These Terms of Use was last updated on May 05, 2021.

TERMS OF USE

Use of the MDLink Platform.

MDLink Limited and its directors, respective officers, employees, shareholders, affiliates, agents, partners, licensors and independent third party contractors (collectively referred to as “MDLink”, “we”, “us”, or “our”) operate the website located at www.theMDLink.com and other related websites and mobile applications. We offer online telehealth related services, allowing our patients (“You”) to report their medical history and engage registered medical practitioners to obtain medical and healthcare services. . By accessing, registering on and using the MDLink Platform, you hereby explicitly agree to be bound by these Terms of Use, the Privacy Policy, the Informed Consent for Telehealth Services and all other terms and policies that appear on the MDLink Platform. If you do not wish to be bound by any of these Terms of Use, the Privacy Policy and the Informed Consent for Telehealth Services you may not use the MDLink Platform and/or the Telehealth Services. If you are uncertain as to the meaning or effect of any of these terms and policies, you may consult your legal adviser.

Definitions

1. ‘Healthcare Provider’ means a registered medical practitioner who has entered into an agreement with MDLink to provide the Services via the MDLink Platform;
2. “Healthcare Services” means the medical and healthcare services provided by the Healthcare Provider via the MDLink Platform which include but are not limited to the following:
   1. Medical consultations with patients through messaging, voice calling and video calling;
   2. Diagnostic and therapeutic services through messaging, voice calling and video calling;
   3. Issuing of e-prescriptions for patients to pharmacies of their choice;
   4. Issuing of medical leave certificates to patients;
   5. Issuing of referrals and medical recommendations to patients;
   6. The transmission of health records of patients electronically;
   7. The provision of non-clinical services, such as patient education;
   8. Booking of house calls and in-office visits; and
   9. Requesting diagnostic lab and blood test for patients;
3. ‘Personal Data’ means: -

   1. any information (however stored) relating to a living individual or an individual who has been deceased for less than thirty (30) years who can be identified

      1. from the information alone; or
      2. from the information and other information in the possession of, or likely to come into the possession of MDLink; or

   2. any information (however stored) pertaining to the health record of a living individual or an individual who has been deceased for less than thirty (30) years which-

      1. is in the custody or control of a health Provider in connection with the care of an individual; and

      2. consists of information relating to-

         1. The past or present physical or mental health, or condition, of an individual, for example,

            1. clinical information about diagnosis and treatment;
            2. genetic data or biometric data;
            3. information about the testing of any body part or bodily substance, or the donation of a body part or bodily substance;
         2. the registration of an individual for the provision of health services and any number, symbol or code assigned to uniquely identify the individual for those services;
         3. the name of the individual’s health care provider; or
         4. payments made by, or the eligibility of, the individual for the provision of health services, or any other health related information about the individual that is collected in the course of the provision of health services to that individual;
4. ‘MDLink Platform’ means the website, mobile application, platform or systems developed and maintained by MDLink for the purposes of carrying out the Telehealth Services;
5. “Telehealth Services’ means telehealth related services which include but are not limited to the following:
   1. Creation of an online account via a mobile application software or web login;
   2. Facilitating the transmission of health records electronically between medical practitioners;
   3. Facilitating and coordinating chart reviewing, remote prescribing and appointment scheduling;
   4. Facilitating the provision of non-clinical services, such as patient education;
   5. Facilitating the provision of electronic health record services which include uploading, storing, and accessing health records electronically;
   6. Facilitating the provision of e-prescription services, in particular, coordinating the generation and transmission of e-prescription data from medical practitioners to pharmacies for the fulfilment of prescriptions;
   7. Facilitating consultation, diagnostic and therapeutic services provided by medical practitioners;
   8. Facilitating and coordinating the booking of house calls and in-office visits with medical practitioners; and
   9. Facilitating the booking of diagnostic lab and blood tests.

Healthcare Services.

The Healthcare Providers who provide the Healthcare Services via the MDLink Platform are independent professionals practicing within their independently-owned medical practices and shall not be construed as any employee, agent or representative of MDLink. MDLink 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 Providers, each of whom is responsible for his or her Healthcare Services and compliance with the requirements applicable to his or her profession and license. The Healthcare Provider shall be solely responsible and liable for any and all acts or omissions taken or made in reliance on the Healthcare Services.

Telehealth Services

Neither MDLink nor any third parties who promote the MDLink Platform and/or the Telehealth Services or provide you with a link to the MDLink Platform and/or the Telehealth Services shall be liable for any professional advice, care, medication or treatment you obtain from a Healthcare Professional via the MDLink Platform.

MDLink Platform Content.

None of the MDLink Platform content (other than information you receive from Healthcare Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

User Accounts

After registration on the MDLink Platform, you are required to create an account (“User Account”) by entering your name, email address, password and certain other information collected by MDLink (collectively “Account Information”). To create a User 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 on the MDLink Platform and/or use our Telehealth 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 User Account password with anyone, or create more than one User Account (with the exception of subaccounts established for minors of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your User Account password and for all activities that occur under your User 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. To the extent permitted by law, 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.

Privacy and the use of your Personal Information

By accessing, registering on and using the MDLink Platform and/or the Telehealth Services, you hereby explicitly agree and consent to the processing i.e. collection, use, storage, transfer, erasure and destruction of your Personal Information (as defined below) in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy which can be accessed via our website. MDLink is required to comply with healthcare privacy and confidentiality laws and maintain safeguards to protect the security of your Personal Information. Additionally, the Personal Information you provide to your Healthcare Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. MDLink dedicates a vast amount of time and energy into ensuring that your Personal Information is secure. Information regarding our use of your Personal Information is provided in our Privacy Policy. As part of providing to you the Telehealth Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Telehealth Services enabled by your User Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing Personal Information may take place between you and MDLink. MDLink cannot ensure the security or confidentiality of messages sent by email. All Personal Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by MDLink.

‘Personal Data’ means: -

1. any information (however stored) relating to a living individual or an individual who has been deceased for less than thirty (30) years who can be identified-

   1. from the information alone; or
   2. from the information and other information in the possession of, or likely to come into the possession of MDLink; or
2. Any information (however stored) pertaining to the health record of a living individual or an individual who has been deceased for less than thirty (30) years which-
   1. is in the custody or control of a health professional in connection with the care of an individual; and
   2. consists of information relating to-
      1. The past or present physical or mental health, or condition, of an individual, for example,
         1. clinical information about diagnosis and treatment;
         2. genetic data or biometric data;
         3. information about the testing of any body part or bodily substance, or the donation of a body part or bodily substance;
      2. the registration of an individual for the provision of health services and any number, symbol or code assigned to uniquely identify the individual for those services;
      3. the name of the individual’s health care provider; or
      4. payments made by, or the eligibility of, the individual for the provision of health services, or any other health related information about the individual that is collected in the course of the provision of health services to that individual.

Use of the Telehealth Services by Minors

The Telehealth Services are available for use by a minor i.e. an individual under the age of 18. If the patient is a minor, registration on the MDLink Platform must be done by the patient’s 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 on their behalf.

Access Rights

We hereby grant to you a limited, non-exclusive, nontransferable right to access the MDLink Platform and use the Telehealth Services solely for your personal non-commercial use and only as permitted under these Terms of Use. We reserve the right, in our sole discretion, to deny or suspend use of the MDLink Platform or Telehealth Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the MDLink Platform or Telehealth Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the MDLink Platform or Telehealth Services; (d) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the software or other components of the MDLink Platform or Telehealth Services PROVIDED HOWEVER THAT permission is granted to you to electronically copy or print information pertaining to your health for your own personal and non-commercial use; (e) distribute viruses or other harmful computer code via the MDLink Platform; or (f) otherwise use the Telehealth Services and/or MDLink Platform in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Providers via the MDLink Platform. We strongly recommend that you do not use the MDLink Platform on public computers. We also recommend that you do not store your User Account password through your web browser or other software.

Fees and Purchase Terms

You agree to pay all fees or charges to your User 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 User Account for all fees and charges due and payable to MDLink hereunder and that no additional notice or consent is required.

MDLink 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 Telehealth 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.

Website Links

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.

Ownership

The MDLink Platform, all contents and rights, title and interest therein, except protected health information (PHI), are and shall remain MDLink’s property or the property of MDLink’s licensors. Neither these Terms of Use nor your use of the MDLink Platform convey or grant to you any rights to use or reference in any manner MDLink’s brand elements, company name, logo, product and service names, trademarks or services marks or those of MDLink’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, republish, store or transmit any content, except as expressly permitted by these Terms of Use.

Trademarks

Certain of the names, logos, and other materials displayed on the MDLink Platform or in the Telehealth 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.

Termination

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 Privacy Policy. 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 Personal Information, or we are requested to do so, for a limited period, by a Healthcare Provider in connection with his or her legal, ethical and professional obligations to you. You may deactivate your User Account and end your registration at any time, for any reason by sending an email to info@theMDLink.com.

Right to Modify

These Terms of Use was last updated on 05 day of May 2021. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time without your consent. Our obligations will be determined having regards to the Terms of Use as amended from time to time and not the terms at the time of registration on the MDLink Platform. We will post notifications of any changes to these Terms of Use on our website and we encourage you to check our website periodically so as to become aware of any changes to these Terms of Use. Continued use of the MDLink Platform and/or Telehealth 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.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE MDLINK PLATFORM OR TELEHEALTH SERVICES IS AT YOUR SOLE RISK. BOTH THE MDLINK PLATFORM AND TELEHEATLH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, 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.

MDLink does not represent or warrant that the Healthcare Services provided by the Healthcare Provider will be provided with due care and skill.

1. To the extent permitted by law, MDLink excludes all liability (whether arising in contract, tort or otherwise and whether or not due to MDLink’s negligence) which may arise as a result of:
   1. any technical, factual, textual photographical or typographical inaccuracies, errors or omissions on or relating to the MDLink Platform or any information on the MDLink Platform;
   2. the unavailability of the MDLink Platform (or any part of it), or the Telehealth Services;
   3. any delay in providing, or failure to provide or make available the, Telehealth Services, or any negligent provision of the Telehealth Services; or
   4. any misrepresentation on or relating to the MDLink Platform and/or the Telehealth Services.

Governing Law

These Terms of Use are governed by and interpreted in accordance with the laws of Jamaica. By accessing, registering on and using the MDLink Platform and/or the Telehealth Services, you agree that any disputes or matters arising from, connected with, or related to these Terms of Use 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

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE SHALL MDLINK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER 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, THE TELEHEALTH SERVICES AND THE HEALTHCARE SERVICES.. MDLINK, ITS DIRECTORS, RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS partners, licensors 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, R THE TELEHEALTH SERVICES AND THE HEALTHCARE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE MDLINK PLATFORM, THE TELEHEALTH SERVICES AND THE HEALTHCARE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTHCARE PROVIDER. . 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, THE TELEHEALTH SERVICES OR THE HEALTHCARE SERVICES.

MDLink shall not be liable for your Personal 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.

Indemnity

You agree to indemnify and hold MDLink, its directors, respective officers, employees, shareholders, affiliates, agents, partners, licensors and independent third party contractors 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, the Telehealth Services or the Healthcare Services; (ii) your breach or violation of any of these Terms of Use; or (iii) your violation of the rights of any third party, including Healthcare Providers , other users, any person on whose behalf you request the Telehealth Services or the Healthcare 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. MDLink shall not be liable to you in any way for any service you receive by such service provider.

Restrictions

While using the MDLink Platform, you may not, and represent and promise that you will not:

1. 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.

2. Attempt to gain unauthorized access to or impair any aspect of the MDLink Platform, or its related systems or networks.

3. There are restrictions on the Healthcare Services that can be provided by a Healthcare Provider via 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 TO YOUR NEAREST EMERGENCY ROOM.

4. The following symptoms are specifically excluded from the Healthcare Services that can be provided by a Healthcare Provider via the MDLink Platform: chest pains, loss of consciousness or any impairment in level of consciousness, vomiting or coughing of blood, pediatric ear infections, lacerations, severe burns, multiple broken bones, traumatic head injury, brain damage, myocardial infarction symptoms, stroke 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, deep vein thrombosis symptoms, sepsis, shock and fever in children under the age of 3 months.

5. In addition to the limitations set out above, Healthcare Providers 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.

6. YOU AGREE THAT ANY PRESCRIPTIONS YOU ACQUIRE FROM A HEALTHCARE PROVIDER 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 via the MDLink Platform.

Healthcare Providers have the discretion to refuse or discontinue the provision of the Healthcare Services to any user at any time, including for actual or potential misuse of the Healthcare Services by a user.

Geographical Restrictions

MDLink makes no representation that all products, services and/or material described on the MDLink Platform, or the Telehealth Services available via the MDLink Platform, are appropriate or available for use in locations outside the Caribbean or territories surrounding the Caribbean region.

Disclosures

All Healthcare Providers on the MDLink Platform hold professional licenses issued by the professional licensing boards in the jurisdiction where they practice. You can report a complaint relating to the care provided by a Healthcare Provider by contacting the professional licensing board in the jurisdiction 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 license.

For Clarity

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 Providers for the provision of the Telehealth Services and Healthcare Services, that MDLink is not a party to the relationship between you and any Healthcare Provider providing the Healthcare Services. Healthcare Providers are independent contractors who are not employed by MDLink or otherwise affiliated with MDLink.

2. HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE 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 Provider may determine that the Healthcare Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide the Healthcare Services to you via the MDLink Platform.

4. As with any other health care service, there are risks associated with the use of the Healthcare Services.

5. You are responsible for providing the Healthcare Provider with the information that he or she advises is required in order to properly provide you with the Healthcare Services.

6. The laws that protect the privacy and security of PHI apply to telehealth related services; (please see our Privacy Policy).

Miscellaneous

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the MDLink Platform you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Telehealth Services (collectively, "Communications") via electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided to us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the MDLink Platform. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your User Account. You can opt-out of future Communications by contacting MDLink Support at info@theMDLink.com

No waiver by MDLink of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MDLink to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

MDLink devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device. Please report any violations of these Terms of Use to info@theMDLink.com.

Contact Us

If you have questions about the MDLink Platform or its use, you can contact MDLink Support by sending an email to info@theMDLink.com.