OBUR HEALTH is a mobile application that can be used by customers in need of receiving non-emergency health services in the comfort and convenience of their homes. Please read these Terms and Conditions carefully before using the OBUR HEALTH mobile application (the “Service” or “App”) operated by OBUR HEALTH. This Agreement governs the relationship between OBUR HEALTH mobile application and you, the App visitor, with respect to your use of the Service. Do not use the “OBUR HEALTH App” to seek medical services for someone who is unconscious, not breathing or gasping for air, experiencing an allergic reaction, having chest pain, uncontrollably bleeding, or any other symptoms that require immediate or emergent medical attention. Call 911 or go to the nearest emergency room (ER) immediately if you have an emergency medical need. You are welcome to download the proprietary mobile application software called “OBUR HEALTH” by downloading and using the application, and by receiving services through the application. You agree to be bound by the below terms of service (the “Agreement”). If you do not agree to all of the terms of this agreement, do not use the application or services. OBUR HEALTH may revise and update this agreement at any time. Your continued use of the application or services will mean you accept the revised agreement.
You must reside in Texas and be 18 years of age or older to use the application and the services provided through the application except as provided below. You understand that there may be no health care providers in your area and we cannot guarantee that health care providers will be available to provide services in your area. If you are requesting pediatric services for a minor, you must verify that you are the parent, legal guardian or other personal representative with the written authority to make health care decisions for the minor. By using the application and our services you represent that you are at least 18 years of age or are the parent, guardian or other authorized personal representative for a minor.
If you choose to be connected with a healthcare provider, an electronic service request notification will be sent to the provider. If the provider is within reasonable distance and is able to accept the notification, the provider will accept and the user will immediately be notified, and provided with an estimated provider arrival time. By using the application or services you expressly agree and acknowledge that OBUR HEALTH is not a medical organization or hospital and you agree to be bound by these Terms. If you disagree with any part of the terms then you must not access the Service.
If you choose to cancel your request for service(s), you must do so within 5 minutes or less of the request, to avoid being charged the base rate. However, if you tap the cancel button after 5 minutes, you will be charged the base rate. OBUR HEALTH reserves the right, at its sole discretion, to reject users of its services and application.
You are responsible for maintaining the confidentiality of your username and password that you designate during the membership registration process and you are fully responsible for all activities that occur under your username and password. OBUR HEALTH will not be liable for any loss or damage arising from your failure to comply with this provision. By using the application or the services, you agree that your use:
You use the application, the services, including a health care providers’ services, at your own risk. OBUR HEALTH expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the application, and assumes no liability or responsibility to you or any minor for whom you are responsible for any errors, mistakes, or inaccuracies in such content or in the services provided by OBUR HEALTH or the services, information and advice provided by a health care provider or through the application. You agree that your access to, and use of, the application services, and health care provider is on an “as-is”, “as available” basis and OBUR HEALTH specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement. OBUR HEALTH does not warrant or make any representations regarding the use or the results of the use of the services, offerings, content, and materials available through the application including without limitation the availability, use, or results of services provided by any health care provider.
You acknowledge and agree that OBUR HEALTH shall not be liable to you or any minor for whom you are responsible for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OBUR HEALTH has been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the application, or services; (b) the use of any content or other material on or through the application, or services, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received or transactions entered into through or from the application, or services; (d) unauthorized access to or alteration of your transmissions or data; (e) statements, services or conduct of any third party on or through the application, services or any health care provider; or (f) any other matter relating to the application, or services. In no event shall OBUR HEALTH’s total liability to you or any minor for whom you are responsible for any and all damages, losses, and causes of action (whether in contract, tort – including, but not limited to, negligence – or otherwise) exceed the amount paid by you to OBUR HEALTH. OBUR HEALTH is hereby excluded from all liability as a result of application or service utilization.
OBUR HEALTH does not expressly endorse any health care provider on the application. Any statements, programs, opinions, or other information that may be provided to you by a health care provider are solely attributable to the health care provider and not OBUR HEALTH. Reliance on any information provided by any health care provider on or through the application, or services is solely at your own risk. OBUR HEALTH makes no representations or warranties as to the conduct, ability or the efficacy, accuracy, completeness, timeliness or relevance of the information provided by any health care provider and/or the services provided by said health care provider featured on or through the application, or services. All interactions with providers are between you and the licensed health care expert. By using the service, you agree not to hold OBUR HEALTH liable in any way for any malpractice or substandard treatment the provider may render to you or any minor for whom you are responsible. In no event shall OBUR HEALTH be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you, any minor for whom you are responsible, or anyone else in connection with your use of the application, or services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information, program or suggestion provided to you by a health care provider or communications or meetings between or among you, any minor for whom you are responsible, and any providers, you meet through the application or service. You agree to take reasonable precautions in all interactions with health care providers particularly if you or any minor for whom you are responsible decides to meet offline or in person. You agree to defend, indemnify, and to hold harmless OBUR HEALTH, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the application, or services or your inability to use the application, or services; or (b) any allegation that you violated any representation, warranty, covenant or condition in this agreement. Your agreement to defend, to indemnify, and to hold OBUR HEALTH harmless applies whether a claim against OBUR HEALTH is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the application, and/or services caused damage to you or to any third party and/or your use and access to the application, and/or services. This indemnification section shall survive your termination of or cessation of use of the application and services.