A. Website Standard Terms and Conditions

1. Introduction

This Website’s ( www.virtualpsychiatriccare.com) Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor, unless a parent or guardian is physically present for all telehealth visits.

2. Intellectual Property Rights

Unless otherwise indicated, the Website is the proprietary property of Virtual Psychiatric Care ("us", "we", "VPC"), a subsidiary of MiamiPsych Concierge, LLC, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the  and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Virtual Psychiatric Care may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Virtual Psychiatric Care a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Virtual Psychiatric Care reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties

This Website is provided “as is,” with all faults, and Virtual Psychiatric Care makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall Virtual Psychiatric Care , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and VPC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent Virtual Psychiatric Care from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Virtual Psychiatric Care is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

Virtual Psychiatric Care shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Virtual Psychiatric Care and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Miami-Dade County and the State of Florida for the resolution of any disputes.

B. Integrated Platform Terms of Use

1. Introduction

The following “terms of use” describes the integrated online platform you will use to receive healthcare services. Virtual Psychiatric Care (“VPC”) and its subsidiaries (MiamiPsych Concierge, LLC), affiliates, representatives, and any third party (collectively, “VPC”)  facilitates access and communication between you and healthcare providers using the integrated telehealth platform (Services). VPC is not a healthcare provider and does not render medical treatment or health services. 

All Services received via the online telehealth platform are provided by independent healthcare providers ("Practitioners") and not VPC. Virtual Psychiatric Care (VPC) makes no warranties and shall not be held liable for advice, services, course of treatment or medications recommended by the providers who use the VPC telehealth platform to communicate with you. 

The Practitioners will require you to consent and authorize to the use of telemedicine (or telehealth) through VPC’s proprietary systems, methods and protocols to access, diagnose, consult, treat and educate you and those you are authorized to represent (the “Services”). The use of our telehealth platform is not intended for emergency services and treatment. 

2. Profile Set-Up

In order to use the platform Services, you as a User are required to enter an email address and create a password, which we refer to here as your VPC ID or credentials. After you create your VPC ID, you will use these same credentials to log into and utilize the Platform Services. This log-in process will allow you to manage your account, it will allow you to search a provider, make appointments, attend appointments, and utilize and enjoy all Platform Services. The first time you log in to VPC’s platform to utilize the Platform Services, you will be asked to create an account also known as your profile. To create an account, you must provide personal information such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with the Independent Professionals who are also registered on the VPC Platform. Please read our Privacy Policy attached to the website at www.virtualpsychiatriccare.com/privacy

for a description on how we handle your personal information. 

3. Telemedicine and Telehealth Services Consent

You will be required to acknowledge and consent to see a Practitioner via telemedicine/telehealth. You understand that your eligibility to receive a visit via telemedicine or telehealth is based on the Practitioner’s professional judgment that it is appropriate and that the quality of care will not be diminished by the use of this platform. You understand that a telemedicine or telehealth visit is distinct from an in-person visit because you will not be in the same room as the health care Practitioner, and instead, you will communicate with the Practitioner through advanced communication technology using live video and audio feed.

You acknowledge that in order to protect your privacy, you need to choose a private location to place your telemedicine or telehealth call. You understand that in order to provide the best call environment, you should reduce background light from windows or light emanating from behind you. You understand that your camera should be placed on a secure, stable platform to avoid wobbling and shaking during the telemedicine session. To the extent possible, your camera should be placed at the same elevation of your eyes with your face clearly visible to the other person. You understand that you will be informed of the presence of any third party, including those that may be present to assist with the audio or video equipment, and that you have the right to: (1) omit specific details of medical history or physical examination that are sensitive to you during such third party presence, (2) ask non-medical personnel to leave the telehealth examination room, and/or (3) terminate the consultation at any time by notifying the Practitioner or disconnecting from the telemedicine/telehealth portal.

You understand the potential risks of receiving the Services via telemedicine/telehealth including: delays in medical evaluation due to technological equipment failure, a lack of access to all relevant information, or a security breach allowing unauthorized access to your confidential medical information. You understand that your Practitioner or you may terminate the telehealth visit at any time, including if the Practitioner or you feel that an in-person visit is necessary for any reason. You have had the Services and alternatives to telemedicine or telehealth for your Services explained to you and you choose to and continue with a telemedicine visit.

You understand that any complaint may be filed with the Secretary of the Department of Health and Human Services.

If you have any questions, please contact support@virtualpsychiatriccare.com

4. DISCLAIMER: The use of telehealth or telemedicine through the VPC platform is not meant for emergencies or crisis intervention. If you are having a medical or mental health emergency please dial 911 or visit your nearest hospital. 

5. Cancellation/Missed Appointment/Refund Policy:  

 You understand that you must reschedule your telehealth appointment prior to the scheduled visit time to avoid a cancellation fee. Appointment cancellations made less than 24 hours of appointment time will be charged a late cancellation fee. By electronically agreeing to the consent for telehealth services you acknowledge you will be charged 50% of the visit fee for a “No-Show" missed appointment or a late cancellation as described. The 50% fee pertains to self-pay visits. Patients utilizing their insurance are charged at minimum a $75 cancellation fee. You also acknowledge there are absolutely no refunds for telehealth visits that have already started, regardless of the length of visit, the treatment plan set forth, or whether medications are prescribed, or for any other reason not listed. 

6. Consent to Obtain Patient Medication History

Patient medication history is a list of prescriptions that your healthcare providers have prescribed for you. A variety of sources, including pharmacies and health insurers, contribute to the collection of this history.

The collected information is stored in the VPC platform and becomes part of your personal medical record. Medication history is very important in helping providers treat your symptoms and/or illness properly and avoid potentially dangerous drug interactions.

It is very important that you and your provider discuss all your medications in order to ensure that your recorded medication history is 100% accurate. Some pharmacies do not make prescription history information available, and your medication history might not include drugs purchased without using your health insurance.

Also, over‐the‐counter drugs, supplements, or herbal remedies that you take on your own may not be included.

Upon agreeing to the telemedicine consent you give permission to allow your Practitioner to obtain your medication history from your pharmacy, your health plans, electronically via prescription monitoring programs, and from other healthcare providers.