Terms and Conditions

CONSENT TO USE ELECTRONIC COMMUNICATIONS

H.E.A.T Enterprise (AKA “H.E.A.T Academy”) is a web application which store all Health & Wellness data on a secure cloud-based platform. During the process of development of this technology, the following means of electronic communication may be used for the benefit of H.E.A.T Members and Providers:

Email
Videoconferencing (including Skype®, FaceTime®)
Text messaging (including instant messaging)
Website/Portal

APPENDIX
Risks of using electronic communication:
H.E.A.T Enterprise will use reasonable means to protect the security and confidentiality of information sent and received between Members and Providers. However, because of the risks outlined below, H.E.A.T Enterprise cannot fully guarantee the security and confidentiality of electronic communications:
• Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.
• Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
• Employers and online services may have a legal right to inspect and keep electronic communications that pass through their system.
• Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings.
• Electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the Physician or the patient.
• Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a
computer system.
• Electronic communications may be disclosed in accordance with a duty to report or a court order.
• Videoconferencing using services such as Skype or FaceTime may be more open to interception than other forms of videoconferencing.

If the email or text is used as an e-communication tool, the following are additional risks:
• Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients.
• Email, text messages, and instant messages can be easier to falsify than handwritten or signed hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.

Conditions of using the Software
• This SaaS Software platform should NOT be used for medical emergencies or other time-sensitive matters.
• Electronic communication is not an appropriate substitute for in-person or over-the-telephone communication or clinical examinations, where appropriate, or for attending the Emergency Department when needed. You are responsible for following up on the Software’s electronic communication and for scheduling appointments where warranted.
• The Provider will not forward electronic communications to third parties, including family members, without your prior written consent, except as authorized or required by law.
• This Software should NOT be used for therapeutic purposes or to communicate critical clinical information. Where applicable, the use of this Software will be limited to education, information, and administrative purposes.
• H.E.A.T Enterprise is not responsible for information loss due to technical failures.
• Ensure the Provider is aware when you receive an electronic communication from them, such as by a reply message or allowing “read receipts” to be sent.
• Take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords.
• If you require immediate assistance, or if your condition appears serious or rapidly worsens, you should not rely on this Software. Rather, you should call your Physician’s office or take other measures as appropriate, such as going to the nearest Emergency Department or urgent care clinic.

PATIENT ACKNOWLEDGMENT AND AGREEMENT:
I acknowledge that I have read and fully understand the risks, limitations, conditions of use, and instructions for use of this Software and the electronic communication described in this consent form. I understand and accept the risks outlined in the Appendix to this consent form, associated with the use of the Software in communications with the Provider and H.E.A.T Administrators. I consent to the conditions and will follow the instructions outlined in the Appendix, as well as any other conditions that H.E.A.T Enterprise may impose on communications with members using the Software.
I acknowledge and understand that despite recommendations that encryption software be used as a security mechanism for electronic communications, it is possible that communications with the Providers and H.E.A.T Administrators using this Software may not be encrypted. Despite this, I agree to communicate with the Providers and H.E.A.T Administrators using this Software with a full understanding of the risk.                                                                                                                                                                                   I hereby, waive the right to take any legal action against H.E.A.T Enterprise, its Administrators, and the Providers in case there is any leakage of my personal and/or health information as a result of cyber attacks or any other form of interception of the electronic communication. I acknowledge that I may, at any time, withdraw the option of communicating electronically through the Software upon providing written notice.

 

Electronically signed,
Member or Provider