Terms & Conditions
Effective date: May 1st 2018
Primary Teleservices Technologies (hereafter referred to as “Primary Telehealth”), develops and operates an online healthcare platform for healthcare service providers to manage their services and engage with their patients, hereafter referred to as the ‘PTH Platform Services’. “We”, “our” and “us” currently refers to Primary Teleservices Technologies in the terms defined below. These Terms are between Primary Teleservices Technologies and its Customers, hereafter referred to as “you” or collectively as “Customers”.
“PTH Platform Services “supports the goal of continuous care for health by providing healthcare service providers who are our Customers, with a PTH DOCTORS (involving associated mobile and web applications and hereafter collectively referred to as the ‘PTH DOCTORS’) that enables them to be securely accessible to their patients, through web and mobile services enabling online consultations and remote patient monitoring. PTH Doctors applications are intended only as tools, which help healthcare providers and their patients to collaborate in the healthcare of the patients, using communication, scheduling, administrative and data managing capabilities. PTH Doctors also enables online presence management for better patient engagement.
Healthcare service providers can set up a PTH Doctors on the Primary Telehealth platform (hereafter referred to as ‘Customers’). If the PTH Doctors is being set up for a healthcare services organization by an authorized representative, the organization is the Customer.
- Customers can create authorized user accounts for their team members who may be employees and/or associates (hereafter referred to as ‘Team Users’), to log in to and use their PTH Doctors through appropriate interfaces. The Primary User Account of a Customer’s PTH Doctors, created when the PTH Doctors is registered and setup also counts as a Team User account. All Team Users are directly bound by our Authorized User Terms.
- Customers can also create authorized user accounts for their patients and/or healthcare service clients (hereafter referred to as ‘Patient Users’) to log in to and use their PTH Doctors through appropriate interfaces. Some Customers may choose to authorize self-registration of Patient Users in their Primary Telhealth platform for patient’s PTH Patient. All Patient Users are directly bound by our Authorized User Terms.
- You are a licensed healthcare provider and/or authorized representative of a licensed healthcare organization with the necessary healthcare practice licence and legal approvals to provide healthcare services to patients that you will provide services to through your virtual practice.
- You shall not register and use Primary TeleHealth’s virtual practice product (i.e. PTH DOCTOR including associated web and mobile apps) and any other of the PTH Patients Platform Services for any purpose other than providing services to authorized Patients Users seeking your services.
- You take complete and sole responsibility in assigning authorized Team User accounts only to licensed healthcare providers and qualified healthcare support professionals in roles suitable to their area of responsibility; and you take complete responsibility in training your authorized Team Users in the correct usage of the application and its features to provide services to patients of your PTH Doctors.
- You are not impersonating any other person and are using your actual identity.
- The information provided during the registration process is true, accurate, current and complete. You will be required to provide your full name, email address, mobile phone number, location, business name and address.
- You are required to periodically review and update your registration data to ensure that it is always current and correct.
- The user account created when registering for a virtual consultation is considered as PTH Doctors Primary Account and you are authorized to use it.
Authorized Users created by a Customer in their virtual consulation may submit information and content to the Primary Telehealth Platform Services, such as PHI (patient health information), healthcare services related data, communications and usage data, all of which qualifies as ‘Customer Data’ and is owned by the Customer.
By using your PTH Doctors and associated applications, your Patient Users understand that the healthcare providers in PTH Doctors have access to view and update their healthcare data in the course of providing them with healthcare services. As a healthcare services provider you authorize the access of patient health data by your registered patients, such that they may view and update their own health data, except for specific areas that you choose not to make visible/accessible to them. Ownership of and responsibility for healthcare data of patients in a PTH Doctors rests with the Customer.
By using the PTH Patients platform you agree to storage of your data in secure cloud infrastructure located anywhere in the world. Primary TeleHealth currently uses Amazon Web Services cloud infrastructure based in the United States of America.
Authorized User Terms
These Authorized User Terms are between Primary TeleHealth and all Authorized Users in PTH Doctors of Customers, hereafter referred to as “you”, ‘’they” or collectively as “Authorized Users”.
- Authorized Users are aware that the Customer owning PTH Doctors in which they are users has the right to remove and/or restrict their access to the system.
- The Customer has complete control over the settings and configuration of PTH Doctors and bears responsibility for how it is used.
- Customer will inform Authorized Users (both Team Users and Patient Users) of all Customer terms and practices that are relevant to their use of PTH Doctors and of any settings that may impact the processing of Customer Data.
- All engagement between Team Users and Patient Users conducted through the Customer’sPTH Doctors are also governed by the Patient Terms of thatPTH Doctors, which authorized Patient Users are required to consent to.
- The Customer is also responsible for ensuring that processing of Customer Data in the Customer’s PTH Doctors is done as per necessary regulation and law. This also applies to the deletion and export of Customer Data.
- The Customer is solely responsible for deciding which Team User accounts can be added to their PTH Doctors based on eligibility criteria defined by the Customer and to define the scope of healthcare and/or support services that they are allowed to provide to Patient Users through PTH Doctors; and also to define their information access privileges.
- All Authorized Users must of legal age necessary to operate your user account in the role intended by the Customer when authorizing you to use their virtual consulatant. If you are a Team User, you must also be of legal working age and possess the necessary licence and qualifications for your role.
- Primary TeleHealth does not provide any healthcare services for Patient Users of any Customer, nor is it liable in any way for healthcare services provided by Customers through their PTH Doctors to their authorized Patients Users.
- All Customers and Authorized Users are bound by the Acceptable Usage Policy defined in this document.
Acceptable Usage Policy
This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our PTH Patients Platform Services by Customers and Authorized Users in the PTH Doctors of our Customers.
Any violation of the policy could result in the suspension of your access to the Platform Services and if found to be deliberate, repeated and possibly harmful to other users of the platform will termination of your access to the Primary TeleHealth Platform Services. This policy may change as the platform evolves, so please proactively look up updates to the policy.
- Your username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.
- You also agree that you will be solely responsible for any activities conducted on or through the Primary Telehealth Platform Services with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless Primary TeleHealth from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
- Your use and access of the Primary Telehealth platform, its apps and services, is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in your respective country with regard to the use of such services. Primary TeleHealth does not claim that the PTH Patients Platform Services are fully compliant for use within all the countries and territories from where it may be accessed.
- From time to time, some of our users do provide us with feedback on recommended changes and/or corrections to our platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it not include any person or entity’s proprietary information. You also fully agree that Primary TeleHealth is not obliged to use or act on this feedback and even if does, it has full, royalty-free, perpetual, irrevocable, transferable and global license to use this feedback.
- Primary TeleHealth is constantly updating the PTH Patients platform and apps in order to provide the best possible experience for its users. All users acknowledge and agree that the form and nature of the services provided by the platform may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
- You shall not use the Primary TeleHealth platform and its apps and services for any purposes other than those intended by Primary TeleHealth and as determined by Primary TeleHealth at its sole discretion.
- You shall not attempt to circumvent any security measure put in place for the PTH Patients platform users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by Primary TeleHealth, through hacking, password mining or any other means.
- You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
- You shall not attempt to access, access or obtain information regarding any account other than your own, by any means whatsoever. You may not use the Primary TeleHealth platform and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
- You may not use any robot, spider, scraper or other automated means to access the Primary TeleHealth Platform Services or website for any purpose without our written permission. Violation of this policy may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored on the site.
- If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by Primary TeleHealth’s platform, apps and services.
- In order to protect the integrity of its PTH Patients website and Platform Services, Primary TeleHealth reserves the right at any time in its sole discretion to block users from certain IP addresses.
- You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold Primary TeleHealth harmless from any damages, losses, costs, or expenses which Primary TeleHealth may incur as a result of information you post.
- You are solely responsible for exporting and/or requesting the export of all your Customer Data before expiry or cancellation of your Primary TeleHealth account, should you choose to discontinue using it and/or should your account be terminated.
In addition to the above general terms of acceptable use, the following responsibilities apply to all Customers and their Team Users.
- The Customer is responsible for all the settings and configuration applied in the PTH Doctors, including management of user accounts, configuration of services and provision of those services and management of Customer Data, which is impacted by such configuration.
- You are completely responsible for the Customer Data in your PTH Doctors including ensuring the usage practices by you and your Team Users in maintaining the privacy and confidentiality of your patients’ healthcare data in your PTH Doctors.
- You will comply with healthcare and data regulation rules applicable to healthcare providers and organizations in your country of business and locations of service. You are solely responsible for choosing to use the PTH Doctors and Platform Services after ascertaining that it meets the necessary regulatory compliance applicable to your operations.
- You will not publish or distribute in any form, any patient healthcare information without their informed consent. Primary TeleHealth is not liable for your handling of your own data and nor for any outcomes as a result of that.
- The Customer will be responsible for all the activities in your PTH Doctors account and in the authorized Team User accounts of your employees and/or associates and Patient Users.
- The PTH Patients Platform serves only as a technology enabler for the online healthcare services that you choose to provide. Any disputes between you and the Patient Users of your Primary TeleHealth will be dealt with by you directly. Primary TeleHealth has no obligation or liability to monitor services within PTH Doctors.
- Primary TeleHealth takes no responsibility for healthcare and/or other information that may be published by healthcare providers in their own PTH Doctors. Healthcare providers are completely liable to ensure that such content is medically correct, original and that it causes no intended or unintended harm to its readers. Primary TeleHealth retains the right to review and delete any published content related to any provider, if such content is brought to Primary TeleHealth’s notice. Primary TeleHealth takes no responsibility in having to review content published in PTH Doctors.
- The Customer is solely responsible for the setup, payment, maintenance and security of their own app store accounts with Google Play and Apple iTunes, should they opt to publish their own custom mobile apps for their virtual consult. Primary TeleHealth bears no responsibility for any change in app store policies that may impact the publishing of the Customer’s custom mobile application/s.
- You unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from the PTH Patients Platform Services apps to the mobile number and email address associated with your user account, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services.
All Patient Users of a PTH Doctors of a Customer are to be made aware of the following by the Customer and Team Users and through Patient Terms defined in the PTH Doctors:
- Patient Users of Primary TeleHealth shall not use any service or information in their healthcare provider’s virtual consult for any purposes other than managing their personal health information or that of their immediate family members (with due authorization) and/or to engage with healthcare providers in the PTH Doctors.
- Primary TeleHealth does not provide medical services of any kind and as a technology provider only enables engagement with you their healthcare provider, through the PTH Doctors, which you the Customer have opted to use.
- Primary TeleHealth does not recommend or endorse any healthcare providers or services using the PTH Doctors.
- Patient Users’ access or use of their healthcare provider’s Primary TeleHealth and/or any apps and services of the PTH Patients platform does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate Primary TeleHealth, to fulfill any duties towards meeting their health needs.
- Patient users are expected to avail of immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the PTH Doctors and/or other apps and services of the Primary TeleHealth platform in such situations.
- The accuracy, integrity and completeness of the personal health information that your Patient Users enter or allow to be entered on their behalf is solely their responsibility, and Primary TeleHealth assumes no liability for it. Primary TeleHealth is also not liable for any use or misuse of their health data by you their healthcare provider.
- Primary TeleHealth shall not be responsible for any undesirable outcomes in their engagement with you their healthcare provider.
- Primary TeleHealth shall not be responsible for any health, fitness or nutritional information that is published by you their healthcare through your PTH Doctors blog.
- All such data in the PTH Doctors of their healthcare provider is owned by the Customer who is solely responsible for defining how that data is handled and/or made accessible to Patient Users in the PTH Doctors.
- Patient users in a PTH Doctors should also expect to receive essential system notifications related to healthcare service events. Notification preference settings will be provided to allow turning off of non-essential/informative-only notifications.
Subscriptions & Payments
All use of a Primary TeleHealth by a Customer and their Authorized Users are based on subscription to a relevant Subscription Plan for the PTH Patients Platform Services. A Subscription Plan defines the scope and level of usage of the Platform Services by the Customer and their Authorized Users .The PTH Patients Platform Services also provides add-on services to the PTH Doctors, that the Customer can optionally purchase and use.
When you register for a free trial of the PTH Doctors, the service will be available to you free of charge until the end of the free trial period or on termination of your trial for any reason at our discretion. Unless you purchase a subscription within expiry of your trial, your PTH Doctors account will be deactivated.
The following platform services are currently provided free of charge but Primary TeleHealth reserves the right to charging for them at cost based on actual usage, at any point of its choosing.
- Mobile Push Notifications
- Data Storage Charges (free up to 1GB)
Subscriptions and other payments are be managed and paid for online through the Primary TeleHealth .Subscription interface by the Customer, who can choose to subscribe on a monthly or annual plan. In some cases subscriptions are purchased by Customers through other subscription order mechanisms. Though all optional add-ons to the Primary TeleHealth require an active Primary TeleHealth subscription to function, the subscription period of add-on itself, is independent of the subscription period of the associated PTH Doctors, and depends on when the add-on was purchased. Any unexpected change in app store policies affecting the ability to publish custom mobile apps in the Customer’s account will not result in a refund in the subscription charge associated with the custom mobile app.
All subscriptions automatically renew at the end of the billing cycle for the upcoming subscription periods equal to the preceding subscription period; and the per Team User pricing during any automatic renewal term will be based on the number of active Team User accounts at the point of renewal. All subscription payments are paid forward for the upcoming subscription term. Failure to pay the subscription fees on time will result in yourPTH Doctors account being deactivated. Deactivated accounts can be reactivated by making the necessary subscription payment.
Primary TeleHealth reserves the right to change plans and pricing at any time. The changes will be notified either by email to all existing subscribers and also on the website. If on a paid plan, you can upgrade/downgrade your account at any time. You can upgrade by paying the incremental cost. If your account is upgraded during a billing cycle the increased charges will be calculated on pro-rata basis. Downgrading of account can cause reduction in features or loss of access to content in your account and will not result in refunds. Primary TeleHealth will not be responsible for operational limitations due to downgrading of an account subscription.
All information in your billing account should be current and accurate. All billing related mails will be sent to the email address that you have provided. All charges collected for a billing cycle are non-refundable, irrespective of account cancellation, termination or downgrade. Late payments will result in suspension of service until payments are made.
Deactivated and/or cancelled Primary TeleHealth accounts are maintained for a maximum of 30 days before the account is deleted. Deletion of a Primary TeleHealth account will include permanent deletion of all Customer Data and configurations in the account. We will make Customer Data available to you for export or download, upon request made by you within this 30 day period. We have no obligation to maintain Customer Data after this 30 day period. Primary TeleHealth is not responsible for any loss or other consequences caused by deactivation or deletion of a PTH Doctors account.
Resellers: If you order a Primary TeleHealth Subscription and any add-on services through a Reseller, then you are solely responsible for any access the by Reseller to your account. Primary TeleHealth is bound to you only as per this Agreement and is not responsible for the terms and conditions in your applicable agreement with the Reseller. The Reseller is not authorized to modify this Agreement nor make any commitments on Primary TeleHealth’s behalf.
If purchasing subscriptions through a Reseller, you will make payments directly to the Reseller, as agreed between you and the Reseller. The Reseller will place a Subscription Order on your behalf with Primary TeleHealth and is expected to make the Subscription payment to Primary TeleHealth. Failure to receive payment for the Subscription Order from the Reseller will lead to suspension or termination of your Primary TeleHealth account and access to all platform services. Refunds if applicable under the terms of this Agreement will be made to the Reseller, who will be solely responsible for refunding the relevant amount to you.
Custom App Updates & Maintenance
Deployment of test and production updates of the Customer’s white-labelled mobile applications (if any) to the Google Play and Apple iTunes App Stores, will be made periodically. Certain app updates will be provisioned as mandatory updates requiring all end users to update their installed app versions before continued use.
- Ensuring continued access to the Customer’s App Store accounts by Primary TeleHealth, in order to effect test and production updates is the responsibility of the Customer. Primary TeleHealth bears no responsibility of consequences of such access being unavailable at any point.
- Maintenance and updates of marketing content, including screenshots, descriptions are solely the responsibility of the Customer. The Customer is also responsible for monitoring and responding to their own user reviews (if any).
- Primary TeleHealth bears no responsibility in unavailability/downtime of the Apple iTunes and/or Google Play services and any subsequent impact that may have in submission of application updates. Nor is Primary TeleHealth responsible for the App Store verification process duration and outcomes on either of these platforms, given the inconsistencies involved in these factors.
Infrastructure Maintenance & Monitoring
Maintenance and monitoring services provided by Primary TeleHealth for your PTH Doctors instance includes the following:
- Deployment of production web and server application updates to the cloud infrastructure. Such application updates are made after comprehensive planning, preparations and testing in development and staging environments which mirrors the Production environment. Deployments are as far as possible done without downtime except for major application and/or infrastructure updates. Major updates requiring downtime will as far as possible be planned and notified to the Customer at a minimum of 48 hours in advance.
- Backup of all the Customer Data is kept in multiple physical locations with Highly Redundant storage. There is a well maintained and tested Disaster Recovery plan in case of any unexpected circumstances.
- Monitoring of all core components, application parameters and logs are handled by the Platform Operations team. Alerts are raised for errors beyond set thresholds. The objective of monitoring services is to help ensure high availability of the Customer’sPTH Doctors instance, except during scheduled maintenance downtimes and the following scenarios which are beyond the control of Primary TeleHealth:
- Issues related to third-party services used by your Primary TeleHealth, (including the cloud infrastructure, communication services, media streaming services etc.).
- Issues caused by external applications used in conjunction with or integrated with your PTH Doctors
- External network issues between the platform infrastructure and the Authorized Users of thePTH Doctors
- Intentional malicious attacks on the platform services that bypass all security measures that are in place.
Any issues affecting availability of the Primary TeleHealth installation will be dealt with on an emergency basis, with a response time not exceeding two hours from point of noting the issue. The restoration of availability in such cases is subject to the cause of the underlying issue, but all efforts will proceed continuously until Primary TeleHealth service is restored. The following scenarios do not qualify as periods of unavailability:
- Scheduled maintenance downtimes
- Slowness with certain features or performance degradation
- Failure by Authorized Users to access or use the applications due to issues with their network connectivity to the application services, issues with their devices or usage of incompatible browsers or operating systems.
- Delays with uploading, sharing, or processing files
- Issues with or unavailability of any integrated third party services
- Issues with certain application functionalities
Third Party Services
- Primary TeleHealth is not responsible for the accuracy and reliability of health data ready from health sensors and devices that the PTH Patients platform and apps may interface with. This includes direct device interfaces and also account interfaces of third-party services that you as the user might authorize the platform apps to interface with. Such interfaces are not indicative of any endorsement or recommendation by Primary TeleHealth of those devices or services.
- Primary TeleHealth’s provisioning of a custom mobile application for a Customer is solely limited to the development, maintenance and submission to the app store accounts (Google Play and/or Apple iTunes) of the Customer. Primary TeleHealth is in no way responsible for the setup, payment, maintenance and security of the Customer’s own app store accounts beyond using it to submit application builds for review. The Customer is solely responsible for providing necessary organization verification inputs and documents to Apple and/or Google Pay as may be required by them. Primary TeleHealth is also not liable for delays in app publishing caused by the app store review process. Primary TeleHealth’s responsibilities during the review process are specifically limited to responding to any technical clarifications or technical defects that may be raised during the review process.
- Primary TeleHealth’s website and Platform Services may include links to other websites, possibly in content within the apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only. We do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these sites external to Primary TeleHealth.
- For customers using own email domains for sending of email notifications from theirPTH Doctors, despite all relevant configuration of DNS, SPF, DKIM and DMarc settings, it can in rare cases be expected to observe some delay or potentially even initial delivery issues, due to the verification policies and algorithms of certain email services providers. This generally resolves after a certain level of usage, after which the emails are safely considered as non-spam. Beyond ensuring correct sending of email notifications, Primary TeleHealth does not bear responsibility for the last point delivery of email notifications having no control over this external environment factor.
- Delivery of SMS messages depend on last mile carrier networks (in the recipients location) and there may be instances where messages verified as delivered by SMS gateway services may be reported to not have been received by the end user recipient. Primary TeleHealth is responsible for ensuring the correct sending of notifications and supports multiple notification channels. However Primary TeleHealth does not responsibility for the last point delivery of SMS notifications having no control over that factor. Customers are required to opt to use/not use SMS notification channels in theirPTH Doctors according to the needs of their users and the delivery performance observed for their user base. Customer is solely responsible for ensuring correct configuration and operations of your SMS gateway service account.
- Primary TeleHealth is not responsible for non-accessibility of the Customer’sPTH Doctors installation caused by wrong DNS settings made by the Customer.
Intellectual Property, Copyright and Trademarks
Primary TeleHealth’s PTH Patients platform services, applications and website, all content and information, visual designs and branding created by and for Primary TeleHealth, and all intellectual property rights embodied therein, are the property of Primary TeleHealth and are protected by trademarks, copyrights, patents, proprietory rights and IP laws.
Primary TeleHealth, PTH Patients and PTH Doctors are the trademarks of Primary TeleHealth. Primary TeleHealth does not grant any rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its PTH Patients platform, apps, content, website and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorisation of Primary TeleHealth.
To the extent allowed by applicable law, implied warranties on the Software, Primary TeleHealth software and services are provided without any warranty of any kind, and Primary TeleHealth hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. Primary TeleHealth makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.
To the maximum extent permitted by applicable law, the above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and no infringement of intellectual property rights.
Limitation of Liability
THE USERS EXPRESSLY UNDERSTAND AND AGREE THAT PRIMARY TELEHEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRIMARY TELEHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH PRIMARY TELEHEALTH MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE.
THE LIMITATIONS ON PRIMARY TELEHEALTH’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT PRIMARY TELEHEALTH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Indemnification and Release
- All your active free or paid subscriptions to thePTH Doctors and/or any of the PTH Patients platform services expires due a cancelled subscription and/or expiry of a subscription that was not in auto-renewal mode.
- On termination of your account, you will no longer be able to use your PTH Doctors account or any Platform Services of the platform. The same will apply to Authorized Users in your Primary TeleHealth. Any obligations you may have prior to effective date of termination must be met. Any termination does not relieve the Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
- During the active term or subscription of a PTH Doctors, the Customer will be permitted to export Customer Data from the Platform Services; After termination or expiration of PTH Doctors subscriptions, we will have no obligation to maintain or provide any Customer Data; unless legally required to maintain the data for other reasons, we may delete all Customer Data in our systems.
Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Agreement in its entirety (including all order forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Primary TeleHealth of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.
Jurisdiction and Governing Law
Release for Force Majeure
Primary TeleHealth and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which Primary TeleHealth or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.