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.

If you do not agree to these Terms of Use and/or are not eligible or authorized to agree to these Terms of Use, then you may not register for and setup a PTH Doctors on the Primary Telehealth platform and are not authorized to use any of the applications or services supported by Primary TeleHealth’s PTH Doctors Platform.


Customers

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.


Authorized Users

Registering for and setting up a PTH Doctors (and all its integral apps) requires full acceptance of these Terms of Use and all associated policies. By registering, you agree that:

Usage of the Primary Telehealth Platform Services by Customers and their authorized Team Users and Patient Users are subject to acceptance of these Terms of Use. These Terms of Use are deemed to include the Privacy Policy, Authorized User Terms, Acceptable Usage Policy and all conditions, policies and operating procedures that are referred to herein or which may otherwise be published by Primary TeleHealth from time to time, on this website and in any of the Primary TeleHealth platform applications.


Customer Data

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.

As owner and controller of the Customer Data, the Customer alone may provide us with instructions on what to do with this data. All Customer Data is covered by the PTH Patients platform’s Privacy Policy.

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

Patient Users and Team Users of a Customer’sPTH Doctors cannot directly register as users with the PTH Patients platform but are created as authorized users of a Customer’s PTH Doctors Admin Panel. The Customer is directly registered with the PTH Patients platform and is bound by the Terms of Use, including these Authorized Terms of Use.

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”.


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.

We may offer certain Beta Features to you at no charge or a special reduced charge, for beta trial use before they are introduced under specific subscription plans. Your use of Beta Features is subject to any additional terms that we specify when enabling them for you. Use of such features is permitted only during the specified duration and/or when the feature is terminated. Such features are not guaranteed to be released and may on occasion be terminated. Such features are not guaranteed to be released and may on occasion be terminated. Such features are generally still under development and/or not completely integrated into the platform and therefore may contain more issues or errors than is generally noted in the product. Should you choose not to subscribe to the plans under which the Beta Features will be eventually supported, or if we choose to terminate such Beta Features, you will lose access to content created as a result of using such Beta Features. We disclaim all obligations and liabilities with respect to such features. The information about such Beta features and their capabilities are limited to customers to whom they are made specially available and this is covered by the confidentiality clause in our Terms of Use.


Customer Responsibilities

In addition to the above general terms of acceptable use, the following responsibilities apply to all Customers and their Team Users.

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:


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.

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.


Privacy Policy

All users of Primary TeleHealth’s Platform Services are also bound by the Privacy Policy.


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.


Infrastructure Maintenance & Monitoring

Maintenance and monitoring services provided by Primary TeleHealth for your PTH Doctors instance includes the following:

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:


Third Party Services


Updates

Primary TeleHealth may change these Terms of Use (and any associated Policies) at any time, at its sole discretion, in whole or part. In the event of any material or substantial change in the terms and conditions Primary TeleHealth may notify you by posting an announcement of the changes on its website, through its applications or by email. You are expected to periodically check these Terms of Use and associated policies for changes. By continuing to use the PTH Patients Platform Services and it’s apps after any change to these Terms of Use, you acknowledge and accept the changes. The Terms of Use as they apply to you as a user, may not otherwise by amended.


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.

Attempting to use or access the PTH Patients platform, apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. Primary TeleHealth reserves the right at any time in its sole discretion to block and terminate users violating these terms, in addition to taking legal action where necessary.


Limited Warranty

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

You agree to defend, indemnify and hold harmless primary telehealth, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in services provided by the website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property; or any claim that your submitted content has caused damage to a third party. This defense and indemnification obligation will survive the terms of service and your termination of your account.


Termination

The Terms of Use take effect from the time you start using Primary TeleHealth’s Platform Services in any capacity, until it is terminated by you and/or Primary TeleHealth as provided below.


Assignment

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

These terms shall be governed by and construed in accordance with the laws of India/Philippine without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts India/ Philippine. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of the PTH Patients platform and its services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.


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.


General Provisions

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof. You may not assign or sub-license any of the rights and obligations under this Agreement without prior written consent of Primary TeleHealth. Any notices in this regard need to be delivered in written format and acknowledged as received. Primary TeleHealth may subcontract its responsibilities under this Agreement, without your consent to a third party considered by Primary TeleHealth in good faith to be of equal standing and integrity provided that material provisions of this Agreement shall be reflected in any agreement entered into between Primary TeleHealth and such third party. No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.