Plus263health Doctors Application Services
Terms of Use
Welcome to Plus263health!
Delov Technologies LLC, Delov Technologies Pvt Ltd operating as Plus263health or Plus263health app ("Plus263health," "we," "us," "our") provides its services (described below) to you through its website located at www.plus263health.com (the "Website") and through its mobile applications (the "App") and related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by Plus263health (collectively, including any new features and applications, and the Website and the App, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PLUS263HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THE WEBSITE AND/OR THE APP, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES.
In addition, when using certain services, you are subject to any additional terms and conditions applicable to such services applicable to you as a user of the Services, including, without limitation, the Business Associate Agreement attached as Exhibit A, and the Privacy Policy located at https://Plus263health.com/privacy. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy, which includes those terms and conditions expressly set forth herein and those incorporated by reference before using the Website and the App.
Access and Use of the Service
Services Description: Plus263health provides a platform that facilitates the marketing and sale of healthcare services by healthcare providers to patients searching for healthcare services and the scheduling and payment of healthcare services by Patients. You control the price you are offering each healthcare service, (the "Provider Price") through a provider dashboard.
Plus263health, at our discretion as described in Fees below, may add a transaction or other fee to the Provider Price resulting in the price we list your service for on the site (the "Listed Price").
Provider Agreement:
Your Registration Obligations: You may be required to register with Plus263health in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, whether conducted by you, your organization, employees, or authorized agents. Plus263health is entitled to act on instructions received under your password. You agree to (a) immediately notify Plus263health of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Plus263health is not responsible for any actions taken or transactions made to or from your accounts by any other party using your password, and Plus263health will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to the Service: Plus263health reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, to the extent permitted by applicable law. You agree that Plus263health will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage of Your Information: You acknowledge that Plus263health may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Plus263health's servers on your behalf. You agree that Plus263health shall not be liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Plus263health reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Plus263health reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Website and the App from a mobile device and (c) the ability to access certain features on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Plus263health and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Plus263health account information to ensure that your messages are not sent to the person that acquires your old number.
Electronic Communications
When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By using the Service, you acknowledge and agree that Plus263health may send e-mails relating to your account. You can opt out of your subscription to Plus263health's e-mail services at any time by logging in to the Service and changing your notification preferences. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences. You may choose not to receive emails by unsubscribing.
You agree to use the Services, including as relates to the disclosure and transmission of PHI, in compliance with applicable law. You acknowledge and agree that you are solely responsible for providing Plus263health with accurate contact information, including your mobile device number and email address, where we may send communications. Plus263health is not responsible for user errors and omissions.
Conditions of Use
User Conduct: You agree to use the Services only as directed and approved by Plus263health. Plus263health reserves the right to investigate and take appropriate legal action against anyone who, in Plus263health's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Plus263health, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Plus263health or its users to any harm or liability of any type;
b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) do anything that Plus263health determines, in its sole discretion, is improper;
i) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
- Fees:
The Company's standard onboarding charge of $100 per practice is currently waived due to the COVID-19 crisis.
When a service is booked via the Plus263health platform, you will receive 90% of the Provider Price.
The Listed Price may include either a minimum $1 service fee or 10% of the Provider Price (the "Fee") for any given service, whichever amount is larger.
Plus263health has the right to change its Fee rate and structure, including moving to a monthly booking fee, at any time, with 15 days notice.
- Plus263health currently does not accept Medical aid, or any other third-party insurance. This service will be introduced in the coming phases.
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- Third Party Distribution Channels
Plus263health offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Plus263health and you acknowledge that these Terms of Service are concluded between Plus263health and you only, and not with Apple Inc. ("Apple"), and that as between Plus263health and Apple, Plus263health, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether expressed or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Smart Doctor's sole responsibility, to the extent it cannot be disclaimed under applicable law.
Plus263health and you acknowledge that Plus263health, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Plus263health and Apple, Plus263health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Plus263health as follows:
support@Plus263health.com
Plus263health,
2 Gunhill road, Harare
Plus263health and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Plus263health, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Plus263health from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Plus263health, our affiliates and our partners or licensors, as applicable (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Plus263health.
The Plus263health name and logos are trademarks and service marks of Plus263health (collectively the "Plus263health Trademarks"). Other Plus263health, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Plus263health. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Plus263health Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Plus263health Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Plus263health be liable in any way for any content, materials or services of, or provided by or on behalf of, any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Plus263health does not pre-screen content, but that Plus263health and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Plus263health and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Plus263health, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The Services help users find and source certain third party services provided by or on behalf of independent providers like you not related to Plus263health. Plus263health does not guarantee or warrant, and makes no representations regarding, any users, their actions, inactions, content or transactions, nor the reliability, quality or suitability of your services for users. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transactions involved. As a third party service provider, by posting or listing your third party services in our directory, or letting us do the same, you give us license to use your listing, including any content, information, and any names, marks or logos therein, in our directory an in promotion of our directory and Services. NEITHER PLUS263HEALTH NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY PROVIDER NOR ANY USER OF THE SERVICES. ANY INDIVIDUALS WHO PROVIDE ANY THIRD PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF PLUS263HEALTH, AND PLUS263HEALTH IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS NOR FOR ANY SERVICES THEY PROVIDE (OR FAIL TO PROVIDE).
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or if you are a Practice User, have obtained all rights and necessary authorizations to do so. By voluntarily providing us with User Content, which may include Personal Information (as defined in the Privacy Policy), you are consenting to our use of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you submit through the Service that is communicated to our partners, affiliates, and medical providers will be accurate and complete. By uploading any User Content you hereby grant and will grant Plus263health and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, the improvement of the Service, and as aggregated and/or de-identified for any lawful purpose, in any form, medium or technology now known or later developed, subject to the Privacy Policy.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Plus263health are non-confidential and Plus263health will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Plus263health may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Plus263health, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Plus263health does not provide any medical advice or services, and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with a patient's individual needs. You represent, warrant and covenant that you, and any individuals who perform any Third Party Services on your behalf, are (and will at all applicable times be) fully licensed, qualified, trained and experienced to perform, and are fully responsible for, all Third Party Services provided. You and your agents will at all times comply with all applicable laws, rules, regulations, and industry standards. You shall be responsible for clearly and conspicuously disclosing to your patients and end users ("end users") (i) that you (and not we) are solely responsible for all content and any Third Party Services you provide, (ii) that we shall have no liability whatsoever to end users, and (iii) that we are not responsible for any disputes between you and your end users (e.g., resulting from the Third Party Services you provide or are supposed to provide). You shall not state or imply otherwise.
Protected Health Information: The terms of the Business Associate Agreement attached as Exhibit A are incorporated into this Agreement.
Our Obligations to provide and process the Services to you, Plus263health shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf, including health care providers. Plus263health may be required by law to disclose information you have provided in using any of the services on the Website and/or the App. Plus263health may also disclose information where someone poses a threat to Smart Doctor's interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of Plus263health that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. In the event that Plus263health receives a court order to disclose information on the Website and/or the App about you or your activities on the Website and/or the App, you agree that such information may be disclosed. You may request that we update or change the information you provided to us or to receive a copy of the information we have stored by emailing us at contact@Plus263health.us or by updating the information in your Member profile. We will make every reasonable effort to honor your wishes, or provide you with an explanation of why we cannot make the changes requested. We may request proof of identity before updating any information.
Third Party Websites and Services
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Plus263health has no control over such sites and resources and Plus263health is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Plus263health will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Plus263health is not liable for any loss or claim that you may have against any such third party.
We may make payments to you through Payoneer and Pay now. Your acceptance of payments is provided subject to the Payoneer and Paynow agreements
Indemnity and Release
You agree to release, indemnify, defend and hold Plus263health and its affiliates and its and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, liabilities, fines, fees, penalties, damages, costs, expenses, including reasonable attorneys' fees, arising out of or related to any allegations, rights, claims, actions of any kind arising out of or related to: (i) injury (including death) or damage to property caused by your or your agents' action or inaction; (ii) your use of the Service, (iii) any content or materials provided by you or your agents, (iv) your connection to the Service, (v) any Third-Party Services you provide, (vi) your violation of these Terms of Service, or (vii) your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred to the extent as a result of any breach of these terms by such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. IN NO EVENT WILL YOU HAVE ANY OBLIGATION TO INDEMNIFY ANY INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE TO THE EXTENT ARISING FROM ANY GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL MISCONDUCT COMMITTED BY ANY INDEMNITEE. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE MAY NOT BE ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES TO THE EXTENT REQUIRED BY APPLICABLE LAW, SUCH AS FROM CERTAIN JURISDICTIONS (SUCH AS NEW JERSEY).
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLUS263HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.PLUS263HEALTH MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLUS263HEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLUS263HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PLUS263HEALTH TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PLUS263HEALTH IN THE LAST TWELVE (12) MONTHS.
EXCEPT FOR YOUR OBLIGATIONS TO INDEMNIFY, DEFEND AND HOLD HARMLESS, YOUR OBLIGATIONS WITH RESPECT TO PRIVACY, CONFIDENTIALITY AND/OR DATA SECURITY (INCLUDING WITHOUT LIMITATION UNDER ANY BAA), YOUR BREACH OF APPLICABLE LAWS, AND/OR YOUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL YOUR TOTAL LIABILITY TO PLUS263HEALTH FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID (OR SHOULD HAVE PAID) PLUS263HEALTH IN THE LAST TWELVE (12) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNIFICATION AND RELEASE", "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." Except as expressly agreed to in writing by Plus263health, you agree that any and all disputes or claims that have arisen or may arise between you and Plus263health, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Except as expressly agreed to in writing by Plus263health, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Plus263health are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator as set forth below, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PLUS263HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TWELVE (12) MONTHS. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Plus263health is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at contact@Plus263health.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute ("Notice"). The Notice to Plus263health should be sent to Plus263health, 2 Gunhill road, Gunhill, Harare, Zimbabwe ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Plus263health and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Plus263health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Plus263health or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Plus263health is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator administered by "Local Zimbabwean registered Abitrator". The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Plus263health and you agree otherwise, the seat of arbitration shall be in Harare. If your claim is for $10,000 or less, Plus263health agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Local Abitration Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the Abitration commitee. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the arbitration committees
, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, you will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, You will have to make arrangements to pay your part of the fees.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Plus263health agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Plus263health written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Plus263health, in its sole discretion, to the extent permitted under applicable law, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Plus263health believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Plus263health may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Plus263health may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, to the extent permitted under applicable law. Further, you agree that Plus263health will not be liable to you or any third party for any termination of your access to the Service.
General
Except as otherwise agreed to in writing by Plus263health, these Terms of Service, in conjunction with the Privacy Policy, constitute the entire agreement between you and Plus263health and govern your use of the Service, superseding any prior agreements between you and Plus263health with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of the City of Harare in Zimbabwe without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, (a) for actions brought by you, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Harare; and (b) for actions brought by Plus263health, Plus263health may bring such actions in the state or federal courts where you are located. The failure of Plus263health to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Plus263health, but Plus263health may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, disease, epidemic, pandemic, earthquakes or floods, civil disorder, strikes, fire or other disaster.
Access and Retention of Medical Records
Doctors practicing on Plus263health shall retain an individual's PHI, as well as any requests for access, amendment or disclosures, and any documentation related to denial of access to PHI for a minimum of seven (7) years, or for the retention period required under applicable state law. Providers may keep records outside of Plus263health and agree to meet these minimum retention requirements.
Patients and other entities may request access to protect health information. Plus263health, Inc. (Plus263health) recognizes that every individual has the right to access his or her PHI maintained in a designated record set. Although a patient's right to obtain, copy, or inspect his or her medical records is not absolute, Plus263health will respond to every request for access in accordance with the requirements of the Health Act of Zimbabwe and applicable Country laws, and the procedures outlined in Plus263health Access and Retention of Medical Records Policy. Providers listed on Plus263health agree to comply with any records for records pursuant to this policy.
Tele-Medicine
Some of our Services may include a tele-health online solution that allows participating medical professionals and health care staff ("Providers") to communicate with their clients, customers and/or patients (collectively, "Patients") to provide health care related services online and perform virtual house calls via Internet connection. We are not responsible for internet connectivity or lack thereof or problems or issues related to the use thereof. We are not a medical service provider, health insurance company, nor licensed to sell health insurance. The Services are not intended for use by Providers and/or Patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring.
The Providers who deliver services through our Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his, her or their services and compliance with the requirements applicable to his/her/their profession and license.
Information provided by Providers and/or Patients is merely transmitted via the Services, not verified or endorsed by us, and is provided on an "as-is" basis and we disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. We shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Providers or Patients on the Service.
If you are a 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.
The use of the Service by any entity or individual to verify the credentials of other Providers is prohibited.
Provider acknowledges and agrees that using the Services to broadcast materials prior to obtaining the intellectual property rights and/or third party consents required to make such copies is in violation of Zimbabwean copyright laws. You shall indemnify and hold us harmless against any and all claims of copyright infringement. Further, you agree to indemnify and hold us harmless against any and all claims of copyright violations, which may rise out of any services, content, or materials you provide, share or display.
The Provider will use the Services only in accordance with applicable standards of good professional practice. While software products such as those available via the Services can facilitate and improve the quality of service that Provider and its personnel offer to Patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Services, and the provision of services, care and/or advice to Patients. In this regard, Provider releases us and waives all potential claims against us as a result of the Provider's use of the Services, and the provision of services, care and/or advice to Patients. As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold us harmless from any claim by or on behalf of any Patient, including those of Provider or its personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a Patient, which is brought against us, regardless of the cause, if such claim arises for any reason whatsoever, out of the use or operation of the Site or Services. To the extent applicable, Provider will obtain our prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of us or defect in the Services.
Your Privacy
At Plus263health, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Questions? Concerns? Suggestions?
Please contact us at contact@Plus263health.us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Last Updated: August 12, 2022
Exhibit A
2 OBLIGATIONS AND ACTIVITIES OF PLUS263HEALTH:
2.1 Plus263health agree to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law.
2.2 Plus263health agree to use appropriate safeguards and comply, where applicable, with with respect to Electronic Protected Health Information, to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement.
2.3 Plus263health agrees to report to the Customer any use or disclosure of Protected Health Information not provided for by this Agreement, including, without limitation, Breaches of Unsecured Protected Health Information, and any Security Incident of which it becomes aware. The parties acknowledge and agree that this Section 2(c) constitutes notice by Plus263health to Customer of the ongoing existence and occurrence of attempted but unsuccessful Security Incidents for which no additional notice to Customer shall be required. Unsuccessful Security Incidents shall include, but not be limited to, pings and other broadcast attacks on Plus263health's firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, so long as such incidents do not result, to the extent Plus263health is aware, in unauthorized access, use or disclosure of Electronic Protected Health Information.
2.4 If applicable, Plus263health agrees to ensure that any Subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of Plus263health agree in writing to the same restrictions, conditions, and requirements that apply to Plus263health under this Agreement with respect to such Protected Health Information.
2.5 Plus263health agree to make available Protected Health Information in a Designated Record Set to Customer as necessary to satisfy Customer's any business associate agreement.
2.6 Plus263health agrees to make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by the Customer pursuant or take other measures as necessary to satisfy Customer's obligations or any business associate agreement.
2.7 Plus263health agrees to maintain and make available the information required to provide an accounting of disclosures to Customer as necessary to satisfy Customer's obligations.
2.8 To the extent that Plus263health is to carry out one or more of Customer's obligations, Plus263health agrees to comply with the requirements of Subpart E that apply to Customers in the performance of such obligations.
2.9 Plus263health agrees to make its internal practices, books, and records available to the Secretary for purposes of determining compliance with Health Act..
3 TERMINATION:
3.1 Obligations of Plus263health Upon Termination. Upon termination of the Agreement for any reason, Plus263health shall:
(i) Retain only that Protected Health Information which is necessary for Plus263health to continue its proper management and administration or to carry out its legal responsibilities;
(ii) Return to you or your designee (to the extent permitted by Health Act of Zimbabwe), or, if you agree, destroy the remaining Protected Health Information that the Plus263health still maintains in any form;
(iii) Continue to use appropriate safeguards and comply with respect to Electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Plus263health retains Protected Health Information;
(iv) Not use or disclose Protected Health Information retained by Plus263health other than for the purposes for which such Protected Health Information was retained; and
(v) Return to Customer, or, if agreed to by Customer, destroy Protected Health Information retained by Plus263health when it is no longer needed by Plus263health for its proper management and administration or to carry out its legal responsibilities.
5.2 Survival. The obligations of Plus263health under this Section 5 shall survive the termination of the Agreement.
6 MISCELLANEOUS:
6.1 Regulatory References. A reference in this Exhibit A to a section in the HEALTH ACT regulations means the provision as in effect or as amended.
6.2 Amendment. The parties agree to take such action as is necessary to amend this Exhibit A from time to time as is necessary for the Customer to comply with the requirements of the HEALTH ACT and any other applicable law.
6.3 Interpretation. Any ambiguity in this Exhibit A shall be resolved to permit compliance with HEALTH ACT.
6.4 Controlling Provisions. In the event that it is impossible to comply with both the Terms and Conditions and this Exhibit A, the provisions of this Exhibit A shall control with respect to those provisions of each agreement that expressly conflict.
Our address
Plus263health
2 Gunhill road, Gunhill
Harare
www.plus263health.com