User agreement
Service description
RADUGA-online is a trade name of Service provided by similia.pro website of Filin Co Creative Association. RADUGA-online is a web application designed for selection and prescription of homeopathic remedies to the patients. RADUGA-online is intended for people who have at least basic knowledge of the principles of classical homeopathy.
User account
The User needs to create an account to use the Service, using logon procedure and after specifying complete and accurate information about the User. This User information will be used for Service User identification.
Filin Co reserves the right to deny registration to any Service User, according to its sole discretion.
Maximum possible security feature is realized at website to protect from unauthorized use of the account by third parties; the protection level is higher than in many internet banking systems.
The User shall ensure that his login information is secure and will be completely liable in respect of all the actions taken under his user account.
Filin Co will not be liable for any losses or damage arising from unauthorized use of the account by third parties.
Share use of the account by the User together with third parties is forbidden. Any attempt to gain simultaneous access to the Service using one account from several working sessions shall be deemed as the breach hereof.
Service Access
Filin Cо guarantees anytime access of the User to the Service save in the following instances:
- factors uncontrollable by Filin Cо,
- inappropriate hardware or software of the User;
- breach of the Agreement by the User;
- unauthorized operations of the third parties.
Filin Cо reserves the right of scheduled disconnection of Service (for maintenance and upgrade) but for no more than for 15 hours within a month.
Privacy
The User agrees to storing and processing of User personal data provided to Filin Co, as well as of all other information relating to User actions taken through the use of Service.
Filin Cо shall not forward to third parties any personal information of the User and its patients under no circumstances except at the court’s decision with the aim of protection within the actions initiated in connection hereof.
Security
Filin Cо has taken all possible measures to assure safe storage and transfer of the User data.
All the personal information of the User and its patients is stored in encrypted form and could not be identified by third party even on the outside possibility that they had got access to the Service database. Archive of each User is encrypted by private key of high-grade encryption and reliability.
Data transfer between the server and client equipment is made through SSL secured connection SS.
Daily backup copies of archive shall be stored in a secure place, safe from access by unauthorized third parties.
Fees
Once User registers for our web site, User will have an account with 10$ bonus, which is enough fee for Service trial usage.
Our web site grants the following commercial services to the Users:
1. RADUGA Software Online Light Version
My Office page entry is free for registered Users. Pages Repertory, Materia Medica, as well as tabs Symptoms, Analysis and Prescriptions at the page Case are paid.
Withdrawal of cash at User account is made after entering any paid page of web site. From that point User is granted full access to all functions of the software for the specified time depending on tariff rate selected.
2. Storage of Photo-, Audio and Video Materials
User may store auxiliary photo-, audio and video materials in case records of its patients. 1 gigabyte of above materials is stored on the server at no cost, yet on the first date of each month specified amount is charged off the User’s account for storage of each of the following gigabytes (for the whole or part of it).
In the case of deficit at User’s account within 3 months, a written notice is forwarded to User email address and SMS notice is send to its mobile number. In three months from the notice forwarding in case of outstanding debt all User auxiliary materials (photo-, audio and video files) will be deleted from the server.
Filin Cо reserves the right to change billing rates or carrying advertising actions at any time. Above changes are not applied to the services already paid from the account.
Minimum recharge amount for User is 10 $.
Unemployed funds can be kept at the User’s account within a year after termination of last paid period of usage acc. to cl. 1 or after the last charge off for services acc. to cl. 2 and 3. During this time User may get the outstanding funds with the deduction of charges for payment systems services after deleting register entry. Refund is made by the same way as the initial form of payment. Upon expiry of 1 year the refund of outstanding funds shall not be made.
In case of deficient amount on the account for service payment or in case of negative balance, User will have access to case records of its patients within a year after termination of last paid period of usage acc. to cl.1 or after origin of negative balance after charge-off for services acc. to cl 2, in particular to its records and prescriptions made. User may supplement, copy, export and load from site above records. Other Service functions will be blocked for User.
Upon expiry of 1 year after termination of last paid period of usage acc. to cl.1 or after last charge-off for services acc. to cl. 2 and 3, or after origin of negative balance after charge-off for services acc. to cl. 2, a written notice is forwarded to User email address and SMS notice is send to its mobile number. In three days from the notice forwarding, in case of no actions taken by the User, namely entering paid page or obtaining any other commercial service, User register entry and all the data related to it will be deleted from the Service database.
Register entries of Users which fully or partially used the bonus granted to them during the registration procedure, yet they never refilled the account at its own expense, will be deleted from Service database one month after termination of last paid period of usage acc. to cl. 1 or after last charge-off for other kind of services.
Feedback
Filin Cо offers the possibility to User to put online its comments, suggestions and other feedback relating to its Service-use experience on terms of pre-moderation.
User agrees to that Filin Cо has a right to use free of charge any comments for all purposes including the right for sales of all suggestions of User. User agrees to transfer rights and do hereby give all the rights for suggestions relating to improvement of Service to Filin Cо. User confirms that the data he had added to the Service database, may be used by Filin Cо to analyze and improve the Service, as well as for other research purposes with full anonymity reserved relating to all persons to be involved in above data.
Period of validity, termination and changes of the Terms
By registering on the web site, you agree to become bound by the terms and conditions of this Agreement.
User has a right to terminate the present Agreement at any time by deleting its register entry. In case if User is not satisfied with services, User may discontinue using the Service and delete its register entry which means termination of the Agreement which will be the sole and exclusive remedy for the User.
In case of breach of any terms of this Agreement by the User, or marks of suspicion in such breach, Filin Cо is entitled to terminate the Agreement without notice.
Filin Cо reserves the right, at its sole discretion, to modify Terms of Service at any time make any additional requirements relating to its use by way of posting of the revised version. Such modifications will supersede all the previous versions from the date of posting of the revised version. User continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Copyright Infringement and Copyright policy
All Web-site similia.pro and all databases, texts, graphics, trademarks, design and arrangement thereof Copyright and will remain solely with Filin Cо and its partners, all rights reserved.
User may not reproduce, copy, download or save by any means any data from website except for User texts, added by User to Materia Medica, as well as for personal User notes, photo- , audio and video materials relating to the patients of User.
User will have no right to decipher database of Service or to attempt making engineering analysis of Service algorithms, as well as to evade any limitations in Service using.
If Filin Cо consider (at its sole discretion), that User misuses the Service i.e. violates the law or its proprietary rights, then Filin Cо reserves the right withhold an account of the User.
Limitation of Liability
Service is designed for posting of general information relating to homeopathy remedies and about benefits during treatment of certain symptoms. Information provided on the Service is based on homeopathy guidance and posted research results without any revision made. Therefore, Filin Cо accept no liability for any inaccuracies, omissions or errors in database as well as for difference between judgments produced by Users during the information processing.
User will use the Service and the posted information only as supplement for its knowledge of homeopathy remedies.
User understands that homeopathy remedies provided on the Service can sometimes be not optimal or right choice and therefore User shall use its own experience and knowledge after prescription of remedy. User will take full responsibility after remedy prescription.
Filin Cо makes no warranty that the Service will be error free or that access thereto will be continuous or interrupted. The Service is provided “as is". User understand that it download from, or otherwise obtain content or services through, the Service at its own discretion and risk.
User warrants that it is granted an explicit consent from the patient for posting its personal data in the Service database.
In no event will Filin Cо and its partners be liable with respect to User or any third party for any damages related to use or interruption of use of the Service.
If User do not accept and abide by this Agreement, it may not use the Service.
If any disputes arise Filin Cо will seek to settle by means of negotiation. Upon incurrence of conflict situation, the User will give any notice Filin Cо within 10 days from the date of incident. Otherwise it will lose its right of claiming. Before seeking legal recourse for any harm the User will give Filin Cо written notice specifying the harm and 60 days to settle dispute unofficially after providing such notice before initiating any action in conformity with the law or with the terms and conditions hereof.
Governing Law and Place of Jurisdiction
These Terms are governed in accordance with the laws of the Russian Federation, without giving effect to its conflicts of law rules, which are applicable when considering claims on infringement of above laws. The User and Filin Cо agree to submit to exclusive jurisdiction of the Novosibirsk courts and waive any defense of an inconvenient forum and of jurisdiction on account of place of residence or domicile.
These Terms are composed in Russian language. Notwithstanding that for ease of use the Terms were translated into English, only Russian version shall be binding on the parties. In case of divergent interpretation of the translated text, these Terms shall be interpreted according to the original Russian version.