Patient Terms & Conditions
USE OF THE SITE
eClinic.care operates a Telemedicine Platform and a website located at www.eClinic.care. It provides a Telemedicine Platform (referred to as “Platform”) for Healthcare Providers who utilize the Platform (referred to as “Healthcare Providers” or “Provider”) to conduct virtual telemedicine sessions with patients in a safe, encrypted, HIPPA compliant audio/video medium. These Terms & Conditions (referred to as “Terms”) govern your access to and use of the Platform and related services.
eClinic.care Telemedicine Platform IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. If you feel your concern is an emergency, call 911. If appropriate, during use of eClinic.care, you may be referred to an alternative setting to receive care.
You may be charged a fee by the Healthcare Provider for his/her services.
eClinic.care Provides NO Medical Advice
eClinic.care, the Telemedicine Platform, per se does not provide any physicians' or other Healthcare Providers' services itself. Any information presented through the eClinic.care website is not medical advice, and is not given as medical advice. eClinic.care is intended as a telemedicine solution, and shall not constitute medical advice, diagnosis, or recommendations or be considered a substitute for independent medical research and evaluation by a qualified professional.
All of the Healthcare Providers are independent of eClinic.care and your use of the Platform is as a way to communicate with Healthcare Providers. Any information or advice received from a Provider comes from the Provider alone, and not from eClinic.care. Any interactions with the Providers via the Platform are not intended to take the place of regular health care visits.
Neither eClinic.care, nor any of its subsidiaries or affiliates or any third party who may promote the platform or who provide a link to the Platform, shall be liable for any professional advice obtained from a Healthcare Provider via the Platform or for any other information obtained on the website. eClinic does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Providers that may use eClinic.care to communicate with patients. You acknowledge that your use of the Platform is solely at your own risk and you assume full responsibility for all risk associated herewith.
eClinic.care does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
eClinic.care provides a Telemedicine Platform for health care services. An independent Healthcare Provider will provide you with the healthcare services using interactive audio and video technology based through eClinic.care via a computer, tablet, or mobile device, or other electronic modality where the Patient and the Provider are not in the same physical location. During your audio/video consultation with a Provider, details of your medical or health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology.
By accepting these Terms, you acknowledge that you understand and agree that, while you may anticipate benefits from the use of the telemedicine interaction with your Healthcare Provider, no results can be guaranteed or assured. You understand that the laws that protect the privacy and security of health information (HIPAA) apply to Telemedicine. You also acknowledge that you have reviewed eClinic.care’s “Notice of Privacy Practices”, which describes these protections in greater detail.
HIPAA compliance and use of e-signatures
Continually striving to provide robust security consistent with the Health Insurance Portability and Accountability Act (HIPAA), eClinic.care employs five (5) core elements essential to HIPAA compliance and the use of e-signatures:
- Legal compliance: By “accepting” these terms and conditions, you are consenting to the use of e-signatures and understand that by clicking the “accept” button when prompted to do so, you are effectively and lawfully providing your e-signature and creating a legally binding contract. Using such e-signatures is consistent with federal and state laws regarding electronic signatures. These include the Federal Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA). Under federal law, any “electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with intent to sign the record” can be accepted as an electronic signature. 15 USC §7006(5).
- Message integrity: E-signed documents containing personal health information (PHI) will have their privacy and integrity maintained by virtue of digital encryption. When the e-signature is embedded directly into a document, it thereby protects the integrity of PHI in any such documents.
- Non-repudiation: Independent e-signature technology provides undeniable legal evidence supporting the validity of each signature. The detailed digital audit trails that are integral to independent e-signatures provide immediate, transparent records of the entire signing process and avoid repudiation of the signing process.
- User authentication: The identity authentication technology used along with independent e-signatures helps prevent unauthorized parties from accessing, viewing or otherwise compromising healthcare documents and data.
- Ownership and control: Because e-signatures are embedded in the signed document itself, there is only one signed document, which is maintained exclusively by eClinic.care, thereby avoiding possible external breaches involving any PHI or identity information.
Patient’s User Account
As part of the registration process, you will be required to create a unique personal login ID and password. You are solely responsible to maintaining the safety and security of your login ID and password. You should change your password if you believe that confidentiality has been compromised.
After you register on the eClinic.care platform, you will be asked to record your medical history and other information which will only be present on your unique account and not shared in any way according to the Privacy Policies of eClinic.care. All information will be stored on its servers in a safe HIPAA compliant fashion.
You agree that the Account Information that you provide at all times will be true, accurate, current, and complete. If changes occur concerning your personal or medical information, it is your responsibility to change these on your account. If you are not of legal age to form a binding contract (at least 18 years of age), then your legal guardian must register you to use the Platform.
eClinic.care reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall eClinic.care be held liable to you for any liabilities or damages resulting from or arising out of your use of its Platform, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Restrictions on Use
You have the right to view or download copies of pertinent material on the Platform for your own personal, noncommercial use. You agree that you will not, and will not attempt to knowingly allow yourself or any third party to, (a) reverse-engineer, disassemble, decompile, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Content without our prior written consent, (b) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Platform, or (c) use the Platform for commercial purposes or otherwise use or allow others to use the Platform for the benefit of any third party, or (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) use the Platform in violation of any local, state, national or international law; (f) distribute viruses or other harmful computer code through the Site or (g) otherwise use the Platform in any manner that exceeds the scope of use granted above.
In addition, you agree to refrain from abusive language when communicating with Providers during use of the Platform. eClinic.care is not responsible for any interactions with Providers that are not conducted through the Platform.
Release from Filing Claims to Health Insurance Company
You understand that regular health insurance may not cover telemedicine services charged and you will be financially responsible for the charges incurred while using such telemedicine services on eClinic.care, verified by e-signing this agreement. You have elected to accept this financial responsibility regardless of the findings of the telemedicine visit once the service has been performed. You understand it is your right to do so under the HIPAA Omnibus rule dated September 23, 2013 to protect your privacy for reasons you deem appropriate. This agreement is good until you cancel it.
Third Party Website Links and Content
eClinic.care, Healthcare Providers or third parties may provide content, links or otherwise direct patients to other sites and resources on the Internet. eClinic.care has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. eClinic.care will 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 information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.
You may be asked to provide feedback on your eClinic.care experience. This feedback is always optional and your choice. This feedback may be hosted and stored at a third-party site. You agree to not provide any personally identifiable information such as name, date of birth, or insurance ID during this feedback to preserve your privacy.
eClinic.care and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by eClinic.care solely and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Platform only for its intended purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform except as generally and ordinarily permitted by the Platform according to these Terms.
Trademarks and Copyrights
Certain of the names, logos, and other materials displayed on the Platform or on its website may constitute copyrighted material, trademarks, trade names, service marks or logos (“Marks”) of eClinic.care or other proprietary entities. You are not authorized to use any such Marks or material without the express written permission of eClinic.care. Ownership of all such Marks, material and the goodwill associated therewith remains the property of eClinic.care or those other entities.
eClinic.care may suspend or terminate your use of the Platform, your Account and/or registration for any reason at any time. After such termination, eClinic.care and its Providers will have no further obligation to provide the Platform services to you, except to the extent we are obligated to provide you access to your health records, if any such records exist, or Providers are required to provide you with for continuing care under their applicable legal, ethical and professional obligations to you.
Disclaimer of Warranties
You expressly agree that use of the Platform is at your sole risk. eClinic.care Platform is provided on an “as is” and “as available” basis. eClinic.care expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of information and system integration.
You acknowledge and agree that eClinic.care does not provide medical or mental health advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients/consumers with independent third-party Healthcare Providers.
You acknowledge and agree that the Providers using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, instructions, treatment decisions, and other services performed, and that such Providers services will be provided and performed exclusively by or under their sole discretion, as they deem appropriate.
Without limiting the foregoing, eClinic.care makes no warranty that (1) the service will be effective, will function without disruptions, delays or errors, will be reliable or accurate, or will meet your requirements, (2) the service will be uninterrupted, timely, secure, error-free, or accessible at times or locations of your choosing, (3) the results or information that may be obtained from the use of the service will be accurate, reliable timely, or complete, (4) the quality of any products, services, advice, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors will be corrected. Except as expressly set forth herein, eClinic.care makes no warranties about the software and functions made accessible through the Platform or any other security associated with the transmission of sensitive information.
Limitation of liability
You understand that to the extent permitted under applicable law, in no event will eClinic.care or its officers, directors, parents, subsidiaries, affiliates, employees, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Platform, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.
To the extent of the law, eClinic.care implies no warranty or implied warranty. the scope, duration, and the extent of liability will be the minimum permitted under such applicable law. In no event shall eClinic.care be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Platform. If you are dissatisfied with using the platform, your sole remedy ultimately is to STOP using the platform.
You agree to indemnify, defend and hold harmless eClinic.care, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, 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