TERMS OF USE POLICY:
When you register with Team Med, we understand that you are trusting us to provide you with convenience and assistance as you recover from any health issues that may previously or currently have. It is therefore important how you access our services and how we handle your information. Please take a few moments to read our terms and conditions.
Acknowledgment
If you have any disability or seek support in other languages, you may access these Terms by emailing us at contact@teammedplanner.com.
Bene Vita, Inc. d/b/a Team Med (“Team Med,” “us” or “we”) provides content and products via: https://www.Team Med.org (the “Website”), and our application (the “App”).
These Terms and Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” refers to the device which is used to access the Products or Services, including but not limited to smartphones and tablets. The term “you” refers to the user of the Products or Services.
These Terms and Conditions and our Privacy Policy set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. This Service is not intended for users or visitors under the age of 18. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Team Med. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
1. OUR SERVICES
1.1 SERVICES
Our Services include, without limitation, the following: a bridge the gap between patients, caregivers, and medical professionals, Team Med offers, among other features, a suite of interconnected modules to track critical medical details, coordinate needs with friends and family, and share their experiences with loved ones.
1.2 GENERAL RULES FOR USE OR ACCESS
(a) When you order (“Order”) any Products or Services, or use or access the Products or Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders or similar binding legal instruments (“Applicable Law”). You may also be asked to click “I accept” prior to your purchase or access to the Products and Services. If you do not click “I accept”, you may not be able to complete your purchase or access the Products or Services. If you do not agree to these Terms, please do not use the Products or Services.
(b) While using our Services, you are responsible for all cellular and internet access charges. Please check with your internet provider for information on possible internet data usage charges.
1.3 AMENDMENTS TO THE TERMS
(a) We reserve the right to change or update our Terms, or any other of our policies at any time without securing your Consent. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Services. We may notify you of such changes via pop-up or push notifications within the Services or via email. Continuing to use our Services after the modification means that you agree to abide by the modified Terms. These Terms and the applicable Order set out the whole agreement between you and us for the use of our Products and Services, unless otherwise expressly stated.
2. REGISTRATION
2.1 SUBSCRIPTION
(a) To access the Services, you must subscribe using our App using your email address or through Apple or Google. To subscribe, you may need to provide certain personal information, including but not limited to, your first name, last name, email address, phone number, date of birth and a password to be used in conjunction with that email address (“User Information”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one account; provided, however, the patient and his or her primary caregiver will each have separate access to that same account. Please review our Privacy Policy so that you will understand who we treat your personal information.
(b) By subscribing, you acknowledge and confirm that: (i) you are legally capable of entering into binding contracts and are of legal age (18 years old); (ii) all User Information you submit is truthful, accurate, and up to date; (iii) you will maintain the accuracy of such information; and (iv) your use of the Services does not violate these Terms or any Applicable Law.
(c) Subscriptions are not transferable. You agree to not sell, transfer, or exchange your account or Subscription in any way or under any circumstance. This expressly applies to any discounted, subsidized, or Free Trials (as defined below) or Subscriptions, as may be the case.
(d) Free Trials. You may have access to a free trial period of our Services (“Free Trial”) for a limited period of two (2) weeks from initial subscription. You are only entitled one Free Trial. We reserve the right to revoke your Free Trials, at any time. Free Trials automatically convert to a paid annual or monthly subscription term after the initial two (2) weeks. However, you can disable the automatic conversion by following the cancellation instructions set forth in Section (f) and Section 3 below prior to the date of conversion.
(e) Automatically Renewing Subscriptions. Subscribers may access the Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly or annual options (“Subscription Term”). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. If you activate a Subscription, you authorize Team Med to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate your Subscription or your account.
(f) Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation at Section 3.
(g) No Refunds on Subscriptions. No refunds will be claimed, even for partial subscription.
(h) Subscription Methods. You may subscribe by purchasing a subscription to the Services through Apple iTunes Store or GooglePlay Store (“Payment Method”). Please note that if you purchase a subscription through the Apple iTunes Store, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.
(i) Gift Subscriptions. “Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is the “Benefactor.” A person who receives and redeems a Gift Subscription is the “Recipient.” Gift Subscriptions are paid for by a one-time upfront payment. Once bought, the Benefactor will receive an Order confirmation and receipt. The Gift Subscription will be sent to the Recipient on the Benefactor’s specified date with a gifting code to redeem the Gift Subscription. Gifting codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial unless expressly stated otherwise. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store, or the Google Play Store or via Apple Pay or Google Pay through our App. We will automatically bill the Payment Method that the Benefactor provided for any purchased Gift Subscriptions at the time of purchase, not upon delivery to or redemption by Recipient. There are no refunds or other credits for Gift Subscription that are not redeemed. We will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire.
(j) Text Messages and other forms of communications. You also agree to Team Med communicating to you via SMS/text message, or emails including via use of an autodialer, and acknowledge that telecommunications provider message and data rates may apply. You also authorize Team Med to communicate to your chosen service providers, and warrant that you have the right to share their personal information.
2.2 PAYMENT TERMS
(a) Your use of the Services may require you to pay fees. We reserve the right to determine pricing for the Products and Services. We will make reasonable efforts to keep pricing information published on our Website or the App up-to-date.
(b) You are responsible for all applicable fees and charges incurred, including applicable taxes. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. In order to access the Services, you may be required to provide your payment information. You agree to promptly notify us of any changes to your Payment Method while any payments remain outstanding. You authorize us or a third-party payment processor to charge all fees for the Services, including all applicable taxes, to the Payment Method.
(c) We reserve the right to change our subscription fees, plans or adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
3. CANCELLATION OF SUBSCRIPTION
3.1 CANCELLATION BY US
Team Med may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services.
3.2 CANCELLATION BY YOU
(a) You may cancel your Subscription at any time. Cancellation of a monthly Subscription is effective at the end of the applicable monthly period and cancellation of an annual Subscription is effective at the end of the applicable annual period.
(b) If the subscription be made through Apple iTunes Store, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If the subscription be made through Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms.
4. PROHIBITED USE OF THE PRODUCTS AND SERVICES
By using the Products and Services you agree not to:
(a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Services in any way, or create derivative works of the Products or Services;
(b) use the Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services;
(d) interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services;
(e) access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law
(f) circumvent any territorial restrictions applied to the Services;
(g) perform any fraudulent activity including impersonating any other person or entity while using the Services;
(h) conduct yourself in an offensive manner while using the Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);
(i) use the Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);
(k) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
We reserve the right to immediately terminate your access to or use of our Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.
We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.
5. MATTERS OF OWNERSHIP
Subject to the limitations set forth in these Terms, Team Med grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of and Services. The Services, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of Team Med and its licensors and suppliers.
5.1 COPYRIGHT
All materials (including but not limited to software and content whether downloaded or not) contained in the Services (“Materials”), are owned by Team Med (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise
5.2 TRADEMARKS
Team Med and Bene Vita are trademarks of Bene Vita, Inc. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Services is strictly prohibited. We will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS AND SERVICES
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in the Services, please report it to us at contact@teammedplanner.com, and we will review your concern and provide you with resolutions.
7. ASSUMPTION OF RISK
By granting you the right to use the Services, we do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will we be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or any activity you undertake in connection therewith. As between you and Team Med, you are solely responsible for your use of the Services and your health and medical conditions and treatment related thereto.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:
(a) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE HAVING THOUGHTS OF HARMING OR KILLING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE IN IMMEDIATE DANGER, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM;
(b) TEAM MED IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER;
(c) TEAM MED IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT;
(d) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION;
8. WARRANTIES AND DISCLAIMERS
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TEAM MED DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TEAM MED DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TEAM MED DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCTS OR SERVICES OR TEAM MED ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE TEAM MED ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND TEAM MED DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT TEAM MED IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
9. GENERAL
9.1 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TEAM MED BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEAM MED HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
9.2 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
9.3 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
9.4 NOTICES
Unless otherwise specifically indicated, all notices given by you to us must be given us contact@teammedplanner.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on the App or the website or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified e-mail address of the addressee.
9.5 ENTIRE AGREEMENT
These Terms and any additional terms or policies expressly referred to in these Terms constitute the whole agreement between us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the Services. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud.
9.6 THIRD PARTY RIGHTS
A person who is not party to these Terms will not have any rights under or in connection with these Terms.
9.7 CHOICE OF LAW
The laws of Delaware, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims, except to the extent they are preempted by U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
9.8 SEVERABILITY
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.