Membership Terms and Conditions
Effective from: Sep 01, 2021
BY CLICKING “AGREE” OR SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS MEMBERSHIP TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS MEMBERSHIP TERMS AND CONDITIONS, DO NOT CLICK AGREE, OR DO NOT SIGN; AND DO NOT MOVE FORWARD. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “AGREE” BUTTON OR SIGNS ON YOUR BEHALF.
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DOCTORHERE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “BINDING ARBITRATION AND CLASS WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION.
In this Membership Terms and Conditions (this “Agreement”), the terms “you” and “yours” refer to the person who is creating a patient account with DoctorHere, or in the case of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the creation of such account by such minor, and (ii) the minor for whom consent is being provided.
CONSENT TO TREATMENT AND USE OF TELEHEALTH IN THE DELIVERY OF CARE
You acknowledge and agree that you have requested to receive medical treatment and services from Providers, and you consent to the rendering of medical treatment and services as considered necessary and appropriate by Providers at the time of the visit. You have the right to decline treatment and services at any time. You also acknowledge that no assurances or guarantees have been made to you by Providers concerning the outcome and/or results of any medical treatment or services.
To provide you with treatment, it is important that your Providers have accurate information about your health and symptoms. Accordingly, you agree that you will not knowingly provide inaccurate information about your health or symptoms in connection with seeking treatment or using the Services. Any intentional misrepresentations about your health or symptoms may result in our terminating your use of the Services.
Your Providers may use or rely upon certain technology in the delivery of your care. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following:
Electronic transmission of medical records, photo images, personal health information or other data between a patient and a healthcare provider
Interactions between a patient and healthcare provider via audio, video and/or data communications
NO EMERGENCY CARE
DoctorHere’s Site and Services are not for medical emergencies or urgent situations. If you have an emergency, such as chest pain, severe shortness of breath, severe headache or bleeding, call 911 or proceed directly to the nearest hospital emergency room. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended.
DoctorHere does not participate with or bill commercial health insurance plans or federal healthcare programs such as Medicare or Medicaid. DoctorHere providers may recommend you receive services not offered by DoctorHere (e.g., specialty services, diagnostic tests), but in no event will DoctorHere be responsible for any resulting medical bills or fees.
NO ACCOUNT SHARING
By purchasing a subscription to DoctorHere services, you acknowledge and agree that you will not share your paid membership account with any other individuals. Sharing your individual account with other individuals for the use of Services will be cause for our terminating your account.
If you purchase a Subscription to DoctorHere services, we may ask you to supply certain information relevant to your purchase, including, your credit card number, the expiration date of your credit card, your billing address, and payment verification information (collectively, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a purchase, you authorize us to provide your Payment Information to our third party payment processors so we can complete your purchase and charge your payment method(s) for the Subscription you have selected. You may, in some cases, need to provide additional information to verify your identity before completing your purchase. You agree that your purchase of a Subscription is neither contingent on the delivery of any future services, functionality or features, nor dependent on any oral or written comments made by Medihere, DoctorHere or the Providers regarding future services, functionality or features.
At the time of your purchase of a Subscription, you will be charged the then-applicable Subscription fee (the “Subscription Fee”) as outlined in the Platform or otherwise provided to you at the time of purchase. Thereafter, we or our third party payment processor will automatically charge you the then-applicable Subscription Fee on a monthly or annual basis, depending on which Subscription you chose.
Your Subscription continues until cancelled by you or we terminate your Subscription in accordance with this Agreement. In the event that your credit card expires or Medihere, DoctorHere or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method.
Your Membership Fee is non-refundable except as set forth below:
· If you wish to cancel your membership before your first visit with the doctor, you may request a full refund and withdraw from our program.
· If you wish to cancel after your first visit with the doctor, you will not be eligible for refund.
· If you wish to cancel your subscription, you will be charged a cancellation fee of the membership fee you subscribed to your registered card in addition to your paid membership fee. You will have full access to DoctorHere services during your
· Refunds take 5-7 business days to be processed and reflected in your account.
You are required to submit a cancellation request at least ten (10) business days prior to the scheduled payment date (Billing cycle) to cancel your DoctorHere membership.
Please email email@example.com with the subject line “Membership Cancellation Request” in order to cancel your membership.
Subject to applicable laws and regulations, we may terminate your Subscription, including your right to visit the Providers or access the Service, and this Agreement at any time, in our sole discretion. Upon notice of termination, you will be entitled to receive the services included in your selected Membership Option until the effective date of termination. If we terminate your Subscription due to your breach of this Agreement or any other agreement between you and Medihere or DoctorHere, you will not receive a refund for any pre-paid Subscription Fees.
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements. This Agreement may be amended only in writing signed by all parties. Notwithstanding the foregoing, DoctorHere may, upon at least ninety (90) days’ notice to you, unilaterally amend the Membership Fees and Membership Payment Schedule at any renewal period of this Agreement and/or amend this Agreement if required by applicable law. Upon receipt of such notice, you may accept these changes or reject them by immediately terminating your Membership.
ANY TECHNOLOGY USED IN THE DELIVERY OF CARE, INCLUDING THE SERVICE OR OTHERWISE MADE AVAILABLE TO YOU BY MEDIHERE OR DOCTORHERE IS ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF SUCH TECHNOLOGY IS VOLUNTARY AND AT YOUR SOLE RISK. MEDIHERE OR DOCTORHERE TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO ANY SUCH TECHNOLOGY. NEITHER MEDIHERE NOR DOCTORHERE WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY SUCH TECHNOLOGY AND SERVICES. MEDIHERE DOES NOT WARRANT THAT ANY TECHNOLOGY AND SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, OR ANY ADVERSE INCIDENT.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL MEDIHERE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE PROVIDER(S) (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEDIHERE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE THE PLATFORM, THE CONTENT OR THE SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
BINDING ARBITRATION AND CLASS WAIVER
You, Medihere and DoctorHere agree that all disputes, controversies and claims related to this Agreement, any medical care or treatment provided by DoctorHere or Providers, or any technology, including the Service provided to you by or on behalf of any Medihere or DoctorHere Party, including any allegations of medical malpractice or product liability (each a “Claim”), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
YOU EXPRESSLY AGREE THAT ANY CLAIM, INCLUDING ANY CLAIM RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION ON AN INDIVIDUAL BASIS. YOU EXPRESSLY AGREE THAT NO OTHER DISPUTES SHALL BE CONSOLIDATED OR JOINED WITH YOUR DISPUTE, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.