Last revision: April 15, 2018
Use of the MDLink Platform.
The Healthcare Professionals who provide Services through MDLink are independent professionals practicing within their independently-owned medical practices. MDLink Ltd. 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 services and compliance with the requirements applicable to his or her profession and license. Neither MDLink nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
MDLink Platform Content.
None of the MDLink Platform 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.
After registration on the MDLink Platform, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by MDLink (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract, that is, eighteen (18) years. 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 any information you upload to the MDLink Platform, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts 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. MDLink reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the MDLink Platform and your Account Information. In no event and under no circumstances shall MDLink be held liable to you for any liabilities or damages resulting from or arising out of your use of the MDLink Platform, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
Use of the Services by Children.
Fees and Purchase Terms.
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 MDLink with your credit card number and associated payment information, you agree that MDLink is authorized to immediately invoice your account for all fees and charges due and payable to MDLink Ltd. hereunder and that no additional notice or consent is required.
You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all of the fees you or your payer would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.
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 OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Certain of the names, logos, and other materials displayed on the MDLink Platform or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of MDLink or other entities. You are not authorized to use any such Marks without the express written permission of MDLink. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
MDLink reserves the right to suspend or terminate any User’s access or use of the MDLink Platform at any time, for any reason. Subject to applicable law, MDLink reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the MDLink Platform pursuant to its internal record retention and/or content destruction policies. If your User Account is terminated, MDLink will have no further obligation to provide to you access to the MDLink Platform, except to the extent that there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by a Healthcare Professional in connection with his or her legal, ethical and professional obligations to you. You may deactivate your Account and end your registration at any time, for any reason by sending an email to info@theMDLink.com
Right to Modify.
Disclaimer of Warranties.
YOU AGREE THAT USE OF THE MDLINK PLATFORM OR SERVICES IS AT YOUR SOLE RISK. BOTH THE MDLINK PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MDLINK 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.
These Terms are governed by the laws of Jamaica, excluding any conflict of laws which would lead to the application of any other laws. By accessing the MDLink Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the courts of and determined according to the laws of Jamaica. You further agree that, for the purposes of any contemplated or pending litigation, service of any process, notice or document by reliable international courier with delivery receipt to its respective address shall be deemed to be effective service for any litigation brought against it in any such court.
Limitation of MDLink’s Liability
UNDER NO CIRCUMSTANCE SHALL MDLINK BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MDLINK PLATFORM AND/OR HEALTH CARE SERVICES PROVIDED BY HEALTHCARE PROFESSIONALS. MDLINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE MDLINK PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE MDLINK PLATFORM AND/OR HEALTHCARE SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTHCARE PROFESSIONAL. MDLINK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MDLINK’S REASONABLE CONTROL. YOU AGREE THAT MDLINK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE MDLINK PLATFORM OR THE HEALTHCARE SERVICES PROVIDED TO YOU BY HEALTHCARE PROFESSIONAL.
No liability for computers or networks used to access your account.
MDLink is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the MDLink Platform.
You agree to indemnify and hold MDLink (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the MDLink Platform, Healthcare Services and/or Informational Services obtained through your use of the MDLink Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Healthcare Professionals , other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the MDLink Platform, you may use certain services that are not provided by MDLink and that we identify to you for your convenience, e.g., prescription delivery services.
To the extent that a service is not provided by MDLink, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not MDLink.
While using the MDLink Platform, you may not, and represent and promise that you will not:
1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the MDLink Platform except as expressly permitted by MDLink.
3. Decompile, reverse engineer or disassemble the MDLink Platform except as may be permitted by applicable law.
4. Link to, mirror or frame any portion of the MDLink Platform.
5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the MDLink Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the MDLink Platform.
6. Attempt to gain unauthorized access to or impair any aspect of the MDLink Platform, or its related systems or networks.
7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
8. Use the MDlink Platform in a manner that violates any laws. In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the MDlink Platform, including Healthcare Professionals.
9. You agree that you will not contact Healthcare Professionals in respect of Healthcare Services except through the MDLink Platform. For clarity, MDLink has no interest in or control over any interaction that you may have with Healthcare Professional outside the MDLink Platform and unrelated to Healthcare Services or Informational Services.
10. There are restrictions on the Healthcare Services that can be provided through the MDLink Platform. YOU MUST NOT USE THE MDLINK PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 119 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
11. The following symptoms are specifically excluded from the Healthcare Services: chest pains, difficulty breathing, fever in children under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke-like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.
12. In addition to the limitations set out above, Healthcare Professionals are not permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse.
13. YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM A HEALTHCARE PROFESSIONAL ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 119 if any reaction is an emergency situation. Do not report drug reactions, side effects or adverse events through the MDLink Platform.
Healthcare Professionals have the discretion to refuse or discontinue the provision of Healthcare Services to any User at any time, including for actual or potential misuse of the Healthcare Services by a User.
MDLink makes no representation that all products, services and/or material described on the MDLink Platform, or the Services available through the MDLink Platform, are appropriate or available for use in locations outside the Caribbean or territories surrounding the Caribbean region.
All Healthcare Professionals on the MDLink Platform hold professional licenses issued by the professional licensing boards in the nations where they practice. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the nation 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 licensee.
Any clinical records created as a result of your use of the Services will be securely maintained by MDLink.
BY REGISTERING TO USE THE MDLINK PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
1. The MDLink Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Healthcare Professionals for the provision of Healthcare Services and/or Informational Services, that MDLink is not a party to the relationship between you and any Healthcare Professional providing Healthcare Services and/or Informational Services. Healthcare Professionals are independent contractors who are not employed by MDLink or otherwise affiliated with MDLink.
2. HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR HEALTHCARE SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
3. As with any other medical consultation, no results can be guaranteed or assured: your Healthcare Professional may determine that Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Healthcare Services to you through the MDLink Platform.
4. As with any other health care service, there are risks associated with the use of the Healthcare Services.
5. There are risks associated with any inappropriate reliance on Informational Services.
6. You are responsible for providing the Healthcare Professional with the information that he or she advises is required in order to provide you with proper Healthcare Services or Informational Services.
8. The content and material appearing on the MDLink Platform could include technical, typographical or photographic errors. MDLink does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).
If you have questions about the MDLink Platform or its use, you can contact MDLink Support by sending an email to info@theMDLink.com