Terms and Conditions

Terms of Use of PS3G / DocVilla Site and Applications

Effective: August 28, 2018

PLEASE READ THESE TERMS OF USE (AGREEMENT or TERMS AND CONDITIONS) CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS, OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY TO US. THESE TERMS ALSO REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE THE DISPUTES. BY USING THE SERVICES DESCRIBED BELOW, CLICKING A BOX INDICATING ACCEPTANCE, OR EXECUTING AN ORDER FORM OR SUBSCRIPTION AGREEMENT REFERENCING THESE TERMS OF SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT SUBSCRIBE TO, ACCESS, OR USE THE SERVICE.

PS3G Inc. (“Company “or “We” or “PS3G”) and its affiliates welcome you for using this service.  These Terms of Use are a legally binding agreement between you and PS3G and govern your use of our online, digital, or mobile services, including our websites, software, applications and any of our other products and services including healthcare applications/platforms in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Site” or “Service”).

Certain aspects of the Service may be subject to additional terms and conditions.  When additional terms are made available in connection with any aspect of the Service, those additional terms would apply to your use of the Service.  You also agree and give consent to our collection and use of your information as described in our Privacy Policy . Please ensure that you read agree with our Disclaimer and Notice of Non Discrimination. If you do not wish to be bound by these Terms of use or Additional Terms, please do not access or use the Service.

By using the Site, you accept and agree to be bound and abide by these terms of use and our Privacy Policy.  We may update the contents on this site from time to time, but its content may not always be complete or up-to-date and we are under no obligation to update such material.  We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. We may notify you of modified terms or policies by posting them on the Service and you agree that your continued use of the Service after such notice of any change will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use including the changes. Please print a copy of these Terms and Conditions for your records.

2 Consent and Acknowledgements

a. Providers/Medical Practices/Customers (EHR, telemedicine, eRx, Portals, Applications, etc.) Consent and Acknowledgement

DocVilla offers a comprehensive suite of health-technology solutions designed for healthcare providers and patients, including Electronic Health Records (EHR), Telemedicine, ePrescriptions, Patient Engagement Portals, and more. Our services facilitate the management of healthcare processes, enhancing the quality of care delivered to patients. Users of DocVilla’s services are expected to use the services responsibly and ethically, in compliance with all applicable laws and regulations. This includes maintaining the confidentiality of account information and ensuring the security of personal and healthcare data. Customer may not make the Service available to anyone other than its employees and contractors and will do so solely to access the Service for the benefit of Customer in compliance with the terms of these Terms of Service. Customer is responsible for the compliance with these Terms of Service by its employees and contractors. Customer is solely responsible for Customer Information including, must use commercially reasonable efforts to prevent unauthorized access to the Service, must notify DocVilla promptly of any known unauthorized access, and may use the Service only in accordance with its intended purposes and applicable law. Customer grants DocVilla a non-exclusive, royalty-free, license to modify, store, transmit, and otherwise use the Customer Information for purposes of DocVilla performing under these Terms of Service.

b. Patient (EHR, Portal, Telemedicine, etc) Consent and Acknowledgements

You agree to receive this health care service provided by health care practitioner(s), affiliated with DocVilla platform (developed, maintained, managed, released, operated by PS3G Inc.). As an EHR and telemedicine service you understand that the health care practitioner providing the identified services to you and utilizing the DocVilla EHR Telemedicine software maybe located remote from your location using interactive audio, video or with the aid of digital images of your condition.  You also agree and authorize your health care practitioner to release information regarding the consult and your health records to PS3G Inc.  The scope of care will be at the sole discretion of the health care practitioner treating you with no guarantee of diagnosis, treatment or prescription.  The health care practitioner will determine whether or not the condition being diagnosed and/or treated is appropriate for telemedicine encounter via the Software Application or requires in-person visit. While all health care practitioners who utilize the DocVilla EHR strive to respond within acceptable timeframe, PS3G will not be responsible for any delays in treatment if the health care practitioner does not respond within that or any other time frame.

You understand that this service should not be used for a medical emergency and that if you are experiencing a medical emergency you should call 911 or seek emergency medical help.

You have the right to withdraw your consent to the use of DocVilla EHR in the course of your care at any time. You may have to travel to see a health care practitioner in person for certain diagnosis and treatment matters or if yours insurance or doctor so requires. By accepting these Terms & Conditions, you hereby consent to participate in the telemedicine visit with your selected health care practitioner using the Site.

PS3G does not provide physicians or other providers’ services. They are independent of PS3G and use the Service as a platform to communicate with you. Any information or advice given by them is theirs only and not from PS3G. Yours interaction with them using the Service is not the substitute of your relationship with your regular health care practitioners. Neither PS3G nor any of its subsidiaries or affiliates or any third party, who may promote the Service, shall be liable for any professional advice obtained from the health care provider or for any other information obtained on the website. PS3G does not endorse any specific tests, physicians, medications, products or procedures that are recommended by the providers. You acknowledge that your reliance on any healthcare providers via the Service is solely at your own risk and you assume the full responsibility for all risks associated with it. You also acknowledge that the provider is not obligated to accept you as a patient and your participation in the program could be cancelled anytime without any further recourse. Further PS3G does not make any representations or warranties about the training, skill or active medical license and valid board certification of any healthcare providers who provide services using its platform. You will be provided with a list of available providers located in the U. S. for your information and you will be responsible for choosing your particular healthcare provider.

3  Disclaimer

The contents of the Site or Service are provided on ‘as is, where is’ basis.  Although we make all reasonable efforts to provide you accurate information and contents yet we make no claim, endorsement or warranty, directly or implied that such contents are appropriate, complete and relevant for any particular purpose.  We may establish links between our website and other websites operated by third parties.  We have no control over the services offered by these third parties.  Accordingly, we encourage users to read the privacy statements of each and every Site that collects your information.  We do not guarantee or warrant that files available for downloading from the website will be free from viruses and the Sites will be uninterrupted or error free.  It is your responsibility to adopt measures to counter such viruses.  PS3G Inc. will not be responsible for any damage to the device or loss of data by use of the Application. We disclaim all warranties of any kind whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, accuracy or fitness for any specific purpose.

4 Representations and Warranties

By registering on the secure portals you represent and warrant that you are at least eighteen years of age and are entitled to enter into this Agreement with PS3G. If you are under eighteen years of age then you warrant that you are registering under the supervision and consent of your parent or guardian. The information provided by you at the time of registration is complete and accurate and you will comply with all the terms conditions applicable for using the secure portals. Although PS3G attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Contents. It is possible that the Site may have some unintentional typographical or some other errors like unauthorized additions, deletions and alterations could be made to the Site by third parties. If you come across any such inaccuracy, please inform PS3G so that it can be corrected.

All information provided by PS3G including the communications with PS3G medical experts is  for information only and is in no way intended to create a physician – patient relationship as defined by state and federal law. The site and services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the site, whether provided by PS3G, its content providers, medical experts, clients, visitors etc. is solely at your own risk.

5 Access Rights

Subject to your compliance with these Terms of Use, payment of any applicable fees, PS3G hereby grants to you a limited, non-exclusive, non-transferable right to access the Application (Service or Site) solely for your personal, non-commercial use as permitted under the agreements you have entered into with us.  Further you will not interfere or disrupt any of our security measures.  We reserve the right, in our sole discretion to deny, suspend or terminate anyone’s use of the Application and Service if you violate these Terms and Conditions. You agree that you will not, and will not attempt to: (a) use the Site and Application to violate any local, state, national or international law of any kind, criminal or civil; (b) reverse engineer, disassemble, decompile, or translate any software or other components of the Site and Application; (c) distribute viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or other harmful software or computer code through the application, (d) communicate any harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit or pornographic, or otherwise objectionable material of any sort, or (e) otherwise use the Site or Service in any manner that exceeds the scope of use granted above.

6 Fees and Purchase Terms

 Use of some Services requires payment. You agree to pay all fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. The provider reserves the right to charge you for the full amount in case of no-show. By providing PS3G with your credit card number and related payment information, you agree that PS3G is authorized to immediately invoice your account, all fees and charges due and payable to PS3G Inc. hereunder and that no additional notice or consent is required. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall either (i) furnish in writing to us a valid credit card account number, or (ii) make payment to us by other mode such as cashier’s check etc. PS3G Inc. reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

All payment transactions are administered by a third-party payment processor or third-party store (for example, Stripe). PS3G expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. PS3G Inc. is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, complete and updated.

7    Registration on Secure Portal / User Account & Responsibilities

Some portions of our Sites, Application or platform can be used only by our members. The password protected portions of the Sites are referred to as the secure portal. This secure portal allows you to access medical consultation services (Services) virtually. Through the secure portal, application you can access your Personal Information (PI) whether submitted by you or generated as a result of your use of the Services. Details of collection, use and disclosure of PI is described in our Privacy Policy. When you register on the Site or Service, you will be required to create an Account by entering your name, email and password along with some more information. You further agree that the details provided by you in connection with creation of the Account are about yourself and that such details provided by you are correct, complete and updated.

You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree to exit from your secure account at the end of each session. You also agree that PS3G will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that PS3G cannot guarantee its protection from unauthorized access. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page. PS3G may require you to change your Account username and password..

You further agree that PS3G has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content.  You also agree that PS3G may report your conduct and activity to the law enforcement authorities and take appropriate legal action against you.  By accepting these terms, you waive any claims resulting, directly or indirectly, from any action taken by PS3G as a result of these investigations.

8 Use of Email (or other form for electronic communication) for sending and receiving Personal Information

 PS3G offers patients the opportunity to receive Personal Information including medical history, diagnosis and treatment by e-mail (including text messages and other forms of electronic communication). Transmitting patient information by e-mail (including text messages or other forms of electronic communication), however, has a number of risks that patients should consider before using e-mail. We will use reasonable means to protect the security and confidentiality of e-mail information sent and received. However, PS3G Inc. cannot guarantee the security and confidentiality of e-mail communication and will not be liable for improper use and/or disclosure of confidential information as it is not caused by intentional misconduct. It is your responsibility to inform the PS3G Inc. of any types of information that you do not want to be sent by e-mail. Further it is also your responsibility to protect your password or other means of access to e-mail.  PS3G Inc. is not liable for breaches of confidentiality caused by you or any third party. You acknowledge that you have read and fully understand the risks associated with the communication of e-mail between the PS3G/ Site/Platform/Application/DocVilla and you. You also agree to our Terms of Use and the Privacy Policy and give your consent for the use of emails to send and receive medication information. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice and other communications be in writing.

PS3G Inc. does not advertise or provide commercial sponsorship for the products, goods, or services of any third party and has no such financial arrangement. However, we will send important updates about the Sites as well as notifications including consulting appointments to our registered members by email. We will also use email address to send general information about the Services available through PS3G. In some instances, but not all, you will be able to opt out of receiving emails. PS3G does not sell your email address to third parties.

9 Communication Device

PS3G may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are solely responsible for all charges from your service provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from PS3G.  PS3G does not guarantee that the Apps will be compatible with your device. PS3G may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time. If you download or use any software, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, and are not listed on any U.S. Government list of prohibited or restricted parties.

The additional terms in this Section apply only to your use of Apps downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”). You agree that this Agreement is solely between you and PS3G, not Apple, and that Apple is not responsible for iTunes Apps or their content. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with iTunes Apps. You will not involve Apple in any claims relating to your use of iTunes Apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes Apps. You agree to comply with all third-party agreements in connection with your use of iTunes Apps.

10 External Links and Third Party Services

The Sites may contain some links to third-party websites. Linked sites are not under the control of PS3G Inc. and we are not responsible for the content of any linked site. Links are provided as a convenience only and a link does not imply that PS3G endorses, sponsors, or is affiliated with the linked site. PS3G Inc. disclaims any and all liability for any medical and health treatment information set forth on linked sites.   PS3G is not responsible for the accuracy, reliability, legality or security of the Third Party Services.  Your dealings with Third Party Services are entirely between you and the concerned Third Party Services. To know more about the terms and conditions of the Third Party Services you may consult their privacy policies.

11 Intellectual Property Rights

All contents on the Sites including the design, layout etc. are owned and copyrighted by PS3G Inc. or its suppliers or vendors, and are protected by all applicable intellectual property laws. You are authorized only to view the site and content and not to alter, obscure, or remove any of the material. You must not produce, distribute, modify, publicly display, republish, download, store, or transmit any of the material while using our service and site without our prior consent. However, you may print or download one copy for your personal/non-commercial use or for exploring relationship with the company and not further production, publication or distribution.  If you believe that any material on the Service infringes your copyright rights, you may bring it to our notice with all details and justification for redressal of your grievance.

12 Limitation of Liability

PS3G AND ITS AFFILIATES OR THEIR SERVICE PROVIDERS, EMPLOYEES, OFFICERS OR DIRECTOR’S DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICE AND THE APPLICATION.  SOME JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  IN NO EVENT WILL PS3G’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO PS3G IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR A MAXIMUM OF FIFTY DOLLARS ($50) WHICHEVER IS LESS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PS3G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13 Indemnity

You agree to indemnify and hold harmless PS3G and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfil any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

14 Waiver

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

15   Force Majeure

PS3G will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

16 Dispute Resolution and Governing law

In case a dispute arises between you and us, you agree to send us a complaint via email so that the parties may make an attempt to resolve the dispute within 50 days from the date of receipt of your complaint.

All matters relating to this Site or Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this application and website shall be instituted exclusively in the state or federal courts located in the City of Wilmington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any dispute or claim relating to it will be preferred through arbitration rather than in the court.

17 Contact Us

You may contact us at the address mentioned below for any specific request or any enquiry.

PS3G Inc.

1201 N Market St. Ste 111

Wilmington, DE 19801

Office : 302-298-0270

Fax : 302-298-0271

Email : support@DocVilla.com