Last Updated June 4, 2020
These Terms and Conditions (“Terms”) form a legal agreement between you and EDOC TELEMED, LLC (“EDOC TELEMED”, “we”, “us”, or “our”) and govern your access to and use of: (1) the applications, websites and any other web-based or mobile technology platforms that EDOC TELEMED owns or operates and that links to or references these Terms (the “Platforms”); and (2) the services that EDOC TELEMED itself furnishes through the Platforms (the “Services”).
THE PLATFORMS AND SERVICES ARE NOT INTENDED FOR USE IN EMERGENCIES. IF YOU THINK YOU HAVE OR MAY HAVE A MEDICAL OR HEALTH EMERGENCY, YOU NEED TO CALL YOUR LOCAL PROVIDER, 911, OR OTHER APPROPRIATE EMERGENCY CONTACT NUMBER IN YOUR LOCATION.
Please read these Terms carefully before using the Platforms and Services.
- Acceptance of Terms
By installing, downloading, registering with, or using THE PLATFORMS, OR BY USING THE SERVICES, in any way, You agree to be bound by each and every one of these Terms. If You do not agree with these Terms, please do not install, download, register with, or use the Platforms, OR USE THE SERVICES. Please print a copy of these terms for your records.
- Right to Modify Terms
- About Us
EDOC TELEMED is a technology company that owns and/or operates the Platforms and Services. EDOC TELEMED provides the Platforms and Services to allow Providers (defined below) to make their Telemedicine Services (defined below) available to individuals who seek such Telemedicine Services. Our mission is to improve healthcare outcomes by removing barriers to access by using technology solutions to help individuals and Providers connect and by making healthcare costs more affordable.
EDOC TELEMED itself does not provide any Telemedicine Services or any other professional healthcare or other clinical services, and we are neither a Provider nor a provider of health insurance services.
The business concern and mission of EDOC TELEMED is to provide convenient technology platforms and services for Providers to connect with individuals to connect for the purpose of giving/receiving Telemedicine Services as far as is practical and lawful within the limitations of a provider-patient relationship and the use of telemedicine technologies. As such, EDOC TELEMED exclusively controls the access to video, audio, or written communication between a Provider and his/her patient, the mechanism for payment exchange, and the virtual tools available to Providers for communicating and documenting care.
- About the Providers
Licensed healthcare providers (“Providers”, each a “Provider”), such as physicians, physician assistants, psychologists, mental health counselors, nurse practitioners, who desire to use the Platforms and Services to make available and furnish certain professional healthcare or other clinical services (the “Telemedicine Services”), have entered into contracts with EDOC TELEMED for the use of the Platforms and Services.
EDOC TELEMED engages a third-party verification service to reasonably confirm that each Provider made available through the Platforms and Services, is properly licensed to furnish Telemedicine Services in the states when such services are being offered by Provider, as of the time of such Provider’s initial engagement of EDOC TELEMED.
EDOC TELEMED requires Providers to notify EDOC TELEMED of any event that would disqualify the Provider from furnishing Telemedicine Services in any of the states where such services are being offered by Provider through the Platforms and Services. However, due to our dependence on each Provider to communicate about incidents that may impact the Provider’s qualifications and the absence of any means for us to monitor such qualifications continually versus intermittently, EDOC TELEMED does not assume responsibility for ensuring that any Provider is, at all times, in compliance with the requirements applicable to his or her profession and license when furnishing Telemedicine Services through the Platforms and Services.
EDOC TELEMED cannot and does not offer any representations about the knowledge, skill, training, or experience of any Provider, except as described in this section, nor does it have real time knowledge of any claims that may have been asserted against any Provider by any person or entity, nor of any disciplinary actions that may have been taken or that may be pending against any such Provider, nor of any billing irregularities, alleged or established, associated with the services of any such Provider, nor what if any hospital privileges any such Provider may have, nor how, if at all, such privileges may have changed in the past or may change in the future.
Each state has a mechanism to verify Provider credentials through its state licensing board website, and we encourage you to confirm the status of each Provider prior to establishing a provider-patient relationship with him/her. 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 and governing psychology on the Association of State and Provincial Psychology Boards website at http://www.asppb.net/?page=BdContactNewPG. The contact information for additional state professional licensing boards can also be found through other, reputable online resources.
- Your Relationship with Providers
Through the Platforms and Services, you will be provided a list of available Providers based on their profession, state of licensure, specialty, credentials, availability and other factors using the information that you provide to EDOC TELEMED. You are solely responsible for selecting a particular Provider. By agreeing to receive Telemedicine Services from a Provider using the Platforms and Services, you may establish a provider-patient relationship with such Provider. At no time does your access to or use of the Platforms establish with EDOC TELEMED any provider-patient relationship, as defined by applicable law.
Providers who deliver Telemedicine Services using the Platforms and Services are professionals independent of EDOC TELEMED. Providers are neither the employees, servants, agents, partners nor affiliates of EDOC TELEMED. The Telemedicine Services furnished by Providers are not performed on behalf of EDOC TELEMED. EDOC TELEMED is not in any way a member of any Provider’s group or practice, nor do we have any authority to influence or control any Provider’s independent professional judgment or the advice they provide to you. A Provider’s ability to use the Platforms and Services is not an endorsement, recommendation, or preference for that Provider by EDOC TELEMED.
EDOC TELEMED may engage User Experience Managers (“UEMs”), who may help you to identify potential Provider candidates. UEMs are not clinically trained and provide their assistance only upon your request. The identification of a Provider candidate by a UEM does not constitute an endorsement, recommendation, or preference for that Provider by the UEM or by EDOC TELEMED.
EDOC TELEMED does not recommend or endorse any specific tests, medications, products, procedures, treatments or therapies that may be recommended or endorsed by your Provider, and does not represent or warrant that any of the foregoing is safe, appropriate or effective for you.
If you decide to receive Telemedicine Services from a Provider through the Platforms, you acknowledge that it is the responsibility of the Provider, and not of EDOC TELEMED, to determine whether: 1) the nature of your healthcare issues is such that it is professionally appropriate to clinically assist you with such issues through the Platforms and Services; 2) it is lawful for the Provider to diagnose and/or treat you through the Platforms and Services; 3) it is lawful for the Provider to prescribe any medications or other services for you through the Platforms and Services. You also acknowledge that that to the extent Telemedicine Services are provided to you by a Provider using the Platforms and Services, any such Telemedicine Services is based on the information that you make available to the Provider.
Each Provider shall, to the extent required by law, be individually responsible for complying with any and all privacy laws applicable to their furnishing Telemedicine Services to you, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We have established reasonable safeguards and procedures to protect the privacy and security of your health information.
We make no representations regarding a Provider’s ability to bill third-party insurers or payors for the Telemedicine Services you receive from such Provider through the Platforms and Services. Each Provider shall be individually responsible for complying with all laws in billing for the Telemedicine Services they provide.
You can report a complaint relating to the Telemedicine Services furnished by a Provider by contacting the professional licensing board in the state where the Telemedicine Services were received. For your information and protection, in a professional relationship, sexual advances, suggestive comments, or discrimination based on age, disability, gender reassignment, marital status, race, religion or sex are never appropriate and should be reported to EDOC TELEMED and the board or agency that licenses, registers, or certifies the licensee. [See above for contact information of licensing boards in each State.]
Any records of your health information created as a result of your use of the Platforms and Services will be securely maintained by EDOC TELEMED on behalf of the applicable 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.
- About the Telemedicine Services
THE PLATFORMS AND SERVICES ARE NOT INTENDED FOR USE IN EMERGENCIES. IF YOU THINK YOU HAVE OR MAY HAVE A MEDICAL OR HEALTH EMERGENCY, YOU NEED TO CALL YOUR LOCAL PROVIDER, 911, OR OTHER APPROPRIATE EMERGENCY CONTACT NUMBER IN YOUR LOCATION.
Providers may, based on their independent professional judgment and subject to applicable law, furnish Telemedicine Services, which may include: professional consultations, diagnoses, treatment options, prescription orders, the forwarding of such prescription orders to your pharmacy, and educational sessions, each without requiring an in-person visit. This innovative approach to healthcare is part of our vision for making available direct access to healthcare providers using our Platforms and Services.
The Telemedicine Services you may receive from Providers through the Platforms and Services are limited, non-emergency services that are not a substitute for, nor intended to substitute for, the advice of your primary care provider or of other qualified health care professionals with whom you have a provider-patient relationship. You agree that you will not delay seeking advice from your primary care provider or other providers because of information provided through the Platforms and Services, that you will seek emergency help when needed (or when you think it may be needed) and that you will continue to consult with your primary care provider for your regular care.
EDOC TELEMED operates the Platforms and Services and does not itself furnish any Telemedicine Services. EDOC TELEMED makes available the Platforms and Services to Providers, who conduct scheduled, real-time, online information sessions or consultations with individuals who access the Platforms and Services seeking such Telemedicine Services that, according to the Provider, falls within that Provider’s expertise. It is the exclusive responsibility of the Provider to determine whether the nature of your problem is such that it is professionally appropriate to clinically assist you with that problem through the Platforms and Services. It is also the exclusive responsibility of the Provider to ensure that the Telemedicine Services provided they furnish through the Platforms and Services are compliant with all applicable laws.
- Content of Platforms and Services
None of content (other than information you receive from Providers) conveyed through the Platforms and Services should be considered medical advice or an endorsement, representation or warranty that any particular test, medication, product, procedure, treatment or therapy is safe, appropriate, or effective for you. RELIANCE ON ANY INFORMATION APPEARING ON THE PLATFORMS OR THROUGH THE SERVICES, WHETHER PROVIDED BY EDOC TELEMED, CONTENT PROVIDERS, CLIENTS, VISITORS OR OTHERS, IS SOLELY AT YOUR OWN RISK.
- User Accounts
As a visitor to the Platforms, you need not register with the Platforms to simply visit, view, browse and interact with the publicly accessible information in the Platforms.
To access the password-required portions of the Platforms and to access Telemedicine Services from Providers using the Platforms and Services, you must first register on the Platforms by creating an account (“Account”). 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, or if your access to the Platforms or the Services were previously terminated by us, you may not register to use the Platforms and Services.
When registering to create an Account, you must furnish your name, e-mail address, password and certain other information collected by EDOC TELEMED (collectively, the “Account Information”). You agree that the Account Information that you provide to us is, at all times, including during registration and in any subsequent information you upload to the Platforms and Services, will be true, accurate, current, and complete. You may change, correct, add or remove any information from your Account through the Platforms and Services.
You may not transfer or share your Account password with anyone, or create or maintain more than one Account (with the exception of subaccounts established for minors for whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. EDOC TELEMED reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platforms, the Services and your Account Information. In no event and under no circumstances shall EDOC TELEMED be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platforms and Services, 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.
If you have reason to believe that your Account is no longer secure, change your username and password or immediately close your Account. You must also promptly notify us at Our Contact Us page on edoctelemed.com of your concerns about the security of your Account, of the basis of your concerns, and of any steps you have taken and/or plan to take to deal with your concerns.
- Use of the Platforms and Services by Children
The Platforms and Services may be available for use by children (individuals under the age of eighteen (18)), but children are not authorized to open or maintain an Account themselves. Any Account for a child must be opened and maintained by their parent or legal guardian. If you register as the parent or legal guardian on behalf of a child, you will be fully responsible for complying with these Terms. For children under the age of thirteen (13) years old, such children may only access and use the Platforms and Services, and receive Telemedicine Services from a Provider, with the consent and supervision of their parent or legal guardian.
- Access Rights and Expected Conduct
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Platforms and use the Services solely for your personal non-commercial use and only as permitted under these Terms 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 Platforms or Services to anyone for any reason. You are expected to conduct yourself when accessing the Platforms and using the Services as follows:
- You agree that you will not, and will not attempt to: reverse engineer, disassemble, decompile, or translate any software or other components of the Platforms or Services; distribute viruses or other harmful computer code through the Platforms and Services; or otherwise use the Platforms and Services in any manner that exceeds the scope of use granted above.
Additionally, you acknowledge and represent that you will:
- Use a Mac or PC with a high quality Wifi connection. (The Platforms and Services are optimized for the Chrome web browser.)
- When communicating with Providers for Telemedicine Services using the Platforms and Services, you agree to:
- properly state your age;
- properly state your then current physical location, which must be within the United States (You understand that the Providers you access through the Platforms and Services rely on this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify EDOC TELEMED and the Providers you interact with from any resulting damages, costs, or claims. EDOC TELEMED makes no representation that any products, services and/or material described on the Platforms and the Services are appropriate or available for use in locations outside the United States);
- identify anyone else who may be present in the room or space where you are located;
- take reasonable steps to maintain confidentiality with respect to your communications with Providers;
- acknowledge that Providers and your third-party insurers or payors will rely upon your representations; and
- certify that you are not a Medicare or Medicaid beneficiary (If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, EDOC TELEMED reserves the right to terminate all current or future use of the Platforms and Services by you.).
- Use the Platforms and Services for lawful purposes only. Your failure to do so may subject you to civil or criminal liability or both, and to termination of your privilege to utilize the Platforms and Services. You are responsible for understanding and following the applicable laws and regulations in your jurisdiction.
- Refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal.
- NOT CONTACT PROVIDERS FOR TELEMEDICINE SERVICES OUTSIDE OF THE PLATFORMS AND SERVICES.
Finally, you agree to take caution and refrain from using the Platforms and Services on public computers and not to store your Account password through your web browser or other software.
- Fees and Payment Terms
Each Provider will charge the Provider’s standard rate along with any applicable taxes (“Standard Rate”) for furnishing Telemedicine Services through the Platforms and Services, which may be stated on a “per session”, “per service” or other basis, and made available to you in advance of receiving Telemedicine Services, and as set forth in these Terms. The Standard Rate for each Provider may vary and are established by each applicable Provider, not by EDOC TELEMED. You acknowledge that each Provider may change their Standard Rate at any time. All rates and dollar values shall be in United States Dollar (USD) currency.
You agree to pay the Standard Rate for the applicable Provider in advance of receiving any Telemedicine Services, in accordance with the billing terms in effect at the time such Standard Rate is due and payable. By providing EDOC TELEMED with your payment information, you agree that EDOC TELEMED is authorized to immediately invoice and charge you for all amounts due and payable to the applicable Provider hereunder and that no additional notice or consent is required.
- Personal Responsibility for Payment. You acknowledge and agree that you shall be personally responsible for all incurred Standard Rate amounts.
- Missed or Cancelled Appointments. You must cancel a scheduled appointment at least 24 hours in advance or you will be responsible for a missed appointment fee equal to all or a portion of the Standard Rate you would have paid for the scheduled Telemedicine Services. If you miss an appointment, you will be charged for the full value of the scheduled appointment.
- You are Late for Appointments. If you are more than 5 minutes late for the appointment, you will be responsible for full value of the Standard Rate for the scheduled appointment. If you are late and the appointment begins within 5 minutes of the scheduled appointment time, the Provider must fill the rest of the scheduled appointment time with you. If you are more than 5 minutes late, the Provider is free to release the time and is not obliged to see you.
- Provider is Late for Appointment. If the Provider does not answer your call and you are within 5 minutes of your appointment time your Account will not be charged.
- Refunds. If the Provider that you are scheduled with does not answer your call, cancels your appointment within the 24-hour window, or there are connection issues that hinder communication, you may be eligible for a refund of the Standard Charge for the scheduled appointment. If you wish to request a refund for one of the above-mentioned reasons, submit your request to firstname.lastname@example.org or call us at (609) 642-9100 with a detailed description of the incident within three (3) business days. If we can verify the details of the incident with the Provider, a refund will be issued to your original form of payment upon our investigation and confirmation of the incident with the Provider.
As part of providing you with access to and use of the Platforms and Services, and connecting you with Providers for Telemedicine Services, we may provide you with certain communications, such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Platforms and Services (“Communications”). These Communications are considered part of the Services and your Account. You agree and consent that any Communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You understand that by using the Platforms you are agreeing to these Terms and that such action constitutes a legal signature. You agree that we may send to you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting Communications on the Platforms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your Account. EDOC TELEMED cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by EDOC TELEMED on behalf of your applicable Provider.
Message and data rates may apply for any Communications sent to you from us and for any communications to us from you. You will receive varied frequency of Communications. If you have any questions about your text plan or data plan, it is best to contact your wireless or data provider.
EDOC TELEMED devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal strength of your mobile device.
You may deactivate your Account and end your registration with the Platforms and Services at any time, for any reason by sending an email to email@example.com. EDOC TELEMED may suspend or terminate your use of the Platforms and Services, your Account and/or registration for any reason at any time. Subject to applicable law, EDOC TELEMED reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platforms or through the Services pursuant to its internal record retention and/or content destruction policies. After such termination, EDOC TELEMED will have no further obligation to make available the Platforms or Services, except to the extent we are obligated to provide you access to your health information or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORMS OR SERVICES IS AT YOUR SOLE RISK. BOTH THE PLATFORMS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EDOC TELEMED 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 DATA AND SYSTEM INTEGRATION. MOREOVER, EDOC TELEMED DOES NOT WARRANT THAT ACCESS TO OR USE THE PLATFORMS AND SERVICES WILL BE UNINTERRUPTED OR THAT DEFECTS IN THE PLATFORMS AND SERVICES WILL BE CORRECTED.
- LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EDOC TELEMED OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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 PLATFORMS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE. THE MAXMIMUM LIABILITY OF EDOC TELEMED TO YOU WITH RESPECT TO YOUR USE OF THIS SITE SHALL BE $500 (FIVE HUNDRED DOLLARS).
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.
You agree to indemnify, defend and hold harmless EDOC TELEMED, 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.
- Force Majeure
- Linked Locations
WE WILL NOT BE LIABLE FOR 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.
The Platforms and Services, and their 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 EDOC TELEMED, 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 permit you to use the Platforms and Services 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 the Platforms except as generally and ordinarily permitted through the Platforms according to these Terms. You must not access or use for any commercial purposes any part of the Platforms or any Services or materials available through the Platforms.
Certain of the names, logos, and other materials displayed on the Platforms or through the Services may constitute trademarks, trade names, service marks or logos ("Marks") of EDOC TELEMED or other entities. You are not authorized to use any such Marks without the express written permission of EDOC TELEMED. Ownership of all such Marks and the goodwill associated remains with us or those other entities.
- Governing Law
These Terms and your use of the Platforms and Services shall be governed by the laws of the State of New Jersey, without giving effect to the principles of conflict of laws. You hereby waive any objections to such jurisdiction.
- Dispute Resolution
No waiver by EDOC TELEMED of any term or condition set forth in these Terms 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 EDOC TELEMED to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 will continue in full force and effect.
These Terms are the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the Platforms and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Please send any questions or report any violations of these Terms to firstname.lastname@example.org.