Texas Medical Concierge LLP, a Texas Corporation dba,(“Texas Medical Concierge”) is a service provider that helps persons who subscribe to its Services (“Subscribers”) consolidate and manage their health records. These terms and conditions (“Terms”) govern your use of our website located at www.texasmedicalconcierge.in (“Site”)and the information, tools, software, features and functionality, including content, updates and new releases, located on the Site (collectively, the “Services”).
WHEREAS Texas Medical Concierge intends to protect the privacy and provide for the security of protected health information disclosed to “subscribers” in compliance with HIPPA, the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), and regulations promulgated thereunder, and as may be amended from time to time, Texas Health & Safety Code section 181 and Texas Business and Commerce Code section 521, and other applicable laws; and
- Eligibility: You may not use any of the Services and you may not accept these Terms if you are not legally authorized to accept and be bound by these Terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Texas Medical Concierge.
- Acceptance of Agreement: These Terms set forth the legally binding terms for your use of, and access to, the Services. By clicking the “I AGREE” button, or by using any of the Services, you agree to be bound by these Terms as of such date (the “Effective Date”). If you do not agree to be bound by these Terms, do not use / access the Site and/or the Services.
- License grant to the Services: Texas Medical Concierge hereby grants you a limited, non-exclusive and non-transferable membership, during the time period commencing from the date when you begin using or accessing the Services and expiring upon termination of the Services in accordance with these Terms, to use and access the Services as described herein, to all users specifically not for those within the European Union. All rights, title, and interests in and to the Services not expressly granted in these Terms are reserved by Texas Medical Concierge. If you wish to use Texas Medical Concierge’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features and/or other content owned by Texas Medical Concierge, you must obtain written permission from Texas Medical Concierge.
- Membership restrictions: Except as specifically provided for in these Terms, the membership does not permit you and/or any third party (directly or indirectly, in whole or in part) to: (a) reverse engineer or attempt to derive the source code from or create derivative works of the Services, or any portion thereof; (b) use the Services in a greater capacity than identified in these Terms or intended by Texas Medical Concierge; (c) sublicense the right to use or access the Services, in any manner, (d) access, use, or copy any portion of the Services to directly or indirectly develop, promote or support any product or service that is competitive with the Services, (e) lease, rent or commercially share or otherwise use the Services for purposes of providing a service bureau or providing third party hosting, application service provider type services; (f) remove any identification, patent, trademark, copyright, or other notice from the Services; (g) interfere with or disrupt the integrity or performance of the Services or data contained therein; (h) attempt to gain unauthorized access to the Services, including access to other Texas Medical Concierge customer’s data; (i) disclose or publish, without Texas Medical Concierge’s express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Services; (j) use any name, mark, or designation of Texas Medical Concierge, or any of its affiliates or licensors or their respective products or services, unless expressly permitted, herein, or by Texas Medical Concierge in writing; (k) use the Services in connection with any activity which may result in tangible or intangible property damage, or death of or serious body injury to any person; and (l) use the Services, including the transmission of User Content (defined hereinafter), in any manner that violates in any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign. Texas Medical Concierge reserves the right to block, without liability, any User Content or Account (defined hereinafter) that violates these Terms.
- Description of Services: Texas Medical Concierge enables you to input personal information, text, photos and health information into the Site (“User Content”) and provides you with the ability to aggregate and combine your electronic health records, fitness and genomic data. We provide you with the ability to control, manage, and share your aggregated data, on your terms, through Texas Medical Concierge.] We will never sell your data without your consent.
- Use of the Services: You agree and undertake that information provided by you in relation to your Account (“Account Information”) will always be accurate and up-to-date. It is your responsibility to keep your Account Password (defined hereinafter) and/or other log-in credentials related to your Account confidential at all times and you are solely responsible to Texas Medical Concierge for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Texas Medical Concierge by contacting us at email@example.comTexas Medical Concierge may require that you change your Account Information, or certain parts of your Account Information, at any time and for any reason. Unless Texas Medical Concierge expressly allows you to create and manage multiple Texas Medical Concierge IDs as an account administrator for a company or unless otherwise expressly permitted, you can only use and access your Account and Account Information and may not use any other person’s Account or Account Information. You must provide true, accurate, current and complete information and may not misrepresent any information provided by you, including:
- in your [Registration Information form]
- in your [Medical History Form];
- to third-party providers/websites who manage your medical information,
- on the HIPPA Form, and/or
- in our “Patient Portals]” setup forms.
Your access and use of the Services may be interrupted from time to time for any reason, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or the Services or other actions that Texas Medical Concierge, in its sole discretion, may elect to take. In no event will Texas Medical Concierge be liable for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Site or the Services.
YOU ACKNOWLEDGE AND AGREE THAT WHEN TEXAS MEDICAL CONCIERGE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, TEXAS MEDICAL CONCIERGE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF, OR ON BEHALF OF, THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties who are accessible through the Services. Texas Medical Concierge is not responsible for errors or fees or other Services related issues, including those issues that may arise from inaccurate account information.
- Medical Disclaimer: Texas Medical Concierge is NOT a licensed medical care provider or health insurance carrier and does not practice medicine or dispense medical or health-related advice. None of the Services are INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN AND/OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY.THE SERVICESARENOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A PHYSICIAN-PATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE. THE DETERMINATION OF NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO PROVIDE A PATIENT ARE DECISIONS THAT SHOULD BE MADE ONLY BY A LICENSED HEALTHCARE PROVIDER.
- Amendments: Texas Medical Concierge may modify these Terms at any time by updating this posting. You are bound by any such modification(s) and should therefore visit this page periodically to review these Terms. Your continued use of the Site after a modification signifies your agreement to the modification. You are deemed to accept and agree to be bound by any changes to the terms when you use the Service after those changes are posted on the website. If you have any questions about these Terms, please contact us at Email: firstname.lastname@example.org.
- Creating an Account: In order to access the Services, you must create an account (“Account”). When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information including your name, a valid email address, a mailing address, and a strong password (collectively, your “General Information”). You authorize Texas Medical Concierge to make any inquiries that we consider necessary to validate and/or verify your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Texas Medical Concierge cannot verify your identity, we can refuse to allow you to use the Services. You are responsible for all activity that occurs in association with your Account. Texas Medical Concierge is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account Information and / or Account Password. If you become aware of any unauthorized use of your General Information, Account Information or Account Password, you agree to notify Texas Medical Concierge immediately at the e-mail address – email@example.com
- Passwords: When you sign up for an account for the Services you will be asked to create a user name and password for secured access to the Services (the “Account Password”). You are entirely responsible for maintaining the confidentiality of your user name and Account Password. You agree not to disclose your user name and Account Password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your user name and/or Account P You are solely responsible for any and all use of your Account.
- Account Information from third party sites / providers:
Subscribers may direct Texas Medical Concierge to retrieve their own [Patient Information] maintained by third-party providers with which they have patient relationships and/or on third-party sites. Subscribers may provide us their credentials for third-party providers or fill out and sign Health Insurance Portability and Accountability Act release authorization forms (“HIPPA Form(s)”) and direct Texas Medical Concierge to send such forms to third-party providers with a record request cover sheet so that Texas Medical Concierge may receive such Patient Information in paper or electronic form and upload such Patient Information to your account.]
By becoming a Subscriber and linking the Account to third-party provider accounts online or executing a HIPPA Form, you acknowledge that you are requesting Texas Medical Concierge to obtain your Patient Information for your account and to communicate with third-party providers concerning your Patient Information.
Texas Medical Concierge may review the Patient Information received from third-party providers to normalize and label data for display, but Texas Medical Concierge is not responsible for any errors in the Patient Information resulting from such review process. Texas Medical Concierge makes no effort to review the Patient Information for any other purpose, including but not limited to accuracy, legality or non-infringement. Texas Medical Concierge is not responsible for any Patient Information provided by third-party providers or their patient portal sites.
You acknowledge that Texas Medical Concierge is not responsible for the way in which data is displayed on the Site or through the Service. By way of example, if two-third-party providers use different reference ranges for Patient Information, then Texas Medical Concierge may display both those data points on the same graph using the more commonly used reference range. You acknowledge that there may be delays in record request processing from third-party providers. Texas Medical Concierge may be unable to obtain some or all of your Patient Information and cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient Information.
- User Conduct: You agree to adhere to the below code of conduct, while using the Site, and/or Services, and you agree not to:
- restrictor inhibit any other visitor or Subscriber from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- express or imply that any statements that you make as endorsed by us;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or the Services;
- remove any copyright, trademark, or other proprietary rights notices contained on the Site or the Services;
- “frame” or “mirror” any part of the Site or the Services without our prior written authorization;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- harvest or collect information about Site visitors or members without their express consent;
- any material, non-public information about companies without the authorization to do so;
- any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;
- any trade secret of any third party; or
- any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
- any job posting involving any franchise, club membership, distributorship or sales representative agency arrangement or other business opportunity;
- any software or other materials that contain any virus, worm, time bomb, trojan horse, or other harmful or disruptive component; and/or
- the link to any page of, or material on, the Site, other than the URL located at www.myhealthcaddy.com.
- You can terminate the Services at any time by providing thirty (30) days of prior written notice to firstname.lastname@example.org. We need this period to deactivate your Account, only after verifying if there are any ongoing or pending Services or payments. We may want you to continue until the completion of an on-going Service should the situation warrant. You shall be obligated to pay for any Services for which you have procured.
- Texas Medical Concierge has the right to terminate your Account in case:
- at any time by giving notice to you;
- you breach any terms and conditions set out under these Terms;
- we are unable to verify or authenticate any information you provide to us;
- you do not accepts any change or amendment to these Terms;
- we believe in our sole discretion that your actions may cause legal liability for you, our Subscribers or are contrary to the interests of the Services.
- Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Services under the same Account, a different Account or re-register under a new Account. On termination of your Account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material you keep on the Site or stored and kept through Services. Please ensure that you have a continuous backup of information you have rendered on the Site or in relation to availing the Services in order to comply with your record keeping process and practices.
- In the event we suspend or terminate your registration or Account, we reserve the right, but not an obligation, to notify other Subscribers and provide them the reason for the action that we have taken.
- Even after termination, certain obligations mentioned under Disclaimer of Representations and Warranties (paragraph 19), Limitation of Liability (paragraph 21), Indemnification (paragraph 24), Intellectual Property (paragraph 16), and Dispute Resolution (paragraph 20) will continue and survive termination.
- Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, and limitations of liability.
- Fees and Payment Term:
- Billing, Fees& Taxes: You agree to pay all membership fees, subscription fees, consulting fees and other fees applicable to your use of Services and you shall not circumvent the fee structure. [The fee is dependent on the [User Plan] that you purchase and not on actual usage of the services.]
- All fees are non-refundable.
- You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting’s. Texas Medical Concierge is in no way responsible for any of the taxes except for its own income tax.
- Intellectual Property: Texas Medical Concierge grants you a limited license to access and, if you are a Subscriber, to use this Site internally for the Services of ordering, receiving, delivering and communicating only as per these Terms. You must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Sitein anyway other than those listed in this Agreement, including for any public or commercial purposes. You must not use any content of this Site on any other website or in a networked computer environment for any purpose other than your own viewing. You shall not reverse engineer or attempt to interfere with the operation of any part of this Site or of any Services. Texas Medical Concierge retains all its rights, title and interest in all copyrights, know-how, trade secrets, trademark, logo, the name Texas Medical Concierge, and the name Texas Medical Concierge, content, design and features on the Site. All other product names, marks, logos, symbols used on the Site and for the Services may be the trademarks of their respective owners.
- Notices, Communications and Solicitation:
- Texas Medical Concierge communicates with you through the email address you have provided us.] It is your responsibility to keep your email address updated at all times. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. Our Emails to you may include your Login ID, general information about your Account, and/or certain details regarding your physician visits, including, but not limited to:
- name of a physician,
- the specialty or practice name of a physician,
- the name of the procedure conducted at such visit or the type of exam and/or
- appointment dates,
in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser. If you fail to respond to an email message regarding violation, dispute or complaint within two (2) business days, we reserve the right to terminate or suspend your Account.
- We give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.
- Rights you grant us:
- By using the Service, you expressly authorize Texas Medical Concierge to access your Patient Information maintained by identified third parties, on your behalf as your agent.
- When you fill out and sign a HIPPA Form and submit it to Texas Medical Concierge, you authorize Texas Medical Concierge to send your HIPPA Form via fax, e-mail, or mail to the third-party provider(s) you have identified. You hereby authorize and permit Texas Medical Concierge to use and store information submitted by you (such as HIPPA Forms, account passwords and usernames) to accomplish the foregoing, including submitting your HIPPA Form to third-party providers, and to configure the Service so that it is compatible with the third-party sites for which you submit login information. When you use the “Add Online Health Accounts” feature of the Service, you will be directly connected to the website for the third party provider you have identified, and Texas Medical Concierge will submit information (including usernames and passwords) that you provide to log you into such third-party sites. For purposes of providing the Patient Information to you as part of the Service, you grant Texas Medical Concierge a limited power of attorney, and appoint Texas Medical Concierge as your attorney-in-fact and agent, to access third-party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities.
YOU ACKNOWLEDGE AND AGREE THAT WHEN TEXAS MEDICAL CONCIERGE IS REQUESTING PATIENT INFORMATION FROM THIRD-PARTY PROVIDERS OR ACCESSING AND RETRIEVING PATIENT INFORMATION FROM THIRD-PARTY SITES, TEXAS MEDICAL CONCIERGE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
- Disclaimer of Representations And Warranties
- You acknowledge and agree that the contents of the Site and its Services, do not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and are not intended to, nor should be used to, replace professional medical advice. In no circumstances should the contents of the Site and the Services be relied upon without independent, consideration and confirmation by a qualified medical practitioner.
- While the Services provide alerts and warnings to interactions of certain pharmaceutical products, Texas Medical Concierge does not represent or warrant that the list of such interactions in the Services is complete or comprehensive.
- [The Services provide alerts to interactions of certain pharmaceutical products with certain diseases as well as warnings noted in the [Product Information] of individual pharmaceutical company products (“Alerts & Warnings”).] Texas Medical Concierge does not represent or warrant that the data set used by the Services to produce these Alerts & Warnings is complete or comprehensive.
- The information on the Site is provided on an ‘as is’ basis and any Alert& Warning(or lack thereof) does not constitute a recommendation or advice by Texas Medical Concierge to take or refrain from taking any course of action including, but not limited to, the prescription of a particular pharmaceutical product.] Texas Medical Concierge does not recommend, advice or warrants that the information provided by pharmaceutical companies and clinical sources is correct or true. Subscribers act at their own risk.
- Any messages, data, image or document sent or received utilizing the Services messaging facility by you (where messages can be sent or received by the Site to or from the internet and external software or systems) are sent or received at your own risk.
- Texas Medical Concierge shall not be liable for any loss, claim, damage or injury arising from the non-receipt of or a failure to deliver a message or if any message is incomplete, corrupted or in error. You should communicate separately with external message/data senders or recipients to verify the receipt of messages utilizing the Site’s messaging facility.
- The Services provided by Texas Medical Concierge [or any of our licensors or providers] are provided “as is”, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Site by any third party.
- You are solely responsible for compliance with all applicable laws, including patient history, medical records, confidential information and privacy laws. Texas Medical Concierge is in no way responsible, liable, accountable for Patient Information available on the software provided by Texas Medical Concierge.
- Dispute Resolution And Arbitration: [●]
- This Agreement shall be exclusively governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable. The sole, exclusive and mandatory venue for any disputes arising from or concerning this Agreement shall be in the state or federal courts located in Harris County, Texas.
- Limitation Of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL TEXAS MEDICAL CONCIERGE, ITS SUBSIDIARIES, PARTNERS, OR AFFILIATES, BE LIABLE TO YOU FOR: (A) PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM OR RELATING TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE (EVEN IF TEXAS MEDICAL CONCIERGE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR DOCUMENTATION, SERVICE INTERRUPTIONS, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR TEXAS MEDICAL CONCIERGE’S OR YOUR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE; OR (B) EXCEPT AS REQUIRED UNDER APPLICABLE LAW, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM YOUR FAILURE TO PROVIDE TEXAS MEDICAL CONCIERGE WITH ACCURATE INFORMATION OR A THIRD PARTY’S FAILURE TO CORRECTLY VERIFY SUCH INFORMATION. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of Texas Medical Concierge and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use the Site or the Services will at all times be limited to a maximum of [$500.00 (five hundred united states dollars) in aggregate]. These limitations will apply even if the above stated remedy fails of its essential purpose.
- Changes to Service: From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Your use of the Services does not entitle you to the continued provision or availability of the Services. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
- Indemnification: You agree to defend, indemnify, and hold Texas Medical Concierge, its officers, directors, employees, agents, licensors, telemedicine doctors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from, your use of the Services; your breach of these Terms; or your violation of any applicable laws, rules or regulations in connection with your use of the Services; any General Information, Patient Information, User Content or Account Information submitted, posted, transmitted, or provided by you; or your violation of any third party’s rights, including confidentiality, property, privacy and intellectual property rights.
- Telemedicine Consultations
- You are advised not to use the Texas Medical Concierge online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medico legal cases or if You are in a critical condition.
- If you are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. Texas Medical Concierge will not be responsible or liable for any harm or loss that you may suffer if you elect to access those Services.
- All Users, who are patients, and who opt for telemedicine consultation services, may be required to declare medical history, medication history and medical status before telemedicine consultation can be provided.
- Telemedicine consultation services are provided at the consent by the User and the same shall not be considered as a replacement for physical consultation and the services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if you are issued with a prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. Texas Medical Concierge reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
- Telemedicine consultations may be provided via Telephones / Mobiles with and without camera at the sole discretion of physician. Texas Medical Concierge would make all efforts to protect Your privacy and confidentiality across Telemedicine Consultation..