CONSENT TO CARE

 

 You hereby consent and authorize the treating providers you engage through the use of the Drs. On Calls (“Site”), to provide routine medical care and treatment, such as physical exams, diagnostic procedures, treatment of illnesses and injuries, and/or make necessary referrals. You acknowledge that other types of healthcare professionals such as nurses may take part in the provision of care under the supervision of physicians.

 

 You certify that a physician or health care professional has explained the nature, benefits, and risks of any procedure or treatment provided by any treating provider you engage through the site. You have been given the opportunity to ask questions about any concerns regarding the procedure, consultation or treatment to be provided by any treating provider you engage through the Site.  

 

 To the extent the patient is under the age of 18, you represent you are the patient’s parent or legal guardian and are duly authorized under state law to act on behalf of the minor.  All references to “you” shall be deemed to include the minor patient where such reference applies to the individual receiving care or treatment. 

 

 CONSENT TO TELEMEDICAL CARE

 Introduction

 Telemedicine involves the use of audio, video or other electronic communications to interact with you, consult with your healthcare provider and/or review your medical information for the purpose of diagnosis, therapy, follow-up and/or education. During your telemedicine consultation, details of your medical history and personal health information may be discussed with you or other health professionals through the use of interactive video, audio or other telecommunications technology. Additionally, a physical examination of you may take place, and video, audio, and/or photo recordings may be taken.

 

 Electronic systems used will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

 

 Anticipated Benefits

 Improved access to medical care by enabling a patient to remain in his/her location while the physician may provide care from a distant site.

 

 More efficient medical evaluation and management

 Obtaining expertise of a distant 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 some cases, the forwarding information is insufficient (such as inadequate image clarity) to make the decision to provide advice from the service provider.
• Delay of consideration Can be caused by the abnormality of electronic tools. If these events occur. You may be contacted by telephone or other communications.
• In some cases, restrictions on access to your medical records may result in complications or drug allergies or other errors.
• Although there are measures to protect the privacy and security of patient information, in some cases such measures may fail. 
• Delays in medical evaluation/treatment could occur due to deficiencies or failures of the electronic equipment.
• In rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
• In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors. 

 Acceptance of Terms and Conditions You acknowledge and understand and accept that:

 

·         You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed.

 

·         You understand that the laws that protect the privacy and security of health information apply to telemedicine, and that no information obtained in the use of telemedicine which identifies you will be disclosed to researchers or other entities without your authorization.

·         You understand that you have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time.

 

·         You understand that you have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee.

 

·         You understand that a variety of alternative methods of medical care may be available to you, and that you may choose one or more of these at any time. Your physician has explained the alternative to your satisfaction.

 

·         You understand that telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of state.

 

·         You understand that it is your duty to inform your physician of electronic interactions regarding your care that you may have with other healthcare providers.

 

·         You consent to receive protected health information via email or SMS text messaging and understand messages through these communication channels may not be secure.

 

·         If your health insurance does not cover the costs incurred through the service. You are responsible for the costs.

·         In psychiatric treatment, You will get information on how to treat it. Duration of treatment (if known) and cost. If you can consult with other psychologists or end your treatment.

Drs. On Calls is designed to offer information and a means to enable you to obtain telephonic and in-person consultations and treatment for common non-emergency medical conditions by facilitating the connection between you and nearby healthcare professionals through the use of the Site. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our Site, website, and related content and does not refer to the telephonic and in-person consultations and treatment that users receive from healthcare professionals. None of the website or Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. 

 

 The Site is designed to enable you to send a request for select non-emergency medical consultation services to a healthcare professional. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Site – detects your location. The Site identifies you to healthcare professionals who have licensed the Site from us and that have engaged us to provide administrative, scheduling, and other operational services. You will be able to select a health care professional who you wish will perform healthcare services you. After your selection, the Site then sends a message to the professional you selected that asks the professional whether he or she would like to provide you with the requested healthcare services. Health care professionals engaged by you through the Site do not accept Medicare or Medicaid. In the event a health care professional agrees to provide you with healthcare services, the Site schedules those services and bills you on behalf of the healthcare professional. We make no representation or warranty to you any health care professional will be available to perform health care services

 DRS. ON CALLS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTH CARE PROVIDER.  DRS. ON CALLS DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION BY ANY HEALTH CARE PROFESSIONAL, WHO ARE EACH RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. THE HEALTH CARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.

 

 Your Use of the Services

 You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason.

 You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Site for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Site for your device.

 By accessing or using the Services, you further agree that:

 • You will only use the Services for your sole, personal use and you will not resell them to a third party;

 • You will not copy or distribute the Services or other Services content;

 • You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;

 • You will not use the Services for any purpose in violation of local, state, federal or international laws;

 • You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;

 • You will not impersonate another person;

 • You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;

 • You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);

 • You will ensure that no unauthorized person shall have access to your mobile device or your Drs. On Calls passwords or accounts;

 • You will promptly notify us in the event your Drs. On Calls passwords or accounts have been compromised;

 • You will not assign or otherwise transfer your account to any other person or entity;

 • You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and

 • You will provide us with whatever proof of identity we may request.

 We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

 

 Our Right to Use User-Provided Content

 We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

 

 You acknowledge that Drs. On Calls only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

 

 Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

 

 You agree to indemnify and hold harmless Drs. On Calls, Drs. On Calls’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.

 

 

 Payment

 There is no charge to register with us or download the Site on your mobile device. You are charged only when you actually use the Services by scheduling a consultation with a healthcare professional. Each health care professional sets his or own fees for his or her time and services, but your payment to them includes a portion that is retained by us for our administrative Services in connection with the Site. We reserve the right to introduce a fee in the future for downloading the Site as registering with us. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.

 

 The rates that apply for the telephonic or in-person medical consultation services provided by the healthcare professionals can be found on our website and through the Site. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the medical services made available through the Site.

 

 Drs. On Calls shall, on behalf of the healthcare professional, charge you for the medical services provided to you by that health care professional. You agree that you will pay for all medical services you receive from the healthcare professional, and that Drs. On Calls may charge your credit card account, as provided by you when registering for the Services, for the medical services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Drs. On Calls with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.

 

 We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Site will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a healthcare professional), Drs. On Calls will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

 

 At present we do not process any insurance claims, nor will the healthcare professionals process claims on your behalf. Although the consultations/treatments you receive from health care professionals through the Site may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

 

 

 

 

 Disclaimer

 THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

 The Services are solely designed to enable you to obtain telephonic and in-person consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The services provided in the Site are here to help connect you to nearby health care providers only. Any information contained in the Services should not be relied upon as the basis of any health-care decision. The Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.

 

 

 NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR SITE OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS SITE TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

 

 

 We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Services.

 

 WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

 

 

 Limitation of Liability

 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL DRS. ON CALLS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF DRS. ON CALLS FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF DRS. ON CALLS WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.