The Service provides individuals accessing it with general information and advice onhealthcare and other general content pertaining to health and wellness topics (“Content”)and access to wellness professionals (the “Practitioners”). The Service contains certainpages, sections, services, and content that are only available to registered members of theAyara services, including a means to obtain video-chat or electronic messaging for a range ofinformation and advice issues by facilitating the connection between you and Practitionersthrough use of the Service.
We would like to remind you that:
● We provide health and medical advice, information and education via messaging, videoand audio consultations by a qualified healthcare practitioner professional.
● We provide access to remote, out-of- hours, in addition to instant access to midwivesforadvice, information educational wellness.
● If you think you have a medical emergency, you should call your doctor or theemergency services immediately. Any decisions you make affecting your health shouldalways be made in consultation with a midwife, nurse or a doctor, and not on the basisof ourdigital healthcare tools and services.
● Message Boards, Chat Rooms and Posting Guidelines are for informational purposesonlyand does not provide medical advice.
● Some conditions are not suitable for remote advice and we recommend that you callyour midwife, nurse or a doctor.
● We need certain information (picture and data) from you in order to provide services
● We don't take responsibility for laws applying to Ayara outside of Brazil governingaccess to our services. Some of our services are specifically designed for use in the Brazil andif you use them elsewhere you should check in your country or region that itis appropriateand lawful for you to do so.
● The Ayara service is not suitable for managing medical emergencies or clinicalassessment that will require a physical examination.
● The Ayara service is not suitable for unrestricted use by persons under 18.
● The Ayara service does not replace face- to -face medical assessment. It is not a clinical assessment as telemedicine.
1. OUR SERVICES
What our services cover, and what you need to check yourself when you use ourservices. Ayara’s practitioners can be appropriately qualified obstetrics nurses/midwiferegistered with the Nurse Midwifery Council (private midwife) in UK and Federal NursingCouncil in BrazilIf you chose to have a service (information, advice and wellness education) from ahealthcare practitioner not register in UK, we cannot take responsibility for any rulesapplying from UK law and regulation. It’s your entire responsibility and choice. It’s notresponsibility of the healthcare practitioner register outside of UK for your choice.
1.1. Message boards, chat rooms and posting guidelines
Ayara hosts message boards, chats and other public forums on its Sites and throughthe Social media. Message boards, chats and other public forums are intended to serve asdiscussion centers for users and subscribers of the Sites. These are public forums and anyinformation that you post on the Sites or through the Services may be seen by anyone ontheinternet Any user will have the ability to edit their own posts after posting. When postinginformation inside the platform or through the Services, use good taste when discussingsensitive topics. Both users and moderators are required to treat others with respect andhonesty. Be fair and informative. Post honest and valuable information and don't postrumors or negative opinions that are not supported by facts. Unless the information in yourpost arises directly from your personal experience, references to any health-related ormedical information you provide must be included in your post.
1.2. Terms & Conditions – PractitionersThe Practitioners
Who deliver services through Ayara’s service are independentprofessionals practicing within a group of independently owned professional practices. Wedo not interfere with the practice of medicine or any other licensed profession by Practitioners, each of whom is responsible for his or her services and compliance with therequirements applicable to his or her profession and license. Neither Ayara nor any thirdparties who promote the Services or provide you with a link to the Services shall be liable forany professional advice you obtain from a Practitioner via the Services.
1.3. We would like to remind you
Some medical conditions are not suitable for remote advice, educational wellnessand information consultations via our Services, and you should always seek advice from amedical practitioner in person if you are unsure about whether you have been able toexplain or communicate your medical needs through our Services, or if you have anyconcerns about the advice you receive from us or if it is different from other advice you havereceived. We strongly encourage and it’s your responsibility to discuss with your GP,midwifeor usual medical practitioner from your country. All services are currently only provided inEnglish and Portuguese.You should not use our services in an emergency, or if you have a condition that you knowwill require a physical examination.If you use the advice/ education, information of our private services, we strongly encourageyou to discuss any information you receive from us with your GP, midwife or usual medicalpractitioner from your country.We provide our Services using reasonable skill and care from appropriately qualified,and experienced, staff and Practitioners. If you think that our services have not met thisstandard, please contact us as soon as possible. We will fix or re-perform, without charge,any services we agree do not meet this standard.Practitioners may be Midwives or Obstetric nurses registered with the Nurse MidwiferyCouncil in UK and Federal Nursing Council in Brazil. Practitioners will not prescribe medicinesunless it is, in their judgement, in their patient'sbest interests.
2. REGULATION OF OUR SERVICES
Accessing our services outside the UK and Brazil.
● Our services are available to adults above 18 years old and to children.
● Our Services (video and/or audio appointments with our Practitioners) areinformation,advice and educational wellness.
● If you are accessing our services from outside the Brazil, you should check whether it islawful to access our services in the territory where you are. We provide our services incompliance with UK and Brazil law and regulation and cannot take responsibility for anydifferences between those rules and any different rules applying to healthcare servicesanywhere else.
● If you chose to have a service (information, advice and wellness education) from ahealthcare practitioner not register in UK, we cannot take responsibility for any rulesapplying from UK law and regulation. It’s your entire responsibility and choice. It’s notresponsibility of the healthcare practitioner register outside of UK for your choice.
3. OTHER LIMITS ON OUR SERVICE
Other limitations and restrictions on the use of services
We do not guarantee the availability of any particular Practitioner at any particulartime. Wewill do what we can to arrange a in demand chatting with a Practitioner as soon aspossible, but do not guarantee to offer consultations within a particular time. Consultationsgenerally are limited to 20 minutes on demand durations with Practitioners and, if you usethe subscription Private Service, 90 minutes with practitioners or unlimited for Premiumservice.
● Practitioners may hold different clinical information, advice or educational wellnessopinions on the same medical condition or symptoms and, provided these opinions arereasonably held, the fact that two or more Practitioners give different opinions in the courseof service provision does not necessarily indicate that our services are defective.
● We do not tolerate abuse or offensive behavior towards Practitioners.
● Our services are designed to be accessed remotely by any of our customers and arenotdesigned for non-English and Portuguese speakers.
● We may need to ask you for certain personal information in order to provide ourservices. If you do not provide this information when requested, we may be unable toprovide our services.
4. ACCESSING OUR SERVICES -
How to access our services, and limitations and other terms concerning access
● Our services are accessed remotely using the internet, data networks and devices whichcan access the internet (“Infrastructure”- Flock – third part toll) and operate the App and ourWebsites. We make the App and our Websites available for access usingInfrastructure butare not responsible for Infrastructure ourselves. If you wish to use the services, you shouldensure you have an internet-enabled device and a sufficient internet connection available.
● Technical or security threats or issues affecting the Infrastructure may require us tosuspend our services in order to ensure they are secure and/or operating optimally.We willminimize these suspensions but are not responsible to refund charges or compensate you ifthey occur, unless they exceed 30 days in aggregate in any 12 month period, in which eventyou may cancel your agreement with us.
● When you use the App or send e-mails to us, you are communicating with uselectronically. We will communicate with you by e-mail or by posting notices, alerts,prompts, information fields or other information through the App as is necessary todeliverthe services to you.
● We operate anti-virus and malicious software prevention measures on the Websitesand our App, but we cannot guarantee that our services will always be virus-free. Youshouldensure that your devices used to access services are protected against viruses and malicioussoftware. You must not use or expose the App or the Websites to virus or malicious softwarecontamination.
● You must not attempt to gain unauthorised access to the services, App or Websites.Installation of the App on a device that has had its operating system compromised by theprocess of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and mayresult in thesecurity of your personal data being compromised.
5. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we use your information
We use your personal information in accordance with GDPR compliance.
6. LIMITATIONS ON SERVICE PROVISION
Sometimes, you will not be able to receive services – this section explains why
• We may not be able to provide our services if they are affected by events outsideourcontrol. We are not responsible to you if this happens, but if it does, we will notify you assoon as we can and take the steps that we reasonably can to minimise the interruption toour services.
• If there is the risk of a delay of more than 2 weeks to service performance, you maycancel your agreement with us (we may do the same).
7. OUR LIABILITY TO YOU
Because these terms are part of a binding legal agreement, we must compensate youfor loss you suffer if our service doesn't comply with these terms. However, we don'tcompensate you for all losses. This section isimportant as it explains those things.
● If we break any of these terms and you suffer loss or damage, we are responsible forcompensating you for that loss or damage if it was a foreseeable result of our breaking ofthese terms.
● We are not responsible for compensating you for loss or damage that is not aforeseeable result of breaking these terms. Nor will we be liable for indirect, incidental,special or consequential damages.
● Other than our Clinical Services, our software and services are provided on an ‘as is’basis without a warranty of any kind being provided by us.
● We are not responsible for compensating you for personal injury or death caused by ournegligence or that of our Practitioners or employees, and for defective products where weare legally responsible for their supply. Subject to doing this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid tous by you.
● If we provide digital content that is defective and damages a device or other digitalcontent belonging to you, and we have not used our reasonable skill and care, we willcompensate you or repair the device or content (at our election).
● We will not be liable for any loss or damage resulting from defective digital contentwhere you have failed to follow our usage instructions or advice in these terms.
● We supply the services for private personal use and we are not responsible for anylossesyou suffer arising out of the use of the services which are business losses.
● We design our services, the App and the Websites to keep your personal health datasecure and it is important that you follow the usage instructions and advice in these terms inorder to keep your data safe. We are not liable for loss or unauthorised accessto your datawhere it results from you not following these instructions and advice.
8. OTHER LIMITS ON OUR SERVICE
Other limitations and restrictions on the use of services
● We do not guarantee the availability of any particular Practitioner at any particulartime. We will do what we can to arrange a consultation with a Practitioner as soon aspossible, but do not guarantee to offer consultations within a particular time. Consultationsgenerally are limited to PCS minutes purchased with practitioners.
● We do not provide Clinical Services (video and/or audio appointments with ourPractitioners) as we do not need to pre-registration regulated by the Care QualityCommission in the UK for provide information, advice and educational wellness.
