Effective Date: Feb 01, 2022
Hepius provides Providers with the Hepius Services to manage appointments, personal health records, communications, and other related activities. Other than information gathered through our websites at Hepius.co, Hepius acts as a service provider for health service providers and does not own or control the information that is submitted to us through the Hepius Services. The information that is submitted through the Hepius Services will be held subject to the requirements specified by our health service provider clients and applicable law, such as the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
In addition, individually identifiable information that you provide to us for purposes of providing medical care to your potential or existing patients (“Patient” or “Patients”) (such information is also referred to as “Protected Health Information” or “PHI”) will also be subject to each Provider’s Health Insurance Portability and Accountability Act Notice of Privacy Practices (the “HIPAA Notice”), which each Provider shall make available to Patients. The HIPAA Notice shall describe how the Providers can use and share the Patients’ PHI and also describes the Patients’ rights with respect to their PHI.
I. Collection of Information
We may collect the following kinds of information (including Personal Information and PHI of your Patients) when you use the Hepius Services:
Information you or the Patients provide directly to us. For certain activities, such as when the Patients register, use our online services (via our websites or applications), our telemedicine services, subscribe to our alerts, or contact us directly, we may collect some or all of the following types of information:
|||Contact information, such as your and the Patients’ full name, email address, mobile phone number, and address;|
|||Username and password;|
|||Payment information, such as your or the Patients’ credit card number, expiration date, and credit card security code;|
|||Information about your employment, such as your job title, practice area, primary specialty, and medical license status, gender, date of birth, languages spoken, educational background, address, photograph and professional license information.|
|||Personal health information, including information about the Patient’s diagnosis, previous treatments, general health, health insurance and information which you or the Patients have stored and|
|||Any other information you provide to us.|
We may combine such information with information we already have about you or the Patients.
Information we collect automatically. Hepius and our third-party partners, such as analytics service providers, may collect certain information automatically when you use our Hepius Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Hepius Services, the date and time of the Patient’s visit, information about the links you click and pages you view within the Hepius Services, and other standard server log information. We may also collect certain location information when you use our Hepius Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.
We may also collect technical data to address and fix technical problems and improve our Hepius Services, including the memory state of your device when a system or app crash occurs while using our Hepius Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Hepius Services, you are consenting to the collection of this technical data.
Information we obtain from health care providers and other sources. In connection with the Patient’s treatment, we may collect medical records from their past, current, and future health care providers. This may include information about their diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records about phone calls and emails related to their illness.
Some of our users, including the Providers, are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the 21st Century Cures Act, HIPAA, the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of the Provider who has entered a Healthcare Provider User Agreement, we do so as its “business associate” (as also defined by HIPAA). Under this agreement, Hepius is prohibited from using individually identifiable health information in a manner that the provider itself may not. Hepius is required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such providers. Hepius is subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when it operates as a business associate of a healthcare provider.
We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g. through direct mail). For example, if you access third-party services, such as Facebook, Google, or Twitter, through the Hepius Services to login to the Hepius Services or to share information about your experience on the Hepius Services with others, we may collect information from these thirdparty services.
II. Use of Information
Targeting Cookies. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies. These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.
Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Our uses for the information (including Personal Information) we collect online include but are not limited to:
- Providing and improving the Hepius Services;
- Contacting you;
- Fulfilling your requests for products, services, and information;
- Sending you information about additional clinical services or general wellness from us or on behalf of our affiliates and trusted third-party partners;
- Analyzing the use of the Hepius Services and user data to understand and improve the Hepius Services;
- Customizing the contents you see when you use the Hepius Services;
- Conducting research using your information, which may be subject to your separate written authorization;
- Preventing potentially prohibited or illegal activities and otherwise in accordance with our Terms of Service and
- For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may use the information collected through the Hepius Services to investigate potential or suspected threats to the Hepius Services or to the confidentiality, integrity or availability of the information Hepius stores and maintains.
By using the Hepius Services you agree to receive texts, phone calls, and/or email from us at the phone numbers and email addresses you provided to us for informational and customer service-related purposes.
Additionally, we may send an email to the email address you provide us in order to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. We may also send you marketing emails if you request more information about our products and services. Emails are often transactional or relationship messages, such as appointment requests, reminders and cancellations and other notifications. Hepius may not offer you the option of opting out of receiving some of these messages although Hepius may allow you to modify how often you receive such messages. If you opt-in to receiving marketing announcements from Hepius, we will allow you to opt-out of receiving those announcements.
Electronic Notices. By using the Hepius Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Hepius Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Hepius Services or sending a text or email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.
We may anonymize and aggregate any data collected through the Hepius Services, and use it for business purposes. For example, we may use such data for evaluating and profiling the performance of the Hepius Services, including analyzing usage trends and patterns and measuring the effectiveness of content, features, or services.
- Sharing of Information
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
- Healthcare providers, insurance companies, and other healthcare-related entities. We may share Patient Personal Information and PHI with other health care providers, laboratories, government agencies, insurance companies, organ procurement organizations, medical examiners or funeral directors, and other entities relevant to providing them with treatment options and support.
- Authorized third-party vendors and service providers. We may share your Personal Information and PHI with third-party vendors and service providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct-mail, mobile marketing, optimization and retargeting), performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.
- Research partners. We may share your information with our research partners to conduct health-related research; such sharing may be subject to your separate written authorization.
- Corporate affiliates. We may share your information with our corporate affiliates that are subject to this policy.
- Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
- Legal purposes. We may disclose information to respond to subpoenas, warrants, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of Hepius, our affiliates, users, or the public. If we are legally compelled to disclose information about you to a third-party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.
- With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.
If you access third-party services, such as Facebook, Google, or Twitter, through the Hepius
Services to login to the Hepius Services or to share information about your experience on the Hepius Services with others, these third-party services may be able to collect information about you, including information about your activity on the site, and they may notify your connections on the third-party services about your use of the website, in accordance with their own privacy policies.
If you choose to engage in public activities on the website or third-party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing Personal Information while participating in these areas. We are not responsible for the information you choose to submit in these public areas.
We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we take steps to ensure security on our systems. Please note this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such safeguards. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
If Hepius learns of a security system’s breach, Hepius maintains an incident response policy that includes notifications consistent with applicable law.
By using the Hepius Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website.
- Your Choices
You may opt out of receiving certain general communications by emailing us at contact@Hepius.co. You may also request that we delete your Personal Information by sending us an email at contact@Hepius.co.
You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section
When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.
VI. Third-Party Advertising, Links and Content
Some third parties collect information about users of our Hepius Services to provide interestbased advertising on our Hepius Services and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Hepius Services to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on your online activities. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
Third-Party Browser Extensions. Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of your browser. Extensions may have privileges, including the ability to read, record and/or modify your private data, including PHI. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with Hepius and Hepius does not have visibility into which extensions any user may use. Hepius assumes no risk of loss of data or breach of such data due to your use of browser extensions.
Prior to using the Hepius Services, if you have one (or more) of these extensions enabled in your browsers, Hepius recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect your PHI. We recommend that you only access the Hepius Services from supported browsers that have all plugins and extensions removed.
Further, installing any third-party software on your operating system may also subject you to the same risks as using browser extensions. Hepius has no liability to you due to damages caused by any third-party software, including, without limitations, browser extensions.
- Intended For Use in Ethiopia Only
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We do not knowingly allow individuals under the age of 18 to create accounts that allow access to our Hepius Services.
Without limiting the above, the Hepius.com website does allow persons above the age of 18 years—such as you, parents and guardians—to provide, share and store Personal Information about others, including minors and children. Any user providing, storing or submitting information on behalf of a child assumes full responsibility over the submission, use and transmission of such information.
- Information Retention
Hepius indefinitely stores non-personal information, as well as any feedback you provide us.
Terms and Conditions
Last updated: Feb 01, 2020
I. Introduction and Eligibility
Please read these Terms and Conditions (these “Terms and Conditions”) carefully before using the Hepius Services (as defined in Section II).
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms and Conditions constitute a binding agreement between you and Hepius Medical Innovation PLC. and its affiliates and subsidiaries (“Hepius,” “we,” “us”). “You,” “you,” “Providers,” and “users” shall mean all health service providers and their agents who use the Hepius Services. You accept these Terms and Conditions by clicking the “I AGREE” checkbox when you download or install the Hepius Services, when you agree to them by using our website at www.hepius.co, and each time you access the Hepius Services thereafter. If you do not accept these Terms and Conditions, you must not use the Hepius Services.
In addition to these Terms and Conditions, the terms of any agreement that you have entered into with us shall also govern our relationship.
Access to the Hepius Content (as defined in Section VII) is provided solely to facilitate access to Hepius Services. Subject to compliance with these Terms and Conditions and any agreement that You may have executed with Hepius (“Your Agreement”), Your access to the Hepius Services and the Hepius Content is on a limited, non-exclusive, non-transferable basis only during the term of Your Agreement.
Revisions to Terms and Conditions. We may revise these Terms and Conditions at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms and Conditions because you are bound by them when you use the Hepius Services as well as our website. Your continued use of the Hepius Services after a change to these Terms and Conditions constitutes your binding acceptance of these Terms and Conditions.
The terms “post” and “posting” as used in these Terms and Conditions shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Hepius Services.
“Health-related information” means all individually identifiable health information, including demographic information and information related to an individual’s physical or mental health, the provision of health care to the individual, or the individual’s payment for the provision of health care.
“Health service provider” means an entity that provides health-related services.
II. The Hepius Services
The “Hepius Services” are defined as any computer or mobile application or software under Hepius’s control, whether partial or otherwise, in connection with providing the services provided by Hepius, including any website or application owned or controlled by Hepius. The Hepius Services include but are not limited to, providing a platform to offer telemedicine services, and providing a platform to store health-related information to make it available to you and your employees.
Hepius does not give medical advice.
Medical Advice. Hepius does not give medical advice. The Hepius Services may provide helpful information to assist you in medical decision-making. The information and materials available through the Hepius Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Hepius Services. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services. Your relationship with the Hepius users (including your patients/clients) is directly between you and the patient. The patient will never have a physician-patient relationship with Hepius. Hepius does not practice medicine or any other licensed profession and offers no medical or other professional services.
You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of the Hepius Services.
Third-Party Services. Your use of the Hepius Services may include certain third-party software and services or allow you to access additional software and services offered by third-parties. Your use of such software or services may require that you enter into separate subscription, licensing, and/or business associate agreements with such third-party vendors and suppliers. You agree: (i) to comply with and, upon request, execute such agreements as may be required for the use of such software or services; (ii) that Hepius may disclose individually identifiable health information to these third-parties on your behalf.
You may allow employees to use the Hepius Services on your behalf. You may allow patients to use the Hepius Services to pay for your services.
You are responsible for the use and misuse of the Hepius Services by the employees and patients you allow to access the Hepius Services using your account.
No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the Hepius Services using your account. You may allow your employees to use the Hepius Services on your behalf in compliance with these Terms and Conditions. You may also allow patients to make payment for your services through the Hepius Services in compliance with these Terms and Conditions. You are solely responsible for the use of the Hepius Services by your employees and patients. We have no liability for the consequences to you or your employees or patients from your or their use of the Hepius Services.
Responsibility for Misuse by Other Users of Your Account. You acknowledge that by allowing employees and patients to access the Hepius Services with your account, you are responsible for ensuring such employees and patients use the Hepius Services for the purposes for which they are accessing it. While the Hepius Services has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Hepius Services by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.
You represent and warrant that you received any necessary consents from individuals before posting their information in the Hepius Services.
Individuals’ Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Hepius Services or initiating any payment transactions.
Exporting Information from the Hepius Services. You are solely responsible for any healthrelated information exported from the Hepius Services by you or the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.
Transferring Information into the Hepius Services. You may be able to transfer information from your or third-party data sources into the Hepius Services. You represent and warrant that you have all necessary patient authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.
Training and Compliance. You agree to train all employees on the use of the Hepius Services, HIPAA or health privacy obligations, and the requirements of these Terms and Conditions and ensure that they comply with such requirements.
Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the Hepius Services. You will cooperate fully with us in connection with any such demand.
Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.
III. Protected Health Information Practices
When we maintain or process protected health information, we comply with HIPAA and a Business Associate we have formed with you.
You agree that our practices with respect to protected health information are governed by the Health Insurance Portability and Accountability Act of 1996, and any amendments and regulations promulgated therefrom (“HIPAA”). By agreeing to these Terms and Conditions, you also agree to Hepius’s Business Associate Addendum, available here and incorporated by reference into these Terms and Conditions, unless you or your organization have agreed to a
different business associate agreement with Hepius that applies to your use of the Hepius Services.
You agree to use the Hepius Services only as permitted by HIPAA, the 21st Century Cures Act, and other applicable data privacy laws.
As part of our internal compliance control, to the extent Hepius uses third party business processing outsourcing vendors in connection with our provision of the Hepius Services, we reserve the right to conduct an audit of their operations in our discretion.
Patient-Collected Data. For the avoidance of doubt, each of Hepius, You, as well as each patient/end-user of Yours (a “Patient”) and Hepius Medical Innovation PLC. (the entity) shall have rights to use the Patient-Collected Data. As used herein, the “Patient-Collected Data” shall mean the PHI that is collected in connection with Your use of the Hepius Services. In the event that Patient requests its Patient-Collected Data from Hepius whether during the then applicable Contract Term (as defined in Your Agreement) or after the expiration or termination of this
Agreement, Hepius shall use its reasonable efforts to provide the Patient-Collected Data to a Patient. As used herein, “PHI” shall mean individually identifiable health information, as that term is defined in 45 C.F.R. § 160.103.
Physician-Created Data. Further, nothing herein these Terms and Conditions shall prohibit Hepius from using the aggregated, non-personally identifiable data created, compiled, analyzed or otherwise collected by the Authorized User in its use of the Hepius Services or the Hepius Content (“Physician Data”). Additionally, Hepius shall have the right to either provide or not provide the Physician Data to any third parties.
Automatically Collected Data. We may collect certain information automatically when you use the Hepius Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Hepius Services, the date and time of a Patient’s visit, information about the links you click and pages you view within the Hepius Services, and other standard server log information. We may also collect certain location information when you use our Hepius Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.
We may also collect technical data to address and fix technical problems and improve our Hepius Services, including the memory state of your device when a system or app crash occurs while using the Hepius Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Hepius Services, you are consenting to the collection of this technical data.
V. Service Access, Account Creation and Secure Credentials
If you create an account on behalf of a health service provider, you agree you have the authority to do so and that you are binding the health service provider.
We may take steps to verify you are a health service provider.
You are responsible for your log-in credentials and for keeping your account information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Hepius Services.
You agree that if you create an account and use the Hepius Services on behalf of a health service provider, you have the necessary legal authority and capacity to do so as an authorized agent of the health service provider. Such health service provider will be the primary account holder. You agree that you have the authority to bind the health service provider in legal agreements and contracts. Your agreement to these Terms and Conditions also binds such health service provider. As a healthcare provider using the Sites (as defined below) you must agree to comply with all laws, medical or other board rules (including, without limitation, all state licensing rules and regulations), or other rules and regulations applicable to you as a healthcare provider or other professional using the Sites.
Due Authority. You represents and warrant to Hepius on a continuing basis through the Contract Term of Your Agreement that: (i) You have the requisite corporate power and authority to execute and perform its obligations under Your Agreement; (ii) the person executing Your Agreement on your behalf has the authority to bind You and that such person’s execution of Your Agreement is not in violation of your bylaws, certificate of incorporation or other comparable document; (iii) the execution of Your Agreement does not constitute a material breach of any covenants or agreements by which You or any of your assets are bound; and (iv) neither You nor any of your personnel to your knowledge (A) has been convicted of any crime arising from claims or other transactions, financial relationships, or financial dealings in connection with health care, or (B) has been excluded from any federal or state health care program.
Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider) holds the legal rights to the Hepius Services account and the information posted to the Hepius Services by your business entity.
Accurate Account Information. You represent and warrant that the information you provide to Hepius upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Verification. You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Hepius Services at any time if we are unable at any time to determine or verify your qualifications or credentials.
Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Hepius Services. Your access to the Site may be revoked by Hepius at any time with or without cause. You agree to defend, indemnify and hold Hepius harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Hepius arising out of your breach of these Terms and Conditions or violation of applicable law, your use or access of the Sites, or access by anyone accessing the Site using your username and password.
Notification in Case of Breach. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Hepius support. You will be solely responsible for the losses incurred by Hepius and others (including patients) due to any unauthorized use of your account that takes place prior to notifying Hepius that your account has been compromised.
Additional Use Terms. You shall access the Hepius Services and Hepius Content only: (i) through Your Authorized Users acting within the scope of their service for You; (ii) on Hepius’s servers as authorized by Hepius; (iii) for Your internal use; and (iv) from and within the United States. The Hepius Services are not intended to be used outside of the United States. Hepius makes no representations and warranties that the Hepius Services comply with applicable law in your jurisdiction and Hepius shall not be responsible for Your use of the Hepius Services outside of the United States. In the event that You use the Hepius Services outside of the United States, you acknowledge and understand that you are solely responsible for any and all legal consequences for violating applicable laws within your jurisdiction and that You shall have no right of recourse against Hepius. If You are an RCM Client, You shall not use, directly or indirectly, any patient service-related billing system or method other than the Hepius Services and Hepius Content, including cash billing systems, unless You (i) use a different tax identification number for claims submitted through a different billing system, or (ii) agree to use Hepius’s mixed remittance process with respect to such claims.
As used herein, “Authorized Users” shall mean those users (i) who are designated by You on the Hepius Services control screens and who are (A) employees of Yours, or (B) other individuals, corporations, or entities that are not, and are not affiliated with, third party payers or competitors of Hepius, and have a valid HIPAA business associate agreement or other agreement with You, and (ii) who have been granted access to the Hepius Services and/or Hepius Content by You in Your exercise of reasonable discretion relating to the receipt of the Hepius Services and/or Hepius Content hereunder by You, and (iii) from whom You have obtained reasonable assurances that they will comply with the access and use and confidentiality terms in these Terms and Conditions and Your Agreement.
You shall ensure that each Authorized User complies with these Terms and Conditions and Your
Agreement as well as applicable law. You shall terminate any Authorized User’s access to the
Hepius Services or the Hepius Content: (i) when such person no longer meets the definition of “Authorized User”; (ii) if conduct by such Authorized User breaches any term of these Terms and Conditions and/or Your Agreement; or (iii) upon such Authorized User’s indictment, arrest, or conviction of any crime related to claims or other transactions, financial relationships, or financial dealings in connection with health care, and You shall immediately inform Hepius of any such indictment, arrest, or conviction. You are responsible for all acts and omissions of any Authorized User in connection with such Authorized User’s access and use of the Hepius
Services. Hepius may restrict, suspend, or terminate an Authorized User’s access to the Hepius Services or the Hepius Content if Hepius determines in its sole discretion that such access has an adverse effect on Hepius.
Violations of system or network security may result in civil or criminal liability. Hepius will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites.
Except as expressly permitted under these Terms and Conditions, You shall not and shall cause Your Authorized Users not to: (i) access or use the Hepius Services or the Hepius Content in connection with the provision of any services to third parties; (ii) resell, rent, license, lease, provide service bureau or timeshare services, transfer, encumber, copy, distribute, publish, exhibit, transmit or otherwise make available to any third party any Hepius Content or the Hepius Services; (iii) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on the Hepius Services or the Hepius Content; (iv) use the Hepius Services or the Hepius Content in a manner that delays, impairs, or interferes with system functionality for others or that compromises the security or integrity of any data, equipment, software, or system input or output, including but not limited to introduction of any viruses or malware into the Hepius Services; (v) enter data in the Hepius Services that is threatening, harmful, lewd, offensive, defamatory, or that injures or infringes the rights of others; (vi) apply systems to extract or modify information in the Hepius Services or the Sites using technology or methods such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping” or other automated means of any kind to access or copy data on the Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites; (vii) use the Hepius Services or the Hepius Content or any part or aspect thereof for any unlawful purpose or to mislead or harass anyone; or (viii) use the Hepius Services or the Hepius Content except as specifically permitted under this Agreement. Use of or access to the Hepius
Services or the Hepius Content not in accordance with these Terms and Conditions or Your Agreement is strictly prohibited. Any violation will cause Hepius irreparable and immediate harm, and Hepius is entitled to injunctive relief to prevent such violation.
Third-Party Browser Extensions. Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of Your browser. Extensions may have privileges, including the ability to read, record and/or modify Your private data, including PHI. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with Hepius and Hepius does not have visibility into which extensions any user may use. Hepius assumes no risk of loss of data or breach of such data due to Your use of browser extensions. Hepius makes no representations whatsoever about any other website that you may access through its Sites. When you access a non-Hepius site, please understand that it is independent of Hepius, and that Hepius has no control over the content on that website. In addition, a link to a non-Hepius website does not mean that Hepius endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your 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 the Sites, you do this entirely at your own risk.
Prior to using the Hepius Services, if You have one (or more) of these extensions enabled in Your browsers, Hepius recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect Your PHI. We recommend that You only access the Hepius Services from supported browsers that have all plugins and extensions removed.
Further, installing any third-party software on Your operating system may also subject You to the same risks as using browser extensions. Hepius assumes no risk of loss of data or breach of such data due to your use of browser extensions. Hepius has no liability to You due to damages caused by any third-party software, including, without limitations, browser extensions.
Hepius may communicate with you by email or by posting notice on the Hepius Services. You may request that we provide notice of security breaches in writing.
You agree to receive texts, phone calls, and/or email from us at the phone numbers and email addresses you provided to us for informational and customer service-related purposes.
Electronic Notices. By using the Hepius Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Hepius Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Hepius Services or sending a text or email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.
- Hepius’s Content Ownership and Use
Hepius owns all of the content we create, but you may use it while you use the Hepius Services. You cannot use our logo without our written permission.
The contents of the Hepius Services include: the Hepius websites, the Hepius Services, materials, Hepius Services descriptions, proprietary methods, templates, spreadsheets, databases and other electronic tools created or owned by Hepius, including all data and information included in or entered into the Hepius Services that Hepius compiles, sorts, integrates, normalizes, analyzes, maps, stores, processes, selectively aggregates and/or combines with multiple disparate data sources, for comparison, benchmarking or other similar and lawful purposes, as well as edits, improvements, additions, modifications, interfaces, and derivative works prepared from or relating to any of the foregoing, and any and all tangible and intangible works of authorship, copyrights, patents, trademarks, trade secrets and trade dress, and all intellectual property rights in any of the foregoing (collectively, “Hepius Content”). All Hepius Content and the compilation (meaning the collection, arrangement, and assembly) of all Hepius Content are the property of Hepius or its licensors and are protected under copyright, trademark, and other laws
License to You. We authorize you, subject to these Terms and Conditions, to access and use the Hepius Services and the Hepius Content solely for the use of the Hepius Services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Hepius Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Hepius Content on any copy you make of the Hepius Content.
Hepius Marks. Hepius, the Hepius logo, and other Hepius logos and product and service names are or may be trademarks of Hepius (the “Hepius Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Hepius Marks.
VIII. Hepius Websites.
All pages within Hepius’s websites and applications (the “Hepius Sites”) including, but not limited to, any website or mobile application content or pages dedicated to our telemedicine product (collectively, the “Telemedicine Site” and, together with the Hepius Sites, the “Sites”) and any material made available by Hepius for download are the property of Hepius, or its licensors or suppliers, as applicable. The Sites are protected by the United States and international copyright and trademark laws. The Contents of the Sites, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Sites may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Hepius. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Hepius Content or other proprietary information (including; images, text, page layout, or form) of Hepius without our express written consent.
The Telemedicine Site. The Services available through the Telemedicine Site may include a virtual waiting room (“Virtual Waiting Room”). Just like the waiting room in a physical office, anyone can enter your Virtual Waiting Room. As such, content posted on your Virtual Waiting Room is available to and can be viewed by anyone who enters. The Telemedicine Site may provide you with the ability to post content on and links to other sites through the Virtual Waiting Room. The content which you post on your Virtual Waiting Room and the links to other sites you make available on your Virtual Waiting Room is yours and yours alone. Provided that the content posted is not in violation of these Terms and Conditions, Hepius will not claim any rights or interests in such content. By posting such content or links, you agree to be solely responsible for such content and links and agree to defend, indemnify and hold Hepius harmless as provided in Section XV, below.
Provider Agreements and Other Content. If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Sites (“Provider Content”) or provide any Provider Content to patients or other consumers, (including but not limited to content post on or through links available on your Virtual Waiting Room), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is solely responsible for obtaining all necessary agreements and consents from and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Hepius that you have the legal right and authorization to upload all Provider Content on the Sites and any Provider Content posted to a Virtual Waiting Room. Except with respect to the Provider Content posted to a Virtual Waiting Room, Provider hereby grants Hepius a royalty-free, irrevocable, transferable right and license to use the Provider Content however Hepius desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Hepius is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you or anyone else any compensation for any Provider Content; or (3) to respond to any Provider Content. For purposes of clarity, provided that it does not violate Section VII above, Hepius does not claim any interest in or rights to Provider Content posted to a provider’s Virtual Waiting Room. Providers are solely responsible for Provider Content posted to Provider’s Virtual Waiting Room.
Hepius does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Sites. You grant Hepius 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 and shall remain solely responsible for the content of any Provider Content you post to the Sites or provide to patients or other consumers – including content posted to your Virtual Waiting Room. Hepius and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
You agree to defend, indemnify and hold Hepius harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Hepius arising out of any Provider Content you post or allow to be posted to the Sites or a Virtual Waiting Room.
Sites Access; Security and Restrictions. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; or (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 Site or any portion thereof without authorization, in violation of these Terms and Conditions or violation of applicable law.
If you are under 18 years of age, you may not access the Sites or use the Hepius Services.
Shared Security Responsibilities. The Telemedicine Site is meant to help transmit sensitive data and we have done our best to protect that data in our hands. But you are also a part of the solution so: use a strong password; do not share your login credentials; update your software regularly; install and use anti-virus and firewall software (but whitelist Hepius!); and do not use Hepius in a public place.
Individual Accounts and Abuse. In some instances, we may offer a free service as a benefit to the community. When you let other people share your account, delete your account and sign up again to get another 30 free days, or have your whole employee base on a free plan, you are taking advantage of the Hepius Services. If we think you are doing this, we may warn you. If you do not respond or change behavior, we will delete your account and prevent you from using our Sites and the Hepius Services again. If you have more than one (1) person, employee, or independent contractor in your organization that has accounts with us, you must be on an upgraded plan.
Termination of Account by the Provider. If you desire to terminate your account, you must log in to your account and delete it under account settings. Hepius will not delete your account by virtue of your email alone.
Accuracy and Integration of Information. Although Hepius attempts to ensure the integrity and accuracy of the Sites and the content on the Sites, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Sites and content thereon. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Hepius so that it can be corrected. Information contained on the Sites may be changed or updated without notice. Additionally, Hepius shall have no responsibility or liability for information or content posted to the Sites from any non-Hepius affiliated third party. This includes any information, content or links posted on a Provider’s Virtual Waiting Room.
IX. Confidential Information
“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the content you post to the Hepius Services, not including personal and health-related information; Hepius Confidential Information shall include the Hepius Services, customer feedback, and information relating to the performance, reliability, or stability of the Hepius Services, operation of the Hepius Services, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms and Conditions, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the
Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
X. Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you create using the Hepius Services. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better on the Hepius Services.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Hepius Claims No Ownership. The Hepius Services may provide you with the ability to create, post, or share content (“Your User Content”). Hepius claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Hepius Services. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Hepius Services, any right, title, or interest in or to such content delivered via the Hepius Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Hepius Services or otherwise have the right to grant the license set forth in these Terms and Conditions, (ii) the posting and use of Your User Content on or through the Hepius Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Hepius Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Hepius Services.
The Hepius Services contain content from users and other Hepius licensors. Except as provided within these Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Hepius Services.
XI. Copyright Policy
Let us know if you think a user has violated your copyright using the Hepius Services, or if you think someone incorrectly reported that you violated his or her copyright.
We disclaim any responsibility or liability for copyrighted materials posted on the Sites. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Hepius respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law, we will respond promptly to notices of alleged infringement that are reported to Hepius’s Designated Copyright Agent, identified below.
If you believe in good faith that materials posted on the Hepius Services infringe your copyright, you (or your agent) may send Hepius a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must comply with the following requirements:
- Identify the copyrighted works that you claim have been infringed;
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found;
- Provide your mailing address, telephone number, and, if available, email address;
- Include both of the following statements in the body of the Notice: “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 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.”
- Provide your full legal name and your electronic or physical signature; and
- Deliver this Notice, with all items completed, to our Copyright Agent:
Addis Ababa, Ethiopia, Hepius Medical Innovation PLC main office.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Hepius a counter-notice.
- Suggestions and Submissions
Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you.
Hepius appreciates hearing from its users and welcomes your comments regarding the Hepius Services. Please be advised, however, that Hepius does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While Hepius values your feedback on our services, clinical workflows, medical templates or other feedback with respect to the Hepius Services or Hepius Content (collectively, “Feedback”), please be specific in your comments and do not submit creative ideas. If, despite this request, you send Hepius creative ideas, Hepius shall:
- own, exclusively, all now known or later discovered rights to the Feedback;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and
- be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
For the avoidance of doubt, You shall, and hereby do, hereby irrevocably assign to Hepius Your entire right, title and interest in and to the Feedback without restriction.
- User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using the Hepius Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Hepius Services. Hepius does not endorse any, nor is it responsible for, User Content on the Hepius Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Hepius Services, try to break it, or steal our hard work.
You agree to use the Hepius Services only for its intended purpose and in an authorized manner. You must use the Hepius Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Hepius Services are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Hepius Services, user accounts, or the technology and equipment supporting the Hepius Services;
- frame or link to the Hepius Services without permission;
- use data mining, robots, or other data gathering devices on or through the Hepius Services, unless specifically allowed by these Terms and Conditions;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Hepius Services to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms and Conditions;
- use the Hepius Services in an illegal way or to commit an illegal act in relation to the Hepius Services or that otherwise results in fines, penalties, and other liability to Hepius or others; or
- access the Hepius Services from a jurisdiction where it is illegal or unauthorized.
XIV. Consequences of Violating These Terms and Conditions
If you do not act acceptably and responsibly, we may refuse to provide the Hepius Services to you.
We reserve the right to suspend or terminate your account and prevent access to the Hepius Services for any reason, at our discretion. We reserve the right to refuse to provide the Hepius Services to you in the future.
We may review and remove any User Content at any time for any reason, including for activity which, in our sole judgment: violates these Terms and Conditions; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Hepius Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and Conditions and your use of the Hepius Services.
XV. Hepius’s Liability
We are not liable for anything our users do when using the Hepius Services. We may also change the Hepius Services at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the Hepius Services or other websites.
Changes to the Hepius Services. We may change, suspend, or discontinue any aspect of the Hepius Services at any time, including hours of operation or availability of the Hepius Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Hepius Services, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the Hepius Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Hepius of all claims, demands, and damages in disputes among users of the Hepius Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Hepius Services.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Hepius Services, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-totext functionality, or the quality or nature of third-party products or services obtained through the Hepius Services. Use the Hepius Services at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Hepius Services.
Released Parties Defined. “Released Parties” includes Hepius and our affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Hepius Services at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE HEPIUS SERVICES IS AT
YOUR SOLE RISK, AND THE HEPIUS SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO
PRODUCTS OR (INCLUDING ANY AND ALL THIRD PARTY) SERVICES OFFERED BY BUSINESSES
LISTED ON THE HEPIUS SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO
WARRANTY THAT (I) THE HEPIUS SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE HEPIUS
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE HEPIUS SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE HEPIUS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HEPIUS
SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Hepius Services. If you use the Hepius Services in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE
TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEPIUS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR
THE INABILITY TO USE THE HEPIUS SERVICES OR THE HEPIUS CONTENT; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE HEPIUS SERVICES OR YOUR USE OF THE
HEPIUS CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE HEPIUS
SERVICES; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER
MATTER RELATING TO THE HEPIUS SERVICES, THE HEPIUS CONTENT, ANY THIRD PARTY
SOFTWARE OR SERIVCES, OR YOUR USE OF BROWSER EXTENSIONS. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THE HEPIUS SERVICES OR YOUR USE OF HEPIUS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED ETB 1,000.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Hepius Content or the use of the Hepius Services, (iii) any activity on the Hepius Services under your log-in credentials, or (iv) your breach of these Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XVI. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Hepius Services.
These Terms and Conditions and the relationship between you and Hepius shall be governed by the laws of the EFDRE. Any such arbitration, to the extent necessary, shall be conducted in Addis Ababa, Ethiopia. You covenant not to sue or bring any other legal action against Hepius in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Hepius Services, these Terms and Conditions or any other agreement with Hepius:
|||YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;|
|||YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND|
|||YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.|
XIX. Contact Information
If you have any questions about these Terms and Conditions or the Hepius Services, please visit our website to contact us.
Hepius Medical Innovation PLC