Effective Date: June 10, 2024
These Terms and Conditions ("Terms and Conditions") form a legal agreement between Transnational Care LLC service, and you, the individual ("you" and "your") concerning your access to and use of the various services offered through the Website www.rightbp.com ("Website"). Use of any of the Website constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.
By using the Website, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to the Website. Please print a copy of these Terms and Conditions for your records.
Transnational Care LLC may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Transnational Care LLC will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Website. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Website and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Website after such changes are posted you agree and consent to all such changes.
Transnational Care LLC is not an insurance provider nor are we a prescription fulfillment warehouse. Transnational Care LLC's role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. Transnational Care LLC is independent from healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. Transnational Care LLC does not engage in the practice of medicine or provide any other health services.
By registering on the Website, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Transnational Care LLC, (iii) the information you have provided to Transnational Care LLC in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Transnational Care LLC's or its vendors' security measures, (vii) if any information you provide to Transnational Care LLC becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Transnational Care LLC, (viii) you acknowledge that access to the healthcare services provided through the Website are not "insured services" under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Transnational Care LLC or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Website for yourself or a child under the age of eighteen for whom you are the legal guardian.
If you violate these Terms and Conditions, your ability to use the Website will be terminated. Transnational Care LLC may, in its sole discretion, terminate your access to the Website, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Transnational Care LLC may have available at law. Further, Transnational Care LLC shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
In using the Website you agree not to:
Transnational Care LLC is the sole and exclusive owner of the Website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and any related materials and documentation. No title or ownership of the Website or any portion thereof is transferred to you hereunder. Transnational Care LLC reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website.
You may provide input, comments or suggestions regarding the Website or Transnational Care LLC Services ("Feedback"). You acknowledge and agree that Transnational Care LLC may use any Feedback without any obligation to you and you hereby grant Transnational Care LLC a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Transnational Care LLC may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
The Website may contain links to third-party websites. Linked sites are not under the control of Transnational Care LLC, and Transnational Care LLC is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Transnational Care LLC endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Transnational Care LLC disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Transnational Care LLC. Any views expressed by third parties on the Website are solely the views of such third party and Transnational Care LLC assumes no responsibility for the accuracy or veracity of any statement made by such third party.
You agree to defend, indemnify and hold Transnational Care LLC, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Transnational Care LLC Party and collectively Transnational Care Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Transnational Care LLC of any other information or data and the use of same by Teladoc Health or other Teladoc Party as contemplated hereunder.
IN NO EVENT SHALL TRANSNATIONAL CARE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Transnational Care LLC shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Transnational Care LLC's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Transnational Care LLC disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Transnational Care LLC does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or other harmful components.
Transnational Care LLC makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website for a particular purpose. Transnational Care LLC assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Websiteis not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 13. Transnational Care LLC does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
These Terms and Conditions are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by Teladoc Health solely in accordance with these Terms and Conditions, and Transnational Care LLC's Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Transnational Care LLC in writing).
You agree that Transnational Care LLC has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with the Cookie Policy.
No delay or omission by Transnational Care LLC to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Transnational Care LLC must be in writing and signed by an authorized representative of Transnational Care LLC.
These Terms and Conditions constitute the entire agreement between you and Transnational Care LLC as it relates to the access to, and use of, the Website and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Transnational Care LLC and you.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Transnational Care LLC's prior written consent. Transnational Care LLC may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations*. Il est la volonté expresse des parties que les présentes Conditions d'utilisation et tous les documents qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.*
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Teladoc Health under the Terms and Conditions, please contact Teladoc Health using the following contact details:
Dr. Vibhu Dhawan
Transnational Care LLC.
2305 Dartmouth Bend Dr.
Ballwin, MO 63011
rightbp@gmail.com
Transnational Care LLC may provide notices or communications to you on the Website and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
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