Last updated: January 1, 2022
By using our Services, you represent that you are the individual that we have invited to participate in the relevant Survey, you are a physician registered to practice medicine in your jurisdiction or other healthcare professional and meet any other eligibility criteria that we have included in our invitation, you are not legally or contractually prohibited from using our Services, and you agree to these Terms. If you do not agree to these Terms, do not use our Services.
1. Participation in a Survey
|You must answer certain screening questions before you may qualify to complete a Survey. You shall comply with all legal, contractual, ethical and other obligations that apply to you when completing a Survey, including those under privacy laws, medical confidentiality laws, medical ethical rules and your agreements with your patients and other individuals.
|You may only complete a Survey once. If you believe you have already responded to a Survey from a different invitation, you must not attempt to participate in the Survey again. Only one user per computer or mobile device may complete a Survey. Should this computer or mobile device be used by more than one physician to participate in a Survey, only the first participant will be able to complete the Survey.
|You must keep the contents of the Survey, your responses to the Survey, and your participation in the Survey confidential and not disclose these materials to any third party, except to the extent that: (i) the laws that apply to you require you to disclose such materials; or (ii) such materials become part of the public domain by no breach by you of this clause.
|You must comply with these Terms and only provide accurate, truthful and complete information when completing a Survey. You must read all Survey questions thoroughly and provide considerate answers. If we determine at our sole discretion that your responses are fraudulent, fabricated or otherwise fail to comply with these Terms, you will not be eligible to receive Honoraria.
|If you complete a Survey in accordance with these Terms, you may be eligible to receive the Honoraria offered in our invitation to you to complete the Survey. Your completion of a Survey does not constitute confirmation of our obligation to provide you with the offered Honoraria because we still need to verify the Survey responses for compliance with these Terms and any other terms and conditions included in our invitation. You must also provide any requested information about yourself that we need to pay or provide you with your Honoraria.
|If you are eligible to receive Honoraria, you will be provided with instructions on how to make a redemption request from our service provider. You must follow the redemption instructions from the service provider to receive the Honoraria. Unless otherwise expressly agreed in writing, you must make a redemption request within two years of receiving the redemption instructions or else the instructions will expire, after which you will no longer be eligible to redeem the Honoraria and indefinitely waive any right to receive the Honoraria. You are solely responsible for any taxes or reporting obligations associated with your receipt of Honoraria. Where applicable, we take steps to issue the Honoraria in your local currency using the stated payment option; however, in the event we are unable to do so, we will provide you with the option to be paid the equivalent in USD.
2. Responsed and feedback
|All content, information and other materials available through our Services, including our trademarks and logos, the Survey, visual interfaces, images, software, services, text, data, or audio or video clips that we make available as part of our Services, and the selection and arrangement thereof (collectively, the “Content”) are protected by applicable intellectual property, copyright and proprietary rights and laws. All of the Content is the property of ours, our affiliates or our licensors. We reserve all rights not expressly granted in these Terms.
|As long as you continue to comply with these Terms, we grant you a limited, personal, revocable, non-exclusive, and non-transferable permission to use the Content solely to enable you to complete the Survey and redeem your Honoraria. We can terminate the license granted herein at any time, without notice, including where we consider that your use of our Services breaches these Terms.
|You must not rely on Content to inform your professional decisions. WE PROVIDE CONTENT AND SERVICES “AS-IS” “WITH ALL FAULTS”, “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. You agree to defend and indemnify us and our affiliates, business partners and personnel from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of our Services or the Content, or any breach by you of these Terms.
4. Prohibited Conduct
|You shall not use or allow the use of our Services for: (1) any illegal, unlawful, fraudulent or malicious purpose or activity; (2) activities that we deem improper for any reason whatsoever in our sole discretion; or (3) the purpose, even if it is not one of the main purposes, of building a survey or service that has substantially the same purpose of the Survey or Services to assist another person in building such a survey or service.
|You shall not and shall not attempt to:
|Sell, rent, lease, share or provide access to your account, a Survey or our Services to anyone else;
|Access or use another user’s account, invitation to complete a Survey, or our Services without our written approval;
|Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
|Use our Services to upload, store, transmit or disseminate any material which:
|could be construed to be medical advice and/or constitute a breach of doctor-patient confidentiality;
|could violate any applicable law including copyright or other intellectual property rights;
|contains a virus, worm, Trojan horse, or other harmful or disruptive component;
|Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Services;
|Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services, monitor data or traffic on our Services, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services, such as a denial of service attack.
To the fullest extent permitted by applicable law, we reserve the right to deny you access to our Services and to terminate this agreement at any time for any reason, including where we consider that your use of our Services breaches these Terms or applicable law, you fraudulently use or misuse our Services, or we are unable to continue providing our Services due to technical or legitimate business reasons. Any such termination by us will be effective even if we do not provide you with notice of the termination.
6. Governing Law and Jurisdiction
To the fullest extent permitted by applicable law, you agree that these Terms will be construed and enforced in accordance with the statutes and laws of the State of New York, without regard to its choice of laws principles, and any action to enforce these Terms will be brought exclusively in the federal or state courts presiding in the State of New York, to whose jurisdiction you expressly agree to submit. Notwithstanding the above, you agree that we may instigate proceedings for equitable relief in any court of competent jurisdiction.
|We reserve the right to make amendments to these Terms at any time at our sole discretion where permitted by applicable law. Your continued use of our Services after being notified of such amendments signifies your consent to the amended Terms. If you do not agree to the amended Terms, please do not use our Services.
|We reserve the right to assign these Terms to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
|If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
|No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
|All words used in these Terms are to be construed to be of such gender or number as the circumstances require. The words “including,” “includes” or “include” are to be read as listing non-exclusive examples of the matters referred to, whether or not words such as “without limitation” or “but not limited to” are used in each instance.
|You agree that Articles 1.3, 2, 3.1, 3.3, and 4 to 7 shall survive any termination of this agreement or your access to our Services.
|Medefield is a service mark of Doctor’s Guide Publishing Limited (“Doctor’s Guide” or “us”). Doctor’s Guide is located at 1, rue Hildegard von Bingen, L-1282 Luxembourg, Luxembourg.