Last Updated: June 25, 2018.
These terms and conditions (the "Terms") are a legal contract between CareSpace inc. ("CareSpace", "We" or "Us") and "You". the terms explain how you are permitted to use the services provided by and the website located at the url www.GetCareSpace.com (as well as all associated sites linked to www.GetCareSpace.com by CareSpace, its subsidiaries and affiliated companies) (collectively, the "Site"). unless otherwise specified, all references to "Site" include any software that CareSpace provides to you that allows you to access the site from a mobile device (a "Mobile application"). by using this site, you are agreeing to all the terms; if you do not agree with any of these terms, do not access or otherwise use this site or any information contained on this site.
Our services are provided through the Site (which may include Mobile Applications), which is a tele-health online solution that allows participating medical professionals and health care staff ("Healthcare Providers" or "Providers") to communicate with their clients and patients ("Patients") to provide health care services online and perform virtual house calls via a secure Internet connection (the "Services"). We are not a medical service provider, health insurance company, or licensed to sell health insurance.
The Services are not intended for use by health care providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient.
USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
While the Services may provide access to certain general medical information, and also allow patients to communicate with health care providers, the Services we provide cannot and are not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR health care providers FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTH CARE PROVIDER'S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by CareSpace.
To the extent medical advice is provided to you by a health care provider through the Services, such medical advice is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your health care provider is not under the control of CareSpace, nor is it provided to or used by CareSpace.
CareSpace can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by providing a notice on the Site . By using this Site after CareSpace has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
CareSpace may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold CareSpace liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.
We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient's responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). CareSpace has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients. You will be asked to enter a HIPAA business associate agreement with CareSpace.
We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless CareSpace if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the CareSpace or the Site.
CareSpace provides content through the Site that is copyrighted and/or trademarked work of CareSpace or CareSpace's third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, CareSpace hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
As a visitor, you can view, visit and browse through the Site. You need not register with CareSpace to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.
However, in order to access the Services and Materials offered on and through the Site, you must register with CareSpace for an account and receive a password. Registered Users can be Patients or Healthcare Providers. To be able to use and access the Services, Providers shall contract separately with CareSpace, create a "Provider Account" and then invite Patients to join the Provider's CareSpace practice.
(a) Password Restricted Areas of this Site
To register for an account with CareSpace, you must submit the following information through the account registration page on the Site:
(i) Providers: Providers are required to provide certain Personal Information, and information about their practices, including: the Provider's name, date of birth, gender, address, email, mobile and work phone; the Healthcare Provider's practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
(ii) Patients: Patients are required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Healthcare Provider during a video consultation via the CareSpace app. Optional information is not required to register for an account but may be helpful to CareSpace in providing you with a more customized experience when using the Site or its Services.
Once you have created your CareSpace account and provided a user-name and password, you are responsible for maintaining the confidentiality of your CareSpace Password, and you are responsible for all activities that occur using your CareSpace Password. You agree not to share your CareSpace Password, let others access or use your CareSpace Password or do anything else that might jeopardize the security of your CareSpace Password. You agree to notify CareSpace if your CareSpace Password on this Site is lost, stolen, if you are aware of any unauthorized use of your CareSpace Password on this Site or if you know of any other breach of security in relation to this Site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by CareSpace may not register for a new account, nor may designate other individuals to use an account on its or your behalf.
(b) Beta Version of the Site
By registering for an account with CareSpace, you become a "Registered User" with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a "Subscription"). Each Subscription and the rights and privileges provided to a Registered User is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. All Subscription fees are non-refundable under any circumstances.
The fee that we will charge you for your Subscription will be the price detailed in your Order Form when registering to become a Registered User. CareSpace reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Notwithstanding the foregoing, CareSpace shall notify Registered Users of any price changes thirty (30) days prior to any change. CareSpace shall honor any Subscription prices until the expiration of the applicable Subscription Term .
You may pay for your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription. Once your credit or debit card is charged the first Subscription fee, we will begin provisioning your account. Once your account is ready, you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of, and Materials on, the Site.
IMPORTANT NOTICE: CareSpace WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH (DEPENDING ON YOUR CHOICE OF SUBSCRIPTION) YEARLY OR MONTHLY ANNIVERSARY OF THAT DATE THAT CareSpace FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION ORDERING PROCESS, CareSpace WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE YEARLY OR MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE).
EACH SUBSCRIPTION'S AUTOMATIC RENEWAL IS FOR THE SAME PERIOD OF TIME AS YOUR ORIGINAL SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING CareSpace AT Support@GetCareSpace.com. PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. CareSpace REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST, WHICH SHALL NOT BE LESS THAN THIRTY (30) DAYS. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Registered User, and you authorize CareSpace to charge your credit or debit card for any such applicable taxes.
If applicable, you agree to pay all fees or charges to your account based on CareSpace's fees, charges, and billing terms in effect as detailed in your Order Form. If you do not pay on time or if CareSpace cannot charge your credit card or other payment method for any reason, CareSpace reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that CareSpace is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that CareSpace may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
VIII. Special Provisions for Mobile Applications.
CareSpace may make available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. CareSpace does not warrant that the Mobile Application will be compatible with your mobile device. CareSpace hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that CareSpace may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and CareSpace and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that CareSpace provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
The following additional terms and conditions apply with respect to any Mobile Application that CareSpace provides to you designed for use on an Android-powered mobile device (an "Android App"):
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission"). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require CareSpace to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. CareSpace reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that CareSpace determines is inappropriate or disruptive to this Site or to any other user of this Site. CareSpace may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CareSpace's discretion, CareSpace will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold CareSpace and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) CareSpace or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
CareSpace is a trademark of CareSpace in the United States of America. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CareSpace. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.