THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN TELECARE HEALTH LTD. (“TeleCare”, “WE” OR “US”) AND “YOU”.  THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL WWW.TELECARE.BIZ (AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.TELECARE.BIZ BY TELECARE, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “SITE”).  UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT TELECARE PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM AN ELECTRONIC OR MOBILE DEVICE (A “MOBILE APPLICATION”).  BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

 

Agreement to Terms

This website is owned and operated by TeleCare Health Ltd. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. Our services are provided through the Site (which may include Mobile Applications), which is a telehealth online solution that allows participating medical professionals and allied health personnel (“Healthcare Providers” or “Providers”) to communicate with their clients and patients (“Patients”) to provide health care services online and perform virtual house calls via a secure Internet connection (the “Services”).  The medical provider is responsible for providing all clinical care to you, which may or may not include a prescription.

TeleCare Health Ltd. is not a medical service provider, health insurance company, or licensed to sell health insurance. TeleCare Health Ltd. does not provide medical services. All medical services made available through the platform or application are provided by independent medical providers and professional organizations that use the platform or application as a way to communicate with you.

The platform or mobile application, associated websites and web applications, and the content therein, are NOT for medical emergencies or urgent situations, is not a medical device intended to provide a medical diagnosis, and do not constitute professional medical advice, treatment, or recommendations of any kind, but do help you to provide information to a physician or other qualified healthcare provider for certain services. The Services are not intended for use by healthcare providers and patients in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a healthcare provider or the patient.

THE USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

While the Services may provide access to certain general medical information, and also allow patients to communicate with health care providers, the Services we provide on the website cannot and are not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.  THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR health care providers FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.  NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  FURTHER, A HEALTH CARE PROVIDER’S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by TeleCare.

To the extent medical advice is provided to you by a health care provider through the Services, such medical advice is based on your 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 the control of TeleCare Health Ltd, nor is it provided to or used by TeleCare Health Ltd.

Any information or advice received from a qualified health provider comes from them alone, and not from TeleCare Health Ltd. Your interactions with the clinicians via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither TeleCare Health Ltd. nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained with the platform or application. TeleCare Health Ltd. does not endorse any specific tests, physicians, medications, products, or procedures that are recommended by clinicians that may use the Application to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the clinicians via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. TeleCare Health Ltd. does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.

Even though you may have arrived at the platform or application through a website or mobile application operated or controlled by a third party, including by an affiliate of TeleCare Health Ltd., you understand and agree that this Agreement is entered into between you and TeleCare Health Ltd. You also understand and agree that the platform or application is provided solely by TeleCare Health Ltd. and no other parent, subsidiary, or affiliate of TeleCare Health Ltd.

You agree that when you use or enter the platform or application, you affirmatively consent to conduct business electronically and agree to the Telemedicine Consent with TeleCare Health Ltd. and engage in health-oriented activities with health professionals and professional organizations affiliated with TeleCare Health Ltd., and such processes have the same force and effect as your written signature.

By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Access to the Platform

To use our website and/or receive our services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

You may access and use the Platform via remote access connectivity. TeleCare Health Ltd. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the platform per these Terms and Conditions.

To use the platform services, you must safeguard the appointment information that was issued to you and you must not disclose this information to anyone. You must immediately notify TeleCare Health Ltd. of any unauthorized use of your email or user information or any other breach of security that you become aware of involving and relating to the platform by email to info@telecare.biz.

 

Key Commercial Terms

When buying an item or service, you agree that: (i) you are responsible for reading the full item listing before committing to buy it: (ii) you enter into a legally binding contract to purchase an item or the service when you commit to buy an item or service and you complete the check-out payment process and/or the scheduling of service.

The prices we charge for using our services/for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. 

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a transactional or monthly basis to your payment method as the service warrants.

 

The Right to Change Service Offerings:

We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of intellectual property, copyrights, and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of TeleCare Health Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content.

 

Prohibited uses

In using the Websites and Platforms, you agree not to:

• Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

• Misrepresent your identity or affiliation in any way;

• Restrict or inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;

• Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;

• Gain unauthorized access to the Websites and Platforms, to other users' accounts, names, personally identifiable information, or other information, or other computers or websites connected or linked to the Websites and Platforms;

• Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

• Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

• Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;

• Violate any applicable laws or regulations in any way;

• Alter or modify any part of the content or services offered on or through the Websites and Platforms;

• Allow any other person to use the Platforms with your registration or login information;

• Breach or otherwise circumvent TeleCare Health Ltd.’s security or authentication measures;

• Assist or permit any persons in engaging in any of the activities described above.

 

Right to suspend or cancel a user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Indemnification

You agree to defend and indemnify and hold TeleCare Health Ltd., its developers, officers, directors, employees, shareholders, third-party contractors, licensors, suppliers, affiliates, and owners harmless from any claims, actions or demands, loss, liability, damages, costs/expenses, claims or expenses (including attorneys’ and accounting fees), resulting from directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to TeleCare Health Ltd. of any other information or data and the use of same by TeleCare Health Ltd. or other TeleCare Health Ltd. party as contemplated hereunder.

IN NO EVENT SHALL TeleCare Health Ltd. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TeleCare Health Ltd. shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond TeleCare Health Ltd.'s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall TeleCare Health Ltd., be liable for any indirect, punitive, incidental, special, Tort (including negligence), consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, TeleCare Health Ltd. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Patient and Health Care Provider Responsibilities

If you are a Patient, you accept responsibility for yourself in the use of the Services.  You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services 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 TeleCare Health Ltd. liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). 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).

If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also 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.  For example, you are responsible for obtaining all National, International, and local licenses, authorizations, and certifications that may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

You are also responsible for obtaining Patient consent if required by law and complying with all privacy laws applicable to the use of this Service with your patients; this may include the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  TeleCare Health Ltd. has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality of that of your patients.  You will be asked to enter a HIPAA business associate agreement with TeleCare Health Ltd.

 

External links

The Website and Platform may contain links to third-party websites. Linked sites are not under the control of TeleCare Health Ltd., and TeleCare Health Ltd. is not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that TeleCare Health Ltd. endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. TeleCare Health Ltd. disclaims all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

 

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by TeleCare Health Ltd. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and TeleCare Health Ltd. assumes no responsibility for the accuracy or veracity of any statement made by such third party.

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we materially change the Terms, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or the Services.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims (by jury trial or class action) and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Belize, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by enforcing arbitration procedures as the sole dispute resolution mechanism, or a court of competent jurisdiction located in Belize City, Belize. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Customer support details & contact information

Questions, notices, or communication to TeleCare Health Ltd. can be done at:

PO Box 543

Belize City,

Belize

info@telecare.biz

 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Please note that we do not control how third parties manage their opt-out processes. Your web browser may have settings that allow you to transmit a "Do Not Track" signal when you visit various websites or use online services. Like many websites, TeleCare.biz is not designed to respond to "Do Not Track" signals received from website browsers.

 

Notice to International Visitors

We are based in Belize. When we obtain information about you, we may transfer, process, and store such information in Belize and other countries. By using the TeleCare Health Ltd. services, you consent to the transfer to, and to the processing and storage of your information in, countries outside of your country of residence, which may have different data protection laws than those in the country in which you reside.