Terms & Conditions

2.1 When users enter into agreement to use Doctors in Malta™, users may regard that agreement as being indefinite and which either party may end at any time.
2.2 Certain circumstances may call for either or both parties to terminate this agreement and these are set out within this document, including cases of unauthorised use of the Doctors in Malta™ platform and breach of any of the agreement clauses.
2.3 On termination, the user must also terminate their use of the platform with immediate effect.

3.1 For website security purposes and to ensure that this site remains available to all users, Doctors in Malta™ employs software programmes to monitor network traffic to identify unauthorised attempts to upload or change information, or otherwise cause damage. Unauthorised attempts to upload information or change information on this site are strictly prohibited.

4.1 We allow users the right to access, register, login and use Doctors in Malta™ and all its functions within the period of the contract.
4.2 Your use of Doctors in Malta™ is solely the internet transfer of data and information.
4.3 At no point are users permitted to deconstruct the software coding of our platform in part or in full. Nor should they offer access or the right to use any part of our product to third parties without our express written permission.
4.4 The only usage rights are set out in this document.

5.1 In the interests of efficiency, we may amend or refine this agreement and notify users in writing on our website, in this document or by text or email.
5.2 Subsequently, users have 15 business days to object to the amendment.
5.3 We reserve the right to change this document at any time without advance notice.

6.1 We reserve the right to make changes, whether an update or new release, at any time to the platform without prior warning to or consent from users, if required. However, such changes will be carried out with substantial functionality still available to the user.

7.1 The platform shall perform substantially post-installation in accordance with the specifications contained herein. We are limited to correcting any defects found in the API. We will use reasonable efforts to correct errors, if any, which are discovered within the installation period which are either present at the time of delivery of the software or are caused by warranty corrections performed by us and which inhibit the software's performance such that it does not perform substantially in line with its purpose. These remedies are available to users only if

7.2 We warrant to the end-user that the software, as delivered or updated and properly installed and operated on the hardware or other equipment it is originally licensed for, will function substantially as described herein at the time of purchase during the contract period. If any item of software fails to so perform, as the sole remedy we or our contractors/suppliers will at our discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the software.
7.3 Please note that we are not responsible for the completeness or accuracy of data that users and their callers provide. We are not responsible for the verification of or any confusion over an individual’s identity.
7.4 We shall not be liable for nor deemed to be in breach of our duty to provide services to users as a result of any force majeure event or any event or circumstance which is beyond our reasonable control and which causes a delay in performance or failure to perform any of our obligations under this agreement, including (but not limited to):

7.5 Similarly, we cannot guarantee uninterrupted availability of the platform if technical difficulties arise nor can we accept liability for any errors that arise due to the quality of telecommunication or internet connection while connecting to the Doctors in Malta™ platform.
7.6 We do not carry any loss of profit risk that may be suffered by users except in cases where we acted knowingly and wilfully, creating the direct cause of such loss of profit.

8.1 The user agrees to indemnify, defend and hold us harmless from and against any and all claims, losses, demands, liabilities, costs and expenses (including related reasonable legal fees, costs and expenses) suffered by us as a result of, or in connection with, any third party claims to the extent caused, in whole or in part, by the fraud, gross negligence, breach of agreement or wilful misconduct of the user in performing its services.

9.1 If Commucams decides at any time to amend the fees charged to it users, notification will be promptly sent to them along with an ‘effective from’ date and time in CET. Rules on costs and fees apply. Users hereby agree to waive any right to lien.

10.1 Our system of payments is owned and managed by an established third-party payment services provider mentioned in the introduction of this document. Its role it is to securely store credit card and login details and other information in relation to the handling of electronic funds for our users and their customers. The legal obligation of handling this data securely and in confidence lies with the payment services provider; this includes not sharing deliberately or unwittingly any information with third parties. If this legal requirement is breached the service provider is liable and open to covering damages suffered as a result of such action.
10.2 As a result of our contract with this payment services company, you have a duty to tell your customers that your services are charged through a third-party payment service provider.
10.3 If your customer wishes to make a claim against us in the area of online payment transactions or money management, the payment services provider is liable.
10.4 In its duty to us, our payment services provider must be reasonably available by email in order for us to contact them when necessary. It should set out fully and comprehensively all information requested by us for the duration of our relationship with them which includes any information that may have a bearing on our day-to-day operations. If there is a failure to provide up-to-date information by the payment services provider, we cannot be held responsible for this or any of their actions which would (risk) negatively impact(ing) our users and their customers in any way.
10.5 The payment services provider agrees to immediately notify us of any action which results in its services not operating as contracted. The payment services provider agrees to notify us as early as possible of insolvency so that services to our users and their customers run without disruption as we make alternative arrangements.

11.1 We take copyright infringements seriously and to this end and upon becoming aware of any infringement of any of the other party’s copyrights that are used in connection with us, such party will promptly notify the other in writing of any such infringement. We can make any changes necessary at reasonable cost borne by us and to the extent reasonable for the user.

12.1 The user is subject to rules governing any material or content it seeks to distribute or display which is listed as (but not limited to) violence of any kind, spamming, scamming, harassment, child pornography, terrorism, intellectual property theft, unauthorised gaming or hate speech. Commucams reserves the right to exclude or ban anything that contravenes common decency or the law.
12.2 In addition, users must ensure to the best of their ability that they release information to their (prospective) customers that is clear, fair and not misleading, especially in regard to payment for their services.
12.3 Users should ensure the plugin and other functions are working correctly once installed. We cannot be held responsible for non-payment or partial payment during calls due to faulty installation or usage.
12.4 Should we find against the user in relation to any of the above contraventions, the following steps will occur:

• We have the right to swiftly terminate this agreement and our relationship with the user without warning.
• The user’s connection to the Doctors in Malta™ platform will end abruptly without warning.
• Users will remain liable for any outstanding payments, damages and any claims made by third parties.
• Users will forfeit their ability to use the Doctors in Malta™ platform again and any attempt to do so will be blocked.

13.1 We and our users recognise the importance and legal obligation to keep customer information and data safely, securely and in confidence. This data and information should only be used in the carrying out of the service we and our users provide to our respective customers. It is agreed that all due care and attention will be made to ensure that nothing is revealed, made available to or shared with any third parties for any purpose whatsoever except where regulatory or legal requirements exist to transfer selected data or information to authorities as their need dictates.
13.2 We reserve the right (but are not obliged) to mention individual user’s names, logos or user business names on our website(s), brochures or other marketing materials exclusively used by us. If the user is against this use of its information, they should contact us in writing or by email and we will respond in writing to confirm.
13.3 The parties undertake to adhere to GDPR as set out in law and to protect data adequately. This includes adequate risk mitigation against data disclosure whether accidental or deliberate but unauthorised, (cyber) hacking, deliberate or unwitting destruction thereof, loss, copyright, theft, illegal use, non-permitted amendment, copying, technical failure due to sub-standard or non-current protection.
13.4 You may not obtain (via any unauthorised method or approach) any information or data without our express consent. Nor may you allow others to work on your behalf to access such information or data in our systems.
13.5 After a user decides to terminate their agreement with us, we will continue to handle any data we obtain in the name of the former user with the same diligent care and per GDPR provisions.

15.1 The validity of this agreement will be not be compromised if one or more clauses of these terms and conditions is/are or become invalid or prove to be unenforceable. If this occurs, the validity of the other clauses remains effective. The parties of this agreement must undertake to replace the invalid or unenforceable clause by another that is a best fit for its intended purpose.
15.2 If there is found to be any regulatory gap in this agreement, a fitting clause will be deployed with notification made to users according to clause 6.1.
15.3 This contract is subject to EU law and Malta jurisdiction or by solely our choice.