Last revised: 04/21/2022
- Contractual Relationship
BY USING THE PLATFORM, YOU AGREE TO THESE PROVISIONS.
ABOUT THE PLATFORM
GoGetDoc offers services, including but not limited to, helping you find and learn about healthcare options, utilizing healthcare tools, and accessing a range of health services, including virtual medicine service provided by third-party licensed medical providers for certain conditions (a “Supported Provider”). GoGetDoc is independent from the Supported Providers that you access through the Platform and is not responsible for such Supported Providers’ acts, omissions or for any content of the communications made by such Supported Providers. GoGetDoc reserves the right to modify any part of the Platform at any time.
GOGETDOC IS NOT A HEALTHCARE PROVIDER, IS NOT LICENSED TO PROVIDE MEDICAL SERVICES AND DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS. GOGETDOC PROVIDES A PLATFORM BY WHICH USERS CAN CONNECT VIRTUALLY WITH SUPPORTED PROVIDERS. ALL MEDICAL SERVICES WILL BE PROVIDED SOLELY BY THE SUPPORTED PROVIDERS. AS A PLATFORM PROVIDER, GOGETDOC IS NOT RESPONSIBLE FOR, AND IS UNDER NO OBLIGATION TO BECOME INVOLVED IN, ANY DISPUTES BETWEEN (A) ANY USERS OF THE PLATFORM, AND (B) BETWEEN THE USERS OF THE PLATFORM AND ANY THIRD PARTY OTHER THAN GOGETDOC (INCLUDING SUPPORTED PROVIDERS) ARISING IN CONNECTION WITH THE USE OF THE PLATFORM.
GoGetDoc makes no representations or warranties regarding, nor is responsible for the efficacy, safety, sensitivity, specificity, or validation of the healthcare advice or tests supplied by Supported Provider or other third parties or the accuracy of any test results reported by such parties, including the accuracy of any external data (including but not limited to laboratory test information) uploaded to or modified on the Platform by the Supported Provider or other external data providers.
- what information we may collect about you;
- what we use that information for;
- what third-party information, if any, you are agreeing to share by using the Platform; and
- with whom we share that information.
To register an account on the Platform, you must be at least 18 years of age (or the age of legal majority in your jurisdiction).
You do not need to create a GoGetDoc account (a “User Account”) to visit the public pages of the Platform, however, you do need a User Account to access the applicable parts of the Portal or the App. You are responsible for providing and maintaining up-to-date and accurate contact information, including your telephone number and email address, and other account information on our Platform. Telephone calls, SMS messages and email correspondence with GoGetDoc may be recorded or monitored.
You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password, account number and other log-in information provided by you or GoGetDoc for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, including activities occurring through the Portals, via telephone (through telephone calls or SMS messages), and via email. GoGetDoc does not have any control over the use of your or any User’s account, and GoGetDoc expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your (or another User’s) password or account or you suspect any other breach of security, you will cease all use of such password or account and contact GoGetDoc immediately by emailing email@example.com.
If (i) your User information changes or (ii) you wish to update your preferences with respect to SMS messaging or other communications from us, you may correct, delete inaccuracies, or amend your User information and preferences by making the change on our user information page or by emailing us at firstname.lastname@example.org. We will make commercially reasonable efforts to respond to your access request within thirty (30) days. For California residents seeking to exercise their rights under the California Consumer Privacy Act, please review our California Privacy Notice for additional information.
USING THE PLATFORM
Data Uploaded to the Portals and the App. Each User is responsible for the accuracy and completeness of any information that such User and its agents or representatives (as applicable) enter on, submit to or upload to the Platform (including but not limited to, User contact information, such as a current telephone number and email address). GoGetDoc may not be able to verify the accuracy of such information and may rely on such input information without further corroboration or inquiry. Each User further understands that any changes to such User’s contact information may affect services received under the Platform, that the User is responsible for notifying us of such changes in a timely manner, and that the User is solely responsible for any changes in the Platform provided to the User following a change in contact information by the User about which we are not notified.
Utilization of Wellpay services.
Refunds: If at any point you would like a refund before we have paid your provider, please contact Wellpay support at email@example.com.
We will refund you, in full, to the payment method you used to pay Wellpay.
If we have already paid your provider, the bill is non-refundable.
Bill eligibility for Wellpay: GoGetDoc & Wellpay reserve the right to reject any bill, for any reason, even after accepting your payment. If we reject your bill, we will refund you in full, to the payment method you used to pay Wellpay.
Payment to your provider: If Wellpay is unable to pay your bill to your provider within 30 days, we will refund you, in full, to the payment method you used to pay Wellpay. For this reason, bills may not be more than 30 days past due.
By uploading your bill, you agree to let GoGetDoc see the contents of your bill, and pay it on your behalf.
TERMS APPLICABLE TO THE PLATFORM
You agree to protect the Platform, and its proprietary content, and any associated information and other materials, from any unauthorized access or use, and you agree that you will not use the Platform or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by GoGetDoc. Except as specifically permitted herein or expressly authorized in writing by GoGetDoc, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit any of the Platform in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use any of the Platform in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Platform, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from any of the Platform, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
THIRD PARTY SERVICES AND MATERIALS.
As part of the Platform, we will be displaying, including or making available content, data, information, applications or materials from third parties, including but not limited to from Supported Providers (collectively, “Third Party Materials”) or provide links to certain third-party websites. By using the Platform, you acknowledge and agree that GoGetDoc is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. GoGetDoc does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. GoGetDoc does not guarantee the availability or display of Third Party Materials and reserves the right to remove any Third Party Materials at any time in our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Materials expressed or made available on the Platform are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions or those of our licensors. You use or rely on Third Party Materials at your own risk.
In addition, the Platform, as well as any third-party services and Third Party Materials that may be accessed from, displayed on or linked to from the Platform are not available in all languages or in all countries. GoGetDoc makes no representation that any third-party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, rules and regulations, including but not limited to applicable local laws.
Support Services. If you have a question regarding your use of the Platform or would otherwise like to speak to a member of our support services team, you may email firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY, RELEASE & INDEMNITY
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM (INCLUDING, WITHOUT LIMITATION, THE PORTALS, THE APP, ANY THIRD PARTY MATERIALS, AND THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOGETDOC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FOREGOING (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. GOGETDOC SHALL NOT BE RESPONSIBLE FOR ANY SERVICES PROVIDED BY ANY SUPPORTED PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE COLLECTIONS FOR TESTS PERFORMED AS PART OF THE PLATFORM, AND ANY FAULT OR FAILURE IN THE PERFORMANCE OF SUCH COLLECTIONS SHALL BE THE SOLE RESPONSIBILITY OF THE SUPPORTED PROVIDERS. GOGETDOC DOES NOT WARRANT THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE PLATFORM WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOGETDOC OR ITS AUTHORIZED REPRESENTATIVE OR AGENTS SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
- Informal Process First. You agree that in the event of any dispute between you and GoGetDoc, you will first contact GoGetDoc and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including, without limitation, any court action.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to GoGetDoc, LLC, 400 Concar Drive, San Mateo, CA 94402. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Platform on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law, without regard to conflicts of law principles, will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Platform on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with GoGetDoc and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Platform.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and GoGetDoc each waive any right to a jury trial.
Electronic Communications Notice. When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Platform. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our Platform.
Mobile. To the extent you access our Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Platform may be prohibited or restricted by your carrier, and not all aspects of the Platform may work with all carriers or devices. By using the Platform, you agree that we may communicate with you regarding the Platform by electronic means and that certain information about your usage of the Platform may be communicated to us.
Under California Civil Code Section 1789.3, California users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.