Terms & Conditions

 

Last revision: Sept 1, 2020

CONSENT TO TELEHEALTH SERVICES

All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms “Klarity”, “we”, “us”, or “our” refer to Klarity Health Corp and the terms “you” and “yours” refer to the person using the Service.

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who is not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information or other data between a member and a healthcare provider;

  • Interactions between a member and healthcare provider via audio, video and/or data communications; and

  • Use of output data from medical devices, sound and video files.

The electronic systems used in the Klarity Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Possible Benefits of Telehealth

  • Can be easier and more efficient for you to access medical care and treatment.

  • You can obtain medical care and treatment at times that are convenient for you.

  • You can interact with providers without the necessity of an in-office appointment.

Possible Risks of Telehealth

  • Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s).

  • The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.

  • Your provider may not be able to provide medical treatment for your particular condition via telehealth and you may be required to seek alternative care.

  • Delays in medical evaluation/treatment could occur due to failures of the technology.

  • Security protocols or safeguards could fail to cause a breach of privacy.

  • Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

 

By accepting this Consent to Telehealth, you acknowledge your understanding and agreement to the following:

  • I have read this special Consent to Telehealth carefully, and understand the risks and benefits of the use of telehealth in the medical care and treatment provided to me through Klarity platform by “Providers”.

  • I give my informed consent to the use of telehealth by providers affiliated with Klarity.

  • I understand that the delivery of healthcare services via telehealth is an evolving field and that the use of telehealth in my medical care and treatment may include uses of technology not specifically described in this consent.

  • I understand that while the use of telehealth may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.

  • I understand that “Providers” may determine in his or her sole discretion that my condition is not suitable for treatment using telehealth, and that I may need to seek medical care and treatment in-person or from an alternative source.

  • I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telehealth services.

  • I understand that I have access to all of my health and wellness information pertaining to the telehealth services in accordance with applicable laws and regulations.

  • I understand that I can withhold or withdraw this consent at any time by emailing Klarity with such instruction. Otherwise, this consent will be considered renewed upon each new telehealth consultation with “Providers”.

  • I agree and authorize my health care provider to share information regarding the telehealth exam with other individuals for treatment, payment and health care operations purposes.

  • I agree and authorize my health care provider to release information regarding the telehealth exam to Klarity and its affiliates.

Informed Consent

If your physician has indicated that a controlled medication may assist in your symptomatic relief you agree to the following.

Controlled medicine can be dangerous and habit forming. These medicines must be taken only as prescribed by your doctor. Please read this consent and agreement thoroughly and ask any questions you may have. If you are in agreement and fully understand the benefits and risks of the medications, sign and date below.

• I understand that the medication I am being prescribed may cause addiction, but my physician feels it is necessary for the treatment of my condition. My physician has explained to me the potential risks, the potential short and long-term side effects; the risk of drug interactions and over-sedation; the risk of misuse and overdose. I accept these risks.

• I agree to take this medication only as prescribed by my physician.

• I agree to attend all scheduled appointments with my physician, PA or Medical Assistant.

• I understand that refills will not be given early.

• I will not obtain controlled substances from any other providers unless authorized by my primary prescriber, because it may be considered illegal to obtain controlled substances from multiple providers.

• I understand that these medications are for my personal use only.

• I understand that it is illegal, and can be reported to the police, to give or sell my medication to others.

• I agree to not use any illegal substances, including but not limited to marijuana, cocaine, or any other “street drugs”.

• I understand that it is illegal for me to use medications that are not prescribed to me.

• I understand that I am responsible for my own medication. Lost or stolen medication will not be replaced.

• I give up the right to privacy protections with regard to my prescription for controlled substances. The physician or his staff may talk with other physicians, pharmacists or family members to confirm appropriate medication use.

• I understand that I may obtain my controlled substances from only one pharmacy, and I agree to update my physician’s office of any changes in the pharmacy I use.

• I understand these medications may interfere with my ability to drive and/or operate heavy machinery.

• I have reviewed this Informed Consent and Treatment Agreement for Controlled Substances. I understand it and continue to agree to honor the Agreement. I understand that failure to do so may result in my discharge from this medical practice.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2.  Make any unauthorized use of the Platform Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3.  Use a buying agent or purchasing agent to make purchases on the Site.

4.  Use the Site to advertise or offer to sell goods and services.

5.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

6.  Engage in unauthorized framing of or linking to the Site.

7.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

8.  Make improper use of our support services or submit false reports of abuse or misconduct.

9.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11.  Attempt to impersonate another user or person or use the username of another user.

12.  Sell or otherwise transfer your profile.

13.  Use any information obtained from the Site in order to harass, abuse, or harm another person.

14.  Use the Platform Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

15.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

16.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform Offerings to you.

18.  Delete the copyright or other proprietary rights notice from any Content.

19.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform Offerings.

21.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

22.  Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

23.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

24.  Use the Site in a manner inconsistent with any applicable laws or regulations.


 

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE PLATFORM OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE PLATFORM OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Platform Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Platform Offerings. 

We cannot guarantee the Site and the Platform Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Platform Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Platform Offerings during any downtime or discontinuance of the Site or the Platform Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Platform Offerings or to supply any corrections, updates, or releases in connection therewith.

DISCLAIMER

THE SITE AND THE PLATFORM OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE PLATFORM OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE PLATFORM OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE PLATFORM OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US  DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:  (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Platform Offerings.