Last Modified: December 7, 2022
IF YOU ARE (OR SOMEONE ELSE IS) Last Modified: December 7, 2022THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE SITE (AS DEFINED BELOW), THE WEB-BASED ELECTRONIC MEDICAL RECORDS (EMR), THE PATIENT COLLABORATION PLATFORM (CURRENTLY NAMED ‘HEALTH GUARDIAN’), ANY EXTENSION AND RELATED TECHNOLOGY, AND OTHER SERVICES (AS MORE FULLY DESCRIBED BELOW) MADE AVAILABLE TO YOU BY QUICKR INC. (“QUICKR”, “WE” OR “US”) (THE “SERVICE”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND QUICKR AND GOVERN YOUR ACCESS TO, AND USE OF, THE QUICKR WEBSITE AND WEB APPLICATION LOCATED AT WWW.QUICKR.HEALTH, APP.QUICKR.CARE, AND PATIENT.QUICKR.CARE, OR ANY OTHER QUICKR WEBSITE, SUBSITE OR WEB APPLICATION (COLLECTIVELY, THE “SITE”), AND ANY QUICKR PROVIDED EXTENSION TO WHICH THESE TERMS ARE INTENDED TO APPLY. ALL REFERENCES TO “SITE” INCLUDE ANY QUICKR SOFTWARE THAT QUICKR PROVIDES TO YOU, INCLUDING WITHOUT LIMITATION, IN AN EXTENSION OR WEB APPLICATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY CLICKING TO ACCEPT THESE TERMS OR BY USING THE SITE AND/OR SERVICE YOU SHALL BE DEEMED TO HAVE AGREED TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.YOU ARE ONLY PERMITTED TO USE THE SITE AND SERVICE TO THE EXTENT YOU HAVE BEEN GIVEN PERMISSION BY THE MEDICAL GROUP, COMPANY OR OTHER LEGAL ENTITY OR ORGANIZATION (COLLECTIVELY, THE “COMPANY”) ON WHOSE BEHALF YOU ACCESS AND USE THE SITE AND SERVICE AS AN ‘AUTHORIZED USER’ FOR PROFESSIONAL PURPOSES ON YOUR COMPANY’S BEHALF, INCLUDING INTERACTIONS WITH PATIENTS (“PATIENTS”), OR TO THE EXTENT THAT YOU ARE A PATIENT OF THE COMPANY THAT HAS A VALID WRITTEN AGREEMENT WITH QUICKR. IN ADDITION TO THESE TERMS, YOU ARE REQUIRED TO COMPLY WITH ANY INSTRUCTIONS, REQUIREMENTS OR POLICIES OF YOUR COMPANY IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICE TO THE EXTENT THEY DO NOT CONFLICT WITH THESE TERMS.THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH QUICKR GOVERNING THE COMPANY’S USE OF THE SITE AND SERVICE. IF YOU BREACH THESE TERMS, THEN IN ADDITION TO ANY RIGHTS AND REMEDIES AVAILABLE TO QUICKR, SUCH BREACH MAY ALSO HAVE CONSEQUENCES FOR THE COMPANY AND THE COMPANY MAY ALSO HAVE REMEDIES AGAINST YOU. IF WE TERMINATE YOUR USE OF THE SITE OR SERVICE BECAUSE YOU HAVE BREACHED THESE TERMS, WE WILL NOTIFY THE COMPANY AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION THAT THE COMPANY TAKES AGAINST YOU OR ANY OTHER CONSEQUENCES ARISING FROM YOUR BREACH OF THESE TERMS.QUICKR MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE AT ANY TIME. QUICKR CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR QUICKR ACCOUNT. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE AND THE SERVICE. IF INSTEAD, YOU CONTINUE TO USE THE SITE AND/OR THE SERVICE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.I. EligibilityThese Terms form a legally binding contract between you and Quickr. By using the Site and Service, you represent, acknowledge and agree that you are at least 18 years of age; the Site and Service are not intended for Company authorized users under the age of 18. Quickr may terminate these Terms and your use of the Site and Service if Quickr, in its sole discretion, believes that you are under the age of 18.II. Notice to PatientsThese Terms do not apply to Patient files. For information about your Patient file, please contact the Company and/or your healthcare professional. For information about how your Patient information is collected in connection with our health care management platform, see our Privacy Policy.III. Service FeaturesCertain features of the Service (collectively, the “Third Party Service Features”) permit you to access and use services and content which are provided by third party suppliers who have contracted with Quickr to permit such use. All references to “Service” in this Agreement include the Third Party Service Features except as otherwise expressly set forth in this Agreement. Quickr has been granted the right by its third party suppliers to enable you (or your Company) to access the Third Party Service Features; however, Quickr may be required to suspend and/or terminate use of a Third Party Service Feature at any time, to the extent required by the applicable third party supplier for any reason. Your use of certain Third Party Service Features may be subject to the third party supplier’s terms and conditions; any such terms will be provided to you (or your Company) when you (or your Company) access the relevant Third Party Service Feature for the first time. Such terms are solely between you (or your Company) and the third party supplier; Quickr has no control over such terms and they do not affect the terms of these Terms as between you and Quickr. Quickr does not monitor, review, edit or otherwise control content or other information provided through the Third Party Service Features and your use of such information is solely at your own risk and Quickr expressly disclaims any liability arising from your use of or reliance on such information or otherwise arising from any act or omission of Quickr’s third party suppliers.IV. Professional Responsibility of Healthcare ProfessionalYou acknowledge that the professional duty to the Patient in providing healthcare services lies solely with the healthcare professional providing patient care services. As between you and Quickr, you take full responsibility for the use of all information provided through the Service in providing patient care. Clinical information, if any, provided through the Service is intended as a supplement to, and not a substitute for, the knowledge, expertise and judgment of professional personnel. Quickr and its suppliers disclaim all liability for the use of any information or results provided by, or obtained through, the Service and used by professional personnel. Quickr and its suppliers are not liable for your actions which may result in any liability due to malpractice or failure to warn. Quickr and its suppliers provide no medical or other professional advice in connection with this Agreement, the Service and the information contained therein. You acknowledge that a licensed professional is responsible for independently reaching any medical or other professional judgment, and for any resulting diagnosis and treatments, notwithstanding any use of the Service by such professional. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate, or effective in any given patient.V. PrivacyYour use of the Site is subject to Quickr’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your use of all Patient information through the Service (including, without limitation, information contained in a Patient’s medical record, including, any clinical profile derived from such record (each, a “Record”)) is governed by the terms of your Company’s privacy policy and applicable privacy laws. As between Quickr and you, you are responsible for complying with your Company’s privacy practices and applicable privacy laws.VI. Use of Aggregate InformationWe may use usage patterns, trends and other statistical data derived from your use of the Site and/or Service for purposes of providing, operating, maintaining, or improving the Site and/or Service and for our advertising and marketing purposes. However, all such information will be aggregated and/or anonymized and we will never identify you nor disclose your personal information.VII. Healthcare Professional’s CommunicationsYou are solely responsible and liable for your communications with Patients and other persons or entities in connection with your use of the Service. Please be polite and respectful when communicating through the Service. You acknowledge and agree that Quickr does not control the content of user communications, and does not guarantee the accuracy, integrity, quality, reliability or suitability of such communications. Quickr does not pre-screen communications sent through the Service. By using any communications feature, you understand that you may be exposed to content that is offensive, indecent or objectionable, and your use of such features is solely at your own risk and Quickr has no responsibility or liability to you in connection therewith. Quickr is not responsible or liable for any aspect of the rQuickrship between you and any Patient or any other person or entity, including without limitation, medical advice or other information provided by you to any Patient or other person or entity. Any disputes between you (or your Company) and any Patient (or any other person or entity), whether arising from your use of the Service or otherwise, are solely a matter between you (or your Company) and the Patient (or any other person or entity); Quickr cannot become involved in such disputes. In addition, any dispute between you and your Company arising from your use of the Site and Service is solely a matter between you and your Company. VIII. Sharing Personal InformationPlease use your common sense and good judgment before you share your personal information, any Record or any other confidential information with any other person or entity through the Service. Quickr does not control whom you choose to share such information with and we have no liability or responsibility to you or any other person or entity to the extent you choose to make such information available through the Service.IX. MaterialsThe information, documents, content, data, products, services, logos, graphics, images, software, technology, and know-how made available to you on the Site and through the Service, except to the extent your Company or a Patient owns any health, personal or other confidential information contained in a Patient’s Record in accordance with applicable law, (together, the “Materials”) are the copyrighted and/or trademarked work of Quickr and/or its suppliers, or are otherwise subject to Quickr’s and/or its suppliers’ other intellectual property or other proprietary rights, including without limitation, patent and trade secret rights.Quickr grants you a limited, personal, revocable, non-sublicensable, non-transferable and non-exclusive license to access and use the Materials on your personal computer or mobile device solely as necessary to use the Site and Service for your professional use on your Company’s behalf in accordance with these Terms. Except for the license set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to download, cache, modify, edit, copy, display, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. Your use of Materials consisting of Quickr Software (as defined below) are subject to the additional terms set forth below.The limited license specified above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of such limited license, you agree to immediately destroy any downloaded or printed Materials.“Quickr” and “Health Guardian” are trademarks of Quickr in the United States of America. Other trademarks, names and logos on the Site or Service are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and all associated copyright and other proprietary rights are the sole property of Quickr. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or under a duly authorized license. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, Service or any Materials. All rights not expressly granted herein are reserved; there are no implied rights.X. Quickr SoftwareThe Service may require or allow you to download software, software updates or patches, extensions, or other utilities and tools onto your computer or mobile device (collectively “Quickr Software”). Subject to your compliance with these Terms, Quickr grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Quickr Software, in object code form only, solely for the purpose stated by Quickr at the time the Quickr Software is made available to you and in accordance with these Terms. Your use of the Quickr Software may also be subject to the terms of an end user license agreement. You may not sublicense, or charge others to use or access the Quickr Software. You may not translate, reverse engineer, reverse compile or decompile, disassemble, or otherwise attempt to discover the source code of the Quickr Software, or make derivative works from or of the Quickr Software. You may not modify the Quickr Software or use it in any way not expressly authorized in writing by Quickr. You understand that Quickr’s introduction of various technologies may not be consistent across all platforms and that the performance of the Quickr Software and Service may vary depending on your computer or mobile device. From time-to-time, Quickr may provide you with updates or modifications to the Quickr Software. You understand that certain updates and modifications may be required in order to continue using the Quickr Software and the Service. YOUR FAILURE TO INSTALL UPDATES MAY CAUSE THE QUICKR SOFTWARE AND/OR THE SERVICE TO SUFFER DEGRADED FUNCTIONALITY, FAIL TO PERFORM AS INTENDED OR CEASE WORKING ALTOGETHER. QUICKR WILL NOT BE RESPONSIBLE FOR ANY SUCH RESULTING OR CONSEQUENTIAL EFFECTS, LOSSES OR DAMAGES AND SUCH EFFECTS WILL NOT CONSTITUTE BREACH OF THESE TERMS OR GRANT YOU ANY RIGHTS OR REMEDIES AGAINST QUICKR. There is no set schedule for the provision of updates. Quickr and its suppliers expressly reserve ownership of all intellectual property rights applicable to the Quickr Software. All rights not expressly granted herein are reserved; there are no implied rights. The license granted to you in this paragraph shall immediately terminate (without any notice to you) if you breach any of the terms set forth in this paragraph or upon termination of your use of the Service for any reason.XI. Healthcare Professional’s Use of the ServiceIn order to use the Service, you must register with Quickr to open a Quickr account (a “Quickr Account”). In order to register, you must use the URL and invitation code contained in the Quickr-issued invitation email or text message that you received from your Company or Quickr.As part of the registration process, you must provide the following information to Quickr through the registration page on the Site: your full name, professional credentials information, email address, telephone number and zip code. We will ask you to create a password. You may also have the ability to provide additional optional information, which is not required to register for an Quickr Account but may be helpful to Quickr in providing you with a more customized experience when using the Site and Service. Once you have submitted your Quickr Account registration information, a Quickr administrator will have the right to approve or reject the requested registration in the Quickr administrator’s sole discretion. You are responsible for providing and maintaining truthful, accurate, complete and current information (including identity and professional credentials information) in connection with your Quickr Account.You are responsible for maintaining the confidentiality of your Quickr password and you are solely responsible for all activities that occur using your password. You agree not to share your password, let anyone else access your Quickr Account or do anything else that might jeopardize the security of your Quickr Account. You agree to promptly notify Quickr if your password is lost, stolen or disclosed to an unauthorized third party; if there is any unauthorized use of your password; or if you know of (or suspect) any other breach of security in relation to the Site or Service.By using the Service, you represent and warrant that all the information that you provide when registering for a Quickr Account is accurate and complete and that you will keep such information up to date. You may change or correct your account registration information by either logging into your Quickr Account directly or by contacting us at hello.quickr.us.XII. Electronic CommunicationsBy using the Site and Service, you consent to receive electronic communications from Quickr concerning or related to the Site and Service. These electronic communications are part of your relationship with Quickr. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.XIII. FeesAny fees payable to permit you to access and use the Service on the Company’s behalf will be paid by the Company to Quickr. Quickr will not charge you a fee to access and use the Service on your Company’s behalf. XIV. Unauthorized ActivitiesWhen using the Site and Service, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use abusive, threatening, violent, explicit or obscene language or solicit/post sexually explicit images (actual or simulated); (e) post or transmit any content or communications that exploit children or minors or that depicts cruelty to animals; (f) post or transmit any copyrighted or trademarked materials, or materials that constitute trade secrets, or are subject to patents or other intellectual property rights, without the express permission from the owner; (g) disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; (h) use any robot, spider, scraper or other automated means to access the Site or Service; or (i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third party service providers. This list of prohibitions provides examples and is not complete or exclusive.Quickr reserves the right to immediately terminate your use of the Site and Service with or without notice for any action of yours that we determine in our sole discretion, is inappropriate or disruptive to the Site or Service or to any other user of the Site or Service. If Quickr terminates your access to the Site and/or Service as a result of your breach of these Terms (and without limiting Quickr’s rights and remedies), we will inform your Company and this may have consequences on your relationship with your Company for which Quickr is not responsible or liable. You acknowledge that unauthorized use of any Materials contained on, or accessible from, the Site or Service may violate certain laws, rules and regulations.Quickr may report to law enforcement authorities, and its suppliers, any actions that may be illegal or otherwise in breach of these Terms, and any reports it receives of such conduct. When legally required or at Quickr’s discretion, Quickr will cooperate with law enforcement agencies and its suppliers in any investigation of alleged illegal activity involving the Site or Service.XV. Links to Third Party SitesThis Site may be linked to other websites (including, without limitation, your Company’s website) that are not Quickr sites (collectively, “Third Party Sites”). You acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or business practices than Quickr, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions and/or user guides which you hereby agree to comply with. We encourage you to review such third party policies and terms so that you understand your rights and obligations, and in the case of third party privacy policies, how such third parties collect, use and share your personal information.If Quickr provides links to Third Party Sites to you as a convenience, Quickr does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. We are not liable for any harm you suffer as a result of visiting or otherwise interacting with Third Party Sites; we do not endorse such Third Party Sites. You access Third Party Sites and use their content, products, and services entirely at your own risk. You should use your common sense and judgment, exercise reasonable caution and carry out your own due diligence before visiting Third Party Sites or using any products, services or content on such sites.YOU AGREE THAT QUICKR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, THE PRODUCTS, SERVICES, CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.XVI. Disclaimer of WarrantiesYour use of the Site, Service, Materials, any Record and any other information you obtain through the Site or Service is entirely at your own risk. The Materials and any Record have not been verified or authenticated in whole or in part by Quickr, and they may include inaccuracies or typographical or other errors. Quickr does not warrant the accuracy, appropriateness or timeliness of the Service, Materials, any Record, or other information contained on, or accessible from, the Site or through the Service. Quickr has no liability for any errors or omissions in the Site, Service, Materials, any Record or other information, whether provided by Quickr, a Patient or our suppliers.QUICKR, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HEREBY DISCLAIMS AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICE, MATERIALS, ANY RECORD OR OTHER INFORMATION, RELATING TO QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR OTHERWISE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE, MATERIALS, ANY RECORD AND ANY OTHER INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR SECURITY. QUICKR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE OR THAT MAY DAMAGE YOUR COMPUTER, MOBILE DEVICE OR DATA.YOU ACKNOWLEDGE THAT THE SERVICE ALLOWS YOU TO COMMUNICATE WITH CERTAIN THIRD PARTIES. QUICKR HAS NO LIABILITY TO THE EXTENT IT IS UNABLE TO PROVIDE ANY COMMUNICATION FEATURE OF THE SERVICE, OR FOR ANY HARM LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTS OR OMISSIONS ARISING FROM YOUR USE OF THE SERVICE. QUICKR SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT QUICKR’S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.XVII. Limitation of LiabilityQUICKR AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR CLAIMS RESULTING FROM YOUR USE OF THE SITE, SERVICE, MATERIALS, ANY RECORD OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE SITE, SERVICES, MATERIALS, ANY RECORD OR OTHER INFORMATION.IN NO EVENT SHALL QUICKR OR ITS SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF IT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL EXCLUDE OR LIMIT QUICKR’S OR ITS SUPPLIERS’ LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, QUICKR’S AND ITS SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.XVIII. LocationQuickr controls and operates the Site and provides the Service from its headquarters in the United States of America. The Site and Service are only intended for use by persons who are ordinarily resident in the United States of America.XIX. FeedbackIf you provide any comments, questions, recommendations, suggestions, or related information to Quickr by any means, concerning the Site, Service or Materials (collectively, “Feedback”), you hereby grant Quickr a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, distribute and otherwise exploit, without any attribution or compensation to you, any and all Feedback in connection with the Site and/or Service and/or Extension and/or any of Quickr’s other products or services; however, you have no right to compel any such use.XX. GeneralIf you violate these Terms, Quickr may terminate and/or suspend your access to this Site and Service without notice. These Terms will be governed by the laws of the State of Texas without regard to its conflicts of law provisions. Any law based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any dispute relating to these Terms will be heard exclusively in the state and federal courts located in Dallas, Texas; except that Quickr may seek to enforce a judgment, protect its intellectual property rights, or seek equitable relief (including without limitation, injunctive relief (without being required to post a bond)) in any court of competent jurisdiction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Quickr’s failure to enforce any of these Terms is not a waiver of such term. These Terms, (together with any other terms and conditions which govern your use of the Site, Service or Extension, in each case as provided to you by Quickr), are the entire agreement between you and Quickr and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Quickr about the Site and Service.XXI. TerminationYou may stop using the Site and Service at any time, by ceasing to access the Site or otherwise ceasing to use the Service. You may also terminate your Quickr Account by contacting us at hello@quickr.us. In addition to the termination rights set forth above in these Terms, Quickr may suspend or terminate your use of the Site, Service or any portion or feature thereof in accordance with the terms of the agreement between Quickr and your Company.All terms and conditions of these Terms which by their nature are intended to survive, will survive the termination of your use of the Site and Service, including without limitation, all terms which address the protection of Quickr’s and its suppliers’ intellectual property rights; disclaimer of warranties; limitations of liability; and your representations.XXII. Contact usIf you have any questions about these Terms or would otherwise like to contact Quickr for any reason, you can reach us by contacting us at hello@quickr.us or writing to us at Quickr Inc. 12983 Averi Ln, Farmers Branch, TX 75234. A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OUR EXTENSION, OR OUR MOBILE APPLICATION.
I. Introduction
This privacy policy (the "Privacy Policy") describes the types of information Quickr Inc. ("Quickr", "we", "our", or "us") may collect from you or that you may provide when you use the Quickr website, web application, or any Quickr created extension that serves to automate the flow of information between various systems (collectively, the "Platform"), whether accessed via website or web application (the “Service”). This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy does not apply to any website, extension, or application operated by third parties. Use of the Platform is governed by this Privacy Policy and our Terms of Use (for users of the Quickr website: www.quickr.health, for organizations using the Quickr application: app.quickr.care, for patients using the patient portal website: patient.quickr.care). This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with this Privacy Policy and our Terms of Use. If any term in this Privacy Policy is unacceptable to you, please do not use the Platform or provide any Personal Information (defined below). This Privacy Policy may change from time to time (see Revisions to Our Privacy Policy below) and your use of the Platform after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
This Privacy Policy does not apply to information collected by us offline or through any other means, or by any third party, including through any application or content that may link to or be accessible from or on the Platform. Also, you may be subject to different privacy policies or terms of use for other websites or applications.
Quickr is committed to protecting your privacy. We provide this Privacy Policy to explain the type of information we collect and to inform you of the specific practices and guidelines that protect the security and confidentiality of Personal Information, including protected health information ("PHI") that individually identifies you or others and that is subject to the Health Information Portability and Accountability Act of 1996, as amended.
II. Information We Collect About You and How We Collect It
Information About You and Your Health Care Treatment and Payment
We collect several types of information from and about users of our Platform, including both health care providers and their patients, as applicable, such as:
Information by which you may be personally identified, such as name, mailing address, email address, telephone number and account information, billing and collection information, information related to your insurance eligibility, or any other information collected on the Platform that is defined as personally identifiable information under applicable law ("Personal Information"). This is information that you provide directly to us or that is provided to us by a related third party, such as your doctor.
Clinical or patient information or data, including PHI or other health-related information. This includes information collected in connection with your use of the Platform that may be necessary for you to receive health care services, including previous doctors, applicable clinical history and condition, vital sign measurements and other clinical and health information, and any other information exchanged in emails, texts, chats, calls, or other communications between you and Quickr or the medical providers and their professional entities. For the avoidance of doubt, all such health-related information collected on the Quickr application is subject to the safeguards and protections of our Terms of Use, including those for privacy and security.
Information about your Internet connection, the equipment you use to access our Platform, and usage details.
Information about you that does not identify you individually, such as whether you are a current user, location or demographics, or information related to your inquiry or request.
Other information that you volunteer or that you provide in response to a specific request from us.
We collect this information:
Directly from you when you provide it to us.
From third-party intermediaries; for example, the physicians, medical professionals, and pharmacies with whom we partner to provide their patients with services.
Information You Give to Us
The information we collect on or through our Platform may include:
Information that we collect when you use our website or extension, or download our mobile application. Even without creating an account, we still collect from you some of the information described in the "Information We Collect About You and How We Collect It" section.
Information that you provide on our Platform, including information provided when you sign in or register for an account for the Platform or for Services provided by one of our affiliates or through communications with you through the Platform or as a result of any health care services.
Information to process or respond to your inquiries related to requests for treatment, payment, or customer service; and when you provide feedback on our Platform, including payment processing information that includes billing information, such as a name, address, email address, and payment card information. When you provide or update your payment processing information, we transmit the payment via an encrypted connection to a third-party credit card processor.
Records and copies of your correspondence (including email addresses) if you contact us, such as when you report a problem with our Platform or other Services.
Your search queries on the Platform.
Information We Collect About You
As with many other websites and applications, as you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Platform, including traffic data, location data, logs, language, date and time of access, frequency, and other communication data and the resources that you access and use on the Platform.
Information about your computer and Internet connection, including your IP address, operating system, host domain, and browser type.
Details of referring websites (e.g., URLs) or other referring sources.
The information we collect automatically includes statistical data and may also include Personal Information. We may also maintain it or associate it with Personal Information you provide to us or that we collect in other ways or receive from third parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:
Estimate how individuals access and use our Platform.
Store information about your preferences.
Speed up your searches.
Recognize you when you return to our Platform.
As with many other websites, extensions and applications, our Platform may use "cookies" or other technologies to help us deliver content specific to your interests, to process your requests, and/or to analyze your visiting patterns. We may collect information about your visit, including: the domain from which you access the Internet; IP address; operating system and information about the device or browser used when visiting the Platform; date and time of your visit; content you visited; general location; and website (such as google.com or bing.com) and website referral source (email notice or social media site) that connected you to the Platform. Our Platform uses two types of cookies: single-session (temporary) and multi-session (persistent). Temporary cookies last only as long as your web browser is open and are used for technical purposes, such as enabling better navigation through our Platform. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our Platform and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. Cookies, by themselves, will not be used by Quickr to disclose your individual identity. This information identifies your browser, but not you, to our servers when you use the Platform. We may also collect data by using "pixel tags," "web beacons," "clear GIFs," or similar means (collectively, "pixel tags") that allow us to know when you visit our Platform. Through pixel tags, we collect non-Personal Information or aggregate information that can be used to enhance your online experience and help us to understand traffic patterns.
Information We Receive From Other Sources
This is information we receive about you if you use any of the other websites we operate or other services we provide. We sometimes work with third parties, and they sometimes provide information about you. We obtain information from such third parties with whom we work to provide you with certain services (including, for example, sub-contractors, analytics providers, and search information providers, or third parties who share your information to provide your health care services, such as a medical provider including your information when they message or communicate with other medical providers or Quickr).
In addition, we may use third-party providers to serve or track interactions on other websites. You may link to or access our Platform using other third-party websites. Use of such third-party websites is subject to the terms of use and privacy policies of those third parties. Quickr does not control the use of this technology or the resulting information and is not responsible for any actions or policies of such third parties.
We may combine information we receive from other sources with information you give to us and information we collect about you. Depending on the types of information received, we will use the information received from other sources or the combined information for the purposes described in the "How We Use Your Information" section.
III. How We Use Your Information
We, or health care providers with respect to their patients, may use information collected about you, including Personal Information, in the following ways:
To complete any registration or other transactions or actions you request online, such as payment processing, including determining eligibility, use, and other benefits.
For treatment, payment, or health care operations purposes.
To communicate with you, including communications about our Services and products or other information, Services, and products, where such communications may include communications and messages via telephone, voicemail, email, fax, SMS text message, or communications within the Platform; any related fees from your mobile carrier or other service providers may apply to such contact and will be your sole responsibility, and you may customize your contact preferences by notifying us as provided in the Terms of Use or as directed in communications that you receive from us, such as by replying "STOP" to an SMS text message that you receive from us or by following an "unsubscribe" link in an email that you receive from us.
To contact you if you receive health care services resulting from your use of the Platform, such as to deliver communications from providers on the Platform from whom you receive health care services.
To administer your account, including processing your payments and fulfilling your orders, as may arise from your use of the Platform.
To operate the Platform and perform any Services associated with the Platform, including providing you with technical support and to improve the Platform and our products and Services.
To provide you with information that you have requested or to respond to your inquiries.
To create de-identified information that cannot be used to personally identify you, such as aggregate statistics relating to the use of our Service.
To measure or understand the effectiveness of communications (including advertising) that we send to you and others, and to deliver relevant communications to you and to provide you with communications from Quickr, surveys, newsletters, and other information.
To better understand our audience.
To enhance the safety, security, and performance of our products and Services. This includes verifying your identity, as well as preventing or detecting fraud or other unauthorized or illegal activities.
To design, develop, and communicate with you about our new features, products, opportunities and Services, or, subject to any consents or authorizations that are required by applicable law, those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.
To notify you about changes to our Services or the Platform.
To enforce this Privacy Policy and any other terms that you have agreed to, including to protect the rights, property, or safety of us or any other person, or the copyright-protected content of the Platform.
For any purpose where you have given your consent (where legally required).
To comply with applicable federal, state, and other laws and regulations.
IV. Disclosure of Your Information
We, or health care providers with respect to their patients, may disclose Personal Information that we collect or you provide as described in this Privacy Policy as follows:
For treatment, payment, or health care operations purposes.
To anyone authorized under this Privacy Policy or pursuant to any other consent or authorization that you may provide.
To service providers that assist us in the maintenance, improvement, and optimization of our Platform, such as service providers that help us run and maintain the technology and security infrastructure that support our Platform or that provide Services such as email delivery, auditing and similar services.
To medical providers, including without limitation, physicians, health care facilities, and organizations, pharmacies, and laboratories, that provide any services to you, including medical providers with whom you communicate and/or medical providers who review your information in providing health care services to you. If applicable to you, you acknowledge and agree that when medical providers provide services to you, the medical providers and all personnel of their professional entities may see any information you provide.
To our affiliates and their employees, including for the purpose of posting information or notifications about health care services in your account.
To fulfill the purpose for which you provide it. For example, if you sign up for certain Services, we may share your information in order to provide those Services.
To third-party credit card processors via an encrypted connection so that they can process any payments by you.
To any third parties we believe necessary or appropriate to comply with applicable laws.
For any other purpose disclosed by us when you provide the information or with your consent.
If we are under a duty to disclose or share your Personal Information in order to comply with applicable law.
If we are under a duty to disclose or share your Personal Information to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Quickr, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
With respect to de-identified information, for any purpose without restriction.
In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, Personal Information that you provide and other information concerning your relationship with us.
For any purpose related to our use of information as set forth in Section III.
V. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your information:
Tracking Technologies and Advertising
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Platform may then be inaccessible or may not function properly.
Do Not Track
We do not currently respond to "do not track" signals as we do not track our users across third-party websites.
Promotional Offers from Quickr, its affiliates, or third-party partners
If you do not wish to have your contact information used by Quickr to promote our own products or Services, you can unsubscribe by following the instructions at the bottom of any email you have received from us. If you are not able to unsubscribe through this method, please contact us and we can handle your request. You can also always exercise your right to ask us not to process your Personal Information for marketing purposes by contacting us at the address below.
VI. Data Security
We have implemented measures designed to reasonably secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. The information you share in public areas may be viewed by any user of the Platform.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to or from our Platform; any transmission is at your own risk.
When you use our Platform, there is a risk that any PHI will be stored unencrypted on your mobile device. We have implemented a variety of technical safeguards to make sure that PHI does not leak onto your mobile device, but we cannot guarantee that these safeguards will work as intended.
VII. Data Retention and Deletion
We retain the data we collect for different periods of time depending on what it is, how we use it, and what your stated preferences are:
Some data is deleted or anonymized automatically after a set period of time, such as connection data in server logs.
Some data is kept indefinitely, such as account information. This retention may be necessary while you are using certain aspects of the Platform or other Quickr Services. You may choose to have such data deleted by notifying us of this preference. Choosing to have certain data deleted may adversely affect your ability to use the Platform or other Quickr Services.
Some data we retain for longer periods of time when necessary for legitimate business or legal purposes, such as:
Security, fraud, and abuse prevention: We retain some data to protect you, other people, and Quickr from fraud, abuse, and unauthorized access.
Record-keeping: We retain some data for purposes such as accounting and dispute resolution.
Complying with legal or regulatory requirements: We retain some data to meet the requirements of any applicable law, regulation, legal process, or enforceable governmental request, or when needed to enforce applicable Terms of Use, including investigation of potential violations.
Ensuring the continuity of our Services: We retain some data to ensure continuity of service for you and other users. This may occur, for instance, when you have shared data with other people, such as when you have sent a message to someone else. In such instances, a request by you to delete such data may not eliminate any copies that are maintained by or on behalf of other people.
Direct communications with Quickr: If you have directly communicated with us, such as through a customer-support channel, feedback form, or bug report, we may retain reasonable records of those communications.
When data is deleted, we follow a deletion process to make sure that your data is safely and completely removed from our servers, or retained only in anonymized form. We try to ensure that our Services protect information from accidental or malicious deletion. Because of this, there may be delays between when the deletion process is initiated and when copies are deleted from our active and backup systems.
VIII. Third-Party Platforms
Our Platform may contain links or references to other websites outside of our control. Please be aware that this Privacy Policy does not apply to these websites. Quickr encourages you to read the privacy statements and terms and conditions of linked or referenced websites you enter. These third-party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit Personal Information. QUICKR DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.
IX. Children Under the Age of 13
We will not intentionally collect any Personal Information from children under the age of 13 through our Platform without receiving parental or other legal guardian consent. If you think that we have collected Personal Information from a child under the age of 13 through our Platform, please contact us.
X. Revisions to Our Privacy Policy
We reserve the right to change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. The date this Privacy Policy was last modified is identified at the top of the page. If we consider the changes to be significant, we will provide a more prominent notice (including, in certain instances, email notification of Privacy Policy changes). If you are using the Platform as part of or on behalf of an organization, we may, in our sole discretion, choose to provide this notice only to the administrator of your organization. You are responsible for periodically monitoring and reviewing any updates to the Privacy Policy. Your continued use of our Platform after such amendments will be deemed your acknowledgement of these changes to this Privacy Policy.
XI. Contact Information
If you have any questions or comments about this Privacy Policy and our privacy practices, please contact us as specified in our Terms of Use.