INTRODUCTION & ACCEPTANCE OF TERMS
These terms and conditions ("Terms") are an agreement between you or an individual or entity you represent ("you" or "your) and Transparent Health Plans Corp., a New Jersey corporation ( hereinafter referred to as "THP,” "we," “our,” or "us"). You must read, agree to and accept all of the terms and conditions contained in these Terms in order to use the website www.transparenthealthplans.com operated by THP (“Website”). The Website sells vouchers that can be redeemed for medical services offered by licensed healthcare professionals, pharmacies, labs, and various healthcare facilities.
To the extent permitted by applicable law, we may, at any time, amend these Terms without prior notice to you, by posting a revised version of the Terms and/or sending you a notification about changes made. Any revisions to these Terms will take effect when a revised version is posted on the Website or a notification is sent unless otherwise stated. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and (b) agreement to be bound by any such revised terms and conditions. In the case of any violation of these Terms, THP reserves the right to seek all remedies available in law and equity for such violations.
If you agree to these Terms on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual to these Terms. In that event, "you" or "your" will refer and apply to that entity or individual.
The following definitions, as used in these Terms, shall have the meanings specified below unless defined otherwise elsewhere "I" in these Terms.
(a) “ Broker” shall mean an entity or individual promoting THP and THP’s services to the public.
(b) “ Content” shall mean any and all content (including, but not limited to, descriptions, text, images, logos, videos) that you upload to the Website or otherwise provide to THP for publication on THP Platform.
(c) “Plan” shall mean a set of several Vouchers that are not changeable or refundable. When you purchase a Plan, any unused Vouchers will lose its value after its expiration date if not redeemed prior to such expiration date.
(d) “Service Provider” shall mean (i) a physician, therapist, physician assistant, nurse, chiropractor, lab technician, or any other medical personnel duly licensed or authorized to provide medical services in their respective fields, or (ii) an entity which employs physicians, therapists, physician assistants, nurses, chiropractors, lab technicians, or any other medical personnel duly licensed or authorized to provide medical services in their respective fields.
(e) “Service(s)” shall mean any medical service or services (except for emergency services), medication, and DME (durable medical equipment) listed on the Website.
(f) “Voucher” shall mean a certificate proving payment for a Service/Services; the Voucher is to be exchanged for such Service/Services at one of the Service Providers listed on the Website.
(g) “Patient” shall mean an individual or an entity willing to purchase Services listed on the Website.
YOUR ACCOUNT AND IDENTITY
Your Account. In order to get full access to the Website either as a Patient, Broker, or Service Provider, you will need to (i) register for an account (“Account”) and (ii) provide certain information about yourself, as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Website does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. THP has the right to suspend or terminate your Account and these Terms if you violate any provision of the Terms. If you wish to terminate these Terms, contact THP.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Website. THP cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that THP’s account security procedures are commercially reasonable. You agree to immediately notify THP in the event of any unauthorized use, suspected unauthorized use, of your Account or any other breach of security.
Effect of Termination. Upon termination of these Terms, your Account will be inactivated and all unused Vouchers will be voided (no refund will be issued).
PERMITTED AND PROHIBITED USES OF WEBSITE
Permitted Use of Website. THP authorizes you to view and download the materials available on the Website only for your personal, non-commercial use. You acknowledge and agree that all materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and that any unauthorized use of the materials may violate such rights and laws.
Prohibited Use of Website. The right granted to you in the present Terms is subject to certain restrictions. You agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack);(d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); (e) interfere with another user’s use and enjoyment of the Website, or (f) access the Website for the purpose of building a similar or competitive service.
Your Content. You are solely responsible for Content you provide to THP, including its accuracy, completeness, or usefulness by others. You hereby represent and warrant to THP that: (i) you have obtained all rights, licenses, consents and permissions necessary in order to authorize THP to use such Content including, without limitation, to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Content, and each and every part thereof, on, through or via the Website at all times until these Terms are terminated.
You hereby agree not to provide THP with or upload any Content (a) that violates 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; (b) that is tortious, trade libelous, defamatory, false or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene or offensive or that contains pornography, nudity or graphic or gratuitous violence or that promotes violence, racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation or contractual obligations.
FOR PATIENTS ONLY
Voucher Holder. A Patient may purchase a Voucher for himself/herself or anyone else. Every Voucher will have a name printed on it making such an individual a voucher holder (“Voucher Holder”). Only the Voucher Holder, whose name is written on a Voucher, is entitled to receiving Services specified on the Voucher. A Voucher may not be transferred from one person to another. Being a Voucher Holder is subject to eligibility requirements. Eligibility provision below). If Voucher Holder is a minor, he/she must be accompanied by his/her legal guardian when redeeming Vouchers for Services at one of the Service Providers listed on the Website.
Not for Emergency Situations. Vouchers cannot be redeemed if a Voucher Holder is having a medical emergency. If a Voucher Holder is experiencing a medical emergency, dial 911 or local emergency number immediately.
Redeeming Services. Prior to redeeming any Services listed on a Voucher, a Voucher Holder (or its legal guardian) must contact and make an appointment with one of the Service Providers listed on the Website and then click on the “Redeem” button in the Patient’s Account next to the Voucher which needs to be redeemed.
Before making a purchase on the Website, THP highly recommends a Patient to check the Service Providers in Voucher Holder’s area via the Website and call them to learn about their availability. Any Service Provider has the right to terminate his or her participation on the Website, therefore, should such cases arise, a Patient will need to choose another Service Provider from the Website.
When a Voucher Holder redeems a Voucher in exchange for Service(s), the Patient agrees to assign benefits (value of the Voucher) to eligible Service Provider who will render such Service(s). Patient and Voucher Holder agrees not to assign benefits of any of their health insurance plans (if any) to such Service Provider for those Services.
If a Service Provider recommends a Voucher Holder an additional medical service not written on the Voucher, the Voucher Holder or Patient may, at their own discretion, buy that service directly from the Service Provider, a third party, or THP’s Website (if available). A Service Provider may only perform an additional service by getting consent from the Voucher Holder (or his/her legal guardian) and after explaining him/her (or his/her legal guardian) his/her financial responsibly.
THP is not affiliated with any such Service Providers and is not responsible for the quality of Services they provide. Patient or Voucher Holder has the right to ask for appropriate licenses and credentials from Service Providers before redeeming Services and to leave an honest review on our Website about Service Providers and Services received.
Other Prohibited Uses of Vouchers. A Voucher cannot be used (i) to redeem medical services, DME(durable medical equipment) you received or medication you obtained in the past, and (ii) in lieu of insurance deductibles, co-pays, coinsurance, or any leftover balances for any services not covered by the Voucher.
Expiration of Vouchers. Each Voucher will expire 365 days after the date of purchase if not redeemed for Services prior to its expiration date. Expired Vouchers have no value and cannot be redeemed for Services.
Return Policy. A Voucher has no cash value. If the Patient purchases one of our Plans, which consists of several Vouchers, neither Voucher in such Plan can be returned or exchanged for other Vouchers. However, if a Patient buys a Voucher outside of a Plan, any such individually purchased Voucher may be exchanged, within 30 calendar days of purchase, for credit amounting to the value of the initial purchase, provided that such Voucher was not redeemed (in other words, if the Patient did not click on “Redeem” button next to the Voucher on the Website). Such credit may be used to purchase other Vouchers on the Website, however, the Voucher Holder will stay the same. All returns can be completed on the Website in the Patient’s Account.
Written Orders for Some Services. Some services may require a written order from a licensed physician, for example, to be able to get an MRI or surgery. It is the Patient’s sole responsibility to check, on the Website, if there are any prerequisites to receiving a Service, prior to any purchase.
Eligibility. In order to qualify for medical services sold on the Website, a Voucher Holder must not be enrolled in any federal or state-funded healthcare programs or use such programs to purchase any Voucher on the Website. This Website is only to be used in connection with the purchase of medical services that are not to be reimbursed by any state or federal healthcare programs (including Medicare or Medicaid). Thus, no service received as a result of the use of this Website is eligible for reimbursement by any federal or state healthcare program. Therefore, Patient represents and warrants that (i) no Voucher Holder, who Patient will purchase a Voucher for, is a beneficiary of a federal or state-funded healthcare program and (ii) Patient and any such Voucher Holder understand that no service purchased on this Website is eligible for reimbursement by a federal or state-funded healthcare program.
OWNERSHIP OF INTELLECTUAL PROPERTY
We and our licensors (if any and where applicable) own all right, title, and interest, including all related intellectual property rights, in and to the Website. Our name, logo, and other names associated with the Website belong to us and no license of the right to use them by implication, estoppel, or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
HIPAA COMPLIANCE AND YOUR CONFIDENTIAL INFORMATION
All of the Service Providers listed on the Website are bound by the rule not to disclose your individually identifiable health information (“PHI”), as defined in and subject to protection under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated pursuant thereto (“HIPAA”). THP does not ask you to disclose any PHI to us and you agree not to disclose any PHI to THP or any Broker associated with THP. Any such disclosure is at your own risk.
COMPLAINTS AND PUBLIC REVIEWS
Each Voucher Holder (or his/her legal guardian) has the right to leave an honest consumer assessment of Services (“Review”) on the Website. We reserve the right to remove any Review from the Website that: (i) contains confidential or private information such as financial or medical information (PHI), (ii) is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristics, (iii) is unrelated to Service Providers and/or Services or Broker, or (iv) is clearly false or misleading.
Moreover, each Voucher Holder has a right to file an official complaint if such Voucher Holder is unsatisfied with any Broker or Service Provider, appropriateness of Services rendered, timeliness of Services rendered, availability of Services, delivery of Services, prescription of Services, denial, reduction, and/or termination of Services, disenrollment, or any other performance by a Service Provider. ? All official complaints must be mailed directly to the Broker or Service Provider in question.
LIMITATION OF WARRANTIES
THP gives no warranty as to the accuracy, content, timeliness, completeness, reliability, quality, or suitability of any Content published on the Website. In other words, the Website and all information, materials, included on or otherwise made available to you are provided on an “as is” and “as available” basis. THP does not warrant that your access to the Website will be uninterrupted or that the Website will be free of errors, typos, viruses, or other harmful components. Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means for receiving any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website. Notices hereunder shall be invalid unless made in writing and given (a) by THP via email (to the email address that you provide), (b) a posting on the Website or (c) by you via submission to such other email addresses as THP may specify on the Website. The date of receipt will be deemed the date on which such notice is transmitted.
Indemnification. You agree to defend us, indemnify us, and hold harmless THP, its subsidiaries, affiliates, officers, agents, employees, contractors, representatives, and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to (i) your use of a Voucher, (ii) your use of Services, or (iii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Governing Law. These Terms shall be governed by the laws of the State of New Jersey, USA and you agree that the courts located in New Brunswick, Middlesex County, NJ, USA shall have exclusive jurisdiction in any dispute. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.