Terms of Use

Last Updated: July 22, 2021


General Terms


  • These Terms and Conditions are entered into by and between Samepath, A Czech Republic Corporation “Company”, and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User. 

  • Please note that we may have written guidelines, policies and rules posted on the Company website, collectively, we refer to these as “The Company Policies.” You must agree to adhere to all Company Policies in order to use our website’s tools, functions, and services to become and remain a member of Company.  All Company Policies are incorporated into these Terms as if fully set forth herein.

  • By registering as a member to Samepath, and by using any of our tools, services and functions, you agree to allow access of your wellness, lifestyle and health records and personally identifiable information to Company and your designated wellness, lifestyle and health care providers for the purposes of facilitating the services that we provide to you. 

  • This Agreement covers website samepath.org that allow you to access our our software, like Samepath booking system and entering to specialist selection.

  • This Agreement applies to any use of the Services, whether in connection with a paid subscription or a free trial.

  • THE USE OF THIS WEBSITE IS NOT FOR MEDICAL EMERGENCIES.

  • WE ARE NOT A HEALTH CARE PROVIDER, INSURANCE PROVIDER NOR PRESCRIPTION FULFILLMENT SYSTEM. 

  • PLEASE CONSULT YOUR OFFICIAL HEALTH CARE PROVIDER BEFORE MAKING ANY HEALTH CARE DECISIONS ABOUT A SPECIFIC HEALTH CONDITIONS

  • YOU MUST BE 18 YEARS OR OLDER TO ACCESS THIS WEBSITE. BY USING OUR WEB BROWSER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, COOKIES AND PRIVACY POLICIES. 

Services

 

  • Company provides a software services where patients (“you”) select wellness and lifestyle consultants to perform services. Company is a wellness and lifestyle provider. We connect patients and wellness and lifestyle providers (Provider) using our Company platform. 
  • Users may use the Company tools and booking services to schedule appointments, and have initial phone call/video call consultations, and receive text messages from wellness and lifestyle providers.
  • Users are free to select whichever wellness and lifestyle provider they wish to engage and are free to change wellness and lifestyle providers at will. 
  • Users also have the ability to provide feedback on Mental Health providers, chawhich will be available for review by site members.
  • Please, note that Health providers can also decline, change or postpone your appointment. It is in wellness and lifestyle provider competence and Samepath is not responsible for any declines, changes and postpones of the sessions. Compensation for declined, changed and postponed sessions is always an agreement between the wellness and lifestyle provider and you. 
  • Various wellness and lifestyle record storage systems are or may be provided now or in the future, including the digital deposit of recorded conversations between the user and the wellness and lifestyle provider as well as digital copies of medical, wellness and lifestyle charts and other records.  

Wellness and Lifestyle Background Qualifications 

 

  • Providers provide their own written statements about their qualifications, education and other information about their general or specific qualifications. Company does not verify such information. 
  • We do allow our users to post comments about such matters on our website.  We are not responsible for any claims made by any Provider, including licensing claims, nor are we responsible for any claims made by members of our user population. 
  • You must conduct your own due diligence before you consult with any Provider that you contact via our service.  
  • You agree to hold Company harmless and indemnify Company from any losses, injuries, judgments, awards, costs and attorney’s fees regarding any interaction you have with any Provider that you contact via our service.  

 

Fees

 

  • Your use of the Company site is subject to the payment of certain fees. Our current Fee Schedule is posted on our website. 
  • All fees are subject to change.  Additional fees may be added at our sole discretion, particularly when we add new services, but we reserve the right to modify our fee structure in any manner without any prior notice to you.  
  • You understand that Services may not be provided or scheduled consultations cancelled if you do not pay for the services. 
  • Fees to patient users are charged in advance. Patient users may pay for in-person wellness and lifestyle consultations in advance of the appointment if they so select to do so. The patient user must pay for telephone or video consultations with the wellness and lifestyle care provider in advance. 
  • Company may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy.

 

Payment Processing

  • Samepath offers the ability to process payments through the Services (“Payment Processing Services”). Payment Processing Services are provided by our third party payment processing partners as Third Party Offerings and any procurement by you or your Affiliates will be subject to a separate merchant agreement which will be solely between you (or your Affiliate) and the third party processor. If you use Payment Processing Services you agree that you and your Affiliates will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using such Payment Processing Services.
  1. Customers pay before ending the reservation. They will see a payment option. After they receive the confirmation email about successful payment and reservation.

 

Patient Refund Requests

 

  • Reservation has to be canceled as a minimum 48 hours before appointment to receive your money back. The therapist has a right to cancel the appointment also 48 hours before the session starts. In all situations when the therapist cancels your appointment, you will receive all your money back. If it is less than 48 hours before the appointment you can get a discount from the therapist for the next session from him. Everytime it is the competence of the therapist, who has a right to use/not use discount code and its value. Just write to the note the discount code that you received from him. Customer has no right for a discount everytime and everytime depending on the therapist.
  • Patient users may request a refund. Upon our receipt of a request for a refund Company shall contact the related Mental Health care provider who will have five (5) days to file a written dispute with Company, which may take the form of a responsive email. 
  • Company shall review the refund request and the Mental Health Care Provider’s response, if one is filed with us, and shall make a decision about the refund. Should our decision be disputed by either party, the related parties are then free to seek redress in a suitable court of law. 
  • In the event of such a dispute, all users agree to hold Company harmless and indemnify Company from any related claims, losses, judgments, findings, and awards. Company is not a party to any legal dispute between patient users and Lifestyle and Wellness Care Providers.
  • In case the specialist already booked the time slot with anyone else (canceling your appointment after the payment). You will receive your money back as soon it is possible, within 10 working days at the latest.  

Your Personal Data Rights

  • How we use your data and your data privacy rights are covered under our Privacy Policy samepath.org and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. 
  • Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.

No Endorsement

 

  • Company does not endorse Users and takes no responsibility for any work performed by wellness and lifestyle Providers.

Your Account 

 

  • If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. 
  • You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account.
  • Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 
  • We do not promise that our site, or any of our products, services, tools or functions will be available 24/7 hours a day.  Sometimes our site or functions may be unavailable due to scheduled or unscheduled repairs or other issues that may be outside of our control. You agree to waive any losses that you incur due to any such service outage. 

 

Membership

 

  • Your membership requires you to submit your valid email address as well as your valid physical address and phone number, as well as your true and correct name. You will be solely responsible for maintaining the security of your user ID and password. Should you decide to purchase any product or service from us, you must be legally eligible to enter into a binding contract, be of at least 18 years of age, submit only true, complete and accurate personally identifiable information to us, keep such information updated and maintain the accuracy of such information. 
  • We may, at our sole discretion, limit some areas of the site, as well as certain designated tools, services and functions, to members and maintain them as “off limits” to members of the general public.  
  • Your membership is your express agreement that you agree to receive marketing email from us from time to time that will contain information and offers from third parties. You will be provided an opt-out function regarding such email communications. Note that we must always have the ability to email you regarding standard business issues regarding the administration of our site and business, and you may not opt-out of such non-marketing related business email communications. 
  • Memberships are not transferable and may not be sold, exchanged, transferred or given away.  Your membership is subject to our guidelines, policies and rules as stated on our site and each of the same are hereby incorporated by reference into these Terms as if they were fully set forth herein.

 

Third Party Services and Links

 

  • Our site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and Company is not responsible for the contents of any Linked Site. 
  • All Mental Health services made available via our site are delivered by third party businesses and organizations. 
  • By using any product, service or functionality originating from the Company domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Company site users and customers. 

User Code of Conduct

 

In using the Website, you must behave in a civil and respectful manner at all times. 

By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:

 

  • User Content that is unlawful, defamatory, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
  • Content that may violate any applicable Federal, Local, or International law or regulation;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • User Content that contains any private or personal information of a third party without such third party’s consent;
  • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Company or others to any harm or liability of any type.

 

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. 

We do not and cannot authenticate reviews. We do not edit or correct content. We are not responsible for any information that you take from the reviews. 




Prescription Policy

 

  • Company is not a drug fulfillment system. 
  • Company does not facilitate or take part in the distribution of pharmaceuticals. 
  • In the event that a Provider does prescribe a medication, he/she will limit the supply based on state or federal regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. 
  • Company does not guarantee that a prescription will be written or that any prescription written by a participating wellness and lifestyle provider is appropriate for you or free of defects or risk of harm. 
  • You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. 
  • You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
  • Company is not responsible for any prescription and usage of recommended drugs from the provider by you, the user. 

Electronic Communications 

 

  • You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the samepath.org, satisfy any legal requirement that such communications be in writing.

 

Fraud Prevention and Security

 

  • Company may contact you by telephone, mail or email to verify your Account information. 
  • Company may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. 
  • If you do not provide this information in the manner requested within 14 days of the request, Company reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to Company as requested.

 

Termination and Restriction 

Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. 




 

Content Rights and Licenses

 

  • The Sites, and all Content other than User Content available on the Sites or used to create and operate the Sites, is and remains the property of Company, and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. 
  • All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. 
  • By posting or distributing Content to or through the Sites, each User grants to Company, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. 
  • Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites. Such license is subject to these Terms of Use, and specifically conditioned upon the following:
  • Users may only view, copy, and print such portions of the Content for their own personal use;
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  • Users may not use the Sites or Content other than for their intended purposes.

 

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. 

Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Intellectual Property

  • Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. 



THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY. 

Assumption of Risk

 

  • You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. 
  • You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.

 

International Users 

 

  • You agree that you will not use the Company Content accessed through or via any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Disclaimer of Warranties

 

  • You understand and agree that your use of the Websites is at your sole risk. 
  • The Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

 

  • To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade.
  • The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services.
  • You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
  • Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
  • We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.

 

Limitation of Liability

 

  • To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

 

Indemnification

 

  • To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to 
  1. Any use or misuse of the Sites or Content by you or any third party you authorize to access or use such Sites or Content, 
  2. Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, 
  3. Any Feedback you provide, 
  4. Your violation of these terms, and your violation of the rights of another. 
  • You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). 
  • You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.

 

Arbitration

  • By using this website, you agree that any dispute arising out of these terms and conditions and your use of the website, shall first be subject to binding arbitration. Arbitration shall take place at a location convenient to both parties under the laws of Prague, Czech Praha, Czech Republic. 

 

Changes to Terms

 

  • Company reserves the right, in its sole discretion, to change the Terms under which our site is offered. The most current version of the Terms will supersede all previous versions. 
  • Company encourages you to periodically review the Terms to stay informed of our updates. 
  • Your usage of the site post any published change in these Terms is your express agreement with Company that you will be bound by each term and condition of the modified Terms.

 

Entire Agreement

 

  • These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, and Content. 

 

Severability 

 

  • If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. 

 

No Waiver 

 

  • No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

 

Governing Law and Venue – Czech Republic

 

Any Dispute between the parties that is not subject to arbitration, shall be resolved in the courts of the Prague, Czech Praha, Czech Republic.

[Company Name]

[Address]

Email: