The ContinuousCare platform supports the goal of continuouscare for health by providing:
For healthcare consumers, the platform provides a free and self-owned PHR (personal health record), so that users can manage and track their personal health data securely online, in a way that allows them to (should they so choose) share this data with their various healthcare providers and caregivers, thus providing a centralized view of their overall health. The platform provides these capabilities to health consumers through its free ContinuousCare for Health app (mobile and web versions).
For healthcare providers, the platform provides a Virtual Practice (web and mobile application) that enables them to be securely accessible to their patients, through web and mobile services enabling online consultations and remote patient monitoring. The Virtual Practice for healthcare providers also supports essential practice management functions and an online presence management for better patient engagement. Usage of the Virtual Practice by healthcare providers is covered by a Virtual Practice for Healthcare Providers Terms agreement, in addition to these terms. Patients of healthcare providers using the Virtual Practice, can engage with their healthcare provider through the patient portal of the Virtual Practice and also through the ContinuousCare for Health application.
By registering, you agree that:
- You are above 18 years of age.
- You are not impersonating any other person and are using your actual identity.
- The personal information provided during the registration process is true, accurate, current and complete. For example, you may be required to provide your full name, email address, mobile phone number, location, date of birth, address and preferences.
- You are required to periodically review and update your registration data to ensure that it is always current and correct.
- Your username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.
- You also agree that you will be solely responsible for any activities conducted on or through NeedStreet with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless NeedStreet from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
- NeedSteet reserves the right to deny or revoke access to anyone to NeedStreet, or to any part thereof, at any time in its sole discretion, with or without cause.
You are responsible for all activities that occur in your account and you agree to notify NeedStreet immediately of any unauthorised use of your account. NeedStreet is in no way responsible for any loss that you may incur as a result of any unauthorised use of your user account and password.
- NeedStreet and the ContinuousCare platform does not provide medical services of any nature. The ContinuousCare platform and its apps are intended only as tools, which helps healthcare providers and their patients to collaborate in the healthcare of the patients, using scheduling, communication, reporting and data managing capabilities.
- If you are a healthcare provider you shall not register and use NeedStreet’s Virtual Practice solution unless you are a licensed medical practitioner. You shall not use the Virtual Practice for any purpose other than providing services to patients seeking your services; The user account used to register for a Virtual Practice is considered as the primary Virtual Practice account owner.
- All healthcare providers users are bound by the Virtual Practice for Healthcare Providers Terms agreement.
- The Virtual Practice primary account owner is solely responsible for deciding which healthcare provider user accounts can be added to the Virtual Practice based on eligibility criteria defined by primary account owner and to define the scope of services that they are allowed to provide and also to define their information access privileges.
- All engagement between a health consumer user and a healthcare provider on the ContinuousCare platform are governed by the Patient Terms accepted at the a time of the healthcare consumer’s registration as a patient with the healthcare provider’s Virtual Practice. Patients added by directly by a healthcare provider to their Virtual Practice, will be required to confirm their registration by the healthcare provider.
- Healthcare providers on NeedStreet will be able to access a health consumer user’s Personal Health Record in the ContinuousCare platform, only if the user is a registered patient of the healthcare provider’s Virtual Practice.
- As health consumer you shall not use any service or information on NeedStreet for any purposes other than managing your personal health information or that of your immediate family members (with their authorization where necessary) and/or to engage with healthcare providers with whom you have registered with as a patient for genuine healthcare requirements only;
- Your use and access of the ContinuousCare platform, its apps and services, is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in your respective country with regard to the use of such services. NeedStreet does not claim that the ContinuousCare platform is fully compliant for use within all the countries and territories from where it may be accessed.
- From time to time, some of our users do provide us with feedback on recommended changes and/or corrections to our platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it not include any person or entity’s proprietory information. You also fully agree that NeedStreet is not obliged to use or act on this feedback and even if does, it has full, royalty-free, perpetual, irrevocable, transferable and global license to use this feedback.
2. Platform and Application Usage Rules
While using NeedStreet’s ContinuousCare platform, its application, information and services, you agree and acknowledge that:
As a healthcare provider:
- You shall not use your Virtual Practice and any other services of the ContinuousCare platform for any purpose other than providing services to patients seeking your services
- NeedStreet’s ContinuousCare services can be used only by licensed medical practitioners and medical establishments (with licensed medical practitioners) with the necessary licences and approvals to provide healthcare services to patients. It is the sole responsibility of the healthcare Providers to ensure that they are in possession of the necessary licences required for all the services that they provide & that the necessary healthcare personnel and resources required to support such services are available.
- You take complete and sole responsibility in assigning healthcare provider user accounts in your Virtual Practice to qualified healthcare professionals and you take complete responsibility in training them in the correct usage of the application and it’s features to provide services to patients of your Virtual Practice.
- You shall maintain strict confidentiality of your patient data and not publish or distribute in any form, any information contained therein, and/or summaries or subsets thereof to any person or entity.
- You will be responsible for all the activities under your service account and other dependent accounts (“associated accounts”) of your employees. The ContinuousCare platform serves only as a technology enabler for the online healthcare services that you choose to provide. Any disputes between you and the patients will be dealt with by you directly. You shall have separate Patient Terms agreements with the Patients in your Virtual Practice and NeedStreet will not be a party to such agreements. You agree to absolve NeedStreet of all/any claims between you and your patients and/or end users. You are responsible for keeping the confidentiality of all information provided by the patient. NeedStreet has no obligation or liability to monitor services within Virtual Practices.
- NeedStreet takes no responsibility for healthcare information that may be published by healthcare providers in their own Virtual Practice. Healthcare providers are completely liable to ensure that such content is medically correct, original and that it causes no intended or unintended harm to its readers. All content you post shall not violate any law, or in any manner infringe or interfere with the rights of others or libel, defame any third party or is obscene or harmful/threatening/ abusive/vulgar/ inaccurate/racially, sexually, ethnically or are otherwise objectionable or constitute personal attacks on other individuals or infringe the intellectual property, trade secret or proprietary rights of any third party or promote criminal or other illegal activity.
- If found illegal, offensive, or commercial in nature, infringing or inappropriate by the sole discretion of NeedStreet, NeedStreet retains the right to review and delete any content related to any provider, if such content is brought to NeedStreet’s notice. NeedStreet takes no responibility in having to review content published in Virtual Practices.
As a healthcare consumer:
- You shall not use any service or information on the ContinuousCare platform and it’s apps for any purposes other than managing your personal health information or that of your immediate family members (with due authorization) and/or to engage with healthcare providers that you have chosen to consult with for genuine healthcare requirements only;
- As a healthcare consumer you understand that NeedStreet and its ContinuousCare platform do not provide medical services of any kind and only enable your engagement with healthcare providers that you have chosen to consult with. NeedStreet does not recommend or endorse any healthcare providers. Healthcare consumer users are solely responsible for making decisions on their choice of health providers.
- Your access or use of NeedStreet’s ContinuousCare platform apps and services does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate NeedStreet, to fulfil any duties towards meeting your health needs.
- You are expected to avail of immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the ContinousCare platform and it’s apps in such situations.The services enabled by the ContinuousCare platform and it’s applications is only meant to supplement your existing healthcare services and to enable you to collaborate better with your own healthcare providers, as decided by them.
- The accuracy, integrity and completeness of the personal health information you enter or allow to enter on your behalf is your responsibility, and NeedStreet assumes no liability for it. NeedStreet is also not liable for any use or misuse of information transmitted or received by a healthcare provider whom you have authorized to access or use your account and data on the ContinuousCare platform and its apps.
- Your use of this platform to engage with your healthcare providers is at your sole risk only. NeedStreet shall not be responsible for any undesirable outcomes in your engagement with healthcare providers. NeedStreet does not endorse, recommend or otherwise promote any healthcare providers.
- NeedStreet shall not be responsible for ensuring that the health, fitness or nutritional information on this site or in its services will always include the most recent findings or developments in medical research.
- Data in your personal health records will be accessible only to your authorised healthcare providers that you are a registered patient of, for the purpose of providing you with healthcare services that you choose.
- Non- personalised system analysis of non-identifiable patient data may be done as part of application service development to enable better healthcare outcomes. However the identity of individual users will remain completely anonymous in such analysis.
By using the services of NeedStreet, you unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from the ContinuousCare platform apps to the mobile number and email address you provided during registration, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services. Notification preference settings will be provided to allow turning off of non-essential/informative-only notifications.
NeedStreet is constantly updating the ContinuousCare platform and apps in order to provide the best possible experience for its users. The users acknowledge and agree that the form and nature of the services provided by the platform may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
You shall not use the ContinuousCare platform and its apps and services for any purposes other than those intended by NeedStreet and as determined by NeedStreet at its sole discretion.
The ContinuousCare platform is only a means for Healthcare Providers and their patients users to interact and to have a channel for users to avail services offered by providers in the area of health management. There is no employment (part time or full time), consulting, contractor, joint venture or agency relationship between NeedStreet and the users or Healthcare Providers.
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our written permission. Violation of this policy may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored on the site.
NeedStreet reserves the right to modify and/or discontinue its services at any time, for any reason and without notice and to terminate your password and account for any reason, including violation of this agreement. On such termination, you shall have no more claims on your personal data stored on NeedStreet. NeedStreet will not be responsible for providing this data in any form to your or to any third party service or provider after such termination.
You shall not misuse any services or information on NeedStreet, in which event, NeedStreet may take legal, technical and financial remedies to prevent the violation of this provision and to enforce these Terms of Service.
You shall not attempt to circumvent any security measure put in place for the ContinuousCare platform users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by NeedStreet, through hacking, password mining or any other means.
You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
You shall not attempt to access, access or obtain information regarding any account other than your own, by any means whatsoever. You may not use the ContinuousCare platform and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
You shall take utmost care to ensure confidentiality of your username and password and are liable for any misuse of your account.
The users acknowledge and agree that NeedStreet may, as part of continuing innovation, stop (permanently or temporarily) providing the ContinuousCare platform, apps and services (or any features within) at NeedStreet’s sole discretion, without prior notice. Incase NeedStreet becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, NeedStreet reserves the right to re-brand or relocate the Services.
If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by NeedStreet’s ContinuousCare platform, apps and services.
The ContinuousCare platform securely stores all data, including PHI data, communications, usage data including but not limited to location, device type, operating system, browser, date-time and context usage, in HIPAA compliant cloud infrastructure. All data storage and transmissions are encrypted.
By using the ContinuousCare platform, as a healthcare consumer you authorize the copying, transfer and disclosure of your health data to healthcare providers that you specifically choose to engage with and with whom you have registered as a healthcare consumer/patient. Your authorized healthcare providers have access to view and update your healthcare data in the course of providing you with healthcare services through their Virtual Practice.
By using the ContinuousCare platform, as a healthcare provider you authorize the ownership of patient health data by your registered patients, such that they may view and update their own health data, except for specific areas that you choose not to make visible/accessible to them.
By using the ContinuousCare platform, all users authorize NeedStreet to perform anonymized analytical procedures on all platform data, in a manner that does not disclose or utilize the identify of any user, to develop Analytics with non-identifiable data, to thus be able to improve and extend the ContinuousCare platform services based on such Analytics. As a user you also authorize NeedStreet to publish such non-identifiable Analytics derived from non-identifiable platform user data to promote the ContinuousCare platform and it’s use in enabling continuity of healthcare for healthcare providers and their patients.
By using the ContinuousCare platform you agree to storage of your data in secure cloud infrastructure located anywhere in the world. NeedStreet currently uses Amazon Web services infrastructure based in North America.
Healthcare consumer users can register free on the ContinuousCare platform and use the free ContinuousCare for Health app, to maintain and track their health data. As NeedStreet does not provide healthcare services of any nature, all users must be clear that it does not charge healthcare consumers for such services. NeedStreet currently provides free storage for healthcare consumer data but also reserves the right to start charging at cost, for data storage above 1GB per account. Any change to our current storage services offering will be notified in our website and also by email to all healthcare consumer users.
Healthcare providers need to subscribe to a pricing plan for continued usage of their Virtual Practice account, after the optional trial period following their Virtual Practice registration. Such payments can be made to NeedStreet using online payment methods like credit card or Paypal through our secure payment gateway. Users can opt for automated renewal of their subscription or may choose to manually renew it at the end of every subscription period. It is possible for a healthcare provider to upgrade, downgrade or cancel a subscription in the middle of a subscription billing cycle. Upgrades or downgrades if any will be handled with corresponding adjustments in future subscription payments.
Healthcare providers will need to purchase credits to support SMS messaging services in their Virtual Practices, to support custom notifications to their Virtual Practice users. These payments will in turn be used to pay the SMS messaging system used by the platform to send messages for the healthcare provider. Payments for SMS credits can be made online through the platform payment system. Invoices are available and sent by email for all payments to NeedStreet.
Refunds – There are no refunds for canceled subscriptions in the midst of a billing cycle. However SMS credits (if any) purchased by a Virtual Practice will be refunded in the event of the cancellation of the Virtual Practice’s paid subscription.
Healthcare providers can choose to configure payments for their online services such as video consultations, question-based consultations, paid-appointment bookings, in-clinic consultations and remote monitoring programmes in their Virtual Practice. In order to do so, healthcare providers will also need to configure their online payment service of choice (limited to the options supported by NeedStreet at any given time). NeedStreet bears no responsibility for consultation and online service charges made to patients and is not liable for monitoring the charges, collection or refunds due to patients of different Virtual Practices on the platform. Such payments are not processed through the platform payment system. In the event that a healthcare provider does not have payment service account to collect patient payments, the healthcare provider can nevertheless provide free online services and consultations to patients through the Virtual Practice. For clarifications please contact firstname.lastname@example.org.
6. Third Party Services
NeedStreet is not responsible for the accuracy and reliability of health data ready from health sensors and devices that the ContinuousCare platform and apps may interface with. This includes direct device interfaces and also account interfaces of third-party services that you as the user might authorize the platform apps to interface with. Such interfaces are not indicative of any endorsement or recommendation by NeedStreet of those devices or services.
NeedStreet is not responsible for any profile information or healthcare content published by healthcare providers in their own Virtual Practices.
The NeedStreet website and ContinuousCare apps and services may include links to other websites, possibly in content within the apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only. We do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these sites external to NeedStreet.
8. Intellectual Property, Copyright and Trademarks
NeedStreet’s ContinuousCare platform services, applications and website, all content and information, visual designs and branding created by and for NeedStreet, and all intellectual property rights embodied therein, are the property of NeedStreet and are protected by trademarks, copyrights, patents, proprietory rights and IP laws.
9. Limited Warranty
To the extent allowed by applicable law, implied warranties on the Software, NeedStreet software and services are provided without any warranty of any kind, and NeedStreet hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. NeedStreet makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
10. Limitation of liability
THE USERS EXPRESSLY UNDERSTAND AND AGREE THAT NEEDSTREET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEEDSTREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH NEEDSTREET MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE.
THE LIMITATIONS ON NEEDSTREET’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT NEEDSTREET HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Indemnification and Release
NeedStreet reserves the right to modify and/or discontinue its services at any time, for any reason and without notice including but not limited to violation of this agreement. You may also terminate your account with NeedStreet at any time for any reason by informing NeedStreet.
On such termination, you shall have no more claims on your personal data stored on NeedStreet or any response/content posted by you or on your behalf on any other user/ Healthcare Provider, current or terminated, that you may have interacted with through the ContinuousCare platform and apps. NeedStreet will not be responsible for providing this data in any form to your or to any third party service or provider.
13. Jurisdiction and Governing Law
14. Release for Force Majeure
NeedStreet and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which NeedStreet or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.
15. General Provisions
16. Restriction on Access to NeedStreet
In order to protect the integrity of the website, NeedStreet reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.