Terms and Conditions
- Use of the Site. TeleWellnessMD (“TeleWellnessMD”, “we”, “us”, or “our”) operates the website located at telewellnessmd.com and other related websites and mobile applications with links to these Terms and Conditions (collectively, the “Site”). We offer online telewellness services (the “Services”) enabling our members (“Clients”) to report their health and wellness history and engage healthcare professionals (“Wellness Providers”) to obtain health services (“Services”). By accessing and using the Site, you agree to be bound by these Terms and Conditions and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms and Conditions, you may not use the Site or the Services.
- Healthcare Services. All of the Healthcare Providers who deliver Services through TeleWellnessMD are independent professionals solely responsible for the services each provides to you. TeleWellnessMD does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Healthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither TeleWellnessMD nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Healthcare Provider via the Services.
- Site Content. None of the Site content (other than information you receive from Healthcare Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. It is provided for informational and educational purposes to discuss with your Healthcare Provider.
- Informed Consent. TelewellnessMD is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telewellness consultation with a Healthcare Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology. The services you receive from Healthcare Providers are not intended to replace a primary care physician relationship. By agreeing to these Terms and Conditions you are acknowledging that you are required to maintain an established relationship with your primary care physician, including routine checkups. You may form an ongoing consultative relationship with some Healthcare Providers. You should seek emergency help or follow-up care when recommended by a Wellness Provider or when otherwise needed and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make recommendations for follow up care either through TeleWellnessMD or other healthcare providers. You will have direct access to client support services to follow up with wellness prescription services and processing as needed. Among the benefits of our Services are improved access to our prescription refill platform, wellness professionals and convenience. However, as with any health service, there are potential risks associated with the use of telewellness. These risks include, but may not be limited to:
- Although our Healthcare Providers prescribe only nutrient, hormone and peptide injectables and may recommend oral supplement products, in rare cases, a lack of full disclosure from you about your health history may result in adverse drug interactions or allergic reactions or other judgment errors;
- Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
Responsibility for the patient’s primary care should remain with the patient’s local clinician, if you have one, as does the patient’s medical record.
- Improved access to wellness care by enabling a patient to remain in his/her local healthcare site (i.e. home) while the physician may consult at distant/other sites.
- More efficient wellness evaluation and management.
- Obtaining expertise of a specialist.
You acknowledge that you understand and agree with the following:
I understand and agree that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine, and that no information obtained in the use of telemedicine, which identifies me, will be disclosed to researchers or other entities without my written consent.
I understand and agree that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.
I understand and agree that the alternatives to telemedicine consultation as they have been explained to me, and in choosing to participate in a telemedicine consultation, I understand that some parts of the exam involving physical tests may be conducted by individuals at my location, or at a testing facility, at the direction of the consulting healthcare provider.
I understand and agree that telemedicine may involve electronic communication of my personal medical information to other medical practitioners and/or pharmacies who may be located in other areas, including out of state.
I understand and agree that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
I understand and agree that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than my healthcare provider and consulting healthcare provider in order to operate the video equipment. The above-mentioned people will maintain confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that are personally sensitive to me; (2) ask non-medical personnel to leave the telemedicine examination room; and/or (3) terminate the consultation at any time.
Patient Consent to The Use of Telemedicine
I have read and understand the information provided above regarding telemedicine, have discussed it with my physician or such assistants as may be designated, and all of my questions have been answered to my satisfaction.
I have read this document carefully and understand and agree that the risks and benefits of the teleconferencing consultation and have had my questions regarding the procedure explained and I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.
I understand and agree that I may expect the anticipated benefits from the use of telewellness in my care, but that no results can be guaranteed or assured.
I understand and agree that the laws that protect the privacy and security of my health information apply to telewellness, and have read and understand the Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to m Wellness Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
I understand and agree that TeleWellnessMD is not contracted with any health insurance provider and that I am fully responsible for payment of services and prescriptions the Healthcare Provider prescribes through this platform.
I understand and agree that my Heathcare Provider may determine that the services are not appropriate for some or all of my treatment needs, and accordingly may elect not to provide Healthcare services to you through this platform.
I understand and agree that TeleWellnessMD providers will only prescribe items that are listed on the site (products and services) and will not deviate. If you choose to have your prescription filled at another pharmacy, you will receive a prescription for only pharmaceuticals that are listed on this site, exactly as shown, with 2 refills, and only at the discretion of TeleWellnessMD provider.
I understand and agree that the Healthcare providers do not provide any mental health services and do not prescribe or adjust any medications related to any mental health treatment I may be receiving.
I understand and agree that if I am experiencing a medical emergency, I should call 911 or go to the nearest emergency room.
- User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by TeleWellnessMD (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. TeleWellnessMD 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 TeleWellnessMD be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, 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.
- Use of the Services by Children. The Services are not available for use by children under the age of 18.
- Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms and Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. I agree that I will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Providers through the Site and to refrain from contacting Wellness Providers for telewellness services outside of the Site. TeleWellnessMD is not responsible for any interactions with Wellness Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
- Fees and Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing TeleWellnessMD with your credit card number and associated payment information, you agree that TeleWellnessMD is authorized to immediately invoice your account for all fees and charges due and payable to TeleWellnessMD hereunder after the services have been provided and that no additional notice or consent is required. If your, employer or agency has arranged with TeleWellnessMD to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with TeleWellnessMD, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, or agency to determine if any Services will be reimbursed. TeleWellnessMD offers no guarantee that you shall receive any such reimbursement. TeleWellnessMD reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms and Conditions. You understand and agree that Consultations are provided in a time block basis (usually within 4 hours), you will be not be refunded this fee if the Wellness Provider is unable to reach you during your scheduled time block or if you do not cancel a scheduled time block at least 24 hours in advance. You understand that prescription items cannot be returned per FDA Regulations.
- Website is Owned by TelewellnessMD. The Site 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 the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms and Conditions. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
- Ownership of Marks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of TeleWellnessMD or other entities. You are not authorized to use any such Marks without the express written permission of TeleWellnessMD. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
- Termination of Services at Will. You may deactivate your Account and end your registration at any time, for any reason by sending an email to you Wellness advisor or email@example.com. TeleWellnessMD may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, TeleWellnessMD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, TeleWellnessMD will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your wellness-health records or Wellness Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
- Right to modify. We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes.
- DISCLAIMER OF WARRANTIES. You agree that the use of this site and its services is at your sole risk. Both the site and services are provided on an “AS IS” and “AS AVAILABLE” basis. TeleWellnessMD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration. You acknowledge and agree that TeleWellnessMD does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Wellness Providers, including physicians and other Wellness Providers in the TeleWellnessMD network. You acknowledge and agree that the Wellness Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all wellness services, advice, instructions, treatment decisions, and other professional wellness-health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Wellness Providers, in their sole discretion, as they deem appropriate.
- LIMITATION OF LIABILITY. You understand that to the extent permitted under applicable law, in no event will TeleWellnessMD or its officers, employees, directors, parents, subsidiaries, affiliates, 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 site or the services, regardless of whether such damages are based on the contract, tort (including negligence and strict liability) warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, 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 such applicable law.
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless TeleWellnessMD, 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 (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Wellness Provider(s) from and against any third-party claims resulting from your lack of adherence with the advice or recommendation(s) of such Wellness Provider.
- Geographical Restrictions. TeleWellnessMD makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, may not be available for use in all locations or territories within the United States.
- Licensed Providers. All providers on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, hold nurse practitioner, medical doctor of doctor of osteopathy. You can report a complaint relating to services provided by a Wellness Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts. Any clinical records created as a result of your use of the Site will be securely maintained by TeleWellnessMD on behalf of your Wellness Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
- Florida Law Governs. These Terms and Conditions and your use of the Site shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Conditions will be resolved exclusively by final and binding arbitration in Clearwater, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Clearwater, Florida, for any action related to these Terms and Conditions.
- Electronic Communications. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling TeleWellnessMD client services.
- Miscellaneous Terms. No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. TeleWellnessMD devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device. Please report any violations of these Terms and Conditions to firstname.lastname@example.org.
- You understand that by checking the “agree” box for these Terms and Conditions and/or any other forms presented to you on the Site you are agreeing to these Terms and Conditions and that such action constitutes a legal signature.