Effective Date: June 7th, 2020
Please read this document carefully before using TakeMed mobile application.
You acknowledge that the Content (other than the information you receive from Healthcare Professionals) in the app does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, healthcare professional, provider, or organization (collectively, "Healthcare Provider"). "Content" means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or App, including, without limitation, Content provided in direct response to your questions or postings.
While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the services.
2. We do not provide medical adviceThe Content (other than the information you receive from Healthcare Professionals) that you obtain or receive from TakeMed, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, and scheduling purposes only.
Do not use the services for emergency medical needs. If you experience a medical emergency, immediately contact your doctor or a nearby hospital. The provision in the app ("signal to emergency contact") is meant only to help you connect with your emergency contact maintained in your profile. We do not bear any responsibility in case your emergency contact does not respond back or if the message fails to be delivered to your emergency contact. We also do not bear any responsibility if the location information in the sms or chat message is not always accurate. Your use of the content is solely at your own risk.
We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content (other than the information you receive from Healthcare Professionals) relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
3. Use of appHealthcare providers may use the services to share content with you. TakeMed encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the App or Services whatsoever.
4. Authorization and acknowledgement. Important information about healthcare provider relationships and healthcare provider lists.
In connection with using the App and the Services to locate and schedule appointments with Healthcare Providers, you understand that:
- You are responsible for choosing your own healthcare provider.
- TakeMed makes reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them. TakeMed may exclude Healthcare Providers who, in TakeMed’s discretion, have engaged in inappropriate or unprofessional conduct.
- To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as geographical location, gender and healthcare specialty. Note that TakeMed (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services.
- You agree to keep your interactions with Healthcare Provider using the app confidential.
5. FeesYou agree to pay all fees or charges in advance of your video consultation with the Healthcare Provider. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you would have paid for the scheduled services if you do not cancel or request reschedule of your appointment at least 24 hours in advance of your appointment. In case the Healthcare provider, with whom you’ve setup an appointment and paid in advance, doesn’t start the video consultation within 20 minutes of the appointment time, you will have the option to ask for refund or request reschedule of the appointment at no additional cost.
6. Your personal informationProtecting patient privacy and keeping your information secure are among our biggest priorities. This section will help you understand what information we ask for and why.
To create a TakeMed account, you must provide basic information about yourself. When you contact a Healthcare Provider through TakeMed App or simply mark as favorite, we pass along this information to your Healthcare Provider on your behalf. For the Healthcare Provider profile, hours of operation is always displayed in local time zone.
7. Your responsibilities
7.1 Your Account CredentialsWhen you create a TakeMed account, you will provide a mobile number and create a password (collectively, "Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately change your password if it has been stolen or compromised.
7.2 Your Responsibilities GenerallyUsual, customary and any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Provider arising from your interaction with Healthcare Provider directly with that Healthcare Provider.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the App and the Services for lawful, non-commercial purposes. You may not use the App in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the App or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the App and/or Services (including, without limitation, Healthcare Provider Content, appointment information, fees information, and location information) for any purpose whatsoever.
When you create a TakeMed account, you will provide a mobile number and create a password (collectively, "Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately change your password if it has been stolen or compromised.
7.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical IndustriesIf you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with TakeMed or whether you schedule or intend to schedule appointments (including appointments for Designated Provider Services) through the Services, you acknowledge and agree that:
(a) You will not use the Services to view, access or otherwise use, directly or indirectly, fees, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
(b) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
8. Changes to the services; new servicesWe may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will TakeMed be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
9. Links to other websitesYou will have the opportunity to rate your Health care Providers, contact them through the use of chat or request appointment feature in the App or contact TakeMed (collectively, "Posted Information"). It is important that you act responsibly when providing Posted Information and not upload or transmit any material that contains viruses and or is harmful, threatening, vulgar, obscene, abusive or otherwise objectionable.
11. Your use of contentAll of the Content is owned by us. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain TakeMed’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the App for your own convenience, but you may not copy, distribute, re-publish, sell, or exploit any of the Content, or exploit the App or Services in whole or in part, for any commercial gain or purpose whatsoever.
12. DisclaimerWe created TakeMed to make it easier for patients (esp. those living in small towns or remote areas) to find and connect with Healthcare Providers. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding:
(a) which users gain access to the App and/or the Services,
(b) what Content you access,
(c) what effects the Content may have on you,
(d) how you may interpret or use the Content, or
(e) what actions you may take as a result of having been exposed to the Content.
You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the App and/or the Services. We have no special relationship with or fiduciary duty to you.
We provide the services "as is" and "as available". We make no express or implied warranties or guarantees about the services. to the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the app, including, without limitation, any warranties that the services are of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, TakeMed makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information. TakeMed does not warrant that the app or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or app are free of computer viruses, contaminants or other harmful items.
13. General limitation of liabilityWhile we’re always improving, and we hope you have an excellent experience with TakeMed, your sole and exclusive remedy for any dispute with us is the cancellation of your account. This can be done by using "Contact Us" feature in the app and requesting to cancel your account.
In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the app and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers utilized through use of the services.
14. TerminationWe reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the App or through the Services by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. TakeMed shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the App and/or the Services. Further, you agree not to attempt to use the App and/or the Services after any such termination, suspension or deactivation. You may reach out to us at to request reactivation of your account.
15. IndemnificationUpon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the App and/or Services, or (b) the violation of this Agreement.
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