Terms and Conditions
‘Dr Ionita’ practice is a service focused on preventative medicine science-based with a longitudinal quantification of human physiology and behaviour. ‘Dr Ionita’ aims to reinvent the primary care with a data-driven preventative approach by making sense of a myriad of data points collected longitudinally, many of the in “real-time” and building a continuous personal health baseline (personal health database). Since stress is an epidemic and the root of virtually most of disease, we have chosen to start our service with an offer focusing on stress, although we will always look to improve someone’s global health and well-being.
Please read carefully this document and if you have any doubts or misunderstanding, please contact us at: firstname.lastname@example.org.
1. Registration, commencement and duration
1.1. The Agreement commences upon the Member’s registration and payment of Fees on the Commencement Date and depending on the type of the membership: a “pay as you go” service (i.e. “consultations fees” etc.) or “follow up” as a monthly or yearly membership and thereafter for successive periods of one year unless terminated earlier in accordance with clause 11.
2.1. ‘Dr Ionita’ shall provide the Services subject to the Consent.
2.2. ‘Dr Ionita’ does not provide other services under these terms.
2.3. ‘Dr Ionita’ services will be operated through the Dr Ionita’s practice and after the payment of fees on Dr Ionita ’s website.
2.4. Members will choose among different offers described on the “Dr Ionita” website: “A la carte consultation, “Follow up membership”, “360 Assessment”.
The membership Fee for the follow-up service is payable on a monthly basis, while the payment for ‘A la carte Consultation’ and ‘360 Assessment’ are paid at once, at beginning of these services.
At the end of the sixth and any subsequent month of Members’ Subscription, the membership will renew automatically for another month, unless the Member notify Dr Ionita through their account settings before the time of 23:59 on the renewal date that they want to cancel or do not want to automatically renew. Therefore, the Member will understand that the subscription will automatically renew each month without a further notice until the the 12th month of the subscription.
2.5. The Services are limited to the following:
Functional Medicine Consultation on site and as video-consultations after the 1st appointment
Screening and diagnosis of the specimens provided by the Member.
Recommendations and treatment.
Follow up, including include referral to an appropriate specialist where physical examination or complementary investigation, such as scanning, is required for diagnosis or treatment purposes. For example, if a Member is suffering from acute pain, Services include referring him to the appropriate service and/or specialist (emergency room and/or appropriate specialist), but not the referred service itself.
2.6. The Services exclude, without limitation:
emergency care, unless if it is needed during the on site consultation
the cost of treatment prescribed by ‘Dr Ionita’
the cost of laboratory tests, except for one included in ‘360’ offers
the cost of consultations made by referral specialists. (by way of example, if the ‘Dr Ionita’ refers the Member for additional investigations to a cardiologist, the Member must pay for the consultation and for any treatment or examination, for example carotid ultrasound or CT scan, prescribed by the cardiologist; and
other medical services (e.g. psychiatry, cardiology etc.).
3. Member obligations
3.1. The Member represents and warrants that:
(a) he is a private individual and not an organisation or person acting for or on behalf of an organisation;
(b) he is 18 (eighteen) years of age or older;
(c) he understands that ‘Dr Ionita’s medical services are provided from the EEA in accordance with the law of the state from which they are provided;
(d) all information provided by him to ‘Dr Ionita’ during registration and in the course of membership is and shall be truthful, accurate, fair and not misleading;
(e) he permits ‘Dr Ionita’ to process his personal data in accordance with the Consent and the GDPR 2018; and
3.2. The Member undertakes:
(a) to deliver content and information free of computer viruses, spiders, Trojan horses, worms, time bombs, or any other program intended to damage, expropriate, interfere, intercept or interfere with any ‘Dr Ionita’ system or the data or information stored, processed or provided by ‘Dr Ionita’;
(b) not to use the Service or content for any purposes unrelated to his personal healthcare and in no event for the benefit of any other business or organisation;
(c) to protect and ensure the maintenance of the confidentiality of his password and login;
(d) to be responsible for all activities that occur under his password or account, whether or not the Member is aware of such activities;
(e) to prevent persons under 18 (eighteen) years of age to accessing his account;
(f) to notify ‘Dr Ionita’ promptly of any unauthorised use of his or her password and login or any connection in violation of the security of access to his account; and
(g) to review these terms periodically for any updates or changes.
4.1. The Member acknowledges and agrees that:
(a) for some tests, but not all (i.e. not for the home tests) ‘Dr Ionita’ requires the Member’s presence, at the Member’s cost and expense, in London at an agreed date and time to facilitate specimen collection;
(b) ‘Dr Ionita’ may in rare circumstances (e.g. if requested by the receiving laboratory) require repeat specimen collection on the same basis as in paragraph (a).
(c) records stored in ‘Dr Ionita’ ’s computer systems under conditions of reasonable security will be considered proof of communications and of transmissions of information between the Member and ‘Dr Ionita’;
(d) preservation and archiving of information and data are made on a reliable and durable medium;
(e) the use of his or her password and login constitutes an electronic signature, and may be used as proof of his or her personal use of the Patient Platform;
(f) in case of conflict between the ‘Dr Ionita’ computer records and any written document or electronic file in possession of the Member, ‘Dr Ionita’ computer records shall take precedence as evidence over documents of Members or third parties;
(g) the information disseminated via the Services cannot be exhaustive or immediately updated to reflect the evolution and progress of scientific and medical knowledge;
(h) the Member’s access to areas of the site may be restricted without warning or notice or compensation of any kind whatsoever;
(i) he is responsible for the cost of connecting to the Internet in order to receive the Services;
(j) ‘Dr Ionita’ shall not be responsible for any third party advice (such as instructions for the use of medical devices), or for third party information and data provided through the Patient Platform; and
(k) he shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
5.1. The Member shall pay the Fees upon registration and, subject to the Member’s agreement to continue to receive the Service, thereafter on the anniversary on the Commencement Date.
5.2. If a payment due from the Member under this clause is subject to tax (whether by way of direct assessment or withholding at its source), ‘Dr Ionita’ shall be entitled to receive from the Member such amounts as shall ensure that the net receipt, after tax, to ‘Dr Ionita’ in respect of the payment is the same as it would have been were the payment not subject to tax.
5.3. If the Member fails to make any payment due to ‘Dr Ionita’ under the Agreement by the due date for payment, then the Member shall pay interest on the overdue amount at the rate of 4% (four per cent) per annum above the base rate from time to time of Lloyd’s Bank. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Member shall pay the interest together with the overdue amount.
6. Intellectual Property
6.1. The Member acknowledges:
(a) ‘Dr Ionita’’s exclusive title to all goodwill in the “‘Dr Ionita” name and logo and in the domain name www.drionita.com and all other Intellectual Property Rights related to the delivery of, or resulting from, the Service; and that
(b) apart from a grant to the Member, for the purpose of his healthcare, of the sole right to use data provided to him as an output of the Service, ‘Dr Ionita’ does not grant a licence to any such Intellectual Property Rights under the Agreement.
7.1. ‘Dr Ionita’ shall not be liable to the Member for any cost or expense, including without limitation travel and accommodation expenses, incurred by the Member in relation to the Services under this Agreement.
7.2. ‘Dr Ionita’ does not guarantee permanent or error-free access to the Patient Platform or that errors or malfunctions will be corrected immediately.
7.3. The Member acknowledges that ‘Dr Ionita’ shall only be liable for the Services under the Agreement and that he must pay all other service providers by the due date for payment.
7.4. ‘Dr Ionita’ neither verifies nor selects the content of sites that may be linked to from the Patient Platform and is in no way responsible for the content of such sites. The presence of links to such sites does not in any way signify that ‘Dr Ionita’ endorses them, that their content is valid or that ‘Dr Ionita’ accepts any responsibility whatsoever for their content or use. These links are offered purely for interest, without any further selection, qualification or certification. Accordingly Members use such sites at their own risk.
7.5. To the maximum extent permissible at law, in no case shall‘Dr Ionita’, its partners, collaborators, employees or directors be liable for any direct, indirect, incidental, special or consequential damages (even if ‘Dr Ionita’ has been advised of the possibility of such damages) as a result of using the Service, but nothing in these terms represents an exemption from liability for death and personal injury.
8.1. The Member shall indemnify and hold harmless‘Dr Ionita’, its officers, employees, agents, subsidiaries, partners, and affiliates, from and against any and all claims, actions or demands, liabilities and settlements, including reasonable legal and accounting fees, suffered or incurred by ‘Dr Ionita’ that result, or are alleged to result, from any breach of any warranty or representation contained in clause 3 and the enforcement of the Agreement.
9. Force majeure
‘Dr Ionita’ shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 4 (four) weeks, ‘Dr Ionita’ affected may terminate the Agreement by giving 7 (seven) days’ written notice to the Member.
10. Assignment & other dealings
10.1. The Member may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Agreement.
10.2. ‘Dr Ionita’ may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under the Agreement.
11. Termination and its consequences
11.1. The Member may at any time terminate his registration by lodging an unsubscribe request.
11.2.‘Dr Ionita’ may terminate the Agreement at any time on not less than 2 (two) months’ notice.
11.3. ‘Dr Ionita’ may terminate the Agreement with immediate effect by giving written notice to the Member:
(a) if the Member fails to pay any amount due under this Agreement on the due date for payment and remains in default for not less than 14 (fourteen) days after being notified to make such payment;
(b) if the Member commits a breach of clause 3;
(c) if the Member dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation; or
(d) in the event of a serious technical malfunction.
11.4. Clause 11.3 is without prejudice to any other right or remedy available to ‘Dr Ionita’.
11.5. On termination or expiry of the Agreement, ‘Dr Ionita’ shall inactivate the Member’s password and within 72 hours remove the Members’ personal data from its control, retaining only fully anonymised, non-personal data;
11.6. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
‘Dr Ionita’ reserves the right to modify these terms at any time without prior notice by posting amended terms on www.drionita.com, which will be effective from the publication of the updated version and to charge additional fees for services.
14. Rights and remedies
Except as expressly provided in the Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
16. No partnership or agency
16.1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
16.2. In this Agreement, the Member is acting for himself and not for the benefit of any other person.
For medical purposes, the Member can contact ‘Dr Ionita’ at email@example.com. For all other purposes, the Member should use firstname.lastname@example.org or at phone number +44 7546 244 573
18. Third party rights
No one other than a party to this Agreement and ‘Dr Ionita’s successors and permitted assignees shall have any right to enforce any of its terms.
19. Governing law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and subject to the exclusive jurisdiction of the English courts.
The following definitions and rules of interpretation apply in these terms.
Commencement Date: the date of the Member’s registration.
Consent: the Member’s consent to the processing of his personal data, as amended from time to time by the Member.
Contract Year: the 12-month period following the Commencement Date and each succeeding 12-month period.
day: a period of 24 consecutive hours ending at 12.00 midnight.
Fees: the membership fee for the time being in respect of the period of Services as set out in Schedule 2.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Member: a subscriber to these terms.
Dr Ionita: whose registered office is at 140 De Beauvoir Road, N1 4DJ, London, United Kingdom
Services: the services set out in Schedule 1.
VAT: value added tax chargeable under the Value Added Tax Act 1994.
week: any period of seven consecutive days; month: a calendar month; year: any period of 12 consecutive months from the Commencement Date.
20.2. Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.
20.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
20.4. The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
20.5. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
20.6. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
20.7. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
20.8. A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
20.9. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
20.10. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
20.11. A reference to writing or written includes e-mail and electronic communications through the Patient Platform.
20.12. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
20.13. A reference to these terms or to any other terms or document referred to in these terms is a reference to these terms or such terms or document as varied or novated (in each case, other than in breach of the provisions of these terms) from time to time.
20.14. A reference to the Agreement is to the agreement made on these terms between ‘Dr Ionita’ and the Member.
20.15. References to clauses and Schedules are to the clauses and Schedules of these terms and references to paragraphs are to paragraphs of the relevant Schedule.
20.16. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.