Terms of Use
IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 112 in Europe or 911 in USA or the emergency number of your country IMMEDIATELY.
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Persona’s (“Persona,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
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www.persona.healthcare (our “Website”);
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The services (“Services”) made available through our Website.
The non-medical business support services and our Website are collectively referred to as our “Platform.”
Persona provides online telehealth clinical consultations, services, and/or treatment. The professional healthservices provided through the use of our Platform are collectively referred to in this Terms of Use as the “Services.”
By click signing this agreement, you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy provided to you by Persona. If you do not agree to be bound by these Terms of Use, our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.
The Terms of Use and Privacy Policy may change at any time, with any changes being posted on the Site. By continuing to use the Site after such a posting, you agree to the updated Terms and Privacy Policy.
Privacy Practices
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use.
Services Provided – No Medical Care or Advice
Persona is not a medical group and does not provide medical advice, care, and/or treatment. Persona provides administrative and management services. Nothing stated or posted on the Platform is intended to be the practice of medicine, or other professional services. For purposes of these Terms of Service, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnoses, prognoses, or advice.
Any teleconsultation obtained through our Platform are provided by Providers. The Providers deliver clinical services via the Platform to their patients. Persona does not provide medical or health advice or care, own or operate the medical or paramedical practices, employ or in any way supervise the practitioners providing medical or paramedical care, and the care provided is the sole responsibility of the Providers. Services and practices may vary across Providers, and patients should contact the Providers directly for all questions concerning their health care.
Not For Emergencies
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call the emergency number in force at your country immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
Risk of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Prescription Policy
Certain products recommended require a valid prescription by a licensed healthcare provider. You will not be able to obtain certain products unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy, through a virtual pharmacy platform, or directly from the virtual platform of a specific brand of your choice as prompted during your use of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
No Third Party Rights
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Persona, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Persona and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Persona, and its affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.
Not For Emergencies
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call the emergency number in force at your country immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
Risk of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Availability of Services
Access to and use of the Platform is available Worldwide.
Not an Insurance Product
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Ownership of the Platform
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Persona, its licensors or other providers of such material and are protected and copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Persona without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Persona.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Persona. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Prescription Policy
Certain products recommended require a valid prescription by a licensed healthcare provider. You will not be able to obtain certain products unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy, through a virtual pharmacy platform, or directly from the virtual platform of a specific brand of your choice as prompted during your use of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
Access to Platform, Security, and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. Persona will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Persona at any time with or without cause. You agree to defend, indemnify, and hold Persona harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Persona that you have the legal right and authorization to provide all User Information to Persona for use as set forth herein and required by Persona.
Persona may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Persona may disclose, aggregate, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
No Users Under 18 Years Old
In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us .
Your Account
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
Online Payments
You can purchase Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform. If you elect to purchase a Service, then the total price you pay includes the amount charged by Persona for the Service.
Subscription Terms
Persona offers different Plan Options, each with a different scope of services and fees. You must select your desired Plan Option from the available list on Persona's website. The terms of your selected Plan Option can be found on Persona’s website. Plan Options may change from time to time, and you will receive at least thirty (30) days’ advance notice of such changes. However, you are entitled to the full scope of your Plan Option as it existed as of the effective date of your current Plan Term for the duration of such Plan Term. For any subsequent Renewal Term, you may accept the revised Plan Options (which may include changes in the Plan Fee) or reject such changes and terminate your Plan.
The initial payment must be made before your Plan commences. Once paid, your Plan Fee is non-refundable.
A Membership of 4 months, 6 months and 1 year is available as part of the Plan Options.
In order to participate in the Membership, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow Persona to securely store your credit / debit card information. You have the right to revoke this authorization, if you do so, you commit to pay the number of sessions used at the price of a single consultation for the first consultation and follow up consultations until date of revokation. You understand that your Membership may be cancelled or as deemed appropriate, suspended if you revoke this authorization.
Depending on the Membership Option, you selected, the initial term of this Agreement will be for 4 months, 6 months or 1 year, beginning on the date Persona receives your initial Membership Fee payment. This Agreement will NOT be automatically renewed for successive equal periods. You will be notified in, not less than thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, to renew your Agreement or select another Plan Option manually.
Links to Other Sites
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Persona website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Persona website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Persona shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Platform. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders placed for a Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
Notice and Procedure for Making Claims of Copyright Infringement
To file a notice of infringement with us, please provide the following information to the Persona designated copyright agent listed below:
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A description of the copyrighted work or other intellectual property that you claim has been infringed.
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A description of the material that you claim is infringing the copyrighted work listed in item #1.
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An address, telephone number, and an email address where the alleged infringing party can contact you.
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The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
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The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
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Your electronic or physical signature.
Please send notifications of infringement and counter notifications to the designated agent at:
Email: care@persona.healthcare
Consent to Receive Calls, Text Messages, and Audio and/or Video Recording
By providing your mobile number, you are agreeing to be contacted by or on behalf of Persona at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
Persona or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
Electronic Communications
When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Persona, and your Provider may contact you by telephone, mail, or e-mail to verify your information. Persona, and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
External Services
The Platform may enable access to Persona’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Persona or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Persona or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.