Terms and Conditions
Last Updated: 8th April 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY REPRESENT A BINDING LEGAL AGREEMENT BETWEEN YOU AND OMNIHELP
1. Contractual Relationship Between OmniHelp and Users
These Terms and Conditions (“Terms”) govern how you access, use, and interact with the applications, websites, products, contents, and services by OmniHelp, its parents, representatives, subsidiaries, officers, directors, and affiliates (collectively known as “OmniHelp”, “we”, “us”, for this document).
When you access, use, or interact with our services, you are agreeing to be bound by these Terms, including the privacy policy of OmniHelp, which can be viewed here, and any other policies found on this site. OmniHelp might also use some supplemental terms from time to time that will be disclosed in connection with the applicable services. In case of a conflict, supplemental policies will prevail over these Terms in respect to the applicable services.
IF YOU DO NOT AGREE TO THE TERMS SET ON THIS SITE, DO NOT ACCESS, INTERACT, OR USE OUR SERVICES. THESE TERMS EXPRESSLY SUPERSEDE ANY PRIOR ARRANGEMENTS AND CONTRACTS MADE WITH YOU. We reserve the right to withhold, terminate, deny or cease offering any services or any portion thereof, for any reason. Even in cases, where such a termination takes place, you will still be bound to these Terms in respect to your prior use of our services or any unauthorized future use of these services. This will include any indemnification obligations you are bound to. In case of such a termination of services, any licenses or rights you granted to use while your prior use, will survive the termination.
OmniHelp can update these Terms from time to time. Any such changes, once posted on this page will immediately come into effect and the amended policies will govern how you use or access our services. Your continuing use of our services afterward will be taken as consent for the amended agreement or policies. If you do not agree with any of the updated or changed policies, discontinue the use of our services at once. We recommend that you periodically review this page to keep yourself updated regarding our Terms and Conditions.
OmniHelp may or may not intentionally, unintentionally, or passively collect your data and personal information. Our policies regarding that data are described in our privacy policy here.
2. Arbitration
By agreeing to the Terms here, you are bound to resolve any claim against OmniHelp on an individual basis in Arbitration. This precludes you from bringing any class, collective, or representative action against OmniHelp and will also preclude you from recovering relief or participating in any class, consolidated, collective, or representative action brought against OmniHelp by anyone else.
You and OmniHelp agree that any claim, dispute, or controversy related to or arising out of these Terms such as existence, breach, termination, enforcement, or interpretation or validity thereof, will be settled by binding arbitration between you and OmniHelp and not in a court of law. This can include federal and state statutory laws, common law claims, and consumer protection laws and principles. Unless both parties agree in writing, the arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. You and OmniHelp still retain the right to bring individual small claims action to court and the right to seek relief in a competent jurisdiction to prevent the threatened or actual infringement, misappropriation, or violation of either party’s trade secrets, copyrights, trademarks, patents, or intellectual property rights.
Both parties agree that the impartial Arbitrator (“Arbitrator”) and not any state, federal, local court, or agency will have the exclusive authority to resolve any dispute regarding the existence, breach, termination, enforcement, applicability, or interpretation of this agreement as void or unavoidable.
In case the claim does not exceed $10,000, then the arbitration will be conducted solely on basis of the documentation provided by you and OmniHelp unless the Arbitrator determines the necessity of a hearing. If the claim exceeds $10,000, the right to a hearing will be determined by the American Arbitration Association (“AAA”) rules. The arbitrator’s decision will be binding and final for all parties. The judgment or decision will be rendered within a specific time frame specified in AAA rules.
The parties also acknowledge that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern this agreement’s interpretation and enforcement and proceedings pursuant thereto, and not the state laws to the fullest extent the law allows. If in any case, FAA or AAA rules do not apply, then the issue will be resolved under the laws of the state of Florida.
3. Severability and Survival
In a case where any part of this agreement is found to be unlawful or unenforceable for any reason 1) the unenforceable and unlawful part of the agreement will be severed from the Terms 2) the severance of any such part will not affect or have any impact on the remainder of the Terms in this agreement or either party’s claim to compel arbitration any other claims 3) to the extent that the claims must be litigated in a civil court of the competent authority and not in arbitration, any such litigation of those claims will stay pending the outcome of any other relevant, individual claims in arbitration.
4. Telehealth Services
OmniHelp in an online health clinic, which connects doctors and patients to communicate through online video telehealth visits and consultations (“Telehealth Services”). The doctor employed by or contracted by OmniHelp (“Provider”, “Physician”, “Doctor”) disperse health advice, and write prescriptions for medications based on state regulations and based on their professional judgment or discretion. OmniHelp does not endorse any specific medications, drugs, pharmacies, or pharmacological products. There is no guarantee that a prescription will be written as a result of medical consultation. Physicians have the right to deny care for actual or potential misuse of the services.
By using these services, you agree that the prescriptions you get as a result of our service will be only for your personal use. You agree to fully understand, read, and go through all the information provided on the medication product information leaflet or label and to contact a pharmacist or a doctor if you have any questions regarding the prescription.
You using our telehealth services you agree to the potential risks of online health services and consultations as well. These can include (but not limited to) the following:
- Information transmitted might not be sufficient (for example poor resolution of the camera) to make an appropriate medical decision by the doctor
- Delays in evaluation or treatment due to technical difficulties
- Lack of information from you may result in adverse drug interactions or allergic reactions and other judgment errors.
- Breach of your information (personal or medical) due to unintentional or uncontrollable failure of reasonable safety protocols.
Your interactions with our doctors are not in any way to suggest a replacement of your relationship with your regular healthcare practitioners or primary care doctors. You are ultimately responsible for deciding to accept medical advice, treatment, or prescription from our doctors.
These Telehealth services are not intended for emergency or urgent medical use. If you have an emergency please contact your nearby hospital or 911 immediately. Disregard, any advice that appears or not appears on OmniHelp or its website(s) in cases of emergency and seek emergency help from an emergency department at a hospital.
You should always follow the advice of a doctor regarding follow-up c
are or contact your primary provider. Always consult a qualified medical doctor before you start, stop, or modify any treatment or medication regiment for any health condition.
OmniHelp is not an insurer (medical or otherwise). These telehealth services are in no way insurance products or services. The fees and money you pay are not to be considered insurance premiums. If you desire such services, you have to purchase such insurance elsewhere.
OmniHelp is subject to state and federal regulations and our telehealth services might not be available in the area or state you reside in. by receiving our services, you represent that you are not a person barred from receiving these telehealth services in the United States. Access to our services is exclusively available for users located in the United States. Accessing our site and services from anywhere such content is illegal, and where we do not offer our services, is prohibited under this agreement.
OmniHelp in an event of a typographical mistake or error for incorrect pricing, reserves the right to refuse or cancel any appointments or orders placed for our telehealth services listed on wrong prices.
5. Third-Party Services/ Networks/Content
In connection with our telehealth services, we may or may not offer you access to place orders for your prescriptions at specific pharmacies or use third-party services. We do not endorse any of these third-party services or pharmacies. In no event, will OmniHelp be liable for any services, or products provided to you by third parties, including pharmaceutical products, drugs, or medications. Users must pay for any services or products they may acquire from these third parties or pharmacies on their own and separately from OmniHelp. Any fee you pay or is advertised to you does not include any payment for such third-party services.
Users are responsible for paying any data charges they may incur while accessing our services via a data network or internet to third parties. They are also liable to acquire, update, and replace any devices, software that is needed to access our services, application, and any updates thereto. OmniHelp cannot guarantee that our services will run on your hardware, devices, or operating systems. Services are also subject to technical delays and malfunctions, inherent to the use of the internet.
Our services may provide links to other websites, pages, or services on the internet. This does not mean endorsement or propagation of these sites. These third-party sites may use defamatory, offensive, or inappropriate content. OmniHelp is not responsible for or can be held responsible for the content (accuracy, copyright compliance, legality, decency, errors, omission, misinformation, half-truths, advertisements, services, or as such) of any of these third-party sites. OmniHelp is not making referrals or any recommendations for these third party’s web content or information or services.
6. Restrictions on Use
The telehealth services provided by OmniHelp are meant for people who are adults and in a geographical location where they are allowed the use the said telehealth services under state and federal laws. When you start using our services you agree (not limited to) to:
Violations against our systems, networks or services may be subject to civil or criminal liability.
You agree that any prescriptions written for you or you obtain through our services will be solely for your personal use (or for your family member, dependent, or child for which the prescription was written). You may not transfer, modify, delete, add, multiply or do any such action that changes the content of the prescription from how it was written by the doctor. OmniHelp on getting such an indication of illegal activity reserves the right to share your information with law enforcement authorities and initiate action (not restricted to terminating your access to part of or all of our services) against you. OmniHelp has the right to suspend, cancel, and terminate your access to our services at any time and for any reason, including violations of the Terms and conditions set in this agreement.
7. Ownership
Copyright © OmniHelp. All Rights Reserved.
The following are the registered trademarks of OmniHelp or its affiliates:
All our custom icons, logos, graphics, service names are registered trademarks or service marks of OmniHelp or its affiliates. All other trademarks are the property of their owners. This agreement or Terms, or us providing services to you, do not give you the right to use or reference in any manner OmniHelp company names, logos, content, product and service names, trademarks or service marks, or those of OmniHelp licensors.
“Content” here is defined as any information, data, photos, communications, graphics, music, sounds, video, software, or any other material made available to you while using our services. By accepting this agreement you are agreeing that all content is protected by copyrights, patents, and service marks of OmniHelp and are the sole property of ours. You may only copy content for your personal use. And may not copy, reproduce. Or modify and distribute it in any way.
8. User Accounts
Whenever you want to use our services, you may be required to register and maintain an account. You may provide OmniHelp with your personal information, medical history, and other information during that process. You agree to maintain and keep up to date all of your information in your account. In case, you do not do so, we might deny you access to our services.
OmniHelp reserves the right to contact you through your email, mail, phone, or text to verify your information. This might be done to ensure that you have not created or maintained a fraudulent copy of your account. We reserve the right to withhold services or deny them until you furnish the necessary information.
After creating an account, you are responsible for the activity that occurs through the use of that account. You must maintain the security and secrecy of your account and its password at all times. You must take steps to make sure no one gains unlawful entry into your account. We will never ask you to reveal your password to us to maintain the integrity of user account safety.
Never share your user account or willingly give its access to anyone. You must agree to use your account lawfully and under the terms and conditions of this agreement, privacy policy, supplemental terms, and any applicable law.
9. Consent
By using our services and joining the video consultation, you are giving consent to get medical treatment via telehealth services from OmniHelp and its doctors. We always encourage people to learn more about medical consent.
You should know that you can withdraw your medical consent at any time and stop continuing treatment with OmniHelp or its physicians. We encourage you to seek medical care with a qualified doctor before continuing, starting, modifying, or stopping any treatment or pharmaceutical product, in any such case. In case you wish to withdraw medical consent, please stop using our services immediately. By using our telehealth services and providing us your contact information, you are also consenting for us to reach you through emails, mails, text, telephone, or any such means to send pricing information, marketing messages, and any such relevant information regarding our services. While using OmniHelp, you may be communicating with us electronically. This is perceived as consent for you to receive electronic communication from us. You also agree to sign all agreements and consents electronically and that any information, disclosures, and notices we provide to you by such means satisfy legal requirements that such notices and communications be in writing.
10. Disclaimer
YOU AGREE BY USING OUR SERVICES THAT, USE OF OUR SITE, SERVICES, AND PRODUCTS IS AT YOUR OWN SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OMNIHELP 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.
11. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OMNIHELP, ITS 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.
In cases, where state laws or jurisdictions do not allow for the exclusion or the limitation of liability for any kind of damages, OmniHelp’s liability will be limited to the extent allowed by the law.
12. Indemnification
By using our services, you agree to indemnify, hold harmless, and defend OmniHelp, its respective shareholders, officers, employees, directors, parents, subsidiaries, affiliates, and agents or licensors, harmless from any claims, liabilities, actions, and settlements, including but not limited to legal and accounting fees resulting as a result of your violation of these terms and conditions.
13. Community Requirements
By agreeing to these Terms, you agree not to:
- Harass, stalk, defame, threaten, abuse, or violate the rights of others (including but not limited to the right of privacy and publicity)
- Use offensive, racially charged, or ethnically sensitive language
- Discuss, incite, or offer to initiate illegal activity.
- Use obscene or explicit language or post sexually explicit images (real or simulated)
- Post anything or any content that exploits children, minors, dependents, or animals
- Post anything that is copyrighted or trademarked without permission of the original owner
- Use a robot, scraper, spider, or other such automated means to illegally access the site
- Take a step or an action that might overload our systems, networks, or sites disproportionately
- Alter messages or content posted by others on our site.
- Disseminate any unsolicited or unauthorized promotional material, junk mail, spam, advertising, chain letters, pyramid schemes, or any form of solicitation.
- Appear naked while on the video consultations (unless for diagnosis purposes you have to undress) with the doctor
- Broach any topics with the physician regarding their personal lives, or anything that goes beyond their professional capacity as a doctor or medical treatment they are advertising.
The above list is not complete or exclusive. If any such actions or any action takes place against the goodwill of anyone or OmniHelp, we have the right to terminate your access to your account and deny services to you in the future.
14. Information Disclaimer
ANY OR ALL THE MATERIAL YOU WILL BE PROVIDED THROUGH THE OMNIHELP WEBSITE, APPLICATIONS, TEXTS, GRAPHICS, PHOTOGRAPHS, MESSAGES, FORUMS, IMAGES, BLOGS, OR ANY OTHER MATERIAL ARE ONLY MADE FOR INFORMATIONAL PURPOSES. THESE ARE NOT IN ANY WAY A SUBSTITUTE TO THE ADVICE OF A PROFESSIONAL BOARD-CERTIFIED US DOCTOR OR TREATMENT HE OR SHE PRESCRIBES. OMNIHELP WEBSITE OR CONTENT (AS DEFINED ABOVE) DOES NOT PROVIDE ANY KIND OF MEDICAL CARE, DIAGNOSIS FOR A MEDICAL CONDITION, AND IS NOT A REPLACEMENT FOR A QUALIFIED HEALTHCARE PROVIDER.
ALWAYSALWAYS GET THE ADVICE OF A PHYSICIAN OR A DOCTOR REGARDING ANY QUESTIONS ABOUT YOUR HEALTH OR ANY TREATMENT OR PRESCRIPTIONS. NEVER DISREGARD THE ADVICE OF A DOCTOR OR DELAY GETTING MEDICAL HELP BECAUSE OF SOME INFORMATION PROVIDED IN OUR CONTENT.
15. The Agreement
Except as expressly provided herein, these Terms, the Privacy Policy of OmniHelp (attached here), and any supplemental terms, constitute the entire agreement between you and OmniHelp with respect to the use of the site and Services.
16. Contact Us
If you have any questions about these terms and conditions or need to contact OmniHelp for any other reason, you can contact us here.
Regards,
Team OmniHelp