Terms of Service
LAST UPDATED March 29, 2015
Thank you for visiting http://orunje.com, which is owned and operated by Orunje, LLC ("Orunje" or the "Company"). Orunje is a technology medium designed to connect patients with local health care providers. Orunje's services are offered through its website (http://orunje.com) and its mobile application (the "Application") (collectively, the "Services"). Please read these Terms of Service (the "Agreement" or "Terms") carefully before accessing or using the website or the Application. Orunje and its Services may be referred to as "we", "us" or "our" throughout this Agreement.
We may, in our sole discretion, modify this Agreement at any time and without prior notice to you by posting a revised Agreement on the website. Your continued use of our Services after any modifications to this Agreement have been published on the website or otherwise provided to you constitutes your acknowledgement of, and agreement to, the modified terms and conditions.
Please also note that the terms and conditions of this Agreement are in addition to any other agreements you may have with us, including any customer, account, or marketing agreements, and any other agreements that govern your use of products, services, content, tools, and information available through the website, the Application or our Services, and does not alter in any way the terms or conditions of those agreements.
This Agreement applies to all users of the website, the Application and our Services, including patients, health care providers, and visitors, who in any way use the website, the Application or our Services (a "User"). Currently, our Services are only available to Users residing in the United States.
Orunje is a technology medium that connects patients with local health care providers. We provide patients with a means to receive on demand, and in-person medical services and treatment from licensed healthcare providers in the patients' geographic area. The definition of our "Services", as used in this Agreement, refers only to our website and our Application. Our Services specifically exclude any medical services or treatment that patients receive from health care providers through our technology.
WE ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE, DO NOT PROVIDE MEDICAL SERVICES, AND ARE NOT A HEALTH CARE PROVIDER. OUR SERVICE IS DESIGNED TO CONNECT PATIENTS WITH HEALTH CARE PROVIDERS WHO MAY PROVIDE PATIENTS WITH MEDICAL SERVICES. THE HEALTH CARE PROVIDER WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES.
HOW TO USE OUR SERVICES/APPLICATION
Patients and health care providers must register to use our Services. If you become a registered User, you agree to (i) provide accurate, current and complete information about you as may be prompted at registration ("Account Information"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update your Account Information, and any other information that you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to your Account Information and any other information you provide to us.
You are solely responsible for maintaining the confidentiality of your Account Information, including your user name and password. You agree to promptly report any unauthorized or suspicious activity in your account to us by email at email@example.com.
You are responsible for any unauthorized use of your password that occurs before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to cancel or suspend your account, at any time, without notice, if we suspect that it is being used in an unauthorized or fraudulent manner.
1. To Use Our Services As A Health Care Provider
When you register, you will be asked to provide basic information, including your legal name, professional title, license number, gender, date of birth, telephone number, profile picture and zip code. We will review your registration information and may request additional information. By registering with Orunje, you represent and warrant that you have an active and valid medical license in the State of Illinois. Your license status will be verified by an independent, third party source to ensure that you are in good standing in the jurisdiction in which you are licensed at the time you register.
You agree that you have an ongoing obligation to provide us with all information and documentation reasonably necessary to verify your status as an actively licensed health care professional. If your status as an actively licensed health care provider changes at any time, it is your duty to notify us immediately and cease and desist providing any medical services to any patients registered with us immediately. Should you fail to provide information and/or documentation that confirms your status as an actively licensed health care professional, we may immediately suspend, block or otherwise discontinue your access to and use of the website, the Application, and the Services.
Health care providers registering for our Services and providing medical services or treatment to patients will be granted access to the patient's protected health information and are bound by all applicable HIPAA rules and regulations.
Claims made malpractice coverage is provided for all verified Orunje healthcare providers, exclusively for visits made through Orunje. Orunje does not cover providers for visits made outside of Orunje. Providers with additional independent malpractice insurance policies are bound by the rules and regulations set forth by their policy.
Physician collaboration agreements are offered by Orunje on a per individual basis for nurse practitioners and must be discussed with Orunje at the time of registration. Otherwise, Orunje assumes and requires all nurse practitioners registering on their site to either have a valid physician collaboration agreement or will obtain their own physician collaboration agreement. Providers are bound by the rules and regulations set forth by their policy and state law and Orunje holds no responsibility for any action or litigation taken against healthcare providers registered on Orunje.
Orunje uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
2. To Use Our Service As A Patient
When you register, you will be asked to provide basic information, including your name, gender, date of birth, telephone number, zip code, physical address and credit card information. In the future, we may require patients to provide insurance information. At the time of registration, you may fill out a medical history questionnaire, which is designed to provide physicians with a detailed account of your current and past medical history, including any medications you may be taking. Upon initiation of a request for a visit from a healthcare provider, you must provide a description of your medical problem and/or symptoms.
MEDICAL SERVICE FEES & ADMINISTRATIVE FEES
There is no fee to register for our Services, to access our website, or download our Application. Patients, who request medical services from a health care provider, will be charged a professional fee, representing payment for the medical services provided by the health care provider, and an administrative fee, charged by us, for your use of our Services. The recommended rates for medical services can be found on our website or on our Application, when submitting a request for a health care provider. However, each health care provider sets their own professional fee and will determine whether they agree to accept a request for medical service at the proposed rate. You are responsible for being informed about each health care provider's charges for medical services.
You agree to pay all applicable fees for services you purchase on our or through the website or Application at the then-current rates for such services (including any applicable taxes). Fees will be billed at the time you purchase or utilize the Services and are nonrefundable. We may modify the administrative fee for use of our Services, or any related services or features provided through our website or the Application, or add new fees at any time. We will send you advance notice of any change in administrative fees for our Services (via email or a message posted on the website).
We bill all applicable charges through the payment method specified in your account (e.g. a credit and/or debit card). We may seek pre-authorization from your merchant account prior to your purchase to verify that your payment method is valid and has the necessary funds or credit available to cover your purchase. You authorize us to charge all sums described herein using the payment method specified in your account. You agree to provide us with updated information on your merchant account upon request and at any time the earlier provided payment information is no longer valid.
We do not bill insurance on behalf of any patients or health care providers. Health care providers registered with our Services only accept cash payments. Patients may, in their sole discretion, bill their insurance carrier if they wish to be reimbursed for medical services rendered by health care providers using our Services. We do not guarantee reimbursement of any or all claims, nor can we guarantee the healthcare provider rendering your services is a participating member of your insurance plan. It is the patients' sole responsibility to understand their individual insurance policy.
Health care providers registered with our Services cannot accept any requests for medical services from Medicare/Medicaid beneficiaries. It is unlawful for any health care provider who is an enrolled provider for Medicare/Medicaid to accept cash payments from Medicare/Medicaid beneficiaries. It is the responsibility of the patient and health care provider to adhere to the laws and rules applicable to Medicare/Medicaid beneficiaries and enrolled providers. We are not liable for any acts or omissions of health care providers and/or patients who violate the laws and rules applicable to the Medicare/Medicaid programs.
Our Services are available only to individuals who are at least 18 years old and reside in a jurisdiction in which our Services are offered. If you reside in a jurisdiction that restricts use of our Services because of age, you may not use our Services. By using our Services, you represent and warrant that you are of legal age to enter into a binding contract and that all registration information you submit is accurate and complete. Orunje may, in its sole discretion, refuse to offer its Services to any User.
Orunje, in its sole discretion, reserves the right to restrict or prohibit Users from accessing the Site or using our Services at any time. You represent and warrant that you have not been previously prohibited or restricted from using our Services.
We further reserve the right, in our sole discretion, to restrict or otherwise discontinue your ability to access and/or use the website, the Application or our Services at any time and for any reason. You agree that we are not liable to you or any third party for any restrictions placed on or any discontinuation of your ability to access or use our Services.
Additionally, by accessing or using our website, the Application or our Services, you further agree that you WILL NOT engage in any of the following activity, which we deem to be an "unauthorized use":
access, use or disseminate any content, information or files accessible via our website, the Application, or our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;
sell or transfer any information or content available through our website, the Application or our Services, or use such information to market any product or service - including by sending, or facilitating the sending of, unsolicited emails or SPAM;
probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;
disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on the website or the Application;
impersonate any person or entity, including any health care provider registered for our Services, any employee or representative of Orunje, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;
engage in any commercial use or activity, unless you obtain our prior written consent and approval. Commercial uses include but are not limited to: (i) soliciting other Users; (ii) offering or selling any products or services of any kind; and (iii) advertising, sponsorships, or promotions placed on or within the website, the Application or the Services.
disassemble, decompile or reverse engineer our Services;
harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;
disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation;
remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
attempt to gain unauthorized access into our systems;
use the website or the Application in any manner that could damage, disable, overburden or impair our Services or interfere with any other User's use or enjoyment of the Service;
upload, post, email, transmit or submit or otherwise make available through the website or Services any inappropriate, defamatory, infringing, obscene, false, misleading, inaccurate, harassing, threatening or unlawful material or content or imply that such content is sponsored or endorsed by Orunje, any of its affiliates or any third parties;
take any action that would defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other Users;
engage in any activity related to the website, the Application or the Services that is contrary to any applicable laws or regulations; or
engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).
YOU MAY BE LIABLE FOR ANY LOSSES INCURRED BY THE COMPANY OR ANY THIRD PARTY DUE TO YOUR UNAUTHORIZED USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES.
The website, the Application, and our Services contain proprietary information/content of Orunje (such as logos, copyrights, trademarks, technology, processes, etc.) ("Orunje Proprietary Property"), which may be protected by copyright, trademark, patent, trade secret and other laws. Orunje owns and retains all rights, title and interest in and to the Orunje Proprietary Property. Orunje hereby grants you a limited, revocable, non-sublicenseable license to download and/or display the Orunje Proprietary Property solely for your use in connection with the Service for purposes authorized by this Agreement. You do not have the right to use the Orunje Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the Orunje Proprietary Property.
The website, the Application, and our Services may contain proprietary information/content provided by third party licensors (such as logos, copyrights, trademarks, etc.) ("Third Party Proprietary Property"), which may be protected by copyright, trademark, patient, trade secret and other laws. Orunje hereby grants you a limited, revocable, non-sublicensable license to display and/or utilize the Third Party Proprietary Property solely for your use in connection with the Service for purposes authorized by this Agreement. You do not have the right to use the Third Party Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the Third Party Proprietary Property.
Unless authorized by this Agreement, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, display, sell or otherwise use any Orunje Proprietary Property or any Third Party Proprietary Property or any other content appearing on or through the website, the Application or our Services.
Through our Services, including the website and Application, you may be able to submit, post, transmit and share content and material with other Users (collectively, "User Content"). You represent, warrant and agree that:
We do not control or endorse any User Content and cannot guarantee its accuracy. We are not responsible or liable to you or any third party for the any User Content.
We have no obligation to monitor any areas of the website or Application through which Users submit, post, transmit and share User Content.
We reserve the right to screen User Content and to edit, delete, move and/or refuse to accept any User Content that, in our sole discretion, violates these Terms or is otherwise unacceptable, inappropriate or unlawful.
Any User Content you submit does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any applicable laws, rules or regulations (including, without limitation, HIPAA or equivalent laws or regulations in foreign jurisdictions); or (iii) require obtaining a license from or paying any fees and/or royalties by Orunje to any third party for the performance of any services you have chosen to be performed by Orunje or for the exercise of any rights granted in these Terms, unless you and Orunje otherwise agree.
You are responsible for and assume all risk for all User Content. You own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit through our Services. You license to Orunje all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the website and the Application pursuant to these Terms.
Your hereby grant to Orunje and anyone authorized by Orunje, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, sell, create derivative works of, publicly perform and display the User Content, in whole or in part, in any manner or medium, for any purpose we choose in connection with the Services.
You grant to Orunje, and anyone authorized by Orunje, the right to identify you as the author of any User Content submitted by you.
You agree to hold harmless Orjune, Orunje's affiliates, and each of its and their respective directors, officers manager, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses expenses, damages and costs, including reasonable attorneys' fees that arise out of any User Content that is submitted, posted, transmitted or shared by you or anyone using your account.
THIRD PARTY CONTENT
Our website may contain content from and links to third party websites or content that is not owned or controlled by us (collectively, "Third Party Content"). We do not control, endorse, investigate or adopt any Third Party Content, and assume no responsibility for its accuracy, availability, privacy policies or practices. In addition, we cannot censor or edit any Third Party Content and make no representations or warranties of any kind regarding any Third Party Content, including its accuracy or completeness. By using our Services, you expressly relieve of us any liability resulting from your use of or access to Third Party Content.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that any material on the Site violates this Agreement or your intellectual property rights, please notify Orunje as soon as possible by sending an email to firstname.lastname@example.org, or by contacting Orunjes' Agent (listed below), with the following information pursuant to the Digital Millennium Copyright Act ("DMCA") (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c) (3), for more information): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site, sufficient for Orunje to locate the material; (iv) your contact information, including your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Pursuant to § 512(c) (2) of the DMCA, Orunje designates the following agent to receive notifications of claimed infringement:
P.O. Box 10015
Chicago, IL 60610
For the avoidance of doubt, only DMCA notices should go to Orunjes' Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Orunje will also terminate a User's account if the user is determined to be a repeat infringer.
If you wish to terminate your account, you may do so by contacting Orunje customer service at email@example.com or by deleting your account and discontinuing your use of our Services. Any fees paid to the Company are non-refundable, unless otherwise specified. You shall remain obligated to pay all outstanding charges, if any, relating to your use of our Services incurred prior to account termination.
YOUR USE OF THE WEBSITE, THE APPLICATION, OUR SERVICES, AND ANY CONTENT, PRODUCTS OR FEATURES AVAILABLE WITH OR THROUGH THE WEBSITE, THE APPLICATION OR THE SERVICES SHALL BE AT YOUR SOLE RISK AND UNLESS OTHERWISE EXPRESSLY STATED, ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COMPLIANCE WITH HIPAA OR OTHER STATE AND FEDERAL PATIENT PRIVACY REGULATIONS AND LAWS, AND EQUIVALENT LAWS OR REGULATIONS IN FOREIGN JURISDICTIONS.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS APPLICATION TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP. NOTHING CONTAINED IN THE SITE OR SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
WE ARE NOT ENGAGED IN THE BUSINESS OF CREDENTIALING HEALTH CARE PROVIDERS. WE DO NOT ENDORSE THE CREDENTIALS OF ANY HEALTH CARE PROVIDERS WHO MAY UTILIZE OUR SERVICES.
LIMITITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ORUNJE, ITS DIRECTORS, OFFICERS MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICES, INABILITY TO USE THE SERVICES OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:
ANY DATE OR INFORMATION MADE AVAILABLE THORUGH THE SERVICES, INCLUDING ANY LOSS OF DATA OR INFORMATION;
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE WEBSITE OR THE APPLICATION;
OFFENSIVE, INDECENT, OR OBJECTIONABLE CONTENT FROM ANY SOURCES TO WHICH YOU ARE EXPOSED BY USING OUR SERVICE;
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES;
ANY INJURY OR LOSS INCURRED AS A RESULT OF MEDICAL SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THROUGH OUR SERVICES;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
ANY LOSS CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT;
INTERRUPTION OR CESSATION OF YOUR USE OF OUR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PART; AND
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR RELIANCE ON ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THIS LIMITATION OF LIABILITY ALSO COVERS ANY LOSSES OR DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY ANY THIRD PARTIES THROUGH ANY LINKED SITES OR OTHERWISE.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF ORUNJE FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF ANY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Your indemnification obligation shall survive this Agreement and your use of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
These Terms are not assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms without restriction. Our failure to enforce any provision of these Terms does not constitute a waiver of our ability to enforce that provision in the future. A waiver of any provision hereunder shall only become effective upon written agreement signed by a duly authorized representative of Orunje.
If any provision of these Terms, or a portion thereof, is deemed unenforceable for any reason, it shall be enforced to the maximum extent permissible so as to give full effect to the intent of these Terms. Any provision deemed unenforceable shall be severable from the remainder of the Terms and will not affect the validity and enforceability of the remaining, enforceable provisions.
A printed version of these Terms shall be admissible in judicial or administrative proceedings.
Questions? Please email us at firstname.lastname@example.org