Terms and Conditions
Last Updated: April 4, 2019
GOKULTEL TERMS & CONDITIONS
Use of the Website and App
Areas of Operation and Restrictions
Our Service is currently only available to individuals located in the following states:
while utilizing the Service (“States Where We Operate”). Health care providers providing Services through the Site are licensed to practice in the states in which they treat patients or whether the patients reside. You may only use the App from a mobile phone located in the States Where We Operate. Gokultel makes no representation that the App is appropriate or available for use in locations outside the States Where We Operate.
Consent to Telehealth Services
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, (i) Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; (ii) Interactions between a patient and health care provider via two-way audio and video communications, and other data communications; and (iii) use of output data from medical devices, sound, and video files. Patient to practitioner encounters will be conducted using two-way audio and video communications.
The electronic systems used in the Gokultel Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Your Relationship with Gokultel
Gokultel provides a platform for you to consult with a health care provider and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a health care provider through the Service, you are not entering into a provider-patient relationship with Gokultel.
THIS SERVICE ENABLES COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Thus, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Gokultel strongly encourages you to provide all relevant information and discuss all diagnosis and
treatment options with a health care provider. Moreover, a health care provider utilizing Gokultel may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
Website and App Content
Other than the personalized content we send you through an in-Site message, you should not consider Content on the Site to be medical advice.
User Registration and Accounts
You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. Creating more than one account substantially limits our ability to provide appropriate care. Gokultel explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
Subscription Plans and Renewal
You may cancel your subscription at any time. If you do not cancel your subscription before the end of the then-existing subscription period, then your subscription will automatically renew on a monthly basis and Gokultel will bill you for, and you must pay for, the subsequent monthly subscription period. If you cancel your subscription prior to the end of the then-existing monthly subscription period, then your right to access and use the subscription-only pages of the Site and the App, as applicable, may continue through the end of said then-existing monthly subscription period.
Devices and Modification (a/k/a “Jailbreaking”)
Access Rights and Prohibited Activities
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Gokultel shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Gokultel via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks”) of Gokultel or other entities. You are not authorized to use any such Marks without the express written permission of Gokultel. Ownership of all such Marks and the goodwill associated therewith remains with us.
Disclaimer of Warranties and Limitations of Liability
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOKULTEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GOKULTEL OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
By using the Gokultel pharmacy network (i.e., third party pharmacies with whom we partner), you acknowledge that your medication, if approved, will not be shipped in child resistant packaging and that you must keep it out of the reach of children.
Governing Law, Venue and Provision Severability
Each party to any arbitration will pay his/her/its own fees, costs and expenses, including attorneys’ fees, and will equally split the arbitrator’s fees and administrative fees of arbitration. The written decision of the arbitrator so selected shall be binding, final and conclusive on the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. To learn more, information can be found on the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Gokultel, LLC, 9907 8th Street, #55, Gotha, FL 34734-9998.