Effective Date: November 1, 2022
These Terms and Conditions (“Terms and Conditions”) form a legal agreement between Aviyá Telemed and you, the individual (“you” and “your”) concerning your access to and use of the mobile application (as defined below). Use of the mobile application constitutes your acceptance of these Terms and Conditions.
Aviyá Telemed on its own behalf operates a mobile application that facilitates your access to telemedicine. The mobile application requires you to create an account in order to use the platform.
By using the mobile application, 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 mobile application.
Modifications to these terms and conditions
Aviyá Telemed 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, Aviyá Telemed will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions. The amended Terms and Conditions will appear when the mobile application is accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the mobile application. 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 mobile application 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 mobile application after such changes are posted you agree and consent to all such changes.
Access to the mobile application
You may access and use the mobile application via remote access connectivity. Aviyá Telemed grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the mobile application in accordance with these Terms and Conditions. In order to use the mobile application, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the mobile application and you must not disclose this information to anyone. You must immediately notify Aviyá Telemed of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the mobile application by email to privacy@Aviyátelemed.com.
Aviyá Telemed’s role
Aviyá Telemed is not an insurance provider nor are we a prescription fulfillment warehouse. Aviyá Telemed’s role is limited to facilitation of your access to telemedicine and expert medical services. Aviyá Telemed 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. Aviyá Telemed does not engage in the practice of medicine or provide any other health services.
Your representations and warranties
By registering on the mobile application, 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 Aviyá Telemed, (iii) the information you have provided to Aviyá Telemed in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the mobile application, (v) you will not interfere with a third party’s use and enjoyment of the mobile application, (vi) you will not interfere with or disrupt Aviyá Telemed’s or its vendors’ security measures, (vii) if any information you provide to Aviyá Telemed becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Aviyá Telemed, (viii) you acknowledge that access to the healthcare services provided through the mobile application 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 Aviyá Telemed or its representatives that such healthcare services will be made available to you, and (x) you are accessing the mobile application 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 mobile application will be terminated. Aviyá Telemed may, in its sole discretion, terminate your access to the mobile application, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Aviyá Telemed may have available at law. Further, Aviyá Telemed 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 mobile application. Upon any termination of these Terms and Conditions you must immediately cease use of the mobile application. 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 mobile application, you agree not to:
- Send or otherwise transmit to or through the mobile application: any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the mobile application or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Restrict or inhibit any person from using the mobile application, disclose personal information obtained from the mobile application or collect information about users of the mobile application
- Reverse engineer, disassemble or decompile any section or technology on the mobile application, or attempt to do any of the foregoing;
- Gain unauthorized access to the mobile application, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the mobile application;
- Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the mobile application in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through the mobile application chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through the mobile application;
- Allow any other person to use the mobile application with your registration or login information;
- Breach or otherwise circumvent Aviyá Telemed’s security or authentication measures; and
- Assist or permit any persons in engaging in any of the activities described above.
Intellectual property rights and content
Aviyá Telemed is the sole and exclusive owner of the mobile application, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the mobile application and any related materials and documentation. No title or ownership of the mobile application or any portion thereof is transferred to you hereunder. Aviyá Telemed 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 mobile application.
You may provide input, comments or suggestions regarding the mobile application or Aviyá Telemed Services (“Feedback”). You acknowledge and agree that Aviyá Telemed may use any Feedback without any obligation to you and you hereby grant Aviyá Telemed a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Aviyá Telemed may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
The mobile application may contain links to third-party websites. Linked sites are not under the control of Aviyá Telemed, and Aviyá Telemed is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Aviyá Telemed 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. Aviyá Telemed disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Aviyá Telemed assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Indemnification and limitation of liability
You agree to defend, indemnify and hold Aviyá Telemed, its officers, directors, employees, shareholders, affiliates, third-party contractors, licensors and suppliers (each a Aviyá Telemed Party and collectively Aviyá Telemed 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 mobile application; and (c) provision of other disclosure to Aviyá Telemed of any other information or data and the use of same by Aviyá Telemed or other Aviyá Telemed Party as contemplated hereunder.
IN NO EVENT SHALL Aviyá Telemed 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 MOBILE APPLICATION OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aviyá Telemed shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Aviyá Telemed’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 mobile application is 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, Aviyá Telemed 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. Aviyá Telemed does not warrant that the mobile application will be uninterrupted or error-free, that defects will be corrected or that the mobile application or the server that makes it available are free of viruses or other harmful components.
Aviyá Telemed makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the mobile application for a particular purpose. Aviyá Telemed 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 mobile application.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The mobile application is not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the mobile application at any time or in any manner. By using the mobile application, you affirm that you are over the age of 18. Aviyá Telemed does not seek through the mobile application to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.
No delay or omission by Aviyá Telemed 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 Aviyá Telemed must be in writing and signed by an authorized representative of Aviyá Telemed.
These Terms and Conditions constitute the entire agreement between you and Aviyá Telemed as it relates to the access to, and use of the mobile application and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Aviyá Telemed 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 Aviyá Telemed’s prior written consent. Aviyá Telemed 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.
Contact / Notices
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with Aviyá Telemed under the Terms and Conditions, please contact Aviyá Telemed using the following contact details:
2065 S. Center Rd. Ste H.
Burton, MI 48519