Effective: October 25th, 2020
These Terms of Service (the “Terms”) are a binding legal agreement between you and IViey Healthcare Ltd., a company incorporated under the laws of the Republic of Trinidad and Tobago with a registered office at 10 Joga Grant Street, Vistabella, San Fernando (“IViey,” “Iviey,” “IV,” “IViey Healthcare,” “we,” “us” and “our”). The Terms govern your use of our website and software applications, resources and services for healthcare practitioners and clients to find each other, communicate with each other, and arrange for the provision of healthcare services (collectively, our “IViey Service” or “IViey Healthcare Service”). The Terms govern all use of the IViey Service, whether you access it from our website at https://www.iviey.com (or any localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application or gateway, our online or phone support offerings, or any other access point we make available to you. Our IViey Terms and other Policies applicable to your use of the IViey Service are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT OR REGISTRATION SIGN-UP PROCESS OR ACCESSING OR USING THE IVIEY SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE IVIEY SERVICE.You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on the IViey Service, unless otherwise required by applicable law. Your continued access and use of the IViey Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2.1 Nature of the IViey Service. The IViey Service consists of a desktop Website or application, mobile website or applications, and other related tools, support and services that clients, users or patients (“Users”) and providers of healthcare-related services (“Service Providers”) can use to find, communicate with and interact with each other. The IViey Service includes our emergency support services, educational materials for Service Providers, and other services. We charge fees for some aspects of the IViey Service, as described below in Section 9.
2.2 IViey does not provide Healthcare Services. IViey is a neutral venue for Service Providers and Users. IViey is not a Service Provider and, except for emergency phone support and other resources and support specifically described in the IViey Service, does not provide Healthcare Services. We make no representations or warranties about the quality of health, care, Service Provider Care Quality, Availability of Service Provider, or other services provided by Service Providers (“Healthcare Services”), or about your interactions and dealings with users. Service Providers listed on IViey are not under the direction or control of IViey, and Service Providers determine in their own discretion how to provide Healthcare Services. Though we provide general guidance on our Site to Service Providers about safety and client care and to Users about selecting and engaging Service Providers, IViey does not employ, recommend or endorse Service Providers or Users, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Users, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Verifications (each as described in Section 10, below) on Service Providers conducted by a third party, but, except where explicitly specified in the IViey Service (and then only to the extent specified), do not otherwise screen Service Providers or Users. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Healthcare Services, or otherwise interacting with users via the IViey Service. Users and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their health. For example, each user of the IViey Service is responsible for keeping current his or her own health record, and we will have no liability for anyone’s failure to update or take their own health into consideration.
2.3 Release. Subject to Section 16 below, our liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Users, whether online or offline, is limited to the amounts and obligations set forth in the these Terms of Service. You acknowledge and agree that, except to the extent we have liability under the IViey's Terms of Service, and to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF HEALTHCARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions are between Users and Service Providers. The IViey Service may be used to find and offer Healthcare Services and to facilitate future payment or bookings, but all transactions conducted via the IViey Service are between Users and Service Providers. Except for the limited refunds, you agree that IViey has no liability for damages associated with Healthcare Services (which may include bodily injury or death) or resulting from any other transactions between users of the IViey Service.
2.5 Bookings. Users and Service Providers transact with each other on the IViey Service when they both agree to a “booking” that may specify the fees, time period, cancellation policy, and other terms for provision of Healthcare Services via any booking mechanism provided on the IViey Service (a “Booking”). A Booking may be initiated by either a Service Provider or a User by selecting the type(s) of Healthcare Services to be provided and then following the prompts that may appear on-screen. If this prompt is not available on IViey’s service, a “booking” may be initiated solely at your discretion by contacting the Healthcare Provider listed on IViey. If you are a User and you initiate a Booking, you agree to pay for the Healthcare Services described in the Booking. If you are a User and a Service Provider initiates a Booking, you agree to pay for the Healthcare Services described in the Booking. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honour the price and other terms of that Booking, as acknowledged in the Booking confirmation.
2.6 Users are Solely Responsible for Evaluating Service Providers. Users are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Please visit IViey Support for guidance about making informed decisions about engaging Service Providers. Though IViey performs a review of Service Provider profiles and facilitates Service Provider Background Checks or Verifications conducted by a third party, any such screening is limited, and IViey does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, IViey does not endorse reviews of Service Providers by other Users that may be available via the IViey Service, and IViey makes no commitments that such reviews are accurate or legitimate.
2.7 Emergencies. We recommend that Users give their Service Providers contact information where they can be reached in the event medical care becomes necessary. Service Providers agree to immediately contact Users in the event such care becomes necessary or, if the User is not available, to contact IViey at the applicable telephone number or email address listed in the table at the end of these Terms. Users are responsible for the costs of any such medical treatment and, if you are a User, you hereby authorize IViey to charge your credit card or other payment method for any such costs that require IViey to operate outside of our purview. In certain circumstances, a User may be eligible for reimbursement under the IViey Guarantee. IViey recommends that all users have adequate insurance to cover the costs of care.
2.8 Consultation Services. IViey may offer Users and Service Providers phone, chat, or email consultation services from a third party to provide an educational resource for decisions you make about your care. These consultation services are provided by a third party, and are not a part of the IViey Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional care. You agree to resort solely to the applicable third party consultation service in the event of any claims arising from their services.
2.9 Google Maps. Use of the IViey Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/
terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/
privacy/ (collectively, the "Google Terms"). By using the IViey Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google
Maps features and content may result in your suspension or termination from the IViey Service.
By accessing and using the IViey Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the IViey Service.For Users, this means, among other things, that you will ensure that you have obtained and will maintain any mandatory insurance policies concerning your care and for whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).
For Service Providers, this includes that you are legally eligible to provide Healthcare Services in the jurisdiction where you provide Healthcare Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses and permits necessary to legally provide Healthcare Services; and that, when providing Healthcare Services, you will comply with applicable and similar health practices and laws.You acknowledge that IViey is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4.1 Your Conduct on the IViey Service. When you use the IViey Service, you agree:
· To use the IViey Service only in a lawful manner and only for its intended purposes.
· Not to use the IViey Service to arrange for the care of inherently dangerous medication or drugs.
· Not to submit viruses or other malicious code to or through the IViey Service.
· Not to use the IViey Service, or engage with other users of the IViey Service, for purposes that violate the law.
· Not to use the IViey Service for purposes of competing with IViey or to promote other products or services outside of what is allowed on IViey or by governing law.
· Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
· Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
· Not to post “spam” or other unauthorized commercial communications.
· To use the IViey Service only for your own purposes, and not to impersonate any other person.
· Not to transfer or authorize the use of your account for the IViey Service by any other person, or to engage in fraudulent transactions.
· Not to provide false information in your profile on, or registration for, the IViey Service, or to create multiple or duplicate accounts.
· Not to interfere with our provision of, or any other user’s use of, the IViey Service.
· Not to solicit another user’s username and password for the IViey Service or any other sensitive personal information, including bank details.
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the IViey Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the IViey Service: (1) if in our discretion your conduct on the Site or IViey Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect IViey, its users, or the public. You may suspend or terminate your use of the IViey Service at any time and for any reason. If you wish to deactivate your account, please contact IViey. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
In order to use some aspects of the IViey Service, you may be required to create a username, password, and user profile. If you elect to use the IViey Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if IViey suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the IViey Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
Our collection and use of your personal information on the IViey Service is described in our Privacy Statement. By accessing or using the IViey Service, you acknowledge that you have read and understand the Privacy Statement.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to or for your profile on the IViey Service or otherwise in connection with using the IViey Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to register and/or create a profile page with a photograph and other information and to transmit photos to Users, while Users may submit reviews of Service Providers.
7.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant IViey an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the IViey Service, and to sublicense these rights to third parties.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release IViey and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the IViey Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews. The IViey Service may provide the ability to leave public and/or private reviews of users. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that IViey has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the IViey Service, whether before or after termination of your account for the IViey Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the IViey Service at any time.
8.1 Consent to Auto-dialled Text Messages.
This section 8.1 applies only to users in the Caribbean. You consent to IViey communicating with you about the IViey Service by SMS, text message, email and other electronic means, including auto-dialled text messages containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the IViey Service, and you may opt-out of receiving these messages at any time as described in our Privacy Statement (though you may continue to receive messages while IViey processes your request).
8.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your IViey account information promptly to ensure that messages are not sent to the person who acquires your old number.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the IViey Service are listed and payable in local currency.
9.2 Fees for Users. Users may purchase Healthcare Services from a Service Provider either through the Service Provider themselves or where and when applicable, by completing a Booking as described in Section 2.5. If you are a User, you enter into a transaction with the Service Provider when you accept or make a Booking, and you agree to pay the total fees indicated in the Booking. As described in Sections 9.3 and 9.4, the total amount Users are charged for a Booking may also include a service fee payable to IViey. Where required by law, the amount charged will also be inclusive of applicable taxes. The Service Provider, not IViey, is responsible for performing the Healthcare Services.
9.3 Fees for Service Providers. Service Providers may agree to provide Healthcare Services to a User by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires or the User will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Healthcare Services is a transaction between the User and the Service Provider. IViey’s role is to facilitate the transaction or help connect through facilitation. We may (either directly or indirectly through an authorized third party) collect payment from the User at the time of, after or before Booking and (except to the extent of any payment hold pursuant to Section 9.7) initiate payment to the Service Provider’s account within 2 to 5 days after completion of the service period indicated in the Booking. Service Providers may be charged a membership fee or a service fee as described in Section 9.4. Where required by law, the amount charged will also be inclusive of applicable taxes.
9.4 Service or Membership Fees. We charge service or membership fees for some aspects of the IViey Service. If you are a Service Provider, except where otherwise specified via the IViey Service, our service fee is calculated as a standard monthly fee, otherwise separated into packaged plans of varying time periods. Our membership fees may be collected monthly, quarterly, semi-annually or annually, based on the date of your registration with IViey. Our service fees are described here.
9.5 Late Fees and Additional Charges. If you are a User, you acknowledge and agree that, if you fail to attend at the period agreed in a Booking, you may be charged by the Service Provider, and subsequently IViey, for additional service time (pro rata for each partial late day) at a daily rate established in the Booking. In addition, you agree to indemnify IViey from, and agree that we may charge your credit card or other payment method for any additional costs and expenses we or the Service Provider incur as a result of your failure to attend at the period agreed in a Booking.
9.6 Cancellations & Refunds.
· Cancellations by Service Provider.
If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the User for Healthcare Services not provided, as well as any service charge paid to IViey. If you are a Service Provider, you can refer a substitute or alternate Service Provider (as agreed by the User and so long as the substitute has an active account on the IViey Service and has agreed in writing to accept a Booking). If you do not find a substitute and repeatedly cancel accepted Bookings without justification, IViey may terminate your account.
· Cancellations by User.
If a User cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the IViey Service. All Service Providers are automatically opted-in to the cancellation policy prior to completing a Booking as part of the service and consideration between User, Service Provider and IViey. Users are made aware of the cancellation policy prior to Booking.
· Force Majeure.
The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Users that make it impossible or impractical to perform agreed Communication or Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases IViey may, in its reasonable discretion, issue refunds under terms that vary from the cancellation policy.
· Refunds for Failure to Perform. \If we determine in our reasonable discretion that a Service Provider has failed to provide Healthcare Services as agreed with the User or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a User.
· General Terms for Cancellations.
If you wish to cancel a Booking, you should use the mechanisms available through the IViey Service or through the third-party originally used to schedule the booking. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date that a user cancels through the IViey Service or third-party service, including any separate communications between users outside of the IViey Service.
· Payment Disputes; Payment Outside of the IViey Service.
IViey, where applicable, initiates payments to Service Providers 2 to 5 days after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the User and Service Provider, and IViey has no obligation to mediate or facilitate any resolution. Further, IViey has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the IViey Service.
9.7 Payment Holds. If you are a Service Provider, IViey reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of IViey, the IViey community or third party rights. We may also recommend that third-party payment service providers restrict your access to funds in your account under the same circumstances.
9.8 Authorization to Charge. When you pay for Healthcare Services or for other services directly on the IViey Service, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. IViey’s role is to facilitate payments from Users to Service Providers as limited payment agent for the Service Provider. You authorize us to charge your credit card or other payment method for fees you incur on the IViey Service as they become due and payable, and to charge any alternative payment method IViey has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither IViey nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the IViey Service are non-refundable once paid.
9.9 Taxes. Except for taxes on IViey’s income and gross receipts or where IViey is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Healthcare Services via the IViey Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the IViey Service.
IViey may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.If you undergo a Background Check or Identity Verification via the IViey Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that IViey may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that IViey’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. IViey reserves the right to suspend or terminate your access to the IViey Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.
Users remain fully responsible to evaluate and investigate their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, IViey does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanours or felonies.
If you believe in good faith that your copyrighted work has been infringed by content posted on the IViey Service, please provide our designated copyright agent with a written notice that includes all of the following information:
· A description of the copyrighted work you believe to have been infringed;
· A description of the URL or other location on our Site of the material you believe to be infringing;
· Your name, mailing address, telephone number and email address;
· A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
· An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Our designated agent for notice of copyright infringement can be reached at:
IViey Healthcare Ltd.
Attention: Copyright Notice
10 Joga Grant Street, Vistabella,
San Fernando,
Trinidad and Tobago
info@iviey.com
The IViey Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD IVIEY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the IViey Service; (2) breach of these Terms; (3) disputes with other users of the IViey Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
14.1 IViey Service. IViey and its licensors retain all right, title and interest in and to the IViey Service, the technology and software used to provide it, all electronic documentation and content available through the IViey Service (other than Your Content), and all intellectual property and proprietary rights in the IViey Service and such technology, software, documentation and content. Except for your rights to access and use the IViey Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the IViey Service any feedback or suggestions for improvement that you provide to us concerning the IViey Service, without any obligation of compensation.
14.2 IViey Trademarks. IViey owns all rights in and to its trademarks, service marks, brand names and logos (the “IViey Marks”). If you are a Service Provider, IViey grants you, for so long as you are in good standing on the IViey Service, a limited, revocable, non-exclusive, non-transferable license to use the IViey Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made available for purchase via the IViey Store and/or (2) in any other manner specifically authorized in writing via the IViey Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the IViey Marks inures solely to the benefit of IViey, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because IViey suspends or terminates your rights to use the IViey Service.
The information and materials found on the IViey Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the IViey Service, and/or/or not directly by IViey, are those of their respective authors, who are solely responsible for providing such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IVIEY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE IViey SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN IViey; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE IVIEY SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IVIEY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE IVIEY SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS HEALTHCARE SERVICES VIA THE IVIEY SERVICE.
16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will IViey be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the IViey Service, including without limitation damages related to any information received from the IViey Service, removal of your profile information or review (or other content) from the IViey Service, any suspension or termination of your access to the IViey Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the IViey Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENTS APPROVED BY IVIEY UNDER THE IVIEY GUARANTEE AND THE REFUND AMOUNTS PAYABLE BY IVIEY THAT ARE SET FORTH IN SECTION 9, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL IVIEY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE IVIEY SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO IVIEY (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID IVIEY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $600.00 TTD (OR EQUIVALENT IN US CURRENCY).
16.3 No Liability for non-IViey Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IVIEY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE IVIEY SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE IVIEY SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE IVIEY SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR USER, YOU AGREE TO RELEASE IVIEY FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT TO THE EXTENT STATED IN THE IVIEY GUARANTEE. IN NO EVENT WILL IVIEY BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A USER OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH IVIEY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA, PLEASE SEE SECTION 18.
17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and IViey (together, the “Parties”) agree that any and all disputes or claims that arise between you and IViey relating to the IViey Service, interactions with others on the IViey Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Arbitration Act, or applicable Arbitration Law, governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
17.3 Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND IVIEY AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 17.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND IVIEY AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER IVIEY SERVICE USERS.
17.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at info@iviey.com or by mail at IViey Healthcare Ltd., Attn: Legal, 10 Joga Grant Street, Vistabella, San Fernando, Trinidad and Tobago. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
17.5 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The ICDR Rules are available at https://www.icdr.org/rules_forms_fees and are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.
The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the country in which you reside or at another mutually agreed location. If the value of the relief sought is $5,000 TTD (or equivalent in local currency) or less, you or IViey may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and IViey subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or IViey, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Republic of Trinidad and Tobago (or of the specific country in the Caribbean), including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different IViey users, but is bound by rulings in prior arbitrations involving the same IViey user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable ICDR Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and IViey, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, IViey will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, IViey will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse IViey for all fees associated with the arbitration paid by IViey on your behalf that you otherwise would be obligated to pay under the ICDR Rules.
17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
17.8 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
17.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 17.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to IViey Healthcare Ltd., Attn: Legal, 10 Joga Grant Street, Vistabella, San Fernando, Trinidad and Tobago. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the IViey Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18.
17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against IViey prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against IViey prior to the effective date of removal.
18.1 For users in Trinidad and Tobago and the Caribbean, these Terms, and any dispute between you and IViey, will be governed by the laws of the Republic of Trinidad and Tobago, without regard to principles of conflicts of law, except that the IDCR or the Republic of Trinidad and Tobago’s Arbitration Act will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and IViey must be resolved exclusively by a court located in the Republic of Trinidad and Tobago. You and IViey agree to submit to the personal jurisdiction of the courts located within Trinidad and Tobago for the purpose of litigating all such claims or disputes.
18.2 For users in the EEA (and the United Kingdom should it no longer be part of the EEA), the laws of Trinidad and Tobago shall govern these terms. Any dispute that arises between you and IViey must be resolved by the Trinidad and Tobago courts.18.3 If you are a consumer in the European Economic Area, we discourage you from using IViey, unless you are a current permanent resident of Trinidad and Tobago or of any country in the Caribbean.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, nor hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering healthcare services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
For questions or concerns about the IViey Service or these Terms, please refer to the IViey Support Center, or contact office in Trinidad and Tobago.
Telephone: +1 (868) 743 1700
Email: info@iviey.com
