and access to the Website as well as to the rest Website’s Content, the Doctor cannot be held liable if for any reason, including negligence, the Website is temporarily unavailable due to technical issues (or otherwise) beyond his control or for any loss or damage suffered as a result of the use of or access to, or inability to use or access this Website whatsoever or for any third’s party intervention causing problems or harm to the User’s data or property (software, hardware) or for force majeure or unexpected events. The Doctor expressly disclaims liability for any delay due to reasons beyond his control.
    4. The Doctor as well as his employees or associates, to the extent permitted by  law are not liable for any claims, losses, demands or damages of any kind whatsoever with respect to the Website or information contained in it, including, without limitation to, direct, indirect, incidental, or consequential losses or damages, whether arising from the following indicative issues (regardless of whether they were notified to the Doctor):  injury, death, loss of profits, loss of revenue, loss of data, operation and non availability of the Website, third party claims related to the use of the Website or information therein. The previous are applicable whether such claims, losses or damages arise in tort, contract, negligence, under statute or otherwise. In any event, it is highlighted that although the User uses this Website at his exclusive risk, while using the Website, his legitimate rights are not affected.
    5. Information included in the Website cannot be considered as medical advice, or advice for treatment or cure and the use of the Website is not a medical action. Information included in the Website should be used solely for the information of the User and it does not aim at substituting doctor’s diagnosis, cure, treatment or advice. In addition, use of information included in the Website cannot guarantee that a specific medical or other goal will be achieved. Thus, when necessary the User should always ask for a doctor’s advice. The Doctor does not provide professional medical services or advice through the Website and any information provided herein do not contain or constitute, and should not be interpreted as, medical advice or opinion. No doctor-patient relationship is created through the use of this Website. The Doctor bears no responsibility in case the User proceeds to actions or omissions following information included in the Website or in case a medical or nutritional goal was not achieved although the User has applied information mentioned in the Website.
    6. The User acknowledges and accepts that it is forbidden to use the Website in case of emergency or in any other case of medical need where it is necessary to contact a doctor or visit a Hospital. The Website is not part of national health/security system.
    7. The User is exclusively liable for the accuracy and update of information provided to the Doctor. 
    8. The Doctor bears no liability for any civil or penal claims or for any damage (actual or consequential) to Users of Website or third parties due to discrepancies of the information included in the Website.
    9. This Website also contains links to other websites which are not operated by the Doctor and which are not under his control. Thus, accuracy, legality, completeness or quality of their content and legality of the processing of User’s personal data cannot be checked and no guarantee is provided for them. Website gives the User the opportunity to connect with social media (e.g Facebook, Linkedin, Instagram, Twitter etc.). Social media are governed by their own terms and conditions and User is linked to them at his/her sole responsibility. The same is valid for other websites which are linked to the Website. The Doctor bears no responsibility for any violation of User’s rights which occurs in the digital environment of social media or the environment of other websites linked to the Website as well as for any damage that the User may undergo while accessing in these networks since it has no control over those social media services or websites. The User is the sole responsible for accessing Websites and social media and the Doctor bears no liability for those third party websites nor for any loss or damage that may be caused due to their use. While using third party websites the User is subject to the terms and conditions which govern each one of these websites. In case a problem occurs in the digital environment of a social media or a linked website, the User should directly address to the administrator of social media or website. The Doctor has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites and does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from such third party websites. The Doctor disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of or reliance on, any content, advertisements, products or other resources available on any third-party websites (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources).
    10. 3.10.The User is fully liable for the correctness, accuracy and update of his personal data/details uploaded and sent to the Doctor in the “Book an appointment” section, in order for the Doctor to communicate with him. The content of the message the User sends to the Doctor is free and is protected by medical confidentiality. However, the Doctor encourages the User not to include in the message any medical data and any information about his/her health. In any case, where the User provides the Doctor with information about his/her health, the User does so voluntarily, at his/her own will and on the basis of his/her consent (read more here). The Doctor cannot guarantee that he will communicate with the User within specific time limit. In case of emergency, the User should not delay his visit to a doctor or hospital.
    1. 3.11.The User acknowledges and accepts that the disclaimer of the present article is fair and reasonable. The User also recognizes the liability limitations included in the Terms and Conditions as valid and compatible to good faith and transactional ethics.

  

  1. COMPENSATION
    1. To the extent permitted by law, the User expressly waives from any claim against the Doctor, his employees and associates and expressly declares that he will reimburse, hold harmless and defend the Doctor for any claim of any third person, liability, losses and/or costs (indicatively including legal fees) originating from User’s access or use of the Website or User’s violation of the Terms and Conditions.
  1. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
    1. The Doctor and his associates/collaborators reserve all rights (including intellectual property rights, trademarks and any other intellectual property right) related to the material included in the Website (indicatively trademarks, videos, photographs, texts etc). Material available through links (i.e. interviews, videos etc) is also protected by copyright provisions. The Doctor and his associates/collaborators/licensors are also the owners of intellectual property rights of the software necessary for the operation of the Website. 
    2. The User is not allowed to copy in whole or in part, publish, handle, distribute, transfer, alter, store, re-publish, modify or otherwise reproduce, in any format, any part of the Content or copies of the Content of the Website or material to which the User can have access through links uploaded in the Website. The User is not allowed to use any material included or accessed through the Website in relation to any commercial activity without receiving Doctor’s (or its collaborators) previous written permission or creator’s written permission in case the creator is a third person. The User may download and print the material of the Website only for personal use. User’s limited license to access and use the Website does not allow him to use any trademarks included in the Website (whose owners are either the Website or its associates/collaborators- applicable also for partners’ trademarks). Furthermore, the User may not modify, translate, reverse engineer or create derivative works using the software available for the operation of this Website.
    3. Accessing the Website:

The Website is at User’s disposal only for personal use under the grant of a limited license to access and make personal use of this Website. This license does not allow user to download this Website or alter it, or any part of it, except with Doctor’s express previous written permission. Given the personal character of the license granted to the User, the later should not resale or use for commercial purposes this Website or its content. The User is not allowed to copy, duplicate, reproduce, sell, resell, or otherwise exploit the Website or any part of it for any commercial purpose, to make any derivative use of this Website or its content, or any use of data mining, robots, or similar data collection and extraction tools.

    1. It is forbidden to frame or use framing techniques to any material included in the Website (indicatively trademark, photographs, videos, descriptions, text, page layout) without Doctor’s written permission.
    2. In case of unauthorized use or use that violates the Terms and Conditions, the license to use this Website granted by the Doctor ceases to exist.
    3. The User is not allowed to use data gathering and extraction tools to extract and/or re-utilize parts of the material included or accessed through the Website without the written consent of the Doctor. Additionally, the User is not allowed to extract the whole or part of the material included in the Website to form his own database without Doctor’s previous written consent.
  1. AMENDMENT
    1. The Doctor reserves the right to amend, update, upgrade or abolish at any time, without prior notice to the user of the Website (wholly or disjunctively):
  1. part or the whole of these Terms and Conditions,
  2. part or the whole of the exterior appearance (interface), the structure or composition (configuration) of Website and informational categories,
  3. part or the whole of our Website’s content and its technical specifications, as well as limiting access to the entire website or part of it and/or part of it becoming available by subscription.
    1. The Doctor also reserves the right at all times, without justification and without prior notice of the User to cancel, postpone or terminate the Website’s operation. Access to this Website is allowed on condition that the User abides by the present Terms and Conditions.
    2. Users are advised and encouraged to regularly check these Terms and Conditions for any amendments.
  1. GENERAL CLAUSES
    1. Terms and Conditions represent the entire understanding between the Parties.  Neither Party will be liable for any misstatement or misrepresentation whether made innocently or negligently however this clause does not restrict liability for misstatement or misrepresentation made fraudulently.
    2. All disputes between the Doctor and the User on any issue that may occur because of or in connection with the Website or its use shall be governed by the swiss law. The parties expressly hereby agree that the Courts of Geneva shall have the exclusive jurisdiction.
    3. If any term is held to be abusive or is invalid, this does not affect the other terms, which shall remain valid and binding to the parties (including any provision in which the Doctor excludes his liability towards the User). So far as possible where any clause/sub-clause or part of a clause/sub-clause can be taken into account separately to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the User agrees that the clause shall be corrected and interpreted so as to closely resemble the original meaning of the clause /sub-clause as is permitted by law.
    4. In no event will any delay, neglect or forbearance on the part of either party in enforcing (in whole or in part) any provision of the Terms and Conditions is or can  deemed to be a waiver thereof or a waiver of any other provision or will in any way prejudice any right of that party.
    5. Doctor’s omission to take further action against User’s violation of Terms and Conditions does not impede him from using his legitimate rights in any other similar situation.
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