TrueMD TeleHealth operates a Telemedicine Platform and a website located at www.TrueMDWellness.com. 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.
TrueMD TeleHealth Telemedicine Platform IS NOT INTENDED FOR USE IN A MEDICAL EMERENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. If you feel your concern is an emergency, call 911. If appropriate, during use of TrueMD TeleHealth, 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.
TrueMD TeleHealth Provides NO Medical Advice
TrueMD TeleHealth, the Telemedicine Platform, per se does not provide any physicians’ or other Healthcare Providers’ services itself. Any information presented through the TrueMD TeleHealth website is not medical advice and is not given as medical advice. TrueMD TeleHealth 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 the Healthcare Providers are independent of TrueMD TeleHealth 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 TrueMD TeleHealth. Any interactions with the Providers via the Platform are not intended to take the place of regular health care visits.
Neither TrueMD TeleHealth, 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 TrueMD TeleHealth 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.
TrueMD TeleHealth does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
TrueMD TeleHealth 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 TrueMD TeleHealth 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 TrueMD TeleHealth’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), TrueMD TeleHealth employs five (5) core elements essential to HIPAA compliance and the use of e-signatures:
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 TrueMD TeleHealth 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 TrueMD TeleHealth. All information will be stored on its servers in a safe HIPAA compliant fashion. You also agree that this information will and can automatically be placed on the TrueMD App for your further use.
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.
TrueMD TeleHealth 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 TrueMD TeleHealth 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. TrueMD TeleHealth is not responsible for any interactions with Providers that are not conducted through the Platform.
Right to Access and Use the TrueMD TeleHealth Platform
TrueMD TeleHealth is not responsible for the internet or data bandwidth and signal of your communication device, such as your computer, tablet, or mobile device.
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 TrueMD TeleHealth, 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
TrueMD TeleHealth, Healthcare Providers or third parties may provide content, links or otherwise direct patients to other sites and resources on the Internet. TrueMD TeleHealth has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. TrueMD TeleHealth 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 TrueMD TeleHealth 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.
TrueMD TeleHealth 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 TrueMD Wellness, LLC 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 TrueMD TeleHealth or other proprietary entities. You are not authorized to use any such Marks or material without the express written permission of TrueMD Wellness, LLS. Ownership of all such Marks, material and the goodwill associated therewith remains the property of TrueMD TeleHealth or those other entities.
TrueMD TeleHealth may suspend or terminate your use of the Platform, your Account and/or registration for any reason at any time. After such termination, TrueMD TeleHealth 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. TrueMD TeleHealth Platform is provided on an “as is” and “as available” basis. TrueMD TeleHealth 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 TrueMD TeleHealth 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, TrueMD TeleHealth 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, TrueMD TeleHealth 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 TrueMD TeleHealth 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, TrueMD TeleHealth 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 TrueMD TeleHealth 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 TrueMD TeleHealth, 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
Consent to Terms
Informed Consent to Telehealth Consultation
I have been asked by my healthcare provider to take part in a Telehealthconsultation throughTrueMD TeleHealth/Telemedicine platform. This may include conferencing with the physician(s), associates, technical assistants, pharmacists, affiliated hospitals and others deemed necessary to assist in my medical care through a Telehealth consultation. I understand the following:
And medical information/assessment risks, such as:
AGREEMENT: I, the undersigned patient, do hereby understand and state that I agree to the above consents and conditions. I certify that I have read this form or have had it read to me and I understand and agree to its contents. I volunteer to participate in the Telehealthconsultation/examination. I authorize TrueMD TeleHealth and the doctors, nurses, and other providers involved to order or perform treatments that may be necessary for my current medical condition, such as lab tests or x-ray exams.
I understand that by clicking “Agree” on this platform that I have read this document and consent to consultations and treatments via the TrueMD TeleHealth platform. This consent shall continue to be valid into the future and for future visits until I cancel this service.
Your Information. Your Rights. Our Responsibilities
INFORMATION THAT WE COLLECT
We collect information you provide to us. This may include information you provide regarding your account, your personal information, phone number, credit/debit card number, medical health history, surgical history, family history, and all other information you provide to the Platform.
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website and the Platform. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the site. More information about this can be found at www.google.com/policies/privacy/partners/. Google’s Privacy Practice is at www.google.com/analytics/learn/privacy.html.
Cookies and other web technologies receive and store certain types of information, such as identifiers, user preferences and other information, whenever you interact with our Site through your computer or mobile device. These are not used to capture information regarding your medical health or medical history.
We do not collect personal information about children under the age of 13 unless approved by the parents or legal guardians for medical evaluation by our Healthcare Providers. If we learn otherwise, the information will be promptly deleted that information. If you believe we have collected such personal information from a child under the age of 13, please contact us.
HOW WE USE YOUR INFORMATION
The information we collect from you assists your Healthcare Provider in providing medical care for you using our Platform. We may use your personal information to contact you about your account and process credit card and debit card transactions. We may send you promotional materials or advertisements about our services, as well as new features and offerings.
We may provide information to third party service providers that help us operate and manage our Platform.These service providers will have access to your personal information (not medical information) in order to provide these services, but when this occurs we implement reasonable safeguards to secure your information. These are contractual via HIPPA guidelines, which restricts and makes confidential their use of that information.
We will share personal information with third party companies, organizations or individuals outside of TrueMD Apponly if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
ACCESS TO YOUR INFORMATION AND CHOICES
You can access and update certain information we have relating to your account by signing into the Platform via your account. You can opt-out of receiving marketing and promotional e-mails from TrueMD App by using the opt-out or unsubscribe feature contained in the e- mails.
You can close your online account by contacting us. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
You may choose to share your information with your family, close friends, or others involved in your care. This can be done via the Platform. We will not share your information with anyone unless approved by you or unless it is with other professionals for your continued medical care. You must give use your written permission before we share any information about you otherwise.
YOUR RIGHTS AS A PATIENT
You have important rights under state and federal law regarding your information and privacy. This section explains these rights
You have the right to:
We are responsible to:
SECURITY OF YOUR INFORMATION
TrueMD App uses industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards by a computer hacker or others.
It is your responsibility to protect the security of your logininformation. Please note that e-mails and other communications you send to us through our platform are encrypted and HIPAA compliant, and we strongly advise you to communicate any confidential information through these means and not through normal emails or text messaging.
CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES
If you are a resident of the European Economic Area (EEA), in order to provide our Platform to you, we may send and store your personal information or data outside of the EEA, including to the United States. Your personal information may thus be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. In such cases, we may not have control over these outside processes.
Where such transfers occur, we provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Platform, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
THIRD PARTY SITES
TrueMD App is not responsible for the privacy policies or privacy practices of Healthcare Providers that you use through our Platform. Please consult the separate Privacy Policies and/or Notices of Privacy Practices provided to you by those healthcare providers for a description of how they use your health information.
Please note that your use of our Platform is also subject to our Terms & Conditions.