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Terms And Conditions

InstaConsult Website Terms of Use

Thank you for visiting our website (the “Site”), which is owned and provided by InstaConsult (including its affiliates, “InstaConsult,” “we” or “us”). Your use and access of the Site, the InstaConsult platforms or mobile applications (the “App”) and the services offered through the Site and the App is governed by and subject to the following terms and conditions (these “Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy found at https://instaconsult.pro/privacy-policy/, incorporated herein by reference, do not use the Site, the App or any services offered through the Site or the App. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE OR THE APP, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, ON BEHALF OF YOURSELF AND YOUR MINOR CHILD, AS APPLICABLE, AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY, ON BEHALF OF YOURSELF AND EACH MINOR CHILD OF WHOM YOU ARE A PARENT OR LEGAL GUARDIAN, TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE OR THE APP.

 

Services Provided

InstaConsult is a platform facilitating remote, patient-initiated consultations with healthcare providers to create a more convenient and efficient consultation process. Through the Site and the App we provide the following services (the “Services”):

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR HEALTH OR THE HEALTH OF YOUR CHILD, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

The Services do not include the provision of medical care or other professional services by InstaConsult. InstaConsult facilitates the efficient and convenient acquisition of a medical consult from a licensed practitioner for a healthcare consumer.  While the Services may provide access to certain general health information and also may provide messaging functionality, the Services cannot and are not intended to provide medical advice and should not be used for diagnosing or treating a health problem or disease, although the Services may facilitate a licensed practitioner’s ability to provide such advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding the health or medical conditions of you and your child. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider. If you have or suspect that you or your child has a medical problem or condition, please contact a qualified healthcare professional immediately.

THE APP AND SERVICES OF INSTACONSULT ARE NOT INTENDED FOR USE IN MAKING A MEDICAL DIAGNOSIS OR RECOMMENDING CLINICAL TREATMENT BUT ONLY FACILITATING THE INITIAL CONSULT PROCEDURE.  YOU SHOULD ALWAYS TALK TO MEDICAL PROFESSIONAL(S) FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH TREATMENT AND/OR PRESCRIPTION MAY BE APPROPRIATE FOR YOU AND/OR YOUR CHILD. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU AND/OR YOUR CHILD.

Access to certain portions of the Site and the App is restricted to registered users of our Services. As part of our registration process, you must provide us with a valid email address and telephone number.  We need this information so that we can verify your identity, and make the full scope of member benefits available to you through the Site and the App.  Additionally, you must provide us with personal identification information and personal health information about you or your child.  This information will only be used by us as permitted by these Terms and the Privacy Policy.

 

No Doctor-Patient Relationship

 

NO LICENSED MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR THE APP OR THROUGH ANY OTHER COMMUNICATIONS FROM INSTACONSULT, INCLUDING, BUT NOT LIMITED TO, THE SCHEDULING OF AN APPOINTMENT WITH A PROVIDER AND/OR MEDICAL/HEALTHCARE RELATED MATERIALS ON THE SITE OR APP, LINKS TO OTHER SITES OR ANY INFORMATION OR ASSISTANCE PROVIDED ON OR THROUGH THE SITE OR APP TO HELP YOU SCHEDULE AN APPOINTMENT WITH A MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OF ANY MEDICAL PROFESSIONAL OR SPECIALIST OR OTHER INFORMATION HEREIN. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. WE WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY MEDICAL PROFESSIONAL OR SPECIALIST, WHETHER LISTED ON THIS SITE OR NOT.

We have no control over, and cannot guarantee the advice and recommendations provided in virtual consults at any time. We will not be liable for dental work resulting from consults or any injury resulting therefrom, or for any other injury resulting from the use of the Site, the App, or the Services whatsoever.

We strongly advise, and you agree that you will perform, your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care professional, doctor, dentist or other health care provider (collectively, “Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.

 

Registration and Security

When you register, you may be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third-party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

 

Information Provided by You and Privacy

You agree that the information that you provide to us at all times, including during registration and in any information you upload to your online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, account numbers, name of your child, and personal health information about you and/or your child. Changes can be made in your user profile. You are solely responsible for the accuracy and completeness of your information. By proceeding to create an account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your profile will be established and maintained for you as a registered user of the Services to enter, store, and access your health information online. All of the information contained in your profile will be maintained in accordance with these Terms and our Privacy Policy. You agree to provide accurate and complete information for your profile, to periodically review such information, and to update information that you provide as needed. Please refer to our Privacy Policy for more information.

 

Limitations on Use

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

(a) upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
(b) upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
(c) use the Services to collect or store personal data about other users without their express permission;
(d) knowingly include or use any false or inaccurate information in any profile;
(e) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
(f) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content;
(g) attempt to probe, scan or test the vulnerability of any InstaConsult system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
(h) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
(i) use the Services in any way that competes with us;
(j) misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping; or
(k) encourage or instruct any other person or entity to do any of the foregoing.

 

Termination, Modification and Survival

We are continually evolving and innovating the Services, the Site and the App. We may change the Services, the Site, the App, the content we offer, and the products or services you may access at any time. We may discontinue offering the Services, the Site or the App and we may suspend or terminate your right to use the Services, the Site or the App at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you.  After such termination, we will have no further obligation to you or to provide the Services, except to the extent we have agreed in writing to provide you access to your health records, as applicable.

Upon termination of your right to use the Services, the Site or the App or our termination of the Services, the Site or the App, all licenses and other rights granted to you by these Terms will immediately terminate.

You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. Any cancellation request will be handled within 30 days after we have received your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.

 

Intellectual Property

The Services, the Site, the App, and all information and/or content that you see, hear, or otherwise experience on the Site or InstaConsult App (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the Site, the App or our Content by your use of the Services, the Site or the App. When you use our Services, the Site or the App you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by us, the Services are only permitted to be used within the United States of America.

 

Third-Party Links and Resources

We may make available, on the Site, the App and as part of the Services, links to third-party websites or resources from third parties on the Site and the App. We are not responsible or liable for the availability or accuracy of, and we do not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site, the App or through the Services, you must look solely to the third-party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

 

Disclaimer of Representations and Warranties

Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

IN ADDITION, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES, AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

Indemnification

You will indemnify, defend, and hold harmless us, our licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(a) your access to or use of the Services, the Site, the App or the Content;
(b) your violation of any of the provisions of these Terms;
(c) any activity related to your account by you or any other person accessing the Site, the App or Services through your account, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third-party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Limitation of Liability

IN NO EVENT WILL WE OR ANY APPLICABLE LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, THE APP, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, THE APP, THE CONTENT, THESE TERMS, OR ANY CONSULT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE APP.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE, THE APP OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

Waiver of Jury Trial and Class Action

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We do not recommend or endorse any specific tests, doctors, dentists, healthcare providers, procedures, opinions, or other information that may appear on the Site or the App.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Errors and Inaccuracies

The information on the Site and the App, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. We reserve the right to refuse to provide Services that are based on inaccurate or erroneous information on the Site and the App, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

 

Entire Agreement

These Terms constitute the entire agreement between you and us relating to our Services, the Site, the App and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, the App or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Services, the Site, the App or the Content, the signed written agreement will control.

 

Third-Party Beneficiaries

Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.

 

Waiver and Severability

The failure by us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.

 

Governing Law, Jurisdiction and Venue

THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF DELAWARE. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

 

Geographic Restrictions

The owner of the Site is a Limited Liability Company domiciled in the State of Delaware in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Miscellaneous

These Terms are expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the App or information about such InstaConsult App which may be imposed from time to time by the government of the United States of America. You shall not export the App or information about the App without consent of InstaConsult and compliance with such laws, regulations, orders or other restrictions.  You agree that these Terms will not be construed against InstaConsult by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

 

Modification of Terms

We reserve the right to change these Terms at any time in our sole discretion. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of our Services, the Site or the App will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

 

Contact Us

We encourage you to contact us at [email protected] if you have any questions concerning these Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information, personal health information, or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail, our mailing address is:

618 E. South Street, Suite 500
Orlando, Florida, 32801
United States of America

 

Last Revised: [12-10-2020]