Last updated: June 14, 2021
Ezzycare. ("Ezzycaare", "we", "us", or "our") operates the website located on www.ezzycare.com and other related websites and mobile applications with links to these Terms of Use (collectively, the "Site"). We offer physical and online telehealth services enabling our members ("Members") to report their health history and engage healthcare professionals ("Healthcare Professionals") to obtain medical and healthcare services ("Services"), as well as provide behavioral health coaching and massages from Coaches ("Coaches") who do not provide professional or clinical 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.
The Healthcare Professionals who deliver Services through Ezzycare are independent professionals practicing within a group of independently owned professional practices collectively known as "Ezzycare Professionals". Ezzycare. 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 Ezzcare 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 a Healthcare Professional via the Services or for any Laboratory results or medicines or any other thing you may acquire through the site.
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.
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 Ezzycare (collectively "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. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Ezzycare 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 Ezzycare 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.
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.
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 Healthcare Professionals or Coaches through the Site and to refrain from contacting Healthcare Professionals or Coaches for any form of medical services outside of the Site. Ezzycare is not responsible for any interactions with Healthcare Professionals or Coaches that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers or phones. We also recommend that you do not store your Account password through your web browser or other software.
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 Ezzycare with your credit card number, bank details and associated payment information, you agree that Ezzycare is authorized to immediately invoice your account for all fees and charges due and payable to Ezzycare hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Ezzycare to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Ezzycare, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Ezzycare offers no guarantee that you shall receive any such reimbursement.
Ezzycare 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 for Services provided on an appointment basis, you will be responsible for a missed appointment, cancelled appointment or rescheduled fee equal to all or a portion of the fees.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to [email protected]. We may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, reserve 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 such termination, Ezzycare will have no further obligation to provide the Services, 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.
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.
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. EZZYCARE 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.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EZZYCARE PROFESSIONALS OR THEIR RESPECTIVE SHAREHOLDERS, 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.
You agree to indemnify, defend and hold harmless Ezzycare, Ezzycare Professionals and their respective shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, 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.
Ezzycare 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 Nigeria or all states and territories within Nigeria
All Health Professionals performing licensed clinical services on the Site hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. 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.
YOU HAVE READ AND AGREED THAT THERE SHOULD ALWAYS BE A THIRD PARTY THATY YOU ARE COMFORTABLE WITH DURING EVERY CONTACT APPOINTMENT YOU HAVE WITH A HEALTH CARE PERSONELL WETHER PHYSICAL OR VIA A VIDEO CONSULTATION. YOU ARE ALSO AWARE THAT YOU SHOULD NOT USE THE SERVICES OF EZZYCARE WITHOUT FIRST ENSURING THAT THAT THERE IS A THIRD PARTY. EZZYCARE OR ITS PROFESSIONALS WILL NOT BE LIABLE FOR ANY COMPLAINTS THAT MAY ARISE WITHOUT THE PRESENCE OF A THIRD PARTY.
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.
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 Ezzycare. 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.
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 Ezzycare or other entities. You are not authorized to use any such Marks without the express written permission of Ezzycare Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Doctor On Demand is 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 or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Notice of Health Information Privacy Practices and Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure.
Information regarding our use of health and other personal information is provided in our Notice of Health Information Privacy Practices and Privacy Policy.
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.
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 Doctor On Demand. Doctor On Demand 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 Doctor On Demand.
SMS Messages Terms and Conditions
The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services. You can stop receiving SMS Messages at any time by texting "STOP" to 91892. If you send the message "STOP" to us, 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. If you text "HELP" to us, we will reply with instructions on how to receive SMS Messages as well as how to unsubscribe from SMS Messages.
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
T-Mobile is not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
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. 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 located in San Francisco, California, for any action related to these Terms of Use.
No waiver by Doctor On Demand 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 Doctor On Demand 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.
Doctor On Demand 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 Website, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Doctor On Demand 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 Doctor On Demand, Inc., 3033 Campus Drive, Suite W225, Plymouth, MN 55441.
Please send any questions or report any violations of these Terms of Use to [email protected].
Your privacy is important to Doctor On Demand, so we’ve developed this Privacy Policy to explain how we use your personal information. When we use the term "personal information" in this Privacy Policy, we mean information about you that is personally identifiable to you. Before we explain how we use your personal information, we need to explain a little about Doctor On Demand’s legal organization because it affects how we use your personal information. As further described in our Terms of Use, we (meaning Doctor On Demand, Inc.) operate the Site. An associated but independent group of affiliated medical practices ("Doctor On Demand Professionals") provides the Healthcare Professionals who treat Members on the Site. Both Doctor On Demand Professionals and Doctor On Demand, Inc. may use and disclose your personal information collected through the Site, but how they use and disclose that information depends on whether it is health information or another type of personal information.
We believe that your health information should have heightened privacy protections, which is also required by federal and state laws. All collection, use, and disclosure of your health information through the Site is governed by Doctor On Demand Professionals’ Notice of Privacy Practices. When you create an Account and log in to the Site using your Account Information, you access a secure patient portal. We treat all health information that you provide when creating an Account and in the patient portal as health information under Doctor On Demand Professionals’ Notice of Privacy Practices. That means if we need to collect, use, or disclose that health information for any reason, we follow the Notice of Privacy Practices. Please review the Notice of Privacy Practices for more information on how we protect your health information and your rights under applicable laws.
This Privacy Policy explains how we collect, use, and disclose your other personal information that is not health information. By using the Site, you agree that we can collect and use your personal information as described in this Privacy Policy. If you do not agree, please do not use the Site.
In many circumstances, the information listed above is non-personal information. For example, the information collected through Cookies may not contain any identifiable personal information. We will still treat that information as personal information under this Privacy Policy if (a) an applicable local law considers it to be personal information or (b) we combine it with personal information.
We may use de-identified information created by us without restriction. When we use the term "de-identified information," we mean information that is neither used nor intended to be used to personally identify an individual.
We do not knowingly allow individuals under the age of 18 to create Accounts that allow access to our Site. Children under the age of 18 may only use the Site and Services in accordance with our Terms of Use, and any personal information relating to those children will be health information governed by the Notice of Privacy Practices. If we learn that we have collected the personal information of a child under 18, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.
At times Doctor On Demand may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers.
When we do, we require those third parties to handle it in accordance with applicable laws. Doctor On Demand does not sell personal information, and personal information will not be shared with third parties for their marketing purposes.
This Privacy Policy applies only to information we collect through the Site. This Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.
Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted to [email protected].
You may request deletion of your personal information by us, however, we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete personal information, it will be deleted from the active database, but may remain in our archives (subject to applicable law) and we may also retain anonymous information about your use of our services. Once we disclose some of your personal information to third parties, we may not be able to access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete personal information, we may retain de-identified information and will continue to use de-identified information as permitted under this Privacy Policy.
We employ reasonable physical, electronic, and managerial security methods to help protect against unauthorized access to personal information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us.
We will not discriminate against you for exercising any of your privacy rights under law, or as set forth in this Privacy Policy.
In addition to the rights above, the California Consumer Privacy Act provides California consumers with the right to obtain from us information about the personal information about you that we collect, use, and disclose. You can exercise your rights by sending an email to [email protected].
If you choose to exercise your privacy rights, you will not receive discriminatory treatment or a lesser degree of service from us.
We may change the Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of personal information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.
All capitalized terms in the Doctor On Demand Privacy Policy not defined herein shall have the meaning set forth in the Doctor On Demand Terms of Use.
If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us by sending an email to [email protected].
The Healthcare Professionals who deliver Services through the Site practice within a group of independently owned professional practices collectively known as "Doctor On Demand Professionals" ("us", "we", "our"). This Notice of Health Information Privacy Practices or "Notice" describes how Doctor On Demand Professionals (and Doctor On Demand, Inc. when acting on behalf of Doctor On Demand Professionals) may use and disclose your health information and how you can access this information. Please review this Notice carefully.
We understand that information about you and your health is personal. By "health information," we mean protected health information as defined under federal law (the Health Insurance Portability and Accountability Act, or HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information. We continuously seek to safeguard your health information through administrative, physical, and technical means, and otherwise abide by applicable federal and state laws.
The health information that we collect or maintain may include:
We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and healthcare operations. Generally, we do not need your permission for these disclosures under applicable laws. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed: