By using the SimpleHealth application and associated services (the “Services”), you are agreeing with SimpleHealth, Inc. (the “Company”, “we” or “us”) to be bound by the following terms and conditions (these “Terms of Service”). The Services provide an online platform that connects you to a licensed physician that will perform a medical exam and may issue to you a prescription if appropriate. You may additionally fill your prescription through pharmacies recommended by the Services, but you are not required to do so. If issued a prescription, it may be digitally transmitted to any pharmacy within the Surescripts network. You understand and agree that the Company does not perform medical services; the Company only provides a platform by which you can obtain a prescription on your mobile or web-enabled device. By accepting this Terms of Service, you consent to being evaluated by a properly licensed physician. SimpleHealth, Inc., reserves the right to update and change these Terms of Service without notice.
You must be thirteen (13) years old or older to use the Services and create an account. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all information you provide us and for activity that occurs under your account. You may not use the Services for any illegal purpose or to violate any laws in your jurisdiction. You must provide truthful and accurate information necessary for us to connect you with a physician and for the physician to review, and to place your orders. Your login may only be used by one person – a single login shared by multiple people is not permitted. By accessing or using the Services, you further represent, warrant, and agree that:
- You are 13 or older;
- You will immediately notify us if your State of residence changes (even if only temporarily);
- You are purchasing the Services in good faith and you will only use the Services for your sole, personal use and you will not resell them to a third party;
- You will not copy or distribute the Services or other Services content;
- You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
- You will not use the Services for any purpose in violation of local, state, federal or international laws;
- You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
- You will not impersonate another person;
- You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
- You will ensure that no unauthorized person shall have access to your mobile device or your Company passwords or accounts;
- You will promptly notify us in the event your Company passwords or accounts have been compromised;
- You will not assign or otherwise transfer your account to any other person or entity;
- You will not try to harm the Services or impair the proper operation of the network in any way whatsoever;
- You will provide us with whatever proof of identity we may request;
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.
Payment and Feedback
If you’d like to return a product you may send an email to email@example.com and a representative of the Company will provide you with return information, if the product is eligible for return (see Refunds, below).
All orders are final once shipped. When the package is dispensed by the pharmacy, the order cannot be returned or refunded. Federal law prohibits pharmacies from accepting returns or exchanges on prescriptions, to protect the integrity of the medication and the health of our patients. If you think you’ve received the wrong medication, have received an order in error, or have any other questions, please contact us at firstname.lastname@example.org.
Cancellation and Termination
You may stop using the Services at any time. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Medical Advice Disclaimer
When you use the Services, we may connect you, and information you provide us, with a medical practice in order to provide you a prescription via a remote medical exam. The scope of that exam is limited solely to determining a proper prescription for the type of medical visit purchased through the Services, and does not constitute a general health examination. The exam is in no way a replacement for an in-person health examination, which would typically include a physical examination and bloodwork. When the Company connects you or your information to a medical practice, the Company is acting solely as a conduit between you and the medical practice that provides the exam, with no control over that interaction. In connecting you or your information to a medical practice, the Company is not directly providing you medical advice, diagnosis or treatment when making this connection on your behalf. Additionally, the Company will provide you the opportunity to fill your prescription with a pharmacy recommended by the Services once you have obtained a digital prescription. You may take a prescription obtained through our Services to any pharmacy in the Surescripts network. If you think you may have a medical emergency, call your doctor or 911 immediately. Never disregard professional medical advice or delay in seeking it because of something you have read via the Services. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding potential health conditions. The Company does not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Services. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Services, whether provided by Company, its content providers (including any healthcare providers who provide content through the Services), its clients, visitors to the Services or others, is solely at your own risk.
Any information supplied through this website is for informational purposes or general guidance, and does not constitute medical advice. Health-related content provided through this website is not a substitute for medical advice, and it is important that you not make medical decisions without first consulting your physician or other healthcare professional.
Modifications to Our Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or its corresponding services.
Copyright and Content Ownership
The look and feel of the Services is the copyright of SimpleHealth Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the source code or visual design elements without express written permission from the Company. Notwithstanding the foregoing, the company grants you a limited, non-exclusive, non-transferable and revocable license to use the Services, subject to your compliance with these Terms of Service.
Promotion Codes and Referral Program
SimpleHealth may offer qualified consumers promotions, discounts or offers through a variety of promotional activities and communications (referred to herein as “promotion codes”) that are redeemable toward a SimpleHealth purchase, while supplies last, and subject to certain exclusions or restrictions as may be determined and communicated by SimpleHealth in its sole discretion.
Only valid promotion codes provided or promoted by SimpleHealth and authorized partners will be honored. Codes promoted by unauthorized third parties (including coupon websites) will not be honored. Promotion codes are non-transferable and valid for single use on an item (or items) as determined by SimpleHealth. Promotion codes cannot be used toward prescription fees at this time. Promotion codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promotion code will not be refunded or credited back if any or all of the purchase is returned. SimpleHealth reserves the right to change the restrictions & conditions on a promotion code at any time.
The practice of creating multiple user accounts in order to benefit from new user promotion codes is strictly prohibited. SimpleHealth reserves the right to remove promotion codes or credits from a user’s account if we identify any activity that we believe is abusive or fraudulent.
THE SERVICES AND GOODS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD THE COMPANY LIABLE FOR DAMAGES, DIRECT OR INDIRECT, THAT RESULT FROM YOUR USE OF THE SERVICES.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Services and/or any Content, or access by anyone accessing the Services and/or any Content using your user ID and password.
Your use of the Services is at your sole risk. The service is provided on an “as is” and “as available” basis. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You must not modify, adapt or hack the Services. You must not modify another website so as to falsely imply that it is associated with the Services or the Company. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Services customer will result in immediate account termination. You understand that the technical processing and transmission of the Services, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, which may alter transmissions over various networks. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
NOTICE OF COPYRIGHT INFRINGEMENT
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 our website or web app 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, Company 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 SimpleHealth, Inc., 228 Park Ave S #20627, New York, New York, 10003.