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Terms and Conditions

WecareWehelp Inc. is the author and publisher of the online platform https://wecarewehelp.com/ or any associated domains and subdomains and owns and operates the technological services provided through the online platform. WecareWehelp Inc. is a federally incorporated organization in Canada (Corporation number 1240550-4). 

 

1. Applicability of Terms and Conditions

Please carefully go through these terms and conditions (“Terms and Conditions”) and the privacy policy available at https://wecarewehelp.com/privacy-policy/ (“Privacy Policy”) before you decide to access our online platform or use the services made available on the platform. These Terms and Conditions and the Privacy Policy together constitute a legally binding agreement (“Agreement”) between you and WecareWehelp (“Wecarewehelp” or “we” or “us” or “our”) in connection with your visit and usage of the services on the online platform.

The Terms and Conditions and Privacy Policy applies to the following visitors and users:

  • A medical practitioner, health care provider, hospital(s) and doctor(s) (whether an individual or an organization) or similar medical practitioners wishing to be listed, or already listed, on the online platform, including designated, authorized associates of such medical practitioners. (“medical practitioner(s)”, “hospital(s)”, “doctor(s)”, “you” or “user(s)”)
  • A patient, his/her representatives, searching for medical practitioners or doctors through the online platform. (“user” or “visitor” or “you”)
  • A user of the online platform who is surfing through the online platform and not booked an appointment but asked a question on the health forum or posted comments on the articles shared by our medical practitioners or doctor(s).
  • A user of the online platform who is surfing through the online platform and not booked an appointment, asked a question on the health forum or posted comments on the articles shared by our medical practitioners or doctor(s).

This Agreement (as referred earlier as a legally binding agreement) applies to all the services and products made available by WecareWehelp Inc. on the online platform, including the following:

  • For medical practitioners: Listing of medical practitioners, their profiles, their contact details, published articles, responses to the questions and queries in the Health Forum to be made available to the other users and visitors to the online platform.
  • For other users: Facility to
    • create and maintain their ‘user accounts’
    • search for medical practitioners by name, speciality, services and geographical area, or any other criteria that may be developed and made available by us
    • to make appointments with medical practitioners, hospitals or doctors
    • to make payments for services or products to be provided by medical practitioners, hospitals or doctors.

The offered services may change from time to time, at the sole discretion of WecareWehelp, and the Agreement will apply to your visit to and your use of the online website to use the services, as well as to all information provided by you on the online platform at any given point in time.

This Agreement defines the terms and conditions under which you can use the online platform and describes the manner in which we shall treat your user account while you are registered as a user with us. If you have any questions about any part of the Agreement, feel free to contact us at support@wecarewehelp.com.

By accessing the online platform to use the services, you irrevocably accept all the conditions stipulated in this Agreement, the subscription Terms and Conditions and Privacy Policy, as available on the online platform, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the online platform to use our online services. By availing any service, you signify your acceptance of the terms and conditions of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the online platform following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for using any of the services offered by us. If you do not agree with any part of the Agreement, please do not use the online website or use any of the provided services through our online platform. Your access to use of the online platform and the services will be solely at our discretion.

2. User restrictions and conditions of usage

In order to visit or use our online platform or services in any manner or form, you must be 13 years of age or older to register. By registering, visiting and using the online platform or accepting this Agreement, you represent and warrant to us that you are 13 years of age or older, and that you have the right, authority and capacity to use the online platform and the services available through the online platform, and agree to and abide by this Agreement.

3. Terms applicable to all users other than medical practitioners

  • Terms related to the relationship between the online platform and the users
    • The online platform or services provided on the platform are not intended to be a substitute for getting in touch with emergency healthcare. In the scenarios that a user or a user’s acquaintance is facing a medical emergency, please contact emergency services at 911 immediately. During a non-emergency situation, if you need any help to learn about the procedures or actions to take during an emergency service, please reach out to us at support@wecarewehelp.com or through facebook messenger at https://www.facebook.com/wecareandwehelp/.
    • We would also like to identify that the information available through or online platform, employees, contractors, partners, sponsors, advertisers, or otherwise on the online platform is for informational purposes only. We make no representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the online platform by the doctor, hospitals or medical practitioners. Being an healthcare marketplace, our job is to connect you with the right doctor or medical practitioner. We shall not be liable to you or anyone else for any decision made or action taken by you in reliance to any information, article, advice published on the online platform/marketplace or additional online content on the platform.
  • Terms related to search for Doctors, Hospitals or other medical practitioners on the online platform
    • Our advanced search capabilities for the doctors, hospitals and medical practitioners is a fully automated system that lists the doctors, hospitals, medical practitioners, their profile, their experience and education, information regarding their practice, articles published by them, their practice location, their media and their availability on the online platform. These listings do not represent any fixed objective ranking or endorsement by us and we will not be liable for any change in the relevance of the doctors, hospitals or medical practitioners on search results, which may take place from time to time. The listing of the doctors, hospitals or medical practitioners will be based on automated computation of the various factors including inputs made by the users including their comments and feedback. Under no circumstances, will we be held responsible for the accuracy and the relevancy of the listing order on the online platform.
  • Terms related to appointment booking for Doctors or other medical practitioners on the online platform
    • We enable users to connect with doctors, hospital and medical practitioners to book an appointment based on medical practitioner’s availability through our online platform.
    • We will ensure users are provided confirmed appointment for the medical practitioner for whom the appointment is booked based on their availability as mentioned on the online platform by the doctor or medical practitioner. However, we have no liability if such an appointment is later cancelled by the doctor or medical practitioner, or the same doctor or medical practitioner is not available for appointment.
    • When a user conducts a search for a doctor, hospital or medical practitioner on the online platform, the search results should not be interpreted as an endorsement by us of any particular doctor, hospital or medical practitioner unless it’s a featured profile on the online platform for which the doctor, hospital or medical practitioner has selected an Health Package to increase their visibility.
    • If the user decides to engage with a medical practitioner to seek medical or health services, the user shall be doing so at his/her own risk.
    • If a User has utilized the telephonic services, we reserve the right to share the information provided by the user with the doctor or medical practitioner.
    • We are a technological services online marketplace and are not involved in providing any healthcare or medical advice or diagnosis and hence are not responsible for any interactions between the user and the doctor or medical practitioner. We try our best to find the best healthcare service provider through our platform and share all relevant details which will enable you to make the best decision.
    • Users of our online platform understand and agrees that we will not be liable for the user interactions and associated issues user has with the doctor or medical practitioner; the ability or intent of the doctor or medical practitioner or the lack of it, in fulfilling their obligations towards the users; any wrong medication or quality of treatment being given by the doctor or medical practitioner; or any medical negligence on part of the doctor or medical practitioner; or cancellation or no show by the doctor or medical practitioner or rescheduling of booked appointment or any variation in the fees charged by the doctor or medical practitioner.
    • Users are allowed to provide feedback about their experiences; however, the user shall ensure that, the same is provided in accordance with applicable law.
    • In the scenario where the user doesn’t show up for the booked appointment at the doctor or medical practitioner’s clinic or hospital without a valid reason within 24 hours of the appointment booking, we hold the right to disable the user’s account from booking further online appointments on our online platform. In case the user still needs medical help, he or she can reach out to us at support@wecarewehelp.com to initiate the booking request with a collateral for the next booking appointment.
    • If a paid appointment has been made on the online platform by a user and the user is unable to visit the doctor or medical practitioner, due to valid reason (for e.g. genuine reason of illness), pursuant to conducting an investigation at our sole discretion, the user shall be provided with a refund of such payment made by user, at the time of booking. However, where cancellation charges have been imposed, you would not be entitled to complete refund. We reserve the right to make the final decision in case of a conflict.
    • In the scenario where the doctor or medical practitioner with whom user has booked a paid appointment through our online platform, has not been able to meet the user, user will need to write to us at support@wecarewehelp.com within 24 hours from the occurrence of such an event; in which case, the entire consultation amount as mentioned on the online platform will be refunded to the user within the next five business days in the original mode of payment done by the user while booking the appointment. In case where the user, does not show up for the appointment booked with a doctor or medical practitioner, without cancelling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the doctor or medical practitioner), you would not be entitled to complete refund even if you have cancelled beforehand.
  • Terms related to user account and data privacy
    • We may by our online platform and services, collect information relating to the devices through which you access the online platform, and anonymous data of your usage. The collected information will be used only for improving the quality of services offered, to upgrade the intuitive behaviour on the online platform and to build new services to provide you with the care you deserve.
    • The online platform allows us to have access to registered users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the medical practitioners, doctors, hospitals and their practice.
    • The Privacy Policy describes the type of information collected from users, including sensitive personal data or information; how and to whom we will disclose any such information; the purpose and means and modes of usage of such information.
    • The User is expected to read and understand the Privacy Policy to ensure that he or she has the knowledge of the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the details of the agency that is collecting the information and that will retain the information; and the various rights available to users in respect of the collected information.
    • The User is expected to read and understand the Privacy Policy to ensure that he or she has the knowledge of the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the details of the agency that is collecting the information and that will retain the information; and the various rights available to users in respect of the collected information.
    • We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the users to us or to any other person acting on our behalf.
    • The User is responsible for maintaining the confidentiality of the user’s account access information and password, if the user is registered on the online platform. The user shall be responsible for all usage of the user’s account and password, whether or not authorized by the user. The user shall immediately notify us of any actual or suspected unauthorized use of the user’s account or password. Although, we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WecareWehelp or such other parties as the case may be, due to any unauthorized use of your account.
    • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to discontinue the Services to the user at its sole discretion.
    • We may use such information collected from the users from time to time for the purposes of debugging customer support related issues.
  •  Terms related to platform listings and circulating information
    • We collect relevant information regarding the profile and practice of the doctors, hospitals and medical practitioners listed on our online platform, such as their specialization, qualification, fees, location, appointment availability, possible verification credentials, etc. We take reasonable efforts to ensure that such information is updated at frequent intervals and the right medical practitioners connect with you through our platform. Although, we screen the information and photos submitted by the doctors, hospitals and medical practitioners, we cannot be held liable for any inaccuracies or incompleteness represented by them, despite such reasonable efforts. We encourage the users to report an inaccuracies they find in any of the listed data for doctors, hospitals or medical practitioners for the benefit for the larger community and we will definitely look into it.
    • Our online platform may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our online platform. We make our best efforts to make sure that you find the relevant information which will enable you to undertake the right decisions pertaining to your health and wellness by consulting with the right medical professional. We encourage users to contact us at support@wecarewehelp.com if they find any third parties which do not follow our terms and conditions or are ethically promoting incorrect content.
    • In the scenario that we determines that doctors, hospitals or medical practitioners have provided fraudulent, inaccurate, or incomplete information, including through feedback, we reserve the right to immediately suspend their access to the online platform or any of your accounts with us and make a declaration on the online platform alongside your name/your hospital/clinic’s name as determined buy us for the protection of our services and in the interests of platform users. Such doctors/hospitals or medical practitioners shall be liable to indemnify us for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected us or our users.
  • Terms related to the use of Articles on the online platform
    • The User acknowledges that the comments made on the articles published by doctors and medical practitioners reflect the views and opinions of the person who has posted and do not necessarily reflect our views.
    • The platform users agree that the published articles do not in any way constitute medical advice and that the responsibility for any act or omission by the user arising from the user’s interpretation of the article, is solely attributable to the user.
    • The platform users agree that all intellectual property rights in the comments made on the published articles vests with us.
    • The platform users agree not to infringe upon our intellectual property by copying or plagiarizing content published by the doctors and medical practitioners in the published articles.
  • Terms related to the Reviews and Feedback provided by the users
    • The platform users accept that we may contact them through telephone, email, SMS, or any other electronic means of communication for obtaining feedback for our online services, feedback related to their experience during their appointments with the listed doctors or medical practitioners on the online platform and/or resolving complaints, information, or queries made by the users.
  • Terms related to Copyright ownership on the online platform
    • Any online contact present or published on our online platform whether it’s user generated content or content published by us belongs to WecareWehelp. The information that is collected by us directly or indirectly from all platform users shall belong to us.
    • Cloning or an intent to clone certain content from our online platform of the copyrighted content published on the online platform for any commercial purpose or for the purpose of earning profit will be a violation of copyright and we reserve the rights under applicable law accordingly.
    • The users shall not access the services for purposes of monitoring their performance or functionality, or for any other benchmarking or competitive purposes.
  • Terms related to the Health Forum
    • Health Forum is an online community on the online platform for exchange of health and wellness information between the medical practitioners and users. Every doctor or medical practitioner on the Health Forum must be qualified in the area of expertise that he represents as being his qualification.
    • There is no doctor-patient relationship that is established on the Health Forum and the guidance provided should be considered to be absorbed by the users from a perspective to gain more information. For medical and health related diagnosis, appointments with the doctor and medical practitioner are encouraged through the online platform.
    • Any interaction cannot be construed as a medical consultation with the doctor or medical practitioner, in any manner.
    • The users on the online platform may post questions on medical and health-related issues and these questions can be answered by multiple doctors or medical practitioners on the Health Forum.
 

4. Terms applicable to all doctors, hospitals and medical practitioners

  • Terms related to listings published by doctors or medical practitioners and circulating information
    • The information on the online platform for the doctor’s and medical practitioners’ profiles, contact details, education and experience, shared media and location details, articles, health forum responses, feedback and practice are recorded and stored to provide better services for the users.
    • As a doctor or medical practitioner, you must warrant that you will use the services in accordance with applicable law and publish the services based on your credentials and years of service in the specific medical field, speciality or service.
    • In the scenario, where incorrect or intentional misuse is observed, we have the right to remove any doctor or medical practitioner’s profile as well as the right to display the profile of the doctor or medical practitioner’s profile, with or without notice to the concerned Practitioner.
    • The information is collected for the purpose of facilitating interaction with the platform users.
    • We shall not be responsible for any losses, damage, injuries or expenses incurred by the users as a result of any disclosures or publications made by the doctors or medical practitioners on their profiles or anywhere on the online. We encourage the doctors to share content and thoroughly review the content posted – they can add warning messages stating that the information shared is for informative purposes only.
    • Doctors and medical practitioners agree that we reserve the right to publish the shared articles or relevant data provided to a third party including content platforms (for e.g. Facebook page or Instagram page or pages where users are surfing for intelligent healthcare information).
    • Doctors and medical practitioners have the option to purchase featured packages to enable online bookings, availability management, real-time chat with the patient or patient’s representative and receive payments for the services rendered through the online platform subject to the third party payment of Stripe commission fees for payment transactions for each booking made by the user. The can also track their appointments, receive email notifications and manage invoices for all their appointments over the online platform.
    • Doctors and medical practitioners have the option to purchase featured packages which will optionally allow them to make their profile a featured profile, providing an advantage to be shown on the platforms featured profile sections.
    • For the Doctors and medical practitioners, it is important to verify their credentials and legitimacy of their practice to have a badge associate with their listing of “Medical Registration Verified” directly visible on the searched listings page as well as their profiles.
  • Appointment booking for Doctors or other medical practitioners on the online platform
    • We ensure that the experience for our platform users and doctors and medical practitioners is beneficial to both parties and the healthcare marketplace helps in improving the standards of delivered healthcare by digitizing the administrative process involved in this complete cycle.
    • Doctors and medical practitioners have the option to purchase featured packages to enable online bookings, availability management, real-time chat with the patient or patient’s representative and receive payments for the services rendered through the online platform subject to the third party payment of Stripe commission fees for payment transactions for each booking made by the user. They can also track their appointments, receive email notifications and manage invoices for all their appointments over the online platform through their dashboards.
    • We want to let the doctors and medical practitioners know that, we shall not be liable, for any comments or feedback given by any of the users in relation to the services provided by doctor or medical practitioner. The option of publishing or modifying the comments or feedback will be at the discretion of Wecarewehelp subject to the violation of our Terms and Conditions or any laws by the user.
    • The doctors and medical practitioners will be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities. The doctors and medical practitioners will ensure that all the applicable laws that govern the practice and the medical practitioner will be followed and utmost care.
  • Terms related to the use of Articles on the online platform
    • The Articles available on our online platform wherein Practitioners who have created a doctor’s or medical practitioner’s profile can login and post health and wellness related content.
    • Doctors and medical practitioners have access to a limited number of article posts based on the package which they have purchased for accessing the various services provided on the online platform ranging from real-time chat to online booking and payments. When they log into their health account, they can create an original article comprising of text, images, videos and other data (“content”). The articles published by the doctors and medical practitioners do not constitute medical advice and may not be construed as such by any visitor or user.
    • Doctors and medical practitioners take responsibility and acknowledge that they are the original creators of the articles published by them and that no articles uploaded by them would constitute infringement of the intellectual property rights of any other person.
    • We reserve the right to remove any article which it may determine at its own discretion as violating the intellectual property rights of any other person. Doctors and medical practitioners agree to absolve and indemnify us against all claims that may arise as a result of any third party intellectual property right claim.
    • Doctors and medical practitioners assigns to us in perpetuity and worldwide, all intellectual property rights in any articles published on the online platform.
    • Doctors and medical practitioners shall ensure that no portion of the articles is violative of any law for the time it is published on our online platform.
  • Terms related to the Health Forum
    • Health Forum is an online community on the online platform for exchange of health and wellness information between the medical practitioners and users. Every doctor or medical practitioner on the Health Forum must be qualified in the area of expertise that he represents as being his qualification.
    • The doctors and medical practitioners may review the questions asked by the users on the Health Forum and provide recommendations, suggestions and solutions to the questions under concern. However, such information should not be considered as medical or health advice as mentioned earlier.
    • The doctor’s and medical practitioners also need to make sure that they cannot issue and/or prescribe any medicines on the Health Forum. It is a platform for only exchange of information and not a consultation/ medical advice platform – we have our doctor’s appointments to take care of that part.
    • If there is any issue or liability based on the response shared by the doctor or medical practitioner, it will not be the responsibility of Wecarewehelp.
  • Terms for usage in promotional and marketing media
    • In view of the services provided by our online platform, we will include a brief description of the services provided to the doctors and medical practitioners in our promotional and marketing media materials.
    • We wold love to have our doctors and medical practitioners registered on our online platform to serve as a reference to our existing and potential clients and provide details about their experiences operating the platform for the benefit of their practice.
    • Allow us to use the medical practitioner’s name and/or logo, brand images, etc., within our service e-mailers, press releases, social media and other advertising, marketing and promotional materials. It is also an opportunity for us to recognize the great work and service provided by the doctors and medical practitioners on our platform who are the real heroes.
    • We would reserve the rights to display sponsored ads on the online platform. We will not be liable for the accuracy of information or the claims made in the Sponsored ads.
 

5. Terms and Conditions related to Payments

  • As an online platform which supports booking and payments, there is a transactional charge incurred by third party payment merchants for each electronic transaction made through the platform. We will transfer these transactional charges to the doctor or medical practitioner as incurred by the third party such as Stripe. Please refer to the pricing guidelines as provided by Stripe to be a small business integrated payment merchant: https://stripe.com/en-gb-ca/pricing.
  • Once, the payments are received through Stripe, the payouts to the doctors and medical practitioners will be scheduled daily for the completed appointments. In the case, the appointment booking is cancelled by the doctor or medical practitioner, the refund will be issued to the users under the circumstances that the claim is made within 24 hours of the appointment booking.
  • In order to operate and cover the expenses to run the online platform, the weekly, monthly and quarterly packages will be available for the doctors and medical practitioners to avail the services for real-time chat, featured profile, appointment management, service management, payment and invoice management, patient visit record management and article management. We will provide a trial month of featured services to each registered new doctor or medical practitioner to help them understand the potential of the technological services and how it may benefit their practice management.
  • Doctors and medical practitioners must provide valid credit card information or direct deposit information through “Payout Settings” on their Dashboard to receive payouts for the paid appointments and services rendered. The doctors and medical practitioners will be responsible for providing the correct payment information and credentials for their medium of payouts and we hold no liability in case incorrect information is provided via Payout Settings. We encourage the doctors and medical practitioners to review their payout settings from time to time and reach out to us if they see any discrepancy in any payments.
  • We assume that all appointment requests submitted by patients through the online platform for doctors and medical practitioners will be successfully completed, and will be billed and invoiced for such appointments, unless the doctor or medical practitioner indicates otherwise.
 

6. Termination of User access

We reserve the right to suspend or terminate a platform user’s access to the online platform and the services offered with or without notice and to exercise any other remedy available under law, in cases where:

  • The platform user breaches any terms and conditions of the Agreement.
  • We are unable to verify or authenticate any information provided to by a user.
  • A third-party reports violation of any of its right as a result of your use of the services
  • We have reasonable grounds for suspecting any wrong-doing or fraudulent activity on part of the user.
  • We believe that the user’s actions may cause legal liability for the user, other users or for us or are contrary to the interests of the online platform.
  • In the case that the user’s account is temporarily suspended, indefinitely suspended or terminated, the user may not continue to use the online platform under the same account, a different account or re-register under a new account.
  • On termination of an account, the user will no longer have access to data, messages, files and other material kept on the online platform.

7. Terms related to Liability

In no scenario, including but not limited to negligence, shall WecareWehelp, or any of its founders, partners, employees, vendors or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the online platform or the content, materials and functions related to the services, user’s provision of information via the online platform, lost business or lost users, even if Wecarewehelp has been advised of the possibility of such damages.

In no scenario, will we be liable for:

  • any other matter relating to the online platform or the services provided through the platform or by third parties
  • any content posted, transmitted, exchanged or received by or on behalf of any platform user or other person on or through the online platform
  • provisioning of or failure to provide all or any service by doctors or medical practitioners to the users contacted or managed through the online platform
  • any unauthorized access to or alteration of your transmissions or data

8. Severability

If any provision of these Terms and Conditions or the Privacy Policy held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded and the remainder of the content shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

These Terms and Conditions are governed by and will be interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the online platform or the services rendered on the online platform.

9. Terms for Waiver

No provision of these Terms and Conditions and Privacy Policy shall be deemed to be waived, unless such waiver or consent shall be in writing and signed by WecareWehelp. Any consent by WecareWehelp to, or a waiver by WecareWehelp of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach of the contract with us.

10. Point of Contact for Questions related to Terms and Conditions

If the visitors, user, doctors, medical practitioners, hospital administrators or representatives need to connect with us and have questions related to the Terms and Conditions or the Privacy Policy as published on the online platform, https://wecarewehelp.com/, please reach out to us at support@wecarewehelp.com.