Statement of agreement
By accessing, downloading and using BRAINPROFILING, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using BRAINPROFILING particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.
ANY PARTICIPATION IN BRAINPROFILING WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
BrainProfiling Health, Inc. (“us,” “our”, “we,” or “BrainProfiling”)or (the “app” the “Site”) and related websites, applications, services and mobile applications provided by BrainProfiling is posted or referenced (collectively, the “Services”).
This BrainProfiling application and its components are offered for INFORMATIONAL PUPOSES ONLY; this BrainProfiling application shall NOT be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the BrainProfiling application, and shall not be responsible or liable for any error or omissions in that information.
User Responsible for All Posts, actions and Communication. Neither BRAINPROFILING nor its affiliates are under any obligation to respond to messages posted to this site. If you post any information or material to this website you are responsible for such information or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to this website/ application. We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our Users of any material that is alleged not to conform to the terms of these terms and conditions, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions.
Forbidden Uses of BRAINPROFILING Application
All Users expressly agree not to post any material that:
- Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
- Infringes on the copyright or any other proprietary right of a third party;
- Would invade the privacy of any other person;
- Is intended to advertise to or solicit others without our express permission;
- Constitutes charity solicitations, chain letters or pyramid schemes;
- Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
- Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
- Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or
- Interfere with another User's use and enjoyment of the website.
Medical Lega liability
YOU ACKNOWLEDGE THAT YOU ARE USING BRAINPROFILING AT YOUR OWN RISK. BRAINPROFILING IS PROVIDED TO YOU “AS IS” AND WE AND OUR AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY BRAINPROFILING. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO BRAINPROFILING WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE WILL BE TRANSMITTED ON OR THROUGH BRAINPROFILING. ACCORDINGLY, BRAINPROFILING ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OFBRAINPROFILING.
NEITHER BRAINPROFILING NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) ALLEGEDLY SUSTAINED OR ARISING OUT OF THESE TERMS, THE PROVIDING OF BRAINPROFILING SERVICES OR PRODUCTS HEREUNDER, THE SALE OR PURCHASE OF ANY SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS BRAINPROFILING, INCLUDING DAMAGES FOR VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE ALLEGED TO HAVE BEEN OBTAINED FROM OR THROUGH BRAINPROFILING, YOUR USE OF OR RELIANCE ON BRAINPROFILING OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON BRAINPROFILING, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE BRAINPROFILING AND ITS AFFILIATES FROM SUITS, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF BRAINPROFILING.
BRAINPROFILING DOES NOT PROVIDE MEDICAL ADVICE
BRAINPROFILING is neither a physician nor a medical practice. It does not practice medicine, nor seek to practice medicine. Similarly, BRAINPROFILING is neither a psychologist, nor any other kind of mental health or behavioral Health Professional, nor a mental health practice. In providing Terms to Health Professionals and to Patients, BRAINPROFILING does not enter into a physician-patient relationship with anyone, nor a psychologist-patient or therapist-patient relationship with anyone, nor does it offer medical advice or mental health or behavioral health advice to anyone.
BRAINPROFILING is not in any way a partner of any Health Professional, nor a member of any Health Professional’s group, nor in practice nor in business with any Health Professional. BRAINPROFILING has no power to hire Health Professionals. You agree that You are not, under this Agreement, an employee or agent of BRAINPROFILING. BRAINPROFILING may terminate any agreement it has with any Health Professional, but otherwise has no authority to discipline, fire or terminate Health Professionals. In particular, BRAINPROFILING has no authority to influence, much less control, how Health Professionals practice, nor does it seek to acquire any such authority. On the contrary, BRAINPROFILING recognizes, and by installing, downloading, registering with, or in any way using BRAINPROFILING, You also recognize, that Health Professionals are professionals authorized and obligated to exercise their own independent professional judgment in the education of Consumers and in the care of Patients, and BRAINPROFILING has no authority, nor any obligation, nor does it seek any such authority or obligation, to play any role in making any such judgments. BRAINPROFILING does not provide insurance or insurance advice.
The educational purpose of BRAINPROFILING is to provide an online tool for Health Professionals to meet and provide Consumers with information about health and healthcare. BRAINPROFILING does this by licensing its online platform to Health Professionals who conduct scheduled real-time online information sessions with Consumers who have signed up for the service. We do not provide this service as a means for Us to practice medicine or for You to care for Patients. Rather, we provide it to enable You to educate Consumers about matters falling within Your expertise.
Through BRAINPROFILING, Consumers will be able to ask questions and otherwise seek information from You as a Health Professional. Communications between You and the Consumer using BRAINPROFILING for educational purposes are not and are not intended to be a substitute for professional medical or mental health advice, diagnosis, or treatment. If You decide to use BRAINPROFILING to educate Consumers, You agree that You will advise the Consumer utilizing BRAINPROFILING for educational purposes to seek the advice of his or her own physician or psychologist or other qualified health care provider regarding any questions the Consumer may have with respect to a medical condition or health problem. You also agree that You will advise the Consumer never to disregard professional medical or mental or behavioral health advice or delay in seeking it because of information You have provided through BRAINPROFILING. You also agree that You will advise the Consumer that reliance on any information You provide through BRAINPROFILING is solely at the Consumer’s own risk.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE INFORMATION PROVIDED BY YOU THROUGH BRAINPROFILING IS FOR EDUCATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, TREAT OR MITIGATE DISEASE OR INJURY OR ANY MEDICAL OR HEALTH CONDITION, OR TO CONSTITUTE MEDICAL ADVICE OF ANY KIND.
BRAINPROFILING IS NOT INTENDED FOR USE IN EMERGENCIES. IF YOU THINK A CONSUMER WITH WHOM YOU ARE COMMUNICATING THROUGH BRAINPROFILING MAY HAVE A MEDICAL EMERGENCY, YOU AGREE THAT YOU WILL INSTRUCT THAT CONSUMER TO CALL HIS OR HER HEALTH PROFESSIONAL OR THE APPROPRIATE EMERGENCY CONTACT NUMBER IN YOUR LOCATION.
By signing in and using BrainProfiling in any mode or condition the clinicians and users are aware and agree that In NO case or condition, dose BrainProfiling constitute a medical diagnosis or treatment apparatus it is solely a decision support system for clinicians and users. BRAINPROFILING dose no replace medical procedures and thus not liable to any claim of medical malpractice or other responsibility in the medical and non-medical fields.
Clinicians using the BrainProfiling application declare their clinical identity upon registration and all users are responsible for any false identification, and will abide any legal procedure related to Froude due to registration under false premises. BrainProfiling is not responsible for regulating and screening professional clinicians and users for authentication of clinical registration qualification or any other professional regulatory act regrading clinicians and users. BrainProfiling is not liable for the identity and professionality of clinician users and other users.
YOUR DECISION TO OFFER DIAGNOSTIC OR THERAPEUTIC SERVICES OR BOTH THROUGH BRAINPROFILING IS, SUBJECT TO THE INFORMED CONSENT OF YOUR PATIENT, SOLELY YOURS TO MAKE. BRAINPROFILING IS NOT QUALIFIED TO NOR DOES IT ATTEMPT TO MAKE SUCH DECISIONS FOR YOU OR FOR ANYONE ELSE.BRAINPROFILING HAS NO PATIENTS OF ITS OWN AND PLAYS NO ROLE IN THE MANAGEMENT OF ANY PATIENT, NOR DOES IT SEEK TO NOR IS IT QUALIFIED TO. THE LAWS AND REGULATIONS FOR OBTAINING YOUR PATIENT’S INFORMED CONSENT VARY BY JURISDICTION. FROM EACH PATIENT TO WHOM YOU PROVIDE SERVICES, YOU ARE RESPONSIBLE FOR OBTAINING INFORMED CONSENT UNDER THE RELEVANT LAWS OF YOUR JURISDICTION. BRAINPROFILING IS NOT.
HEALTH PROFESSIONAL CODE OF CONDUCT
In using BRAINPROFILING you are responsible for your identification credentials and professional licensing BrainProfiling has no regulatory capabilities regarding your professional licensing and qualifications and thus is not liable for any imposter activity or fraud related to users professional credentials. In using BRAINPROFILING, whether for educational or for clinical purposes, You agree to comply at all times with the following code of conduct. The following does list does not constitute evidence of an employment agreement.
- You must use an iPhone/iPad/Android Phone/Android Tablet/Webcam with a high quality Internet connection, namely Wifi or at a minimum 4G/LTE Cellular connection, for conducting educational sessions with Consumers or to diagnose or treat Patients. You are responsible for ensuring that Your Internet connectivity meets these specifications prior to using BRAINPROFILING services.
- You must refrain from any conduct that in Your relevant jurisdiction is deemed to be unprofessional.
- You are responsible for record-keeping, including charting of clinical services.
- You must conduct all sessions in a quiet and private environment.
- You must act in a respectful and professional manner.
- You must be dressed professionally.
- You must identify Yourself, and require the Consumer or Patient to identify himself or herself and to state his or her location.
- You must require the Consumer or Patient to state his or her age.
- You must require the Consumer or Patient to identify anyone else who may be present in the room where he or she is located.
- .Although You are at liberty to change Your Standard Rate at any time, once You establish Your Standard Rate You may not charge different Patients or Consumers different rates until such time as You revise Your Standard Rate again.
- You must provide Consumers or Patients with as much information as necessary to comply with all legal requirements pertinent to informed consent in the relevant jurisdiction(s), and document having done so.
- You must be available to the Consumer or Patient for the entire length of the purchased session.
- If You must cancel or are unable to attend an appointment at any time before the start of a given session, You must give the Consumer or Patient options to reschedule with You.
- If You or the Consumer or Patient has an Internet or power failure, You must either reschedule or wait for up to 5 minutes for the Consumer or Patient to call back.
- YOU MUST GIVE CONSUMERS AND PATIENTS AT LEAST 10 MINUTES’ NOTICE IF YOU CANNOT MAKE A SCHEDULED APPOINTMENT.
- If You are 10 minutes late, You may not charge the Consumer or Patient.
- If the Consumer or Patient cancels more than 24 hours before the appointment, You may not charge the Consumer or Patient. If the Consumer or Patient cancels within 24 hours of the appointment, You may charge for 10 minutes at Your Standard Rate for the cancelled appointment.
- If the Consumer or Patient is late, but the session begins within 5 minutes of the scheduled appointment time, and there is time remaining, You must fill the rest of the scheduled appointment time with the Consumer or Patient.
- You must identify and comply at all times with all applicable laws and regulations.
- You may not rely on BRAINPROFILING to identify any applicable laws or regulations, nor rely on BRAINPROFILING to determine what you must do to comply with any of them.
- You agree to use BRAINPROFILING for lawful purposes only and You acknowledge that Your failure to do so may subject You to civil or criminal liability or both and to termination of Your privilege to utilize BRAINPROFILING.
Data and Privacy
Some of the Services require us to know who you are so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes some of the following categories of information: (1) contact data (such as your email address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) medical data (such as the doctors or other health care providers (“Healthcare Providers”) you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us), and (5) other information that you voluntarily choose to provide to us, including without limitation SSN, unique identifiers such as passwords, and Personal Information in emails or letters that you send to us. You may still access and use some of the Services if you choose not to provide us with any Personal Information, but the features of the Services that require your Personal Information will not be accessible to you.
We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.
We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent and share this information with our business partners for the sole purpose of providing the Services to you.
We collect information, including Personal Information and Traffic Data, when you use and interact with the Services, such as:
When you use the Services’ interactive tools and services, such as searching for Healthcare Providers, searching for available appointments with Healthcare Providers and completing medical history forms ("Medical History Forms") prior to Healthcare Provider appointments;
When you voluntarily provide information in freeform text boxes through the Services and through responses to surveys, questionnaires and the like;
If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets BrainProfiling know when you are logged on and available to receive update or alert notices. We also may collect information about you through cookies, web beacons, website analytics services and other tracking technology. When you use the “Contact Us” function on the Site, send us an email or otherwise contact us. We also may collect information about you from third party sources. We may share your Personal Information with Healthcare Providers with which you choose to schedule through the Services. For example, if you elect to complete a Medical History Form using the Services in advance of an appointment, we may share your Medical History Form with your Healthcare Providers. You also may choose to store but not share with BrainProfiling your Medical History Form.
We may share your Personal Information with your Healthcare Providers to enable them to refer you to and make appointments with other Healthcare Providers on your behalf or to perform analyses on potential health issues or treatments, provided that you choose to use the applicable Services. We may share your Personal Information with Healthcare Providers in the event of an emergency. We may also share your Personal Information with organizations that collect, aggregate and organize your information so they can make it more easily accessible to your Healthcare Providers. We may share your email address with our business partners to enable them to help BrainProfiling customize our advertising, e.g., to enable us to contact you on non- BrainProfiling websites. We do not sell email addresses to third parties. We may share your Personal Information and Traffic Data with our business partners who perform core services (such as hosting, billing, fulfillment, data storage or security) related to our operation of the Services and/or by making certain features available to our users. We may share with the insurance provider you identify to us (via our business partners) your insurance related Personal Information for the purposes of determining eligibility and cost sharing obligations, and otherwise obtaining benefit plan information.
We may share your Personal Information and Traffic Data with our business partners who perform the Website analytics set forth in Section 4.1 (Tracking Tools).
We may transfer information about you, including your Personal Information, to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of BrainProfiling (whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
We also may need to disclose your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of BrainProfiling or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates thirdparty rights. We may disclose information that is neither Personal Information nor PHI (including non PHI Personal Information that has been identified and/or aggregated) for any reason at our sole discretion. We store and process your information on our servers. We may store all information indefinitely.
The security of your Personal Information is important to us. We endeavor to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and in storage.
Intellectual Property Retention
BRAINPROFILING content is protected under IP laws. By using BrainProfiling and you agree to abide the prohibition of using any drowning design algorithm and any other feature of BrainProfiling as intellectual property of BrainProfiling solely and any independent unauthorized usage copy modified copy and any other infringement of intellectual property rights will become users responsibility open to legal actions taken against you.
The Service Agreement can be terminated under the following circumstances:
- termination for breach
- termination by the department (on certain specified grounds)
- termination without fault.
These processes are described below:
Termination for breach. If the BRAINPROFILING or the department is in breach of the Service Agreement, written notice will be provided to the party alleged to be in breach requiring that party to remedy the breach within thirty days of receiving the notice. If the breach is not satisfactorily remedied within thirty days, the party who gave notice may immediately terminate the Service Agreement by giving written notice.
The dispute resolution process (clause 11) can be entered into at any time during this process (see chapter 3.11).
Termination by the BRAINPROFILING. The Service Agreement can be terminated immediately if:
1.the BRAINPROFILING becomes insolvent
2.in case of an individual, the BRAINPROFILING becomes bankrupt, mentally incapacitated, dies, is incapacitated through illness for more than thirty days or is convicted of a crime punishable by imprisonment
3.the BRAINPROFILING has a change in control (being a change in any person who directly or indirectly exercises control over the BRAINPROFILING), which the department reasonably believes would negatively affect the BRAINPROFILING’s ability to comply with the Service Agreement
4.the BRAINPROFILING commits a serious or material breach of the Service Agreement, which is not capable of remedy;
5.the BRAINPROFILING behaves in a way that the department considers may be contrary to prevailing community standards, or may be regarded by the public as unacceptable, or may be detrimental to the reputation of the department if it continued its association with the BRAINPROFILING; or
6.The BRAINPROFILING breaches an essential term of the Service Agreement. Essential terms of the agreement are clauses 3.1(e), 3.6, 4.4, 4.5, 4.6 and 4.7.
If the department does not receive sufficient funds from either the Victorian Parliament or the Commonwealth Government to finance the relevant program or the services, or if there is a change in Victorian Government policy that affects the program or the services, the department may also terminate the Service Agreement by giving the BRAINPROFILING at least three months’ written notice.
In these particular circumstances (i.e. where the Service Agreement is being terminated due to not receiving sufficient funding or a change in policy), the department will pay reasonable costs (other than loss of profit or income) necessarily incurred and substantiated by the BRAINPROFILING that arise directly from the termination.
The dispute resolution process (clause 11) can be entered into at any time during termination of the Service Agreement (see chapter 3.11).
Termination without fault.Either party may terminate the Service Agreement with no fault attributed to the BRAINPROFILING or the department. In this case the terminating party must provide at least three months’ written notice to other party. Where this occurs, the party electing to terminate will pay the reasonable costs of the other party that arise directly from the termination. The total amount payable by the department on termination without fault will not exceed the total amount of funding that would have been payable under the Service Agreement if it had not been terminated (less any amount already paid under the Service Agreement).