Terms of Service

Last updated June 26th, 2023

Welcome to Desroches Medical Clinic! These Terms of Service ("TOS") govern your use of our website at https://www.dmchealth.care/. By accessing or using our Website, you agree to comply with these TOS.

Our services are not suitable for emergencies. If you are experiencing a medical or mental health emergency or have concerns about your care or treatment, please call 911 or go to the nearest open clinic or emergency room. This Agreement, known as the DMC User Agreement, outlines the terms and conditions for using our services on the website and its subdomains. If you do not agree to these terms, please refrain from accessing the website or using the services.

We reserve the right to make changes to these Terms of Use at any time, and your continued use of the Service after such changes will indicate your acceptance of the new Terms of Service. This may also include our Privacy Policy, which can be found at https://www.dmchealth.care/copy-of-terms-of-service/. Before using the website, it is important to read, agree, and accept all the terms outlined in this Agreement and the Privacy Policy.

Please carefully review this information as it includes an agreement to arbitrate and other important details regarding your rights, remedies, and obligations. The Arbitration Agreement requires that any claims against us must be submitted for final binding arbitration.

(1) When pursuing a claim against us, you must do so as an individual and not as a plaintiff or agent representing others.

(2) Any remedies you seek, whether monetary, investigative, or procedural, must be done on an individual basis.

(3) You acknowledge that you do not have any remedies against us in a jury or court. By using this site, you agree to abide by these Terms of Use.

If you do not agree to any of the terms outlined in the Terms of Service, we kindly ask that you refrain from using our services.

Service Description: To enjoy the full range of services and access additional features, it is necessary to create an account with DMC. We reserve the right to terminate our relationship if we suspect any malicious behaviors.

Cancellation Policy And Consent To Treat Minors

At DMC, we understand that unexpected situations can arise, and you may need to cancel or reschedule your appointment. That's why we have a flexible cancellation policy that makes it easy for you to manage your appointments.
If you need to cancel your visit, we offer a full refund when the cancellation is made at least three (3) hours before the scheduled appointment time.
Please note that we are unable to provide refunds for missed appointments or no-shows, regardless of the reason. Additionally, refund requests related to prescription non-receipt or disagreement with the clinical outcome of the visit cannot be accommodated.
We kindly ask for your understanding that missing an appointment or arriving late not only affects the care we can provide to you but also hinders our ability to assist other patients in need of care. Your cooperation is greatly appreciated.

Patient Consent and Agreement

By signing this Consent electronically, I acknowledge that I understand and agree to its terms.
I have read and comprehended the information provided regarding telemedicine and its implications.
I have had a discussion with my physician or designated assistants, and all my questions have been addressed to my satisfaction.
I confirm that I have the legal authority to act on behalf of the patient, including providing consent for medical services, and I accept financial and legal responsibility for the services rendered.
I acknowledge that I am aware of the risks and benefits associated with telehealth services and willingly choose to receive such services.
I hereby give my informed consent and agree to the policy and terms for utilizing telemedicine in my medical care.

All of the material provided through the Service, including text, graphics, photographs, and other materials, is for informational purposes only. It is important to note that these materials do not replace the advice or care provided by your primary care provider or emergency room visits. Even though assessments may be based on clinical protocols, they do not constitute medical care, advice, or diagnosis.

It is always advisable to seek the advice of your local, face-to-face physicians who have a better understanding of your health history, conditions, medications, and drug allergies. It is crucial not to disregard seeking emergency help when necessary, as telemedicine has limitations since a proper physical assessment cannot be conducted. Furthermore, Desroches Medical Clinic (DMC) does not guarantee any specific health outcomes in connection with the 15-minute telemedicine consultation.

By using the Virtual Visit Service, you are consenting to receive medical care from the relevant Provider through remote electronic communications, such as interactive chat, audio, and/or video. It is important to note that the medical care provided will be focused on treating your reported symptoms and clinical presentations, but it does not include the diagnosis of your condition. The treatments offered will be based on the information you provide about your symptoms.

By using the Service, you acknowledge and consent to the following:

(i) Recording of Data: During your virtual visits, data including chat text, audio, video, and/or digital photos may be recorded. In certain cases, the entire visit may be recorded for legal and safety purposes.

(ii) Discussion of Medical Information: Your medical information may be discussed between you and the DMC healthcare provider(s) using electronic technology, such as chat, audio, video, and/or graphics. This is to facilitate the delivery of medical care and ensure accurate communication.

(iii) Virtual Examination: As part of your virtual visit, a virtual examination may take place. This may involve the healthcare provider visually assessing certain aspects of your condition through the video feed.

(iv) Presence of Medical and Technical Personnel: During your visit, medical personnel and non-medical technical personnel may join virtually to assist in the delivery of medical care and ensure a smooth intake process.

These measures are in place to enhance the quality of care provided and ensure a comprehensive virtual experience. If you have any concerns about the recording of data or the involvement of personnel, please discuss them with the healthcare provider before proceeding with the virtual visit.

When using the Virtual Visit Service, all laws regarding your access to medical information and copies of your medical records still apply. Your privacy and confidentiality are protected under federal and state laws. The interactions you have with the healthcare providers through the service do not replace your existing relationships with your regular in-person healthcare practitioners. The providers you interact with may include doctors, nurse practitioners, and other qualified healthcare professionals. Please note that you may not be able to select a specific provider for your virtual visit.

There are certain circumstances where the provider may need to report certain types of conduct or share information related to your treatment with other healthcare providers. However, the communication between you and the provider is generally privileged and will not be disclosed without your authorization, except in specific situations.

It's important to understand that any reliance on the information provided by the Virtual Visit Service or the healthcare providers is done at your own risk. You are responsible for any risks associated with your use of the service. When using the service, you must accurately certify your current location, as it is a requirement for accessing and using the service. If your certification is inaccurate, you agree to indemnify the company (DMC) and the provider from any resulting damages, costs, or claims.

Risks of Telehealth Services

Telehealth and telemedicine services involve using electronic communication technologies to transfer medical and health information between you and your healthcare provider, even if you're not in the same location. These technologies can include both asynchronous (not in real-time) and synchronous (in real-time) communications. They may also involve the electronic transmission of medical records, images, and other data.

It's important to note that telehealth/telemedicine services are not meant to replace an in-person examination by a healthcare provider. The provider you consult with through the service may not have all the information that would be obtained through an in-person examination. The information transmitted during the service may also have limitations, such as poor image quality, which could affect the provider's ability to make accurate medical decisions.

There are also potential risks associated with telehealth/telemedicine services, including technical failures that could cause delays or loss of information. By using the service, you acknowledge these limitations and assume the associated risks.

Please keep in mind that the purpose of this section is to inform you about telehealth/telemedicine services and obtain your consent to their use.

(i) Treatments based on your reported symptoms may have limitations and could be provisional, meaning they may not provide a definitive diagnosis or solution.

(ii) Telehealth services are not meant to completely replace a comprehensive medical evaluation or an in-person visit with a healthcare provider.

(iii) It's important to note that a healthcare provider consulting through the service may not have access to certain information typically obtained through a physical examination.

(iv) The lack of a physical examination may impact the healthcare provider's ability to diagnose certain conditions, diseases, or injuries accurately.

It is your responsibility to inform your Provider about any interactions you may have had with other healthcare providers to ensure that they have a complete understanding of your medical history when making treatment decisions. The Providers at DMC reserve the right to decline treatment if they believe that you would be better served by an in-person healthcare provider or for any other reason based on their professional judgment. It's important to note that there are various alternative methods of medical care available to you, and you have the freedom to choose to discontinue using the Services and explore these alternatives if you wish.

DMC encourages you to provide all relevant information and engage in open discussions about diagnosis and treatment options with the Providers.