‘We’ ‘us’ and ‘our’ as used in this ‘Terms’ represent Kinder Pediatric Urgent Care and any affiliated entities.
Please read this in its entirety.
By using our site, app or online service, you acknowledge that you have read the terms and understood/agreed to the conditions, obligations and/or rights contained in the ‘Terms and Conditions of Service’ and have agreed to adhere to them.
This agreement is legal and binds you, Kinder Pediatric Urgent Care Management Group, LLC, New York and its business associates and authorized affiliates and agents.
You have agreed to adhere to this ‘Terms and Conditions’ as long as you continually use our website or online applications and services (including mobile apps and SMS services). There are ‘Terms’ applied to each and every of our ‘Online Services.’
However, if you do not wish to adhere to or be bound by our ‘Terms,’ then you must not visit, download or use any of our ‘Online Services’. You must also expeditiously uninstall any/every of our applications that are on your devices.
1. SPECIAL SECTIONS:
Text Messaging: Section 7 is applicable if you request to receive text messages from us.
2. AUTHORIZED USERS OF OUR ONLINE SERVICES:
To use our online services, you must be 18 years and above. If not, you can only make use of our online services if given express permission by your parent(s) or legal guardian. Except these conditions are met, you must discontinue the use of our online services. You must have known that our Online Services use personal identification to help discover minors (individuals under 18 years of age). However, if you are using our online services on behalf of a minor, you reserve the full rights to completely accept our ‘Terms and Conditions’ in order to continually enjoy the many benefits that come with our service. You are to provide us with required information about the minor. Any contrasting form of usage constitutes an infringement and violation of our (Kinder Pediatric Urgent Care) rights and intellectual property. There may be a request from us that you open and use a special account with us to enable you enjoy certain of our online services.
3. ONLINE SERVICE ONLY; NOT MEDICAL APP/ADVICE:
It must be noted that our Online Service is not a medical app neither is it designed to communicate any medical advice. It shouldn’t be used as an accessory to any kind of regulated medical device. It should be seen as a mobile platform and not any form of regulated medical or healthcare device. Agreeing to our ‘Terms’ means that you agree that our online services should not and must not be used for any of the following: (i) diagnosis, treatment, cure or mitigation of any form of disease or conditions; (ii) prevention of any disease or alteration of the normal human bodily functions. By implication, here is your agreement in details:
**Any medical advice or related advice provided by the Online Services are faulty and mainly for informational purposes only. Under no circumstance should the medical information provided on the Online Services be used for the diagnosis or treatment/management of any medical condition. The online service does not render any medical diagnosis or treatment and does not automatically classify you or a minor as a patient under Kinder Pediatric Urgent Care healthcare. The online service and the data it provides does not in any way create any patient/doctor relationship or any form of relationship with you or anybody else.
Accepting this ‘Terms’ means you agree that you will only seek and acquire medical diagnosis and treatment directly from a doctor that is involved in you or a minor’s care. Any form of online medical and health tips including blog articles and even tips on the ‘Dear Dr. Christina’ column are only for informational purpose only and not to be relied upon for any form of diagnosis or treatment of any condition whatsoever.
**In cases of an emergency, you must not rely on the online service. You must contact medical personnel of Kinder Pediatric Urgent Care that is responsible for you or your minor’s healthcare or contact the local 911 or the nearest hospital.
Physicians and other professional bodies that are in affiliation with us (Kinder Pediatric Urgent Care) have the license to practice their trade on the locations that are published on our website at www.kinderpeds.com. You should understand that our online services does not intend to and will not ask for patients from any state not on the list.
**Furthermore, your agreement with this ‘Terms’ implies that you have agreed to indemnify or defend Kinder Pediatric Urgent Care and any entity that is in affiliation with us against or from any and every actions, claims, lawsuits, proceedings, related liabilities, damages, fines and penalties, costs or expenses and any dispute resolution fees incurred by us or any entity in affiliation with us due to your misuse of our online service or violation of any section of this ‘Terms.’
4. SCOPE OF YOUR LICENCE:
Kinder Pediatric Urgent Care offers you a personal, non-exclusive, limited, un-transferrable and revocable license to use the Online Services and its features for only the purposes they were designed. You may view, download and run a copy of our Online Services on any and every of your compatible devices as long as the use is in accordance with the purpose for which the Online Service was designed. You understand and agree that all or some of the features of our Online Services may not work properly on every device.
You agree not to do any of the following while using our Online Services:
Do not make our Online Services available over a network where different devices can gain unpermitted access to it at the same time.
Do not rent, resell, redistribute, lend, sublicense or act as a service bureau, or accord rights in the event of using the Online Services.
Do not attempt to copy, reverse engineer, obtain the source code of, decompile, modify or create derivatives of the Online Services wholly or partially.
Do not observe or interfere with any proprietary protocol that is used by our Online Services whether through an analyzer, a network or other devices.
Do not attempt the use of any virus, spider, bot, software lock, worms, Trojan horse routing, drop dead devices, clock, counter or any software or codes that will gain unauthorized access to or carry out surreptitious actions like to delete, modify, distort, disassemble or damage the Online Services or applications or any website organized or run by Kinder Pediatric Urgent Care or any of our established network infrastructure.
Do not use the Online Service as a form of any attack like denial of service attack on any entity.
Do not intentionally burden the network capacity.
Do not use the Online Service for infringement or violation of anybody’s right.
Do not provide us with any sensor data or any other form of data that you are not authorized or permitted to provide.
Any attempt by you to do any of the above will tantamount to a breach of this ‘Terms’ and you will be liable for any liability and claims as available under the law which may include ‘without limitation breach’ and infringement of ‘intellectual property.’
Any breach in these restrictions will make you liable to prosecution and payment of damages. This ‘Terms’ will control any upgrades or updates that may be made by us (Kinder Pediatric Urgent Care) as a supplement or total replacement of the Online Service.
6. PRIVACY INVOLVING COLLECTION AND SHARING OF DATA:
To use certain features of our mobile apps, you may need to enable our access to the data made available by your mobile device.
Take the ‘Save My Spot’ feature for instance. The feature collects and uses your geolocation data to find a Kinder Pediatric Urgent Care agent or entity closest to you and may also access your phone dialer to call a particular location. Some other available features may access your sensor data (camera, microphone, etc) or add events and appointments to your calendar. If you deny our apps access on your mobile devices, then these features may not work at all or may just work partially on your device. Kinder Pediatric Urgent Care disclaims any given warranty that any Online Service features will be available on any device.
7. PERMISSION TO BE SENT TEXT MESSAGES:
Some feature of our Online Services allows you to be sent text messages. The text messages may be to remind you of an appointment or appointment status. If you provide us with your phone number, it means you agree to the means of communication and the charges attached by your mobile carrier. However, if this doesn’t go down well with you, you could go back on this permission by contacting us via info@Kinderpeds.com
8. PAYMENT TERMS:
Download and usage of our Online Services is free of charge, except otherwise required. You may not be required to make any payments as regards unlocking any feature of our mobile apps as well as the unavailability of ‘in-app payments.’ Other Online Services may enhance the ease at which you pay for our services or products and are billed directly to the account you have with us, but not the mobile apps. If you permit any payment via the Online Services, then you have agreed to this ‘Payment Terms.’
According to this terms, making and confirming all necessary payments is solely your responsibility. We shall not be blamed in event of the Online Services not transmitting payments timely. We shall not also be blamed for any error, delays, omission, failure or interruption of any data or messages due to the flaws in the Online Service, network delays, internet outage, interception of data, alterations in third parties payment processors, restrictions from banks, or any form of ‘force majeure’ incidents that may cause the delay or failure of payments.
**If inability to pay your bills on time via the Online Service causes you to incur any penalties or fees, or be on the risk of a liability or other negative claims by government authority or any third party agencies, you agree to hold us (Kinder Pediatric Urgent Care) harmless from any and every responsibilities for the inability to pay.
9. SUSPENSION AND TERMINATION (OF YOUR ONLINE SERVICE ACCESS) AS REGARDS THIS TERMS:
We reserve the right to change, remove, suspend or totally terminate access to our Online Services at any given time without notice to you or any reason. In the event of this, we will incur no liability as well as any responsibility to you. We may also set limits to the use of the Online Service without any form notice and still not incur any liability or responsibility to you. Your license to the use of our Online Services and this ‘Terms’ remain valid until it is suspended or terminated by you or us.
If you disagree with this ‘Terms’ and all the obligations listed hereunder, you must discontinue the use of the Online Services or delete any mobile app that is related to our company (Kinder Pediatric Urgent Care) from your device. Failure to comply with this ‘Terms’ at any time will cause us to terminate your license of usage of our Online Services automatically without any prior notice from us. Continuous usage of the Online Services even after termination of your license may incur legal liability to us, which we may follow up to the fullest as is permitted by the law, whether it be money damages or injunctive relief at our own liberty. If your license of usage of the Online Service has been terminated, you shall cease to use the service and discard all (full or partial) copies of the Online Service or its features.
10. ONLINE SERVICE, ZERO WARRANTY:
**The Online Service and every data contained or presented is provided “as is” and “as available” and is subject to faults and hence without any form of warranty. You totally agree that your usage of the Online Service is at your own risk and that the risk regarding satisfactory quality, effort, accuracy and/or performance is all on you. Kinder Pediatric Urgent Care makes none and hence hereby disclaims any and all warranties as regards the Online Service, whether express, statutory or by implication, including but not limited to: Implied Warranties and conditions; of Merchantability, of efficient performance or quality, of accuracy or currency of an information(geolocational or others), of being a good fit for a purpose, of accuracy of driving directions, of functionality, of non-infringement, of serene enjoyment, of network connectivity, of availability, of network transmission, of access to the Online Service at different suitable times and locations, of quality of translations and of non-interference that the contained functions or services provided by the Online Service will meet your needs or standards, or be free of interruptions or errors, that the defects of the Online Service will be fixed or that the Online Service is virus and other harmful components free. No written document or oral data or advice by Kinder Pediatric Urgent Care or its affiliates shall represent any form of warranty.
**Some authorities disallow the exclusion of some implied warranties or limitations on statutory rights of a user/consumer, and hence some of the above limitations may not be applicable to you.
11. LIMITATIONS OF LIABILITIES:
**As granted by the law, Kinder Pediatric Urgent Care shall never be held responsible/liable for any personal injury or any indirect, direct, incidental, consequential, similar or special damages whatsoever, including but not limited to; damages for loss of sales/profit, data corruption/loss, loss of your device’s functionality, business interference/interruption or any similar damages/losses, due to your usage/non-usage of the Online Services, however caused, despite the Liability Theory (contract, tort, and otherwise) and if the service/application provider has been informed/advised on the likelihood of such damages.
** Some authorities do not grant liability limitations for personal, incidental or consequential injury/damages; hence these limitations may not apply to subjects of such authorities. We shall incur no liabilities to you as regards this ‘Terms’ or our Online Service as we provide you with the service for free. If we charge you for downloading, viewing or using our Online Service, then we are liable to pay all damages totaling but not exceeding “fifty United State dollars” ($50.00).
12. THIRD PARTY APPLICATIONS (CONTENT, MATERIALS AND SERVICES):
Here are the third party applications of the Online Service:
Enable your access to websites or platforms (especially social media) that are masterminded by third parties.
To make available, data and information from third parties or present links to third party websites or materials. The “Save My Spot” feature for instance, may use a third party material (service). The “Dear Dr. Christina” column may be inviting you to follow her on her social media pages (Facebook, Twitter, etc.).
You have to understand that ‘third party services and materials’ that may link you to other websites are made available to you for your optimum convenience. Using our Online Service implies that you are aware and agree that Kinder Pediatric Urgent Care is not responsible for calculating or evaluating, validity, accuracy, quality, decency, legality, availability, appropriateness, copyright compliance, etc of the third party services/materials. You are solely responsible for compliance with applicable laws or online policies for any website when you use their Online Services and any third party materials/services as well as when you use the file-sharing feature of an Online Service to share or post a particular data or links on the third-party platforms.
**Kinder Pediatric Urgent Care disclaims all warranties (express or implied) as regard third party materials. Kinder Pediatric Urgent Care does not assume or endorse any liability to you or any other entity arising from any third party materials/services.**
To use all the features of the Online Service, you need an internet access plan, phone or any other third party internet access services and you are bound by and must adhere to, the terms of service of such third party access providers. We (Kinder Pediatric Urgent Care) do not provide any such plans and would bear no responsibility for such.
As you use the Online Service, you may find contents that you may deem abusive, indecent or offensive. Kinder Pediatric Urgent Care does not wish to incorporate any objectionable content in the Online Services. However, the entering of a particular URL as you use the Online Services might provide search results that may have explicit language or be objectionable. Nevertheless, your usage of the Online Services is at your own risk and Kinder Pediatric Urgent Care shall not be liable to you for any content that you find objectionable.
13. OWNERSHIP OF THE ONLINE SERVICE:
Our Online Service is not sold but ‘licensed.’ We reserve the right not to grant you this license by this ‘Terms.’ The data (text, images, videos, color scheme, logos etc) that are present on this website may be subject to copyright, trademark, patent and every other intangible rights protection. You may not use these data except in accordance with this ‘Terms’ and as a relevant part of the Online Service. Reproduction of any part of the Online Service is prohibited, except you make use of sharing features that are contained in the Online Service to the extent permissible by such sharing feature. Kinder Pediatric Urgent Care does not grant any other rights to such materials.
14. FEEDBACK OR CONTENTS FROM USERS:
While using the Online Service, you can use specific features to submit ideas, texts, submissions, resumes and cover letters, feedback about the quality of the Online Service, customer service or any other material that you made available (User Feedback). In accordance with this ‘Terms,’ you hereby grant us unlimited, non-exclusive, irrevocable, royalty-free, transferable, sublicense-able and assignable right to use your ‘user feedback’ in any manner we deem necessary and suitable, both commercial and non-commercial purposes which includes modification and preparation of derivative materials of which we shall be exclusive owners. We may use the ‘user feedback’ without having to notify you, obtain your consent, give account or be subjected to any obligation or duty of yours. You irrevocably and perpetually release and discharge Kinder Pediatric Urgent Care and our affiliates from all claims as regards our use of your ‘user feedback’ including all attributions and moral rights.
15. DRIVING GUIDELINES AND GEOLOCATION DATA:
Any driving guidelines or geolocation data that is presented by the Online Service is done with the sole aim of improving the effectiveness and usefulness of the Service and for navigation purposes only. Such information may not be relied on in cases of a need for precise location and where an error or inaccuracy in geolocation data may lead to drastic events such as death, injury or the destruction of the environment or property. Neither we(Kinder Pediatric Urgent Care) nor any of our affiliates, guarantees the availability, accuracy or reliability of any geolocation data presented by the Online Service. You are solely responsible for your compliance if you use the driving and transportation guidelines provided by the Online Service alongside all the attached rules and regulations. Kinder Pediatric Urgent Care shall not bear any liability to you arising from your use of the driving guidelines and you shall irrevocably hold us harmless from all claims, liabilities or damages that may arise from your use of vehicles on the road while using our Online Service.
16. GOVERNING LAWS:
The laws of New York are the overseeing laws of this ‘Terms’ and the ‘Online Service’ usage (the laws are such that are inapplicable to other states). Your use of our Online Service may also be influenced by other laws, whether local, state, national or international. The only allowed venue or authority where you should tender all actions against Kinder Pediatric Urgent Care as regards your usage of the Online Service is the court that has authority over Nassau County in New York.
**You agree to refrain from your right to a court trial. You hereby refrain from any right you may possess to consolidate or buttress your claims against Kinder Pediatric Urgent Care with the claims of any third parties, except prohibited by the law.
17. AMENDMENT OF TERMS:
We may update or amend these ‘Terms’ as often as we please and with our own discretion. We expect you to review this ‘Terms’ regularly and decide whether to continue using our Online Service or not. For minor updates to this ‘Terms’ we may notify you via web notification or email. For major amendments, we may need you to click on the ‘accept’ button on the interface before continuing to use the Online Service. Continual usage of the Online Service indicates your agreement to the amendments and changes made to this EULA as agreeing to all the amendments is expedient to continue to have access to the Online Service.
18. CUSTOM EULA AND PLATFORM INDEPENDENCE TERMS:
This ‘Terms’ is applicable to the use of the Online Service and does not depend on the platform (Google store, Apple iTunes app store or a conventional web browser) by which you gained access to it. The platform provider, on the other hand may require you to agree to other terms between you and them (platform provider). We (Kinder Pediatric Urgent Care) are not to be held responsible for any third party terms or agreements. This ‘Terms’ contain a ‘custom end-user license agreement,’ to the permissible extent, and it supersedes or totally replaces any form of third party agreement presented by any platform.
19. EXPORT REGULATION TERMS:
You must not export or re-export the Online Service except as permitted by the US laws or the governing laws of the authority via which the Online Service was acquired. The Online Service may not be exported, without limitations to locations, but particularly to;
Any country under the U.S. embargo.
Any entity on the U.S. Treasury Department’s list of SDN (Specially Designated Nationals).
Any entity on the Denied Persons’ list of the U.S. Department of Commerce.
**Your use of the Online Service warrants that your name is not in any of those lists, neither will you be stationed in any of those locations/countries. You agree also that you will only use the Online Service for purposes that are not prohibited by the laws of the United States, which includes but is not limited to, the design, development or manufacture of nuclear weapons, chemical/biological weapons and missiles.
**The Online Service and any related/affiliated documentation are known as ‘Commercial Items.’ For a vivid explanation of that term, check 48 C.F.R. § 2.101, which comprises of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation.’
Such terms are also employed in 48 C.F.R § 12.212 or 48 C.F.R§ 227.7202 as necessary. Consistently with 48 C.F.R.§12.212 or 48 C.F.R.§227.7202-1 to 227.7202-4, as needed, the ‘Commercial Computer Software’ and the ‘Commercial Computer Software Documentation’ are licensed to users under the U.S. Government as thus:
Commercial items only and
Rights that are granted to every other user that is in pursuit of this ‘Terms’.
20. CONTACT US:
In case you have issues, requests or questions about this ‘Terms,’ you may write to us via email@example.com or call for manager at any of our locations. Any and every request under the Digital Millennium Copyright Act (DCMA) or complaints related to domains under the Uniform Dispute Resolution Policy (UDRP) must be communicated to us via the same process. Notwithstanding the foregoing, you or your affiliates (by proxy or self) may not use this ‘Terms’ without our written authorization in any form whatsoever.