Terms and Conditions For eDoctar
These terms explain your rights and responsibilities when using eDoctar. If you have any questions, feel free to contact us at firstname.lastname@example.org. You can also learn more at www.edoctar.com. Thank you so much for choosing eDoctar.
- 2. WE DO NOT We have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. The patient medical relationship will between the patient and his/her Healthcare Provider. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting there from, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever. The patient will automatically be charged when a Healthcare Provider televisit is scheduled. If a Healthcare Provider fails to complete a visit, the charge will be automatically refunded to the patient. eDoctar only provides visits with Healthcare Providers listed on its application. We strongly advice patients to look through doctors profiles in order to choose the best physicians tailored for their needs.
- 3. AUTHORIZATION AND ACKNOWLEDGEMENT In connection with using the Site and the Services to locate and schedule telemedicine appointments with Healthcare Providers, you understand that: YOU ARE THE FINAL PERSON RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. eDoctar may exclude Healthcare Providers who, in eDoctar’s discretion, have engaged in inappropriate or unprofessional conduct. We will provide you with lists and/or profile previews of Healthcare Providers who may be suitable to provide the telemedicine healthcare services you seek based on information that you provide to us (such as healthcare specialty). In an effort to aid in the discovery of Healthcare Providers and enable the maximum choice and diversity of Healthcare Providers participating in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other eDoctar users, and past experience of eDoctar users with Healthcare Providers); but eDoctar(a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any fees from Healthcare Providers for referrals or for featuring them (i.e., higher or better placement on lists) through the Telemedicine Services (subject to the Sponsored Results as described below). If a health complaint cannot be resolved through telemedicine, patient agrees to follow up care through an office visit or home visit as ordered by the Healthcare Provider. The patient will have the option to accept or decline further care. However, if patient declines further care as ordered by the Healthcare Provider, Healthcare provider will not be held liable for any resulting complications.
- 4. SERVICES PROVIDED Delivering telemedicine services involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, subspecialists, and/or other allied healthcare professionals. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following: Patient medical records Medical images Medical test results Live two-way audio and video Output data from medical devices and sound and video files Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. Responsibility for the patient care should remain with the patient’s local clinician, if you have one, as does the patient’s medical record. eDoctar provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Providers”) in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. Expected Benefits Improved access to medical care by enabling a patient to remain in his/her local healthcare site (i.e. home) while the physician consults and obtains test results at distant/other sites. More efficient medical evaluation and management. Obtaining expertise of a specialist. Possible Risks As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to: In rare cases, the consultant may determine that the transmitted information is of inadequate quality, thus necessitating a face-to-face meeting with the patient, or at least a rescheduled video consult; Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment; In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;
- 5. INFORMED PATIENT CONSENT
- 8. REGISTRATION As part of the registration process, you will provide an email address and create a password. These are your identifier for accessing the Services that are only available to members. You should keep your identifier and password private and not share with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to email@example.com.
- 11. LIMITATIONS ON USE You agree that you will not use the Services for any service that must be provided to you by your regular physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as required by your health care plan. You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of eDoctar to impersonate another person or misrepresent authorization to act on behalf of others or eDoctar. All messages transmitted via eDoctar should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of eDoctar, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting. You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
- 12. OPERATIONAL FUNCTIONALITY eDoctar reserves complete and sole discretion with respect to the operation of the eDoctar Services. eDoctar may, among other things withdraw, suspend or discontinue any functionality or feature of the eDoctar Services. eDoctar is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers.eDoctar is not responsible for maintaining information arising from use of the Site or in respect of the Services.Subject to applicable law, eDoctar reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Site or in connection with the Services in accordance with its internal record retention and/or destruction policies.
- 14. DISCLAIMER AND LEGAL NOTICES YOU ACKNOWLEDGE THAT YOUR USE OF THE eDOCTAR SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW MID AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, eDOCTAR AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE MID PRODUCTS AND SERVICES PROVIDED HEREUNDER. eDOCTAR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE eDOCTAR SERVICES. eDoctar does not endorse the promotions, products, or services of any third parties. eDoctar does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. eDoctar does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites. Medical Disclaimers: eDoctar makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of eDoctar. You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. eDoctar does not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem. Furthermore, eDoctar is not a substitute for your primary care physician. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that eDoctar does not provide medical advice, diagnosis, or treatment strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers. Content Disclaimers: No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by eDoctar. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. eDoctar makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
- 15. SERVICE RELIABILITY AND WARRANTIES eDoctar makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by eDoctar employees. eDoctar is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. eDoctar will take commercially reasonable precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that eDoctar shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. eDoctar may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
- THIRD PARTY PROTECTION The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of eDoctar, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- 19. FORCE MAJEURE Notwithstanding anything herein to the contrary, eDoctar shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
- 20. ASSIGNMENT
A. Telemedicine is the delivery of health care services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telemedicine consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology, and the Provider may perform a physical exam through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a legal document.
B. The telemedicine services you receive from medical professionals on the platform are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. We may make arrangements for follow-up care either through the Provider, a health systems partner, or other health care providers. If the transmission fails during your eDoctar teleconsultation Service is improved access to health care professionals and convenience. However, there are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:
1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.) ;
2. Delays in evaluation or treatment could occur due to failure of the electronic equipment;
3. In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
4. Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.
1. You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;
2. You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received eDoctar’s privacy practices which describe these protections in more detail;
3. You understand that you are fully responsible for payment; and you understand your Provider, in his or her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the eDoctar platform. I have read and understand the information provided above regarding telemedicine, have discussed it with my physician or such assistants as may be designated, and all of my questions have been answered to my satisfaction. I have read this document carefully, and understand the risks and benefits of the teleconferencing consultation and have had my questions regarding the procedure explained and I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.