Terms, Conditions & Disclaimer

  • IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR PRIMARY CARE PROVIDER OR DIAL 911.

    BY CLICKING “AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS PATIENT AGREEMENT AND CONSENT, TERMS OF USE AND PRIVACY. IF YOU DO NOT AGREE TO THIS PROVIDER AND PATIENT AGREEMENT CONSENT, TERMS OF USE AND PRIVACY, PLEASE DO NOT CLICK THE BUTTON.

    African Diaspora Doctors is a non-profit organization that provides a platform where healthcare providers consult with patients using interactive video and technologies remotely, in which case both parties are not in same physical location. Please note the term “Doctors” refers to physicians, specialist, Nurse Practitioner and Physician Assistant. African Diaspora Doctors service is considered non-profit, listing/consultation services even if you continue to use the services for additional acute cases.

    Providers

    To be a doctor or healthcare provider using the Site (“Provider”) you must agree to comply with all laws, medical or other board rules, or other rules and regulamtions applicable to you as a healthcare provider or other professional using the Site. Your relationship with the African Diaspora Doctors' users (including your patients/clients) is directly between you and the patient. The patient will never have a physician-patient relationship with African Diaspora Doctors. African Diaspora Doctors does not practice medicine or any other licensed profession and offers no medical or other professional services. Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and African Diaspora Doctors shall have no liability whatsoever to Provider concerning any amounts owed by any patient or other consumers to Provider.

    Telemedicine/Telehealth involves the delivery of healthcare services using information technology, electronic communications, or other means between a medical provider and a patient who are not in the same physical location.

    Telemedicine/Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: Electronic transmission of medical records, photo images, personal health information or other data between a patient and a medical provider. Interactions between a patient and medical provider via audio, video and/or data communications.

    Providers on Afriican Diaspora Doctors (ADD) platform will communicate with patients using audio, video, text communication. The use of telemedicine/telehealth and other technology by our platform’s medical provider may have the following possible benefits: Ease and accessibility to medical care and treatment for acute conditions and some chronic conditions. Convenient interaction with medical professional without the necessity of an in-office appointment. Possible Risks: Just like in any case, benefits of our services are improved access to healthcare and convenience. However, as with any health service, there are potential risks associated with the use of telemedicine/telehealth which includes: -Information given may be insufficient for the medical professional to make accurate medical plan, treatment.

    Medical professionals registered on African Diaspora Doctors (ADD) platform may not be able to provide medical treatment for your particular condition and you may be asked to seek alternative healthcare or emergency care services. Lack of access to all of your health records may result in adverse drug interactions or other errors. Technology failure may impact our medical professional’s ability to correctly diagnose or treat your medical condition. The inability to obtain vital signs, or in-person assessment may prevent our medical professional from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.

    At African Diaspora Doctors we incorporate strong security protocols to protect the confidentiality of your health information, in some instances, security protocols can fail, causing a breach of confidentiality.  Your condition may not be cured or improved. There are potential risks to the use of telemedicine/telehealth and other technology, including but not limited to the risks described in this Agreement. You have the right to withdraw your consent to the use of telehealth and technology in the course of your care at any time, which you may exercise by providing written notice to African Diaspora Doctors. Any withdrawal of your consent will be effective upon receipt of the written notice described above, except that such withdrawal will not have any effect on any action taken by African Diaspora Doctors.

    By accepting this consent, you acknowledge that you understand and agree with the following: You understand that it is your duty to provide Diaspora Doctors and your medical professional truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare providers other than at African Diaspora Doctors. Our medical professionals on African Diaspora Doctors platform may share your health records with other health care providers for purposes relating to the provision, coordination or management of your healthcare so that we can meet your healthcare needs. This may include information relating to substance abuse, mental health, communicable diseases and other health conditions, subject to our terms.We may determine that our clinical services are not appropriate for some or all of your treatment needs and may elect not to provide clinical services to you through the Site.

    You acknowledge that some photographic or other images you submit to African Diaspora Doctors via the Service or otherwise, and that will be shared with healthcare professionals may include portions of all of your breast or genitalia, and you hereby agree to the receipt of such images by our medical professionals solely for the purposes of providing you medical care and treatment. You represent that (a) you have read this Agreement carefully, (b) you understand the risks and benefits of the use of telemedicine/telehealth and other technology, including the Service, in the medical care and treatment provided to you by registered Providers on Diaspora Doctors platform and (c) you have the legal capacity and authority to provide this consent for yourself.

    Electronic Transmission When you use any African Diaspora Doctors Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

    African Diaspora Doctors provides you with access to some aspects of your medical records which may include diagnosis, labs, medications and other health data gathered by Diaspora Doctors and information provided by you.

    African Diaspora Doctors reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms Termination. We may terminate your membership subscription, including your access to service, and this Agreement at any time, in our sole discretion.

    Terms of use You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by African Diaspora Doctors at any time with or without cause. You may not violate or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is 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 of Use or in violation of applicable law.

    Children’s Privacy

    African Diaspora Doctors service is available to adults 18 years and older only. African Diaspora Doctors will not provide service to anyone younger than 18 even if adult consent is provided.

    Indemnification

    IN NO EVENT SHALL AFRICAN DIASPORA DOCTORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE ANY TECHNOLOGY. AFRICAN DIASPORA DOCTORS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE OUR SERVICE.YOU AGREE TO YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT AGAINST AFRICAN DIASPORA DOCTORS FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OUR SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF AFRICAN DIASPORA DOCTORS TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).

    Governing Law; Dispute Resolution; Arbitration; No Class Actions

    Any dispute, claim or controversy arising out of or relating to these Terms, African Diaspora Doctors or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court.

    If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim ("Notice") to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or African Diaspora Doctors may commence an arbitration proceeding or file a claim in small claims court.

    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY DISPUTE ARISING OUT OF OR RELATED TO THE SERVICES OR ANY CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR SUCH DISPUTE WILL BE FOREVER BARRED.

    Small claims actions may be filed in the county in which you live. Arbitration hearings shall be held in Manatee County, Florida before one arbitrator, but you may choose to have the arbitration conducted by telephone or via written submissions. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.

    Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

    You also agree that African Diaspora Doctors may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of intellectual property rights.

    INFORMATION BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS PATIENT AUTHORIZATION or PROVIDER5 AUTHORIZATION. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO SIGNS ON YOUR BEHALF. IN THIS AUTHORIZATION, THE TERMS “I”, “MY” AND “YOU” REFER TO THE PERSON WHO IS CREATING A PATIENT ACCOUNT OR A PROVIDER ACCOUNT. Information Covered by this Authorization: The information and data covered by this authorization includes all information or data that you submit to African Diaspora Doctors or is collected on African Diaspora Doctors behalf in connection with your treatment by registered Providers on African Diaspora Doctors platform.

    Contact Information

    AFRICAN DIASPORA DOCTORS

    (ADD

    7901 4th St N STE 300

    St. Petersburg, FL  33702

    Email: privacy@africandiasporadoctors.org