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General Terms and Conditions

EFFECTIVE DATE: May 4, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING Remote Care Connect SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE Remote Care Connect SERVICES. BY ACCEPTING THESE TERMS OR BY USING Remote Care Connect SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (TOGETHER, THE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU DO NOT HAVE PERMISSION TO USE Remote Care Connect SERVICES.

TERMS OF USE OF Remote Care Connect SERVICES

These Terms and Conditions (“Terms”) apply to Remote Care Connect services, www.www.remotecareconnect.com (“Website”) and the digital services offered on the Website, including the cloud-based Qora Portal and related analytics, collectively referred to as “Remote Care Connect services”. Please read the Terms carefully. By using Remote Care Connect services, you agree to these terms and agree to be bound by them. We also ask you to review our Privacy Policy. If you do not agree to the Terms, you cannot use Remote Care Connect services.
Information about us

Remote Care Connect LLC (“Remote Care Connect”/ “We”). E-mail: info@www.remotecareconnect.com

General

Remote Care Connect is a Virtual Care Management services provider specializing in Remote Patient Monitoring (RPM). The company is the exclusive US distributor of the Coala Heart Monitor. This FDA-cleared and CE-approved product platform enables long-term monitoring, analysis and algorithm-based diagnostics of the heart and lungs remotely.

THE RESULTS SHOWN IN THE QORA PORTAL ARE INTENDED FOR USE AS AN INDICATOR OF YOUR HEALTH CONDITION AND THE INFORMATION SHOULD ONLY BE DISCLOSED AS INFORMATIVE. Remote Care Connect EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND INJURIES AND MAKES NO WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE HEALTH INFORMATION. ANY DOUBT ABOUT YOUR HEALTH OR MEDICAL CONDITION, Remote Care Connect RECOMMENDS THAT YOU ALWAYS CONTACT YOUR DOCTOR OR CALL 911 IN CASE OF EMERGENCY.

NOTE THAT Remote Care Connect IS NOT RESPONSIBLE NOR CAN BE HELD LIABLE FOR THE ADVICE GIVEN BY ANY EXTERNAL HEALTHCARE PROVIDER IN THE CONTEXT OF Remote Care Connect SERVICES. THE PRESCRIBING HEALTHCARE PROFESSIONALS ARE SUBJECT TO APPLICABLE UNITED STATES HEALTHCARE LAWS AND REGULATIONS.

Personal data

Remote Care Connect values your personal privacy and will always strive to protect your personal data as best as we can. Our privacy policy strictly follows all current laws and rules about the storing of personal data. We will only process the data that you provide to us with the aim to better administrate and provide our services, as well as pursuing our commitment to you as a user. The personal data provided to Remote Care Connect is for the purpose of managing the data, providing services and fulfilling its obligations towards the user, and, after special consent, for research purposes. The personal data that Remote Care Connect handles includes name, e-mail address, date of birth, health data, such as ECG and heart sound, and other personal information provided to Remote Care Connect in connection with the registration of an account. Remote Care Connect processes personal information in accordance with Remote Care Connect’ Privacy Policy. The healthcare provider agrees that for each patient who is to use Remote Care Connect and registering for its use, consents that his/her personal data will be processed in accordance with Remote Care Connect’ privacy policy. Such consent shall be obtained before the user has started using the service. For the Healthcare provider’s collection of the user’s consent, a consent form must be used. The healthcare provider undertakes to ensure that the user is taking part in the privacy policy.

Remote Care Connect Limited Warranty

The Limited Warranty and Returns Policy applies to Remote Care Connect’ connected devices (the “Product”) and is given by Remote Care Connect, to the original purchaser (the “Owner”) who obtained the product directly from Remote Care Connect.

What Does the Limited Warranty Cover?

This Limited Warranty is Limited to the express terms. The Limited Warranty is made only to the Owner. Coverage terminates if Owner sells or transfers the Product.

Remote Care Connect warrants to the Owner that the Product will materially conform to published specifications and be free from defects in materials, at the time that Remote Care Connect ships the Product.

How Long Does the Coverage Last?

Remote Care Connect guarantees that connected devices works for a period of one year from the delivery date to the Owner (“Warranty Period”). The warranty is valid provided that the Product has been used in accordance with Remote Care Connect’ instructions for use. If a failure occurs during the Warranty Period, you must notify Remote Care Connect within two weeks of the failure to claim warranty.

What Will Remote Care Connect Do?

If Remote Care Connect determines that the Product is eligible for warranty replacement, a Return Merchandise Authorization (RMA) number will be issued for return of the Product. Remote Care Connect is not responsible for items damaged or lost during transit. Remote Care Connect will replace the Product with the same or equivalent to the Product that was purchased. Remote Care Connect reserves the right to replace any discontinued Product with a new product comparable value and function. Replacement Product provided under Limited Warranty will only be shipped to the Owner address.

What Does the Warranty not Cover?

EXCEPT AS EXPRESSLY PROVIDED BY THIS LIMITED WARRANTY, Remote Care Connect IS NOT RESPONSIBLE FOR THE DIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR BUSINESS DAMAGES (INCLUDING WITHOUT, LIMITATION LOSS OF PROFIT OR USE) BASED ON ANY DEFECT, FAILURE OR MALFUNCTION OF THE PRODUCT, OR OTHER REASON, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, OR AS A RESULT OF YOUR SALE OR USE OF THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU:
Remote Care Connect MAKES NO WARRANTY, EXPRESS OR IMPLIED, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON. ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUES OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED.

This Limited Warranty shall be void if the Product has been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or if the Product’s failure to conform to the Limited Warranty was due in whole or in part to conditions beyond the control of Remote Care Connect. This Limited Warranty shall also be void, and Remote Care Connect assumes no liability, with respect to the Product altered in anyway or otherwise not used consistent with applicable Product Instruction for Use. This Limited Warranty does not cover normal wear and tear.

This Limited Warranty does not apply to any mobile device or the cellular and/or other network or system on which the Product operates. Therefore, Remote Care Connect will not accept any responsibility under this Limited Warranty for the operation, availability, coverage, services or range of the cellular or other network system.
The exclusions and limitations set out above are not intended to, and should not be construed so as to contravene mandatory provisions of applicable law. If any part or term of this Limited Warranty is held to be illegal, unenforceable or in conflict with applicable law by a court competent jurisdiction, the validity of the remaining portions of the Limited Warranty shall not be affected, and all rights and obligations shall be construed and enforced as if this limited warranty did not contain the particular part or term held to be invalid.

How Does State Law Apply?

This Limited Warranty is governed by and will be construed in accordance with the laws of the State of California, exclusive of its conflict of laws principle.

Limitation of Remedies

THE REMEDIES IN THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

Agents or employees of Remote Care Connect are not authorized to make any modification, extension, or addition to this Limited Warranty.
Responsibility

Our responsibility for Remote Care Connect services is governed by applicable laws. Otherwise, we are responsible only for breach of these conditions and for a total amount equivalent to your annual fee for Remote Care Connect services, unless of serious negligence or willful conduct. The restrictions do not apply to the extent that they would restrict your rights under mandatory constitution.

Grounds for Relief

If the fulfillment of our commitments is substantially obstructed or prevented due to circumstances beyond our control, such as labor disputes, fire, lightning, terrorist attacks, changed constitution, government intervention and failure or delay in subcontracting services due to circumstances specified herein, shall this constitute grounds for liberation which entails the advancement of the date of performance and relief from damages and other penalties. However, this shall not limit your rights under the Consumer Act or other mandatory constitution.

Messages

Notifications to us should be sent to info@www.remotecareconnect.com. Notifications to you will be sent (i) to the e-mail address or postal address you specified or (ii) by publishing on the Website.

Immaterial rights

We own all intellectual property rights to the Website, the Remote Care Connect name and all material posted on the Website. These works are protected by copyrights, patents and all such rights are reserved. You may, for personal use, print a copy and download extracts of pages on the Website. However, you may not use any portion of our copyrighted material for commercial purposes without first obtaining a license from us or our licensor. Through Remote Care Connect services you give us an irrevocable right to quote the comments about us, Remote Care Connect services that you submit on Website, Blog or Social Media, and use the quotes on our website, on social media and in other marketing.

Additions and changes

We may, from time to time, make additions to and changes to these Terms of use. You are bound to the terms and conditions at the time you applied for Remote Care Connect services unless we notify you of any changes or additions and you do not within 60 days from the date of such notice, notifying Remote Care Connect that you do not accept such amended terms (Remote Care Connect services immediately expires).

Transfer of rights and obligations

You may not transfer your rights or obligations under Remote Care Connect services without our prior written consent. However, we may transfer our rights and obligations regarding your Remote Care Connect service at any time during the use of the service.

Applicable law and dispute

To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the State of California without regard to conflict of law principles.

Subcontractors

You hereby consent to Remote Care Connect’ engagement of third parties (including Remote Care Connect’ affiliates) to perform, or support the performance of, all or any portion of Remote Care Connect services or Remote Care Connect’ website.

Prohibited Conduct

By using Remote Care Connect services you agree not to:

  • use or access the service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law;
  • conduct activities that may be harmful to others or that could damage Remote Care Connect’reputation;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or disclosing personal information about another person;
  • post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • use scrapers, robots, or other data gathering devices on or through the Remote Care Connect service, or frame or otherwise provide the Remote Care Connect service to third parties without Remote Care Connect’ permission;
  • interfere with security-related features of the Remote Care Connect service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
  • interfere with the operation of the Remote Care Connect service or any user’s enjoyment of the Remote Care Connect service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Remote Care Connect service; (c) attempting to collect personal information, including without limitation ECG data or other health information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Remote Care Connect service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Remote Care Connect service or account without permission, or falsifying your account registration information;
  • modify, translate, or create derivative works, adaptations or compilations of, or based on, the Remote Care Connect service or part thereof, or use, copy or reproduce the connected devices service or any part thereof other than as expressly permitted in these Terms;
  • assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any Material.