Terms of Service for TrueCare24

Terms of Service for TrueCare24

Introduction

These terms of service govern your use of TrueCare24 mobile application, TrueCare24 (the App) and website, www.TrueCare24.com (the Website); by using the App or Website, you accept these terms of service (the Terms of Service) in full and without reservation. If you disagree with the Terms of Service in all or in part, you must not use the App or Website.

Eligible users

You must be at least 18 (eighteen) years of age to use the App or Website. By using the App or Website and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age. You are only eligible to use our App or Website if you are located within our service area, which is available in detail on the Website.

Service availability

TrueCare24 will make best efforts to:
– provide access to the App and Website seven days a week, twenty-four hours a day;

– connect callers with home-based health care services providers seven days a week, from 8 am to 10 pm;

– provide access to telemedicine (phone calls, video calls, on-line chat) seven days a week, twenty-four hours a day.

TRUECARE24 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APP, WEBSITE OR SERVICES, OR THAT THE APP AND WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

TRUECARE24 HAS NO CONTROL OVER THE SERVICES PROVIDED BY THIRD PARTIES, INCLUDING MEDICAL SERVICE PROVIDERS, AND CANNOT ENSURE THE COMPLETION OF ANY ARRANGED SERVICE.

License to use App and Website

Unless otherwise stated, TrueCare24 and/or its licensors are the owner of any materials published or used on the App and Website from time to time (the Materials). Materials may include logos, graphics, videos, images, software and other contents. The App and Website are owned and operated by TrueCare24 Subject to any restrictions stated in the Terms of Service, and your compliance with the Terms of Service, TrueCare24 hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the App and Website solely for your personal use. You must not:
– reproduce, duplicate, copy or otherwise exploit any Material for a commercial purpose;

– republish any Material in neither print nor digital media or documents (including republication on another website or mobile app);

– sell, rent or sub-license any Material;

– show any Material in public;

– edit or otherwise modify any Material;

– redistribute any Material – except for content specifically and expressly made available for redistribution; or

– republish or reproduce any part of the App or Website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Mobile application

To use the App you must have a mobile device that is compatible with the mobile service. TrueCare24 does not warrant that the App will be compatible with your mobile device. TrueCare24 hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App 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 App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that TrueCare24 may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and TrueCare24 and its licensors retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

The following additional terms and conditions apply with respect to the App that TrueCare24 provides to you designed for use on an Apple iOS-powered mobile device (the iOS App):

– You acknowledge that these Terms of Service are between you and TrueCare24 only, and not with Apple, Inc. (Apple).

– Your use of TrueCare24’s iOS App must comply with Apple’s then-current App Store Terms of Service.

– TrueCare24, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

– You agree that TrueCare24, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms of Service and any law applicable to us as provider of the iOS App.

– You agree that TrueCare24, and not Apple, shall be responsible, to the extent required by the Terms of Service, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

– You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

– You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

– The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to the Terms of Service as they relate to your license of TrueCare24’s iOS App. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

Geo-location

TrueCare24 may make available certain functionality and services provided by third-parties that allow TrueCare24 to include maps, geocoding, places and other content from Google, Inc. (Google) as part of the services (the Geo-Location Services). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Acceptable use

You must not use the App or Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the App or Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The involved parties will ensure that all engagement (e.g. any form of communication, billing, etc) with either of the parties is through TrueCare24. Any of the involved parties must not instigate others to not use TrueCare24.

You must not use the App or Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the App or Website without www.truecare24.com’s express written consent. This includes:

– scraping

– data mining

– data extraction

– data harvesting

– ‘framing’ (iframes)

– article ‘Spinning’

You must not use this Website or mobile App or any part of it to transmit or send unsolicited commercial communications.

You must not use this Website or mobile App for any purposes related to marketing without the express written consent of www.truecare24.com.

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.

You shall not sign up, contact or request a Medical Services Provider under a false name.

TRUECARE24 PATIENT AUTHORIZATION

TRUECARE24 PATIENT AUTHORIZATION FOR RELEASE OF SENSITIVE HEALTH INFORMATION (for chat, forms, phone calls and other TrueCare24 touch points) By providing information on a TrueCare24 form, chat box, or phone call, you authorize TrueCare24 and its care partners to obtain, store, and transmit health related information, including sensitive health information. You may revoke this authorization by not providing information to TrueCare24. Accepting this authorization is voluntary. By accessing the TrueCare24 services, you are authorizing the use or disclosure of sensitive health information.

Restricted access

Access to certain areas of the App or Website is restricted. TrueCare24 reserves the right to restrict access to certain areas of the App or Website, or at its discretion, this entire App or Website. TrueCare24 may change or modify this policy without notice.

If TrueCare24 provides you with a user ID and password to enable you to access restricted areas of the App or Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.

TrueCare24 may disable your user ID and password at its sole discretion without notice or explanation.

Medical services

TrueCare24 connects you with nearby Medical Service Providers, allowing them to diagnose, give medical advice and, as the case may be, deliver medical treatment in person.

The Medical Services Providers that TrueCare24 connects you with are not employees nor agents of TrueCare24. TrueCare24 is not a provider of health care services and takes no part in your medical diagnosis and/or treatment. Neither TrueCare24 nor any of our licensors or suppliers shall be liable for any professional advice obtained from a health care professional in-person, via telephone, videoconference or chat, as provided by our service, nor for any information obtained on our App or Website. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers we provide or information provided by our health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law. Consult with your regular licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed health care provider.

Payment

Services provided by Medical Service Providers using TrueCare24 platform are direct to consumer, self-pay services. We do not accept insurance or other health coverage and the services may not be covered under any health benefit plan or insurance coverage plan. You will be responsible for all fees for the Services provided through the App or Website. You are solely responsible for all charges incurred by using the Services, including your in-person visits from a Medical Service Provider.

Usage of the Services may require a valid credit card, and all the billing will be performed by and should be paid to the relevant Medical Service Providers.

In the case the visit is cancelled by the user, cancellation fee up to 100% of the visit price can be deducted. TrueCare24 reserves the right to follow the cancellation policy of the medical provider.

Subscription plan

The membership is effective upon receipt of membership materials.

This plan is NOT insurance. The plan is not insurance coverage and does not meet the minimum creditable coverage requirements under the Affordable Care Act. This subscription plan program contains a 30 day cancellation period. Member shall receive a full refund of membership fees if membership is cancelled within the first 30 days after the effective date. Discount Medical Plan Organization: New Benefits, Ltd., Attn: Compliance Department, PO Box 671309, Dallas, TX 75367-1309. Only available to CA residents.

Conditions

By signing up for TrueCare24 and using the Services, you are not entering into a medical service provider/patient relationship with TrueCare24. You may be entering into a medical service provider/patient relationship with a nearby on-call medical service provider that TrueCare24 connects you with.

You understand that your medical history, physical status or any other medical details (the Medical Information) shared with a Medical Service Provider via phone conversation, on-line chat or in-person visit will never be shared with TrueCare24. Medical Information will only be collected, processed, maintained and stored by the relevant Medical Service Providers. TrueCare24 will not collect nor process any Medical Information on behalf of any Medical Service Providers.

You understand that there is no guarantee that a Medical Service Provider will prescribe any medication at all, and that specific treatments or therapy are not guaranteed. You understand that all Medical Service Providers will operate in a professional manner and in accordance with relevant state regulations, laws and codes, and medical ethics requirements that have been established.

You understand that all Medical Service Providers reserve the right to deny care or medical advice for potential misuse of services, if they feel that their life may in any way be threatened or jeopardized, or as otherwise required by law or reasonable medical ethics concerns.

Member Verification

Member Verification by Members. You are responsible to make Your own decision regarding the other Members that You engage through the Site. TrueCare24 may make a third-party verification service available to Members. Members may use this service to verify information of other Members such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If You decide to use or access information provided by a third-party verification service offered through the Site, You do hereby represent, understand and expressly agree that TrueCare24 is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, You understand that TrueCare24 may review the information provided by the third-party verification service. If You use the third party verification service, and such verification is governed by the Fair Credit Reporting Act (the “FCRA”), You represent and warrant that You will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. TrueCare24 expressly disclaims any and all liability that may result from the use of the information provided by the third party verification service.TrueCare24 expressly disclaims, and You expressly release TrueCare24 from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to (a) any misstatements and/or misrepresentations made by any Member or (b) THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY BACKGROUND CHECK provided to you in connection with the site or the services.

Optional Member Verification by TrueCare24. You understand and agree that TrueCare24 has the right, but not the obligation, to independently verify any statement made by any Member on the Site or verify that any Member meets any of the eligibility criteria set forth above. In the event that TrueCare24 chooses to verify the representations and warranties or any information provided by You through Your use of the Site, You hereby authorize TrueCare24, either directly or through our vendors or service providers, to attempt to verify such information, which verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credential verification checks, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.

TRUECARE24 EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE TRUECARE24 FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY PROVIDER.

No medical liability

Medical Service Providers are responsible for complying with regulatory and local requirements for malpractice and liability insurance. All interactions (phone calls, on-line chat, in-person visit or others) with Medical Service Providers are between you and the licensed health care expert.

BY USING THE SERVICES, YOU UNDERSTAND THAT THE MEDICAL SERVICE PROVIDERS ARE NOT THE EMPLOYEES NOR THE AGENTS OF TRUECARE24 AND YOU AGREE THAT TRUECARE24 WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE MEDICAL SERVICE PROVIDERS MAY RENDER OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY MEDICAL SERVICE AND/OR ADVICE PROVIDED BY THE MEDICAL SERVICE PROVIDERS.

No Warranties

TrueCare24 does not promise or guarantee that the information provided in the App or Website is correct, current, or complete, and furthermore may contain technical inaccuracies or typographical errors. TrueCare24 does not warrant that the functions contained in the App or Website will be uninterrupted or error-free, that defects will be corrected, or that the App and Website made available are free of viruses or other harmful components. You (and not TrueCare24) assume the entire cost of all necessary maintenance, repair, or correction. TrueCare24 assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.

Limitations of Liability

You agree to indemnify, defend, and hold harmless TrueCare24, its officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneysÕ fees, resulting from any violation of the Terms of Service, and/or resulting from actions or omissions related to your interaction with the Medical Service Providers.

YOU EXPRESSLY AGREE THAT USE OF APP AND WEBSITE IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TRUECARE24 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. TRUECARE24 MAKES NO WARRANTY THAT THE APP, WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APP, WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TRUECARE24 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR WEBSITE, OR THAT DEFECTS IN THE APP OR WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUECARE24 OR THROUGH THE APP OR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TRUECARE24 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 (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP OR WEBSITE. THE AGGREGATE LIABILITY OF TRUECARE24 TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR WEBSITE IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. 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.

Reasonableness

By using the App or Website, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.

If you do not think they are reasonable, you must not use the App or Website.

Severability

If any provision of the Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Breaches of the Terms of Service

Without prejudice to TrueCare24’s other rights under the Terms of Service, if you breach the Terms of Service in any way, TrueCare24 may take such action as TrueCare24 deems appropriate to deal with the breach, including suspending your access to the App or Website, prohibiting you from accessing the App or Website, blocking computers using your IP address from accessing the App or Website, contacting your internet service provider to request that they block your access to the App or Website and/or bringing court proceedings against you.

Changes to Terms of Service

TrueCare24 may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of the App and Website from the date of the publication of the revised Terms of Service on the App or Website. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

The Terms of Service, together with TrueCare24’s Privacy Policy (https://truecare24.com/privacypolicy) constitute the entire agreement between you and TrueCare24 in relation to your use of the App and Website, and supersede all previous agreements in respect of your use of the App or Website.

Law and jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of DELAWARE, USA, and any disputes relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of DELAWARE, USA.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The App and Website are provided by TrueCare24, Inc., 8270 Woodland Center Blvd PMB 548, Tampa FL 33614, 94404 (510)417-5142. If you have a question or complaint regarding the App or Website, please contact Customer Service at [email protected] You may also contact us by writing TrueCare24, Inc., 8270 Woodland Center Blvd PMB 548, Tampa FL 33614. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297.

Contact Us

If you have any questions about the Terms of Service or otherwise need to contact TrueCare24 for any reason, you can reach us at Support Team at [email protected]