Q.Care

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PediaQ, LLC, a Texas corporation (“We,” “Us,” “PediaQ,” or the “Company”), offers an interactive mobile application (the “Application” or “App”), the Q.care website, and other products and services (collectively, the “Services”) according to the terms of service (the “Terms” or “Terms of Service”) below, and our separate privacy policy (the “Privacy Policy”), both of which are accessible via the App and our website, Q.care. These Terms govern your access to and use of the Services, so please read these terms and conditions of use carefully before accessing or using the Services. We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.

By accessing or using the Services, you agree to bound by these Terms of Service, as posted and accessible through our Application or website at the time of your access or use, and to use the Services in accordance with the terms and conditions of these Terms of Service, our Privacy Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of these Terms of Service). If you do not agree to the terms and conditions of use for the Services as set forth in these Terms of Service, you may not use the Services.

What Service does Q.care Provide?

Q.care is designed to offer information and a means to enable you to obtain in-person treatment for common medical conditions by facilitating the connection between you and nearby health care professionals through the use of the Application. For the avoidance of doubt, the capitalized word “Services” as used in these Terms of Service refers only to our Application, website and related content and does not refer to the in-person treatment that users receive from third-party health care professionals.

How to Use the Services?

(i) To use the Services, you first need to sign up with Q.care. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, credit card information, managed care insurance information (if you have it), and information about your primary care provider (if you have one). Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.

(ii) To use the Services you must be 18 years of age or older and reside in a jurisdiction in which we offer the Services. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. You represent that you are of legal age to enter into a binding contract.

(iii) The Application is designed to enable you to send a request for non-emergency medical care to a health care professional. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Application – detects your location. The Application identifies to you healthcare professionals who have contracted with us. You will be able to request a health care professional who can provide healthcare services to you. Once a request has been made, the Application then sends a message to the professional and asks the professional whether he or she would like to provide you with the requested healthcare services. In the event a health care professional provides you with healthcare services, the Application schedules those services and where appropriate bills you and or your insurance company on behalf of the healthcare professional. We make no representation or warranty to you that any health care professional will be available to perform health care services other than during published hours of operation.

Your Use of the Services.

(i) You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device.

(ii) By accessing or using the Services, you further agree that:

  1. You will only use the Services for your sole, personal use and you will not resell them to a third party;
  2. You will not copy or distribute the Services or other Services content;
  3. You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
  4. You will not use the Services for any purpose in violation of local, state, federal or international laws;
  5. You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
  6. You will not impersonate another person;
  7. You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
  8. You will comply with all applicable third-party terms of agreement when using the Services (e.g., your wireless data service agreement);
  9. You will ensure that no unauthorized person shall have access to your mobile device or your PediaQ passwords or accounts;
  10. You will promptly notify us in the event your PediaQ passwords or accounts have been compromised;
  11. You will not assign or otherwise transfer your account to any other person or entity;
  12. You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
  13. You will provide us with whatever proof of identity we may request.

(iii) We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

(iv) You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.

Modifications to, or Discontinuation of, the Services.

(i) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Application License.

(i) Subject to your compliance with the terms and conditions of these Terms of Service, PediaQ grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.

(ii) You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.

Our Right to Use User-Provided Content.

(i) We may, in our sole and exclusive discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

(ii) You acknowledge that PediaQ only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole and exclusive discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

(iii) Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third-party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

(iv) You agree to indemnify and hold harmless PediaQ, PediaQ’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.

Payment.

(i) The App is free to download and use. For services other than nurse triage, you are only charged when you engage a health care professional. If you do not have managed care insurance or choose not to use your insurance the professional fees for services by a healthcare professional are listed on our website. Your payment includes a portion that is obtained by us for administrative services in connection for providing the technology (convenience fee).

(ii) Our website and our Application will list the fees that apply for cash based in-person medical services provided by the health care professionals. From time to time, this information may be modified or updated. And you understand that it is your responsibility to remain informed about the current rates for the medical services made available through the Application.

(iii) Your healthcare provider shall, on behalf of the health care professional, charge you and/or your insurance company for the medical services provided to you by that health care professional. You agree that you are responsible for payment of all medical services you receive from the health care professional, and in the event that your insurance company does not pay for such services, that your healthcare provider or PediaQ may charge your credit card, as provided by you when registering for the Services, for the medical services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing a valid credit card account for payment of all fees at all times. In the event that a payment is declined and you have provided more than on credit card, we will process payment on the first card provided. In the event that attempts for payment on the second card is declined for any reason, we will process payments on subsequent cards based on the order in which they were provided. In the event that all credit cards are declined, we will ask that a new valid credit card be provided. All payments made are non-refundable.

(iv) We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Service. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a health care professional), PediaQ will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

(v) We maintain that all information provided through our website remains private and is not shared with any third parties. We make every effort to insure the security of your information pursuant only to the terms and conditions as outlined in this agreement.

HEALTH INSURANCE

If you will be using health insurance, you will be asked to scan your insurance card upon registration and present your current insurance card at the time of your visit. If your insurance has a co-payment indicated on your card, we will charge that amount to your credit card at the time of your visit. If no co-payment is indicated on your insurance card, we will charge your credit card a standard co-pay.

Your healthcare provider will file an initial claim based upon the insurance information that you have provided to us. Under state law, your insurance company has 30 days in which to process and pay the claim, request more information, or deny the claim and notify us of the decision. If they have not notified us within 90 days of the date of service, it will be assumed that your insurance coverage is no longer in force and the unpaid balance will be your responsibility.

Electronic Communication

You agree to receive Email and SMS that may contain personal health information. We take your privacy seriously and will never share your personal health information. We use email and SMS to send medical-related messages that may include personal health information. Email and SMS are not inherently secure and have some level of risk that they could be read by a third party.

Consent to Care & Treatment

You agree and give your consent to the rendering of medical care and treatment by medical doctors, hospitals, and/or their authorized designees, as may in their professional judgement be necessary to provide for the medical care of you, your spouse, and/or your dependents.

You acknowledge that no guarantees have been made to you as to the effect of such examinations or treatment on the condition of you, your spouse, and/or your dependents and that you are responsible for all reasonable charges in connection with the care and treatment rendered to you, your spouse, or your dependents during this period.