Medek Terms of Use
Last revision: July 19, 2022
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
A) Use of the Site.
Medek Health Systems, LLC. (“Medek”, “we”, “us”, or “our”) operates the website located at www.medekhealth.com and other related websites including www.medek.io and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer a connection to online telehealth services (the “Connection”) enabling our members (“Members”) to report their health history and engage healthcare professionals (including MDs, ARNPs, and PAs) to obtain medical and healthcare services (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.
Your interactions with the Healthcare Providers via the Connection are not intended to take the place of your relationship with your regular health care practitioners. Not all medical services can be provided by the Healthcare Providers of this Site. The Healthcare Providers used by Medek Health Systems, LLC may provide consultation, based on their studied medical opinion, that making an in-person visit to another Healthcare Provider is needed.
B) Healthcare Services.
The Healthcare Professionals who deliver Services through Medek are independent professionals practicing within a group of independently owned professional practices, including other telemedicine applications. Medek Health Systems, LLC. does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Medek Health Systems, LLC nor any third parties who promote their Services or provide you with a link to their Services shall be liable for any professional advice you obtain from a Healthcare Professional via their Services.
C) Site Content.
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. This includes testimonials, examples, and any marketing material.
D) Privacy
Medek Health Systems, LLC, as Medical Health Collector, and any of its affiliates are required to comply with federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. As part of providing you the Connection, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Connection and your Account. While secure electronic messaging is always preferred to unsecure email, under certain circumstances, unsecured email communication containing personal health information may take place between you and Medek. Medek does not ensure the security or confidentiality of any messages sent by email, or on rare occasions through the US Postal Service. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by the independent Healthcare Providers used by Medek. As a member you may request your medical records which Medek will request from its independent Healthcare Providers to be sent directly to you.
Medical Health Collector; Business Associate of HIPAA complaint Healthcare Providers; past medical records are not storedon our servers but must be obtained thrugh the Healthcare Provider
E) Prohibited Conduct.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- provide information that is untrue, inaccurate, not current, or incomplete;
- transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
- transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Medek and its Providers that you have the legal right and authorization to provide all User Information, including health information, to Medek and its Healthcare Providers for use as set forth herein and required by Medek and the Healthcare Provider.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
F) User Accounts.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Medek (collectively known as “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Site, will be true, accurate, current, and complete. Each member can only create one Account (with the exception of subaccounts established for dependents of whom you are the parent or legal guardian). You may not transfer or share your Account password with anyone. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Medek reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Medek Health Systems, LLC be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Portability of Records
In the event that additional or different healthcare providers are needed to meet the needs of Medek’ members, you grant permission to Medek to transfer your medical records and/or history from the initial Medical Provider, and the compliant third-party servers that they utilize, to the new or additional medical provider who is also required to use third-party compliant servers. Medek reserves the right to be enabled to transfer your records from one of its Medical Provider’s compliant server to another’s Medical Provider’s server. This is the meaning of agreeing to Portability of Records.
Use of the Services by Children/Dependents.
The Services are available for use by children/dependents, but the Member for all patients (those under the age of 18 or those who legally have a guardian due to limited capacity) must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.
Access Rights.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason permitted by law. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. You agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the Site. You agree not to contact Medek’s Healthcare Professionals for telehealth services outside of the Site. Medek is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site. We strongly recommend that you do not use the Connection or the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
G) Fees and Purchase Terms.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Medek with a current and active credit card number, you agree that Medek Health Systems, LLC is authorized to immediately invoice your account for your membership fees, and any approved fees and charges above the cost of membership, if there are any. For membership fees and all other approved fees due to Medek, no additional notice or consent is required. If your employer or association has arranged with Medek to pay your membership fee or any portion of the fee, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, or association to determine if any cost of the Service will be reimbursed.
Medek offers no guarantee that you shall receive any such reimbursement of their membership fees paid by another entity. Medek acknowledges that a majority of Medek members will not receive any reimbursement. Medek reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that Services are provided on an appointment basis. Members are not charge per appointment unless that member has exceeded the membership benefit of THREE appointments per calendar month. Any missed appointments, by the member shall be counted as one of the THREE appointments permitted per month
H) Website Links.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
I) Ownership.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or licensed by Medek Health Systems, LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
J) Trademarks.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Medek or other entities. You are not authorized to use any such Marks without the express written permission of Medek. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
K) Termination.
All memberships are designed to be for 12 consecutive months. Members may deactivate their Account and end their membership at any time with 30 days’ notice, for any reason by sending an email to customerservice@medek.io. Any recurring payments that are scheduled within the next 30 days will be paid to Medek as a final payment. If an annual prepayment was received for the membership, none of it will be returned after 3 days or after the first scheduled appointment, whichever may occur first. Medek may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Medek reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies, after the member has canceled their membership. After termination, Medek will have no further obligation to provide the Connection, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
L) Right to Modify.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MEDEK OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
To the extent that Medek may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
M) Accuracy and Integrity of Information.
Although Medek attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Medek so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Medek shall have no responsibility or liability for information or Content posted to the Site from any non-Medek affiliated third party.
N) Links to Other Sites
Medek makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Medek site, please understand that it is independent from Medek, and that Medek has no control over the Content on that website. In addition, a link to a non-Medek website does not mean that Medek endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
O) Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms 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, earthquakes or floods, civil disorder, strikes, fire or other disaster.
P) Indemnification.
You agree to indemnify, defend and hold harmless Medek, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.
Q) Geographical Restrictions.
Medek makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States. Medek acknowledges that each state has variations in legislating and regulating healthcare services. Services provided in one state may be different in another state. Prior usuage and access in one state does not imply approval and access in another state.
R) Miscellaneous.
All Health Professionals on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians and Healthcare Providers hold advanced degrees in medicine and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Provider by contacting the professional licensing board in the state where the care was received.
You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts. Any clinical records created as a result of your use of the Services will be securely maintained by Medek on behalf of Medek Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
S) Miscellaneous.
These Terms of Use and your use of the Site shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in San Francisco, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms of Use.
You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling Medek Member Support.
No waiver by Medek of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Medek to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Medek devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Medek has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Medek Health Systems, c/o UEFF Software Group, 131 Waterman Avenue, Mount Dora, FL 32757
T) Shipments and Returns.
Payment for products is due prior to product shipment. Orders placed before 4:00 pm Eastern time will be shipped on the same day, orders placed after 4:00 will be shipped the next business day. Orders are normally shipped with UPS, using the option of delivery selected by the customer. A tracking number will be emailed to the customer email address that is provided during the purchase/checkout process.
Orders may be cancelled or changed before shipping at no charge. After an order has been shipped there is a 25% restocking fee for any returned unopened test kits. Please note, we cannot accept opened boxes of test kits — opened test kits are not refundable. Test kits may not be returned after 30 days.
Please contact your salesperson to request a product return. If your purchase was made directly on the Medek Website, you may contact support@medekhealth.com to initiate the return process or call us at (352) 385-1803.
Please report any violations of these Terms of Use to support@medekhealth.com.