Last modified: April 8, 2024
These terms and conditions of use (“Terms of Use”) govern your use of the Eagle Intelligent Health mobile application (the “Application”) owned and controlled by Eagle Intelligent Health, LLC (“EAGLE”), and which has been licensed to Medibuddy (Pty) Ltd., trading as MediBuddy, registration no. 2015/047660/07 in South Africa (“MEDIBUDDY,” “we,” “us,” and “our”) as well as the services (“Services”) available to users through the Application. MEDIBUDDY contracts with many medical providers (individually, a “Provider” and, collectively, the “Providers”) to assist them in the provision of online telehealth medical consultations and secure messaging with patients (see below for supplemental terms applicable to Providers). The professional medical services (provided by Providers) and the non-clinical Application services (provided by EAGLE) are referred to in this Terms of Use as the “Services.” The terms “you” and “your” mean you, your dependents if any, and any other person accessing your Account. The Terms of Use are entered into between MEDIBUDDY and you, and cover the licenses of the software in relation to the Application.
Your acceptance of, and compliance with, these Terms of Use are a condition to your use of the Application and Services. By clicking “accept,” you acknowledge that you have read, understand, and accept all terms and conditions contained herein, the Notice of Privacy Practices. provided to you by the Providers, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Application or Services. Exit this Application.
These Terms of Use provide that all disputes between you and MEDIBUDDY will be resolved by BINDING ARBITRATION, unless an arbitration is prohibited by any applicable law or the subject matter of the dispute is incapable of resolution by way of arbitration. No claim may be brought against us unless arbitration proceedings have been exhausted. See the Section below entitled Dispute Resolution; Arbitration Agreement for more information.
You agree that information provided by you in connection with the Services and Application will be governed by the Privacy Policy. It is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the clinical Services provided by Providers is also be governed by the Providers Notice of Privacy Practices, as applicable, hereby incorporated and made a part of this Agreement.
MEDIBUDDY summarizes and displays your medical record to you and authorized individuals. You acknowledge and agree that the results of this Service is not a complete medical record, but an abbreviated version. You are required to maintain or review your record to ensure its accuracy and completeness. If you have a question about your medical record, you must contact your Provider.
Neither MEDIBUDDY nor EAGLE provide medical advice or care. The content of the Application and the Services is for general informational purposes only. This includes, without limitation, text, audio, video, links, and all graphics. It does not constitute professional medical advice, diagnosis, or recommendations of any kind. Any content displayed or linked on the Application is provided at the direction of third parties only, not MEDIBUDDY, or EAGLE. You should seek the advice of a qualified health care professional with any questions or concerns. No information provided through the Application by MEDIBUDDY and/or EAGLE is intended to create a provider-patient relationship. While the Application facilitates your communications with Providers, neither the Application, MEDIBUDDY or EAGLE provide medical services. The doctor-patient relationship is between you and the Provider.
As an important note, there is no single provider of medical care called “Providers.” Rather, MEDIBUDDY offers an online communication platform for Providers and their patients. Connection via the Application is through the use of asynchronous telecommunications technologies. The Application facilitates communication between patients and Providers.
MEDIBUDDY contracts with Providers. The Providers consist of South Africa-based medical professionals providing clinical telehealth services. MEDIBUDDY provides administrative and business support services to Providers. Providers deliver clinical services via the Application to their patients. MEDIBUDDY, as the authorised licensee of the “Eagle Intelligent Health” brand licenses the “Eagle Intelligent Health” brand name to the independently owned and operated medical practices. The practices use the Application and its administrative, business support, and other services. Providers are not contracted or employed by MEDIBUDDY or EAGLE. The Providers are responsible for the quality and appropriateness of the care rendered. Neither MEDIBUDDY nor EAGLE provide any legal advice or representations in any way regarding any services offered by a Provider. This includes any compliance obligations or steps necessary to comply with any applicable laws and regulations.
The Providers are independent of MEDIBUDDY and are using the Application as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from MEDIBUDDY or EAGLE. Your interactions with the Providers via the Application are not intended to take the place of your regular health care providers. Neither MEDIBUDDY, EAGLE, nor any of their subsidiaries or affiliates or any third party who may promote the Application or Service or provide a link to the Service, is liable for any professional advice obtained from a Provider via the Application or Service, nor any information obtained on the Application. MEDIBUDDY does not recommend or endorse any specific Providers. You acknowledge that your reliance on any Providers or information delivered by the Providers is at your own risk. You assume full responsibility for all risks associated herewith.
MEDIBUDDY does not make any representations or warranties about the qualifications, training or skill of any Providers who deliver services via the Application or Service. You will be provided with available Providers based solely on the information you submit to the Application. You are responsible for choosing your particular Provider.
The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider directly for any questions regarding your care or medical treatment.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DO NOT USE THE APPLICATION. PLEASE GO TO A HOSPITAL OR DIAL THE DESIGNATED EMERGENCY NUMBER OF THE COUNTRY OR REGION YOU ARE IN AT THE TIME OF THE EMERGENCY.
The Application and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything on the Application. If you believe you have an emergency, please call the relevant emergency number or go to a hospital immediately.
You should seek emergency help or follow up care when recommended or needed. You should continue to consult with your primary provider as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition. This includes before stopping, starting, or modifying any treatment or medication.
Telehealth involves the delivery of healthcare services using electronic communications. While the use telehealth services may offer benefits, there are also potential risks associated with its use. The telehealth services are not a substitute for in-person health care in all cases. To use the Service, you must review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”). This will be provided to you by Providers through the Application. You agree that MEDIBUDDY and EAGLE are third-party beneficiaries of the Patient Consent. MEDIBUDDY and EAGLE have the right to enforce it against you.
Neither MEDIBUDDY, its licensors, EAGLE nor Providers endorse any specific medication, pharmacy, or pharmacologic product or device. If a Provider prescribes a medication or medical device, he/she will do so in his/her own discretion, professional judgment and observing his/her professional duties. There is no guarantee a prescription will be written. Providers do not prescribe controlled substances or certain scheduled medications, and the Provider shall be responsible for ensuring that any prescription given is in accordance with applicable laws and guidelines. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions acquired from a Provider will be solely for your personal use. You agree to carefully read all provided product information and labels. Contact a physician or pharmacist if you have any questions regarding the prescription. MEDIBUDDY, EAGLE and Providers fully honor patient freedom of choice.
Neither MEDIBUDDY, EAGLE nor Providers are insurers or medical aid providers. The Services are not insurance products. The amounts you pay to the Application or MEDIBUDDY or Providers are not insurance premiums. If you desire any type of health or other insurance, you must purchase such insurance separately.
MEDIBUDDY, EAGLE and Providers operate subject to applicable laws. As such, Services may not be available in your area or region. You represent that you are not barred from receiving the Services under the laws of South Africa, or other applicable jurisdictions. Access to and use of the Application or the Services is limited to users located within South Africa where the Services are available. Services are not available to users located outside South Africa. Accessing the Application or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
In the event a Service is listed at an inadvertent and obviously incorrect price, we shall have the right to refuse or cancel any orders. This remains whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged and your order is cancelled, we will issue a credit to your account in the amount of the charge.
You can purchase services and items on the Application. To simplify the user experience on the Application, you are able to pay for your purchases via the Application. MEDIBUDDY will serve as payment processing agent on your behalf. If you elect to purchase a service from Providers or an item (e.g., a prescription product) from a pharmacy listed on the Application, then the total price you pay includes the amount charged by Providers for the service, as well as the amount charged by the pharmacy. We also charge a subscription fee for you to use and access the Application and its features via your user account. We collect the amounts charged by the pharmacy and Providers on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice of actual charges for the Services, the pharmacy for the prescription products, and us for the online membership fee.
We and our payment processors accept credit and debit cards issued by South African banks (your “payment method”). You authorize that your payment method may be used by MEDIBUDDY or its payment processors for any of your payment responsibilities. When submitting payment to MEDIBUDDY, you will be subject to our payment processor’s terms and conditions. if you do not agree to such terms, please do not use our Services that require payment. If a credit card account is being used for a transaction, MEDIBUDDY may seek preapproval up to the amount of the payment. If you enroll to make recurring payments, all charges and fees will be billed to the payment method you designate during the setup process. You have the right to revoke this authorization. Please contact MEDIBUDDY via info@eagleintelligenthealth.com at least fifteen (15) days prior to the scheduled payment date. You understand and acknowledge that Services may be cancelled if you revoke this authorization. You are still responsible for all charges incurred by you or are otherwise owed to MEDIBUDDY. This authorization will remain in full force and effect until revoked by you or MEDIBUDDY. If you want to change your payment method, you must change your information online. This may delay your ability to make online payments while we verify your new information.
You warrant that any credit card, debit card and bank account information you supply is true, correct, and complete. Your charges will be honored by your credit/debit card company or bank. You agree to pay the charges incurred by you in the amounts posted, including any applicable taxes. You warrant that you are the person in whose name the card was issued and you are authorized to make a purchase with the relevant credit card and information. If MEDIBUDDY is unable to secure funds from the payment method you provide for any reason, MEDIBUDDY may undertake collection action. This includes application of fees to the extent permitted by law. You agree that you will not dispute the charges from MEDIBUDDY with the payment method company, provided the transactions correspond to the terms indicated herein.
If you purchase a subscription to our Services, your subscription is continuous. It will be automatically renewed unless otherwise cancelled. If you cancel your subscription, your account will close at the end of your current billing period. MEDIBUDDY may change the price for your MEDIBUDDY subscription, from time to time. MEDIBUDDY will communicate any price changes to you in advance and how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the MEDIBUDDY Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services. You must do so before the price change comes into effect.
You agree to fully, accurately, and truthfully create your MEDIBUDDY Account (“Account”). This includes, but is not limited to, your name, mailing address, phone number, email address, and password. These will become your MEDIBUDDY ID and credentials. You are responsible for the confidentiality of your ID or credentials, and for all activities that occur under such. You agree to prohibit anyone else from using your MEDIBUDDY ID or credentials. You agree to immediately notify MEDIBUDDY of any actual or suspected unauthorized use of your Account, or other security concerns. Your access to the Application may be revoked by MEDIBUDDY at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Application. This includes, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Application or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Application, deep-link to any feature or content on the Application, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Application. Violations of system or network security may result in civil or criminal liability. MEDIBUDDY may investigate occurrences that may involve such violations. It may involve, and cooperate with, law enforcement authorities in prosecuting violating users. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Application or any activity being conducted on this Application.
When you use the Application or Services, you are communicating with us electronically. This includes, without limitation, sending communications from your desktop or mobile device. You consent to receive communications from us electronically. You agree that all agreements and consents can be signed electronically. You agree all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement for such notices. MEDIBUDDY and Providers may contact you by telephone, mail, or email to verify your Account information. MEDIBUDDY and Providers may request further information from you. You agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Application and the Services until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of MEDIBUDDY at the mobile number you have provided. This includes calls and text messages. Message and data rates may apply. We may confirm you may opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service or respond. Please note, that by withdrawing your consent, some Application features and certain Services may no longer be available to you. If you stop receiving text messages from us, you may not receive important and helpful information about your Services.
Ownership Of The Application And Related Materials; Additional Restrictions
All pages within this Application and any material for download are the property of MEDIBUDDY, or its licensors or suppliers, as applicable. The Application is protected by United States and international copyright and trademark laws.
Subject to these Terms of Use and the payment of all applicable fees, MEDIBUDDY grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Application. All rights not expressly granted to you in these Terms of Use are reserved and retained by MEDIBUDDY or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Application and Services, nor any part of the Application and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MEDIBUDDY. You may not frame or utilize framing techniques to enclose any of MEDIBUDDY’s proprietary information without express written consent. This includes images, text, page layout, or form. You may not use any meta tags or any other “hidden text” utilizing MEDIBUDDY or any of its licensor’s name or trademarks without the express written consent of MEDIBUDDY. You may not misuse the Application or Services. You may use the Application and Services only as permitted by law. The content of the Application, and any materials made available for use or download through this Application may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by EAGLE. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of EAGLE without our express written consent.
In order to access the Application and the Telehealth Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, you agree that you will not use the MEDIBUDDY telehealth service. Please do not provide any personal information about yourself to us, unless we have received prior verifiable consent from a legally competent person. If we learn that we have collected personal information from someone under the age of 18 for telehealth services without permission, we will promptly delete that information. If you believe we have collected personal information about someone under the age of 18 without prior verifiable consent from a legally competent person, please immediately contact us at info@eagleintelligenthealth.com or call us at (888) 353-5955.
Notwithstanding the above, MEDIBUDDY does not knowingly collect or solicit any information from anyone under the age of 18 relating to the Telehealth Services without receiving prior verifiable consent from a legally competent person.
MEDIBUDDY and its licensors attempts to ensure the integrity and accurateness of the Application and Service descriptions. It makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Application, Service descriptions and other content on the Application. It is possible that the Application could include errors, and that unauthorized alterations could be made to the Application by third parties. In the event that an inaccuracy arises, please inform MEDIBUDDY so that it can be corrected. Information contained on the Application may be changed or updated without notice. Neither MEDIBUDDY nor EAGLE shall have any responsibility or liability for information or content linked, posted to, or otherwise made available through the Application from any non-MEDIBUDDY affiliated third party. This includes any content from third party applications, or other sources made available.
MEDIBUDDY, EAGLE and Providers each reserve complete and sole discretion on the operation of the Application and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Application or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Application or regarding the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Application or the Services. We will act in accordance with our internal record retention or destruction policies.
MEDIBUDDY makes no representations whatsoever about any other website that you may access through this Application. When you access a non-MEDIBUDDY site, please understand that it is independent from MEDIBUDDY. MEDIBUDDY has no control over the content on that website. A link to a non-MEDIBUDDY website does not mean that MEDIBUDDY endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to ensure that whatever you use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Application, you do so at your own risk.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Application (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Application users through unsolicited communication. You represent and warrant to MEDIBUDDY, its licensors, and its affiliates and/or licensees, that you have the legal right and authorization to provide all User Information.
EAGLE may de-identify your information. In such circumstances, it will no longer be personally identifiable information. EAGLE may disclose, aggregate, sell, or otherwise use the de-identified information and share it with third parties for statistical analysis, research, or other purposes.
You agree not to: (i) access the Application or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Application or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Application or the Services; (v) use robots or scripts with the Application; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Application; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to MEDIBUDDY; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses the Application or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless MEDIBUDDY, its licensors, EAGLE and the Providers from and against all third party claims (however arising). This includes damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Application or any breach of these Terms of Use.
You also acknowledge and agree that the data you submit, which is personal in nature, will be stored on computer servers outside of South Africa and therefore the MEDIBUDDY, and its affiliates and/or licensorss, cannot guarantee that the information you provide will only reside in the country of its origin. The data you submit will be governed in accordance with applicable data protection laws.
MEDIBUDDY and EAGLE each disclaim any responsibility or liability for copyrighted materials posted on the Application. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
MEDIBUDDY respects the intellectual property rights of others. It expects its users to do the same. Please report to EAGLE’s Designated Copyright Agent, as identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Application by sending us a notice (“Copyright Notice”) complying with the following requirements.
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Eagle Intelligent Health
c/o Becky Raichur
8226 Menaul Blvd NE #646
Albuquerque, NM 87110
Telephone: (505) 348-8700
Email: copyrights@eagleintelligenthealth.com
With the exception of your electronic medical record, MEDIBUDDY or its licensors, as applicable, retain all right, title, and interest in and to the Application, the Services and any information, products, documentation, software, or other materials on the Application, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Application licensed by MEDIBUDDY or Providers (in that case, the license provider retains all right, title, and interest therein). The information available through the Application and the Services is the property of MEDIBUDDY or its licensors , as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of MEDIBUDDY or its licensors’ trademarks, service marks, and logos are strictly prohibited without the prior written permission of MEDIBUDDY or its licensors, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Application. Nothing contained on the Application should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Application without the written grant thereof by MEDIBUDDY or its licensors, or other third-party owner of such trademarks, service marks, or logos. The Application may contain other proprietary notices and copyright information, the terms of which you agree to follow.
MEDIBUDDY or EAGLE may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
MEDIBUDDY, AND OR ITS LICENSORS, AS THE CASE MAY BE, DO NOT WARRANT THAT (I) ACCESS TO OR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; OR (II) THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. THE APPLICATION, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY APPLICATION-RELATED SERVICE, IS PROVIDED “AS IS.” THIS IS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS IS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MEDIBUDDY AND EAGLE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE APPLICATION.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS APPLICATION, APPLICATION-RELATED SERVICES, AND LINKED WEBSITES. MEDIBUDDY AND EAGLE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY MEDIBUDDY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MEDIBUDDY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. MEDIBUDDY AND EAGLE DO NOT GUARANTEE THAT THROUGH USE OF THE SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. PROVIDERS DO NOT PRESCRIBE CONTROLLED SUBSTANCES AND CERTAIN SCHEDULE SUBSTANCES.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
NEITHER MEDIBUDDY NOR EAGLE,, AS THE CASE MAY BE, SHALL BE HELD LIABLE FOR THE ACTS OR OMISSIONS OF PROVIDERS. MEDIBUDDY, EAGLE AND ANY THIRD PARTIES MENTIONED ON THE APPLICATION ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, APPLICATION-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, APPLICATION-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE APPLICATION OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MEDIBUDDY AND EAGLE TO YOU WITH RESPECT TO YOUR USE OF THE APPLICATION IS $500 (FIVE HUNDRED DOLLARS) IN TOTAL. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
The stipulations for the benefit of EAGLE shall, by way of stipulatio alteri, constitute a contract for the benefit of such persons which shall be capable of acceptance at any time by any of them by written notice to that effect to you. Prior to acceptance, the benefit of each such stipulation may not be withdrawn by you.
You may not assign, transfer, or delegate the Terms of Use or any part thereof without MEDIBUDDY’s prior written consent. MEDIBUDDY may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms prevail.
To be a healthcare provider using the Application (for purposes of this provision, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional. You must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the MEDIBUDDY users (including your patients) is directly between you and the patient. The patient will never have a physician-patient relationship with MEDIBUDDY. MEDIBUDDY, and its affiliates and/or licensors, do not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers. Neither MEDIBUDDY nor EAGLE shall have any liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
MEDIBUDDY, and its affiliates and/or licensors, do not provide any medical advice, legal advice, or representations in any way. Provider should seek legal counsel regarding any legal and compliance issues. Provider should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law applicable in the jurisdiction that the provider renders the services. Provider and MEDIBUDDY agree that MEDIBUDDY, and its affiliates and/or licensors, are not providing to customers, patients, or anyone else, medical advice or legal advice. THE APPLICATION AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY. IT IS YOUR SOLE RESPONSIBILITY TO ASSESS THE ACCURACY, RELIABILITY, AND APPROPRIATENESS OF THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU THROUGH THE APPLICATION.
Provider will use the Application and Services only in accordance with applicable laws, guidelines and standards of good medical practice. While software products can improve the quality of service to patients, many factors can affect a patient outcome. Provider shall be solely responsible for its use of the Application and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases MEDIBUDDY, and its affiliates and/or licensors, and waives any and all potential claims against MEDIBUDDY, and its affiliates and/or licensors, as a result of Provider’s use of the Application and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold MEDIBUDDY, and its affiliates and/or licensors, harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against MEDIBUDDY, and its affiliates and/or licensors, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Application and Services. To the extent applicable, Provider will obtain MEDIBUDDY’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of MEDIBUDDY, and its affiliates and/or licensors, or defect in the Application or Services. MEDIBUDDY, and its affiliates and/or licensors, will promptly notify Provider in writing of any claim subject to this indemnification. It will promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or the Application (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from you. Provider must give all required notices to patients and other consumers. You agree not to contact other users through any unsolicited method of communication. You represent and warrant to MEDIBUDDY, and its affiliates and/or licensors, that you have the legal right and authorization to upload all Provider Content at the Application. MEDIBUDDY and/or its licensors shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however MEDIBUDDY and/or licensors desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. MEDIBUDDY and/or licensors is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
MEDIBUDDY, and its affiliates and/or licensors, do not regularly review Provider Content. It does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Application. You grant MEDIBUDDY and/or licensors the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are solely responsible for any Provider Content you post to the Application or provide to patients or consumers. MEDIBUDDY, EAGLE and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
We will try to work in good faith to resolve any issue you have with the Application. This includes Services ordered or purchased through the Application, if you bring that issue to our attention. We realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
These Terms of Use and the relationship between you and MEDIBUDDY shall be governed by the laws of the Republic of South Africa. As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in Cape Town, South Africa. If we are unable to resolve a dispute between you and us concerning the interpretation or application of these Terms of Use, the Application and/or the Services, any party who wishes to pursue that dispute may, subject to these Terms of Use, and without prejudice to any other remedy that such party may have, refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
Such arbitration proceedings shall be conducted in Cape Town, South Africa, in English. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
The expedited rules of the Arbitration Foundation of Southern Africa may be downloaded from the following website: http://www.arbitration.co.za
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
You agree to defend, indemnify, and hold harmless MEDIBUDDY, and any affiliates or Licensors from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Application, Services or any information posted on the Application; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to MEDIBUDDY and/or its licensors, or any Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Application, Services, or any information on the Application, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Direct all questions and requests relating to Application support to EAGLE. To submit a support request, please email us at info@eagleintelligenthealth.com or call us at +1 (505) 348-8700.
The Select Third Parties, as defined herein are not responsible for providing support may not be contacted for support. EAGLE will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Application at any time, without notice.
MEDIBUDDY and/or its licensors will have no liability for errors, unreliable operation, or other issues resulting from use of the Application on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Application on Modified Devices will be at your sole and exclusive risk and liability.
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Application, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Application. MEDIBUDDY and/or its licensors, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Application or your use. This includes, but is not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. SUBJECT TO APPLICABLE LAWS, YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APPLICATION,, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE APPLICATION AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
MEDIBUDDY reserves the sole right to terminate your access to all or part of this Application, with or without cause, and with or without notice. EAGLE reserves the sole right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited to the minimum extent necessary. These Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between MEDIBUDDY and you pertaining to the subject matter hereof. In its sole discretion, EAGLE may from time-to-time revise these Terms of Use by updating this posting. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms within this Application. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.
Copyright ©2022 EAGLE. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Application are our property, the property of EAGLE or the property of other third parties (as the case may be). You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Eagle Intelligent Health, LLC
8226 Menaul Blvd NE #646
Albuquerque, NM 87110
Telephone: +1 (505) 348-8700
