- ABOUT THE SITE
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, or organization (collectively, “Healthcare Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Solutions and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SOLUTIONS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SOLUTIONS.
- WE DO NOT PROVIDE MEDICAL ADVICE
The Content that you obtain or receive from Intermedika, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Solutions, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via Intermedika, and Intermedika advertising, comes from independent healthcare professionals and organizations and is for informational purposes only.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SOLUTIONS FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SOLUTIONS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Solutions. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your country’s medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
- NO DOCTOR-PATIENT RELATIONSHIP
DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SOLUTIONS TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SOLUTIONS OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SOLUTIONS OR THROUGH ANY OTHER COMMUNICATIONS FROM INTERMEDIKA INCLUDING, WITHOUT LIMITATION, THE “SEARCH” FEATURE, INTERMEDIKA OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
Intermedika encourages Healthcare Providers to use the Solutions responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site or Solutions whatsoever.
- AUTHORISATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS
In connection with using the Site and the Solutions to locate and schedule appointments with Healthcare Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.
Intermedika makes reasonable efforts to ensure that Healthcare Providers only participate in the Solutions if they hold all active licenses required by law to practice the specialties of the Solutions offered by them, and are not excluded from participation in any prevailing state-level insurance programs. Intermedika may exclude Healthcare Providers who, in Intermedika’s discretion, have engaged in inappropriate or unprofessional conduct.
To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Solutions, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Intermedika users, and past experience of Intermedika users with Healthcare Providers). Note that Intermedika (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare Solutions they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Solutions.
- THE SOLUTIONS AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES
The Solutions are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Solutions that is reviewed by our editorial personnel. No party (including Intermedika) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Healthcare Provider Content:
Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Intermedika provides any advice or qualification certification about any particular Healthcare Provider.
The procedures, products, Solutions and devices discussed and/or marketed through the Solutions are not applicable to all individuals, patients or all clinical situations. Any procedures, products, Solutions or devices represented through the Solutions by advertisers, sponsors, and other participants of the Solutions, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
The insurance and insurance related Content (including, without limitation, insurance coverage Content) (“Insurance Content”) may be intended for general reference purposes and for your convenience only. Such Insurance Content may be based on Personal Information (as defined below) you provide to us as well as Healthcare Provider Content. Insurance Content can change frequently and may become out of date, incomplete or inaccurate. To make this Content as accurate as possible, you agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide). Although Intermedika strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete or outdated Insurance Content, and you are responsible for complying with subparts (a) and (b) hereof.
- YOUR PERSONAL INFORMATION
Protecting patient privacy and keeping your information secure are among our biggest priorities. This section will help you understand what information we ask for and why.
To create a Intermedika account, you must provide a few pieces of basic information about yourself. When you book an appointment through Intermedika, we pass along this information to your Healthcare Provider on your behalf.
If you wish to benefit from other Solutions we provide, you can choose to share additional information with Intermedika. This may include, without limitation, your name, address, contact information, insurance information, medical history and current medical needs, and other information (collectively, “Personal Information”).
- YOUR RESPONSIBILITIES
7.1 Your Account Credentials
When you create a Intermedika account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to privacy@Intermedika.com.
7.2 Your Responsibilities Generally
The Solutions are free, but you are still responsible for your healthcare expenses. Usual, customary and any other charges for any medical or related Solutions rendered by Healthcare Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for all use of the Solutions and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Solutions for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Solutions. You may not attempt to gain unauthorised access to any of the Solutions, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Solutions (including, without limitation, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
7.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Intermedika or whether you schedule or intend to schedule appointments through the Site, you acknowledge and agree that:
(a) You will not use the Solutions to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
(b) You will not use the Solutions to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
(c) You will not use the Solutions, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
- CHANGES TO THE SOLUTIONS; NEW SOLUTIONS
Changes to the Solutions; New Solutions
We may from time to time add new features to the Solutions, substitute a new service for one of the existing Solutions, or discontinue or suspend one of the existing Solutions. Under no circumstances will Intermedika be liable for any suspension or discontinuation of any of the Solutions or portion thereof, and the use of new Solutions will be governed by this Agreement.
- LINKS TO OTHER WEBSITES
While using the Solutions, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and Solutions they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
- YOUR USE OF CONTENT
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Solutions and any underlying technology or software used in connection with the Solutions contain Intermedika’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Solutions. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site or Solutions in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Intermedika nor its suppliers grant you any express or implied rights, and all rights in the Site and the Solutions not expressly granted by Intermedika to you are retained by Intermedika.
We created Intermedika to empower people to live better lives anytime and anywhere. While we endeavour to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Solutions, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of Solutions or products offered or purchased through the Site and/or the Solutions. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SOLUTIONS “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SOLUTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SOLUTIONS AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SOLUTIONS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOLUTIONS WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOLUTIONS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SOLUTIONS OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SOLUTIONS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INTERMEDIKA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SOLUTIONS OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. INTERMEDIKA DOES NOT WARRANT THAT THE SITE OR THE SOLUTIONS WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SOLUTIONS, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
- GENERAL LIMITATION OF LIABILITY
WHILE WE’RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN EXCELLENT EXPERIENCE WITH INTERMEDIKA, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SOLUTIONS OR THE SITE, REGARDLESS OF THE FORM OF ACTION.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SOLUTIONS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILISED THROUGH USE OF THE SOLUTIONS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
15.1 Electronic Contracting; Copyright Dispute
15.3 Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights
We hope that we can work out any disagreements you might have with Intermedika. But if there is a dispute that needs to be further resolved, that process will take place according to this section. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Republic of Singapore as applied to contracts made and to be performed entirely within Singapore, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SOLUTIONS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) RULES. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
15.4 Entire Agreement
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.