VITHOULKAS COMPASS TERMS OF SERVICE (ToS)

Service description

Vithoulkas Compass is the trade name of the Service provided by CHOES Ltd.

Vithoulkas Compass (“VC”) is a latest generation online, web based, expert system designed to effectively support practitioners of classical homeopathy in deciding which remedy to prescribe to their patients.

The expert system emulates the thinking process of a master homeopath using state of the art software and the experience of Prof. George Vithoulkas.

Use of VC is intended for people who have at least basic knowledge of the principles of classical homeopathic practice.

User Account

In order to use the VC Service, the User must create and log in with an account. Opening an Account requires the User to go through a registration process by providing complete and accurate information. This information will be used to identify the person as a User of the Service. Following, the User will be able to connect using his username and password and fully utilize VC.

The User is entirely responsible for maintaining the privacy of his/her account details and is entirely responsible for any activity occurs under the User's Account. The User may not share the User’s account. The User agrees that VC shall not be liable for any loss resulting from the unauthorized use of the User's Account either with or without the User's knowledge.

The Service supports only one (1) logged on session per username. Any attempt to share and/or access the Service with the same username from more than one session violates the Terms of Service, and may result in loss of data.

Respectively VC reserves the right to deny registration and use of the Service at its sole discretion.

Service Availability

VC guarantees 99.7% Service Availability, reducing the Downtime at 0.3%. “Downtime” means the total minutes in a month during which the Service is unavailable, excluding any Scheduled (for maintenance and upgrades) Downtime and unavailability of the Service due to a) factors outside VC’s control b) factors relating to User’s services, hardware or software c) User’s failure to follow any required configurations, use supported platforms, and follow any policies for acceptable use d) the result of any unauthorized action by any third party.

Data Protection

Vithoulkascompass.com uses state of the art encryption methods to both transfer (SSL-Secure sockets Layers) and store the User’s data, which are also backed-up, securely stored and password-protected. All of the User’s data are stored anonymously.

VC has taken the utmost precautions to ensure the availability and integrity of the Service. VC employs secure (encrypted) connections and is hosted in military grade server facilities. In addition, VC has effected an independently operated data security and availability feature in the extreme scenario that VC’s operations are suspended. VC has contracted with the Law firm “Katsikis – Kalamatianou & Co” (hence kklegal - www.kklegal.eu) who will act as data dissemination officers in the unlikely event of VC suspending its activities without being able to provide the User with backup of the User’s stored data. A copy of the User’s data is (in encrypted form) stored in hard disk drives which in the unlikely event of VC’s service’s unavailability will be handed over to “kklegal” who in turn will be providing the User, upon request, a copy of User’s data following identification and verification as prescribed by law. This added security feature safeguards the User’s data in unforeseen situations.

VC will keep case data for 1 year after a user’s account is inactive, and it will be available to the user upon request.

Free trial account data remain in the system, 15 days after the free trial expiration date.

Patient data are stored anonymously.

VC does not store any identifying information for patients. By accepting the terms of this agreement, the user agrees not to store or add data that may lead to any identification of the patient. In the most unlikely event of data theft from the system, full responsibility of any identifying information for patients lies with the user.

Pricing

The VC Service is a subscription based service.

The VC subscription provides access to the service for a specific time period and includes usage credits to cover an average use of the system at no extra cost.

Users requiring more access to the expert system will need to purchase usage credits for the expert system functions (solving cases and performing differential and specific remedy analysis).

A subscription makes the full VC application accessible to the user with the only limit being 150 remedy lookups/day in the repertory.

1 usage credit = 1 solve or 1 differential analysis or 1 specific remedy analysis operation.

In the unlikely case where the expert system does not provide any results, no credits are consumed.

When a subscription ends, the user is still able to log in his/her account and can access all case data, export cases and remedy notes and backup all previous work (cases, remedy notes) for another 3 months. Repertory and the GV handouts section of the Materia Medica, send/receive case functionality along with all case creation and editing are however disabled.

VC will keep user data for 1 year after the end of the last subscription purchased at no cost. At any point during this period the user can renew his/her subscription and continue working normally without any loss of data whatsoever.

All usage credits expire 1,5 years (18 months) after they have been activated in the account or 6 months after the end of the last subscription.

If the user extends his/her subscription within 6 months of expiration, all unused credits are transferred into his/her new subscription.

Current pricing of the Service and any applicable offers available can be found in https://www.vithoulkascompass.com/en/Homeopathy/Pricing. VC reserves its right to amend the pricing or use promotional offers at any time without amending existing subscriptions.

Special pricing applies for developing countries. VC confirms country of residence/practice by geo-location and information submitted by the user. In case of ambiguity, VC may require further proof of place of practice by additional documentation.

Cancelling the VC Subscription

By law, customers in the European Union have a minimum 14-day cooling-off period beginning from the day you received the confirmation e-mail for registration with the Service (i.e. this signifies the completion of a binding agreement) during which you can cancel the subscription to the Service for any reason. We have extended this cooling off period (right to Rescind) to all customers regardless of their location. Cancelling your subscription will result into a refund to your original payment method that will show on your credit or debit card statement within 2 to 6 business days (depending on the processing time of our Banks’ clearing service). Please note, this does not include your bank's processing time. If your domicile is outside the EU then the refund will be for the net value of the Service. We won't refund the payment service costs, relating to your subscription purchase unless you cancel your subscription because of an error attributable to the Service.

If you want to cancel your policy after the cooling-off period then a 50% cancellation fee applies.

Cancelling takes effect at the end of the subscription month in which it was made. Post cancellation, the Service shall remain active until the end of the subscription month. At the end of the subscription month the subscription enters a one year grace period during which the User will not be able to create any new cases but can only retrieve any stored data in the Users’ account allowing for printouts or backup. After the one year grace period the Service is entirely disabled. Any request for stored data thereafter should be made to the Administrator of the Service.

Feedback

VC provides the User with the opportunity to submit comments, suggestions or other feedback regarding his/her experience. The User agrees that VC has the right to use any feedback provided for any purpose including the right to implement them in any way, without charge. The User agrees and hereby assigns to VC all and any rights, title and interests to such enhancements proposed by his/her feedback and all property rights therein including without limitation, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. The User acknowledges that the data submitted in the VC database can be used by VC for the purposes of analysis and improvement of the Application as well as for other research purposes always maintaining absolute anonymity of all those involved.

Restrictions of Use

Data and Trademarks in VC Service are owned by Choes Ltd.

The User agrees not to use the Service for bulk printing or downloading data contained or otherwise save, copy, download or transmit any part of the VC database or work around any limitations in the Use of the Service.

The User is responsible for adhering to all applicable laws of his/ her domicile.

If you have questions about the restrictions of the use of the Service, please contact us at info@vithoulkascompass.com

Abuse of Service

Except as provided by law to the contrary, the User may not, reverse engineer, disassemble, or decompile the VC Service, its database or any portion thereof. The VC Site and its Database are the property of VC (or its licensors, as applicable) and are protected by International copyright laws. While VC makes all or part of the Database available to the User, VC (or its licensors, as applicable) retains all copyright and related proprietary rights of the Database as such.

Should VC consider (at its sole discretion) that the User is abusing the Service – meaning infringing the law or its proprietary rights - VC reserves the right, without notice, to suspend the User’s account and terminate access to the Service.

Personal Information/ Confidentiality

VC treats the privacy of its Users with highest attention and respect, and will not share the User's data with others for marketing or promotional purposes.

The User expressly provides his/her consent to the processing of his/her personal information and, in particular, the registration and storage in an Archive of the personal, and other information that he/she provides to VC, as well as the information regarding the transactions conducted through VC.

Notwithstanding the above, VC may transmit to the competent authorities, in accordance to the law, the necessary information or what is required by them..

VC or any of its affiliates may invoke User's data before Court or other Authority in order to defend any open case arising out of this agreement and the use of the Database. The dissemination of the aforementioned information and data is not prohibited under VC's confidentiality obligation. VC shall not be liable for any dissemination of the User's data even if these are incorrect and even if the transmission takes place with the VC's initiative, unless it is caused by fraud or gross negligence of VC or its employees.

The User hereby expressly consents to be informed by VC and/or its affiliates for the services provided by it with leaflets, phone calls, e-mails etc.

The User undertakes that he/she shall not enter data that could be used to identify individuals receiving treatment (such as name, address, known alias etc).

Term, termination and amendments to this Agreement

The Term of this Agreement starts on the date that the User accepts this Agreement until it is terminated, as described below.

The User may terminate this Agreement by sending a cancellation request and ceasing to use the Service. If the User is dissatisfied with the services, the User’s sole and exclusive remedy is to cancel his/ her subscription thus terminating the Agreement.

VC may terminate this Agreement, or may terminate or suspend the User’s right to use the VC Service, without notice, in the event that the User is considered to be or is actually in breach of any of the terms of this Agreement.

VC reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time, by posting a revised version, or by otherwise making such revised terms available for review to the User. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available to the User as described above. The User's continued use of the VC Database after such posting or availability is construed as the User's consent to the revision.

Warranties

VC Service is designed as a thorough reference service of classic homeopathic formulations. Extensive research of the available references has been conducted and information shall be constantly updated. The Service is designed to provide general information about homeopathic formulations and their usefulness in dealing with specific indications based on general hypothetical questions. The VC Service information is based on homeopathic manuals and published studies taking them at face value. Consequently, VC does not accept any liability: a) for any inaccuracies, omissions or errors of the information contained in the database b) for different evaluations by the Users who process the information. The VC Service aims at being the most reliable classic homeopathy reference database in the world. The Users of the Service use both the Service and the information provided as an indicative supplement to their knowledge of homeopathic formulations.

The User warrants and represents that any and all information that the User provides to VC in signing up for the Service, is truthful, accurate, and in compliance with the terms of this Agreement. If the User does not agree to these Terms of Service then the User should not use or access the Service.

The User represents, covenants and warrants that: 1) The use of the Service complies with all applicable laws and regulations in the User's region, 2) The use of the Service does not infringe, misappropriate or otherwise violate any patient's right and that all care has been taken by the User to prevent such a violation, 3) The User, even though shall not enter any data that can identify the patient, does have the patient's express consent to publish these data in the VC Database. VC intentionally does not supply data fields that can lead to the individual patients' identification and the User commits that he/she shall not use other fields to insert such data.

By using the Service, the User affirms that the he/she is such a qualified person and that the use of the Service does not infringe or may result in the infringement of any law of the User’s country.

Limitation of Liability

In no event will VC, its affiliates or subcontractors or any other entity associated with it, be liable to the User or any third party for any special, indirect, incidental, exemplary, consequential damages or penalties (including, without limitation, for loss of profit or inability to access the VC database) arising hereunder or in connection herewith. In no event shall VC's total aggregate liability for any damages (direct or otherwise) or penalties or loss to the User or any third party, regardless of the form of action or claim, whether in contract, tort or otherwise, exceed the total amount of three hundred euros or the subscription period rate of the User, whichever higher

Complaints - Dispute Resolution

VC aims to resolve User complaints and disputes quickly and fairly. VC employs an informal dispute resolution process aiming to resolve disputes informally within 60 days. If the User has a complaint or dispute regarding the VC Service he/she should fill in the Complaint Notice Form and send it to VC by registered mail. Although the Service is provided in several languages, the working language of the Service is English and therefore all communications between the User and the Service must be in English.

Download the Complaint Notice Form.

The User should allow 60 days to resolve the dispute informally before proceeding to any other action under either Statute or this Agreement. VC customer service agents will contact the User and try to resolve the dispute. Any complaint must be brought to VC customer service attention within 10 days as of the incident; otherwise the User forfeits his/her right to the claim.

Authority

The full responsibility for prescribing a substance lies with the User. The User understands that the homeopathic substances suggested by the Service might not always reflect the optimum or correct choice and he/she shall thus exercise his/her knowledge and experience when prescribing a substance.

Applicable Law and Venue

The Laws of the Hellenic Republic govern this Agreement and apply to claims for breach of it, regardless of any conflict of laws principles. Both the User and VC irrevocably consent to the exclusive jurisdiction of the appropriate venue of the city of Athens for all disputes arising out of or relating to this Agreement.