1. Acceptance of Terms
By accessing and using the services provided by Caresful, Inc. (“Caresful,” “we,”
“us,” or “our”), including our website located at www.caresful.com (the “Website”)
and our telehealth platform (the “Platform”) (collectively, the “Services”), you
(“User” or “You”) agree to be bound by these Terms of Use (“Terms”) and our Privacy
Policy. If you do not agree to these Terms, please discontinue use of the Services
immediately.
2. Description of Services
Caresful provides a Platform that facilitates connections between Users and
independent healthcare providers (“Providers”) for telehealth consultations, lab
testing, and prescription services. The Platform enables both real-time and
asynchronous communication between Users and Providers.
3. User Eligibility
The Services are intended for individuals who are at least 18 years old. By using
the Services, you represent and warrant that you are at least 18 years of age. If
you are under 18, please do not use the Services.
4. User Accounts
To access certain features of the Services, you must create an account by providing
accurate and complete information. You are responsible for maintaining the
confidentiality of your account credentials and for all activities that occur under
your account. You agree to notify us immediately at support@caresful.com of any
unauthorized use of your account.
5. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Attempt to gain unauthorized access to any part of the Services or any other systems or networks connected to the Services.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
6. Medical Services and Related Advice
Caresful does not provide medical advice, medical services, or medical care. We
contract with independent, physician-owned medical groups with a network of United
States-based Providers who provide clinical telehealth services. Providers deliver
clinical services via our Platform to their patients. The doctor-patient
relationship is between you and the Provider you select.
7. Risks of Telehealth Services
By using our Services, you acknowledge the potential risks associated with telehealth services, including but not limited to the following:
- Delays in evaluation and treatment due to technological failures.
- Lack of access to complete medical records, which may result in adverse drug interactions or allergic reactions or other judgment errors.
8. Fees and Payment
Certain aspects of the Services may require payment. You agree to provide accurate
billing information and authorize us to charge your payment method for the services
and products you purchase. All fees are as quoted on the Website or Platform. We may
revise our fees from time to time at our discretion. We will provide you with notice
of any increase in fees by email or by posting on the Website or Platform.
9. Intellectual Property Rights
The Services and their entire contents, features, and functionality are owned by
Caresful or its licensors and are protected by intellectual property laws. You are
granted a limited, non-exclusive, non-transferable right to access and use the
Services for your personal, non-commercial use.
10. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which describes how
we collect, use, and disclose information. By using the Services, you consent to our
collection and use of your information as outlined therein.
11. Limitation of Liability
To the fullest extent permitted by law, Caresful and its affiliates, licensors, and
service providers shall not be liable for any indirect, incidental, special,
consequential, or punitive damages arising out of or related to your use of or
inability to use the Services.
12. Indemnification
You agree to indemnify and hold harmless Caresful, its affiliates, and their
respective officers, directors, employees, and agents from any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees arising out of or
relating to your violation of these Terms or your use of the Services.
13. Changes to Terms
We may update these Terms from time to time. We will notify you of any changes by
posting the new Terms on this page. Your continued use of the Services after such
modifications will constitute your acknowledgment of the modified Terms and
agreement to abide and be bound by them.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State
of New York, without regard to its conflict of law principles.
15. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating in any way to these
Terms; the breach, termination, enforcement, interpretation, or validity thereof; or
your use of the Services shall be determined by binding arbitration in New York. By
agreeing to these Terms, you understand and accept that the U.S. Federal Arbitration
Act governs the interpretation and enforcement of this provision, and that you and
Caresful are each waiving the right to a trial by jury or to participate in a class
action.
16. Contact Information
If you have any questions about these Terms, please contact us at:
legal@caresful.com
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Caresful Inc. and/or its subsidiaries (collectively, “Caresful”, “we”, or “us”) owns and operates the websites located at www.caresful.com and www.freehivtest.com and may have previously, now or in the future own and/or operate a “Caresful” and/or “FreeHIVTest.com” mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Caresful, and any affiliated website, software or application owned or operated by Caresful (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).