Terms and Conditions of Use
Last Updated: October 10, 2019
The following terms and conditions constitute an agreement between you and NDC Medicine. (“NDC Medicine",” “we,” or “us”), the operator of ndcmedicine.com (the “Site” or "Website"). BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO ALL TERMS, CONDITIONS, AND RULES STATED IN THESE TERMS
NDC Medicine, Physicians using NDC Medicine to provide online service (collectively “NDC Medicine Users” or "Users"), Affiliates and Third-party providers (collectively “Affiliates”) would serve you to the best our ability under the following terms and conditions.
The contents of the Site, including text, graphics, images, videos, information obtained from third party resources and other material on the Site ("Contents" or "Materials") are offered for informational and educational purposes only. The Contents are not intended to be a substitute for your professional judgment or discretion or for the professional judgment of a health care professional in diagnosing and treating patients. NDC Medicine is a service for diagnostic recommendations, NDC Medicine may offer to connect the doctor to high level medical centers to check the diagnostic suggestions. However, the only person allowed to check the diagnostic suggestion is the doctor presenting the case itself, it is on his responsibility.
PERSONS ACCESSING THIS INFORMATION ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION AND AGREE THAT THE SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE INFORMATION.
We ONLY recommend diagnostic suggestions to test based on our collective intelligence selection process. We also may recommend highly specialised medical centers for checking the diagnostic suggestions
We do not recommend or endorse any specific drugs, tests, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Site.
Your reliance upon the information and materials obtained or used by you is solely at your own discretion and your own risk.
Visiting NDC Medicine or sending emails to NDC Medicine constitutes 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 Site, satisfy any legal requirement that such communications be in writing.
Registration and Use of Password
We require each user to have a unique user name and password combination to access and use certain features or functions of the Site. As part of the registration process for the feature or function, you will choose a user name and password. Your user name and password are personal to you and you may not allow any others person(s) to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
Conditions of Use and Terms
In order to register to NDC medicine website in the case of a;
- Full access users/subscriber: you must be an accredited, trained, experienced and licensed M.D. (Medical Doctor) or similar applicable recognized professional certification based on their state and/or jurisdiction, registered participant of NDC Medicine and a practicing physician in the country where you are currently living
- Restricted access users/subscriber: this includes but is not limited to users who have a valid Medical Doctor Diploma (M.D) but are not yet registered physicians in their state of residence or jurisdiction residence (interns, or doctors in the middle of a relocation process for example). These users are allowed to view, diagnose cases and participate in diagnostic case discussions but are not allowed to post patient’s cases on the website. NDC medicine will delete any post from restricted user if found guilty of violation of terms of restricted user posting in the website.
If your address changes or any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
You must provide NDC Medicine with the following: (i) Your name; (ii) Your mailing address (i.e., so we can mail you any accrued payments and for connectivity purposes); (iii) valid confirmation of (a) & (c), (iv) jurisdictions of licensure; and (v) other confirmatory demographics. By submitting that information to NDC Medicine, You hereby certify all assertions made under this Section and agree that you authorize NDC Medicine to confirm the veracity of such information.
NDC Medicine user who is presenting their patient's case must obtain their permission, with the condition of keeping their anonymity, to agree to the publication of the diagnostic data of their disease. NDC Medicine user presenting a case has a responsibility to be active in his case discussion i.e. answering other physicians’ questions in the Q&A stage without giving away the patients identifying details and endangering medical confidentiality. He must also publish the final confirmed accurate diagnosis in his case thereby informing all doctors who participated in the discussion. In the case of no final confirmed diagnosis resolution found after trying all possible methods, the presenting doctor must update NDC Medicine of the outcome of its patient.
NDC Medicine grants you a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with our Legal Terms. Your use of our Service is solely for your personal and non-commercial purposes, unless otherwise provided in our Legal Terms.
Our Relationship to You
NDC Medicine is strictly a venue and does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and NDC Medicine or our affiliates.
Scope of Services
NDC Medicine (the owners and the employee staff of the Site) and third-party professionals who offer services through the Site accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of the Site.
NDC Medicine is an international network of doctors helping each other reach an accurate diagnosis for their patients, quickly and efficiently. It is an online platform for doctors having trouble accurately diagnosing a patient. It also serves to connect community health care with expert facilities specializing in exclusive medical fields thereby assisting in shortening the diagnostic process.
NDC Medicine helps diagnose complex medical cases, where registered doctors present medical information (such as: tests pictures X-rays etc.) without revealing identifying details of the patient to not endanger medical confidentiality. Its method relies on direct identification of an illness by another NDC Medicine user.
The Site allows physicians to present patients with unusual symptoms, discuss the case with NDC Medicine peers, receive or give diagnostic assumptions, and check the best diagnostic assumptions in an expert medical center.
NDC Medicine makes no warranty that the Services - will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by NDC Medicine employees. NDC Medicine is not responsible for transmission errors, corruption of data.
About NDC Medicine Medical doctor (MD) User.
Users of NDC Medicine’s includes professional doctors globally, also from medical institutions around the globe. M.D. may apply to be a user and participate in the site activity.
To become an NDC Medicine user on the site, you have to complete all the registration process and be a medical school graduate with a valid M.D. diploma.
YOUR RIGHT TO USE THE SERVICES OF NDC MEDICINE IS NOT TRANSERABLE.
The service is not intended to be real-time and may not be the best solution FOR CRITICAL HEALTH SITUATIONS REQUIRING PROMPT MEDICAL ATTENTION. The service is not intended to be real-time and may not be the best solution when a face-to-face consult is a must. The User takes full responsibility for ensuring that the information submitted is accurate. NDC Medicine shall make no effort to validate any information provided by the registered physician for use in Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed.
Independence of NDC Medicine user
The opinions, statements, answers provided by the NDC Medicine user via NDC Medicine (collectively “Consultation”) are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of NDC Medicine, its affiliates or any other organizations or institutions to which such NDC Medicine user is affiliated or provides services.
NDC Medicine promote connections with certain expert medical center that can help.
We ONLY recommend diagnostic suggestions to test based ONLY on our collective intelligence selection process, we also recommend highly specialised medical centers for checking the diagnostic suggestions
The inclusion of professionals and specialists on NDC Medicine or in any professional directory on NDC Medicine does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.
International members acknowledge and agree that NDC Medicine may collect and use your information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. By providing us with your information, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction. If you do not consent to such transfer, you may not use our content or services.
Creating a Profile
Our Service allows you to create a profile in order to gain insights and additional information about possible diagnoses.
Our service allows Medical Doctors (M.D.) to register as NDC Medicine users. After registration with full name, a doctor may decide to use a nickname on the site and keeping his anonymity from other NDC Medicine physicians.
NDC Medicine may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your NDC Medicine record. Additionally, NDC Medicine makes available self-care informational services that provide general, medical and health information.
- These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by NDC Medicine.
- The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by NDC Medicine. NDC Medicine makes no warranty with respect to the content of these materials or the information contained therein.
Consent for NDC Medicine Services for NDC Medicine users presenting A Case
The doctor presenting the case must be the patient's personal doctor, and must receive consent from the patient to publish such medical case on the website. The doctors helping to diagnose it are doctors from different medical specialties worldwide who might recognize the right diagnosis based on the presented information about the patient and their medical situation. Other Users have access to the patient's medical history and information only as presented by his M.D. If the presenting doctor does not post its patient information then other NDC Medicine users will not have access to it.
Protection of Proprietary Information
You agree that the Services, which include all software and information, both electronic and printed media, contain copyrighted material, trade secrets, patent related material and other proprietary intellectual property and are the proprietary property of NDC Medicine. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You will not otherwise attempt to transfer any right in the Services (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will lead to prosecution under Israel and international Laws. Physicians can make use of the information discussed on the Website with NDC Medicine consent and making acknowledgement to it.
With the exception of medical records of presented patient's, NDC Medicine retains all rights, titles and interests pertaining to NDC Medicine, the Services and any content, products, documentation, software or other materials on the Site along with any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing.
All content and resources of NDC Medicine website must not be used to impersonate another person or misrepresent authorization to act on behalf of others or NDC Medicine. All messages transmitted via NDC Medicine should correctly identify the sender (either personal identifiable name or an anonymous username) for easy identification and cataloguing. The User should never alter the attribution of origin in electronic mail messages or while posting any information, except in the case of anonymous username. To use an anonymous username, it is necessary you grant written permission in the registration process to do so.
NDC Medicine has zero-tolerance for unsolicited bulk email, unsolicited posting, marketing gimmicks/spam/scams in community resources, or other illegal activities. The User shall not infringe upon the rights of others, spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any site or network, infringe copyrights, trademarks, or other intellectual property rights. The User further agrees to comply with international export laws concerning the transmission of technical data and other regulated materials via the World Wide Web.
The User agrees to indemnify and hold NDC Medicine harmless for any and all acts found or suspected to be in violation hereof. The User’s account will be terminated for any of the above infractions.
The User shall not attempt to undermine the security or integrity of computing systems or networks of NDC Medicine, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. NDC Medicine reserves the right to terminate any account which doesn’t follow our Terms and Conditions.
All fees for Licensed Physician are to be paid upfront before availing any services on the website.
The payment can be done in two ways:
The use of NDC Medicine points and by electronic payment. After posting the case, the doctors on the NDC Medicine platform can participate in the case discussion thereby competing for a prize of points. The doctor can use exiting points accumulated in his account for some of the website activities. In case there are not enough points in the doctor's profile they can be purchased by electronic payment.
NDC Medicine Points
Points are for entertainment purposes only. Points give you no specific legal rights and have no immediate cash value. If your account with our Service is terminated, you lose whatever Points you have accumulated. We reserve the right to allow you to use your Points in redemption of prizes or even for payment in use of our Service, solely at our discretion. If we allow such redemption, you can only redeem what Points you accumulated and once redeemed, such redeemed Points are not eligible for future redemptions.
If any payments during your activity on the Site will be needed, you agree, understand and confirm that the credit card details provided by you for availing services of NDC Medicine will be correct and accurate. You confirm that you shall not use credit cards that are not lawfully owned by you.
Other than to carry out the payment transaction, your payment information will not be utilized and shared by www.ndcmedicine.com or any of the third parties unless required by law, regulation or court order. The said information will not be kept longer than necessary for providing the services.
NDC Medicine cannot assist with a stop payment request for any payment scheduled using a Payment Account credit/debit card. In any such case, you must immediately and directly contact your credit/debit card company/bank.
Suspension due to non-compliance with Agreement
NDC Medicine will make all possible efforts to provide you the best services. However, NDC Medicine shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances:
- If you have not provided accurate details needed for the registration process.
- If you haven’t provided accurate payment account information, or in case the transaction for payment doesn’t go through with your bank due to (including but not limited) insufficient funds, fraudulent access, failure of processing the request by our Affiliate merchants or your bank.
- If circumstances beyond the control of NDC Medicine (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction.
- If you systematically don't respond to requests sent by the participating doctors for more information that is needed to make a consultation in your discussion, or if you don’t publish the final confirmed medical diagnosis of the discussed patient. We would intimate you the needful via email and/or as a message in your NDC Medicine account.
- If the user is in breach of any of the Terms and Conditions of this Agreement and/or the Terms and conditions of the usage of NDC Medicine.
Your Use of the Site
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- No mailing, posting, uploading of identifying patient details is allowed due to medical confidentiality reasons.
- Identifying details should be erased from photos or videos uploaded to the site and discreet even in private communications such as private massages.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others without their consent.
- Violate any applicable laws or regulations.
NDC Medicine has no obligation to monitor the Communication Services. However, NDC Medicine reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you. NDC Medicine reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
NDC Medicine reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NDC Medicine sole discretion.
There is a severe prohibition about giving out any personally identifying information about your patients in any Communication Service including private messaging between two NDC Medicine members. NDC Medicine does not control or endorse the content, messages or information found in any Communication Service and, therefore, NDC Medicine specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under NDC Medicine’s control, and you acknowledge that NDC Medicine is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by NDC Medicine or any association with its operators. You further acknowledge and agree that NDC Medicine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You acknowledge that your use of the NDC Medicine Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on NDC Medicine is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on NDC Medicine. All information, products or services contained on or provided through this website are provided "as is", without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. NDC Medicine and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.
Without limiting the foregoing, NDC Medicine and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the NDC Medicine products and services provided hereunder. NDC Medicine makes no representations or warranties about the satisfaction of government regulations.
NDC Medicine will take all necessary precautions to protect itself against failure of our hardware and our software. The User acknowledges and agrees that temporary interruptions in service may occur, and that NDC Medicine shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. NDC Medicine makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The User acknowledges and agrees that in the event of failure, restoration of service may take several days.
Indemnification and Limitation of Liability.
The User shall defend, indemnify, save and hold NDC Medicine, its affiliates harmless from all demands, liabilities, claims and expenses, including attorney's fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided.
Under no circumstances, including negligence, shall NDC Medicine including (its Affiliates) or anyone else involved in creating, producing or distributing NDC Medicine Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use NDC Medicine Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to NDC Medicine records, programs or services. This paragraph shall apply to all content and functionality of NDC Medicine Services.
In no event shall NDC Medicine nor any of its affiliates be liable for any direct damages in in the services. In addition, to the maximum extent permitted by law, in no event shall NDC Medicine nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of NDC Medicine is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the law of Israel and international law without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Israel and international law in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Modification and Notice
You agree that NDC Medicine reserve all rights to correct, change, amend, and make addition or subtraction and some other modification to any part of the conditions as mentioned above of use at any time at our sole discretion.
We may send you a notification about these changes, but we, therefore, implore you to periodically look forward to a possible update to the terms of Service and ensure to read, understand and review them before continuing access to the Service of the platform.
These Terms and conditions of Use represent the complete agreement between you and NDC Medicine concerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter.