Last updated: November 1, 2022
MyHxCare (MyHxCare, we” us”, or “Our”) operates the website located on www.myhxcare.com and other related websites, Hospital Management System Software 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”),. By accessing and using the Site, you agree to be bound by these 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 MyHxCare are independent professionals practicing within a group of independently owned professional practices collectively known as “MyHxCare Professionals”. MyHxCare 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 profession and license. Neither MyHxCare nor any third parties who promote the Services shall be liable for any professional advice you obtain from a Healthcare Professionals 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 MyHxCare (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 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. MyHxCare 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 MyHxCare 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 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, non-transferable 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 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 behaviour which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the Site and to refrain. 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 MyHxCare, MyHxCare 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.
MyHxCare makes no presentation that all products, services and/ or material described on the Site or the services 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 info@myhxcare.com. 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 destructions policies. After such termination, MyHxCare 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. MYHXCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE AS INAPPROPRIATE OR CONDUCT THAT IS UNLAWFUL OR ILLEGAL, WHEN COMMUNICATING WITH HEALTHCARE PROFESSIONAL THROUGH THE SITE AND TO REFRAIN FROM CONTACTING HEALHCARE PROFESSSIONALS FOR ANY FORM OF MEDICAL SERVICES OUTSIDE OF THE SITE. MYHXCARE IS NOT RESPONSIBLE FOR ANY INTERACTIONS WITH HEALTHCARE PROFESSIONAL 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 MyHxCare with your credit card number, bank details and associated payment information, you agree that MyHxCare is authorized to immediately invoice your account for all fees and charges due payable to Myhxcare hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with MyHxCare to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with MyHxCare, 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. MyHxCare offers no guarantee that you shall receive any such reimbursement. MyHxCare 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.
All Health Professionals performing licensed clinical services on the Site hold 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 Professionals 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 licenses.
YOU HAVE READ AND AGREED THAT THERE SHOULD ALWAYS BE A THIRD PARTY THAT YOU ARE COMFORTABLE WITH DURING EVERY CONTACT APPOINTMENT YOU HAVE WITH A HEALTH CARE PERSONEL DURING PHYSICAL CONSULTATION, YOU ARE ALSO AWARE THAT YOU SHOULD NOT USE THE SERVICES OF MYHXCARE WITHOUT FIRST ENSURING THAT THERE IS A THIRD PARTY, MYHXCARE 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 OMISSION OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERA
The Site and its entire content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selections and arrangement thereof) are owned by MyHxCare. 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 MyHxCare or other entities. You are not authorised to use any such marks without the express written permission of MyHxCare ownership of all such marks and the goodwill associated therewith remains with us or those other entities.
Your privacy is important to Doctor on Demand, so we’ve developed this Privacy Policy to explain how 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, Doctor on Demand may you use your personal information collected through the site for your health information only. We believe that your health information should have heightened privacy protections, which is also required by federal and state laws. All collections, use and disclosure of your health information through MyHxCare is governed by MyHxCare 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 Notice of Privacy Practices. That means if we need to collect or use that health information for any reason we follow the Notice of Privacy Practices, This Privacy Policy explains how we collect or use 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.
Site activity information: We track certain actions you take on the Site such as the content of the searches performed on the site and information that you enter into the site (e.g your name, email address when signing up for an email newsletter, requesting more information about us and our services etc.)
Access Device and Browser Information: When you access the site from a computer or other device, we may collect information from that device such as your internet protocol address, browser type, connection speed, device model, operating system version and access times.
Cookies: We may use both session cookies (which expire once you close you web. Although Google Analytics plants persistent cookies on your web browser to identify you as a unique user the next time you visit the site, the cookie cannot be used by anyone but Google.
We do not knowingly allow individuals under the age 18 to create Accounts that allow access to our site. Children under the age 18 may only use the site and services with the help of a parent, legal guardian, or relatives and 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
At times we may provide third parties with certain personal information to provide or improve our products and services, including helping us market to consumers. When we do, we require those third parties to handle it in accordance with applicable laws. Doctors on Demand do not sell 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 the links on the site you may leave our site. We are not responsible for the privacy practices of other site, and we encourage you to 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 info@myhxcare.com
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 and we may also retain anonymous information about your use of services.
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 other site
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 United State of America Consumer Privacy Act provides USA 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 info@myhxcare.com if you choose to exercise your privacy right, 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 not defined herein shall have the meaning set forth. 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 info@myhxcare.com
We understand that information about you and your health is personal. By “health information” we mean protected health information as defined under the 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:
Your name, age, email address, username, password and other registration information. Health information that you provide us, which may include information or records relating to your medical or health history, health status and activities, although not every use or disclosure failing within each category is listed:
Treatment: we keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through the services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your health care needs.
Payment: We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us. We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.
Health Care Operations: Health information is used to improve the services we provide, to train staff for business management, quality assessment and improvement and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our health professionals in caring for you