In this agreement, the words "you" and "your" mean any person or that person’s authorized representative who accesses, registers or uses any product and/or service offered through our Website and/or Mobile Applications. The words "we","us" and "our" means I Online Doctor Inc. and its world-wide affiliates, which provide requested products or services.
Your access to and use of the website and/or mobile applications is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
If you wish to use and/or access any service made available through our website and/or mobile applications, you may be asked to supply certain information relevant to your Purchase including, without limitation, your personal health information, credit card information and any other information required to perform the Service.
You must be at least eighteen (18) years of age to use this website. By using this website and/or Mobile Applications; and by agreeing to these terms and conditions you warrant and represent that you are at least eighteen (18) years of age.
License to use Unless otherwise stated, I Online Doctor Inc. and/or its licensors own the intellectual property rights in the website and material on the website, as well as the mobile applications and material on the mobile applications. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Acceptable use You agree to the following with regards to usage of our website and/or mobile applications:
Consent to Participate in Telemedicine Consultation You consent to, agree to and understand the following with regards to usage of our website and/or mobile applications to participate in a telemedicine / video consultation:
Our Site and/or Mobile Application, allows participating Licensed Healthcare Providers to communicate with patients ("Patients") to provide health care services online and perform virtual house calls via Video Call (the "Services"). We are not a medical service provider, health insurance company, or licensed to sell health insurance.
To the extent medical advice and/or diagnosis provided to you by Online Healthcare Provider through the Services, such medical advice and/or diagnosis is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your health care provider is not under any control of the Company, nor is it provided to or used by the Company in any form.
Access to certain areas of our website and/or mobile applications is restricted. I Online Doctor Inc. reserves the right to restrict access to other areas of our website and/or mobile applications, or restrict access to entire website and/or mobile applications.
If Company provides you with a user ID and password to enable you to access restricted areas of our website and/or mobile applications or other content or services, you must ensure that the user ID and password are kept confidential.
Company may disable your user ID and password without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website and/or mobile applications, for whatever purpose.
You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Company the right to sublicense these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).
You must not submit any user content to our website and/or mobile applications that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Company reserves the right to edit or remove any material submitted to our website and/or mobile applications, or stored on servers, or hosted or published upon our website and/or mobile applications.
Notwithstanding, Company’s rights under these terms and conditions in relation to user content, Company does not undertake to monitor the submission of such content to, or the publication of such content on our website and/or mobile applications.
No warranties Our website and/or mobile applications are provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to our website and/or mobile applications or the information and materials provided on our website and/or mobile applications.
Without prejudice to the generality of the foregoing paragraph, Company does not warrant that:
Nothing on our website and/or mobile applications constitutes, or is meant to constitute, advice of any kind.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable.
If you believe that Company has charged you in error, you must contact us within 14 days of such charge. No credits will be given for any charges more than 14 days old. We reserve the right to issue credits at our sole discretion. If we issue a credit, we are under no obligation to issue the same or similar credit in the future. This refund policy does not affect any statutory rights that may apply.
You will be ineligible for a refund of any type; if at any time, you have behaved inappropriately or used inappropriate language.
You are responsible for monitoring your financial accounts and statements, and Company is not responsible for any charges actually or allegedly not authorized by any account holder.
You may cancel a previously booked appointment at any time.
Cancellation within 72 hours of the actual booked appointment will be charged to the full and will be completely non-refundable.
Cancellation prior to 72 hours of the actual booked appointment will be credited back in the form of Electronic Coupon (E-Coupon) sent to the registered Email ID of the Primary Account Holder. The E-Coupon so generated will be valid for a single time future use for a consultation in the similar category and specialization as the initially booked appointment. The E-Coupon so generated may be used only once and can not be transferred to any other users except for the Primary Account Holder.
Cancellation within 72 hours of the actual booked appointment for a Second Opinion will be charged to the full and will be completely non-refundable.
Cancellation prior to 72 hours of the actual booked appointment for a Second Opinion will be credited back in the form of Electronic Coupon (E-Coupon) sent to the registered Email ID of the Primary Account Holder. The E-Coupon so generated will be valid for a single time future use for a consultation in the similar category and specialization as the initially booked appointment for a Second Opinion. The E-Coupon so generated may be used only once and can not be transferred to any other users except for the Primary Account Holder.
Electronic Coupon (E-Coupon) generated are for a Single Use Only and do not have expiry date.
E-Coupon generated is for use within Company Website or Mobile Applications only. The use of E-Coupon is restricted to usage in the service, category and specialization as the original purchase and can not be transferred or assigned for any other use.
E-Coupon are issued only to the Primary Account Holder and can not be transferred or allocated to any other member.
E-Coupon can not be cashed or redeemed in any other form other than the usage specified while making the original purchase.
While using Company Site and/or Mobile Applications, you agree to meet the system requirements, including but not limited to having the required device, operating system, internet connection as well as any and all other requirements needed for us to perform our services.
If you are a Patient, you accept full and complete responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services on our Site and/or Mobile Applications is with your Healthcare Provider. You understand, full and completely accept that obtaining services through the Company’s Site and/or Mobile Applications, from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold the Company liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.
We do try and confirm the credentials of Healthcare Providers using our Services and do try to validate that they are in good standing with their respective licensure board(s). However, it is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s) at the time of using the Service.
If you are a Healthcare Provider, you accept full and complete responsibility for your Patients as well as yourself in the use of this Service. You are also fully and completely responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. You are fully and completely responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
If you are a Healthcare Provider, you are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients.
Company has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect privacy and confidentiality of your patients.
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company.
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The use of the Website, Mobile Applications’ Services and Content is at your own risk.
When using our Website and/or Mobile Applications, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Company. Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our Website and/or Mobile Applications.
The Company Website and/or Mobile Applications, and the content are provided on an "as is" basis. The Company, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Company, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Company Site and/or Mobile Applications. 2. The satisfaction of any government regulations requiring disclosure of information on products or services or the approval or compliance of any software tools with regard to the Content contained on the Company Site and/or Mobile Applications.
In no event shall Company, its licensors, its suppliers, or any third parties associated with Company be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Company Site, Mobile Applications or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company, its licensors, its suppliers, or any third parties associated with Company are advised of the possibility of such damages. Company, its licensors, its suppliers, or any third parties associated with Company shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Company, its licensors, its suppliers, or any third parties associated with Company are not liable for any personal injury, including death, caused by your use or misuse of the Site, Mobile Applications, Content, or Public Areas of the Site and/or Mobile Applications. Any claims arising in connection with your use of the Site, Mobile Applications, any Content, or the Public Areas must be brought within one (1) month of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
iOnlineDoctor may transfer, sub-contract or otherwise deal with iOnlineDoctor’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You agree not to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
This Website and Mobile Application originates from the State of Delaware. This Agreement will be governed by the laws of the State of Delaware without regard to its conflict of law principles to the contrary.
You expressly agree that exclusive jurisdiction for any dispute with Company or in any way relating to our website and/or mobile applications, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Any cause of action or claim you may have with respect to Company must be commenced within one (1) month after it arises, except to the extent such litigation is not enforceable.
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this agreement, shall not be considered waiver thereof. No single waiver shall be considered a continuing or permanent waiver.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term/s or condition/s or any other term/s or condition/s.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Site and/or Mobile Application infringe your copyright, you may request removal of those materials (or access thereto) by contacting Company and providing the following information:
Changes and Revisions We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we may try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us If you have any questions about these Terms and Conditions, please contact us by filling in details in our Contact Us form available on our website: www.ionlinedoctor.com or by mailing us with details at: 5201 Great America Parkway, Suite#320. Santa Clara, California, USA, 95134.
Credit This document was created using help of a Contractology template available at http://www.contractology.com.