- Use of the Site
One Medical Group Limited, (American Medical Centers”, “AMC”, “AMC Online” “we”, “us”, or “our”) operates the website located at www.amcenters.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online tele-health advisory services enabling our members (“Members”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to obtain health advisory 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.
- Data Protection and Privacy
By signing this form, I consent to participate in tele-medicine consultations provided by AMC. I understand that telemedicine involves the use of electronic communications to enable healthcare providers to remotely diagnose, treat, and provide medical advice.
- Data Collection and Processing:
By signing this form, I consent to participate in telemedicine consultations provided by AMC. I understand that telemedicine involves the use of electronic communications to enable healthcare providers to remotely diagnose, treat, and provide medical advice.
- Data Security:
I acknowledge that measures will be taken to ensure the security and confidentiality of my data during transmission, storage, and access. I understand that encryption and other security protocols will be utilized to protect my information.
- Data Sharing:
I consent to the sharing of my medical data with other healthcare practitioners within the AMC group, and directly involved in my care, including specialists and support staff. I understand that this is necessary to facilitate the provision of comprehensive healthcare services.
- Consent Withdrawal:
I understand that I have the right to withdraw my consent for telemedicine services at any time. I acknowledge that withdrawing consent may impact the ability to continue receiving telemedicine consultations.
- Patient Rights:
I understand that I have the right to access my medical data, request corrections to inaccuracies, and file complaints regarding data handling practices. I will be provided with information on how to exercise these rights.
- Duration of Consent:
I understand that this consent is valid for the duration of my participation in telemedicine consultations with AMC. I acknowledge that I may be asked to provide renewed consent for continued services in the future.
- Emergency Situations:
I acknowledge that in the event of an emergency during a telemedicine consultation, appropriate measures will be taken to ensure my safety and well-being. I understand that my medical data may be shared with emergency responders as necessary.
- Language and Accessibility:
I confirm that I have received this consent form in a language that I understand. I acknowledge that I have had the opportunity to ask questions and seek clarification regarding its contents.
- Health Services
The Healthcare Professionals who deliver services through the AMC Website are independent professionals practicing within a group of independently owned entities or professional practices collectively known as “AMC Online Professionals.” AMC Online does not practice medicine or any other licensed profession, and does not interfere with 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 AMC, nor any third parties who promote the services or provide you with a link to the services, shall be liable for any professional advice you obtain from an AMC professional via the SITE or AMC Online App Services.
You acknowledge and agree that AMC Online professional’s opinion forms the best judgment based upon the information you submitted and can only serve as an opinion of the medical situation and is not an alternative to an in-person physician consultation aided by proper history, physical examination, and first hand review, analysis and interpretation of diagnostic testing.
Please do NOT use the Medical Services, including the Online services, for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call your local Ambulance or visit the nearest emergency room or urgent care facility.
- Advisory Services
The purpose of the service provided through the Site is to give patients and their physicians access to additional information which they may or may not choose to utilize in planning medical care. It is not a substitute for offline primary care. The service provided through the Site varies by condition and by country of residence of the patient with special emphasis on providing a medical opinion (which is NOT a medical diagnosis and cannot substitute the advice of a licensed medical doctor in your jurisdiction). In some cases the online nature of the service will make it difficult to verify a medical opinion (particularly with conditions that rely heavily on direct physician-patient interaction for accurate opinion). In those cases, the service provided through the Site will focus on the assessment or recommendation of treatment options.
The service provided through this Site differs from the diagnostic services typically provided by a physician. AMC Online will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, AMC Online may not be aware of facts or information that would affect the medical opinion issued. To reduce the risk to you of this limitation, the Company strongly encourages you to discuss the medical opinion with your physician. By deciding to engage the services of this Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the medical opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Site do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition, disease or injury. You also agree that the second opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of AMC.
None of the Site content (other than information you receive from AMC Online 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.
- Disclaimers
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
To the maximum extent not prohibited by law, in no event will we and our affiliates, providers, employees, officers, directors or agents be liable for any consequential, exemplary, incidental, special or punitive damages, including without limitation those relating to lost profits or the cost of substitute products or services arising out of or in connection with the medical services or from the use of or inability to use the medical services, whether based on contract, warranty, product liability, tort or other legal theory and even if we have been informed of the possibility of such damages.
- Service Use Termination
You may terminate your use of the Services at any time by not using the Services. If you wish to terminate your membership, you can do so by logging into your account and selecting “cancel membership” or contacting us via email at online@amcenters.com. If you terminate your membership, your membership will remain active until the end of your then-current membership period. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms of Use or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination. If we terminate your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Annual Membership Fee that you paid for the remainder of your membership period.
- Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.
The following is a list of the type of actions that you may not engage in with respect to the Services:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
- You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
- You will not attempt to probe,scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
- You will not use, display, "frame" or "mirror" any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
- You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
- Intellectual Property Rights
American Medical Centers. and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by AMC. or other respective owners.
- Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account (if applicable).
- Use of the Services by Children
The Services are available for use by children but children are not authorized to become Members and may not use the Services without the supervision of a 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. 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. In addition, 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 AMC Online Healthcare Professionals through the Site and to refrain from contacting Healthcare Professionals for telehealth services outside of the Site. AMC 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 Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
- 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. AMC Online 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 AMC Online or AMC Online health professionals or their 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 we 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.
- Indemnification
You agree to indemnify, defend and hold harmless American Medical Centers, AMC Online Professionals and their 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.
- Disclosures
All Health Professionals performing licensed clinical services on the Site hold the professional licenses issued by the professional licensing boards or agencies in the countries where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by an AMC Online Healthcare Professional confidentially to online@amcenters.com. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.
Any clinical records created as a result of your use of the Services will be securely maintained by AMC on behalf of AMC Online Professionals for a period that is no less than the minimum number of years such records are required to be maintained under European Union Law, which is typically at least five years.
- 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 by American Medical Centers. its licensors or other providers of such material and are protected by 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.
- Trademarks
Certain names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of AMC Online or other entities. You are not authorized to use any such Marks without the express written permission of American Medical Centers. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities.
- Privacy and Communications
AMC Online will make every effort to comply with GDPR privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your AMC Online Healthcare Professional during a health session or therapy session is legally confidential. We devote considerable effort toward ensuring that your personal information is secure.
As part of providing you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account.
- SMS Communications,Texts, Notifications, Emails
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 Communications through electronic means including but not limited to: (1) by email, 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 (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and AMC Online. AMC cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by AMC Online.
The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services. If you send the message "STOP" to us at online@amcenters.com, we will send you a reply message to confirm that you have been unsubscribed from SMS Messages. After this, you will no longer receive SMS Messages from us. In all cases, please write to us directly at the primary email for communication.
- Miscellaneous
These terms of use and your use of the site shall be governed by EU laws 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 EU 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. All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. The parties agree to the personal and subject matter jurisdiction and venue of the courts for any action related to these terms of use.
- Questions, Comments, and Complaints
Please send any questions or report any violations of these Terms of Use to AMCs General Counsel or Compliance Officer at online@amcenters.com