Terms of Use

These Terms of Use regulate your utilization of our digital platforms and assets, including websites and mobile applications, that are owned and managed by Imago - Transition Clinic & Concierge Limited ("Imago", "we", "us", "our"). This includes the imago.tg website (referred to as the "Site"), along with the services ("Services") and products ("Products") accessible to users via the Site. Imago engages in providing online telehealth medical consultations and secure messaging services connecting physicians and other healthcare professionals (individually known as the "Provider" and collectively as the "Providers") with their patients. (Please see the section titled "Supplemental Terms Applicable to Providers" for more details.) The professional medical services and the non-clinical services on the Site (provided by Imago) are collectively referred to in these Terms of Use as the "Services." The terms "you" and "your" refer to you, any dependents you may have, and any other individuals accessing your Imago Account.

Your acceptance of and compliance with these Terms of Use is a condition to your use of the Site and Services and purchase of Products. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Privacy Policies

‍‍You acknowledge that any information you furnish concerning the Services and Site will be subject to the Imago Privacy Policy, which is hereby included and integrated into this Agreement.

Binding Arbitration

These Terms of Use establish that any disputes between you and Imago, related to these Terms of Use or your use of the Site, will be resolved through BINDING ARBITRATION. AS SUCH, YOU AGREE TO FORFEIT YOUR RIGHT TO INITIATE LEGAL ACTION (INCLUDING IN A CLASS ACTION SUIT) to assert or protect your rights under these Terms of Use. An IMPARTIAL ARBITRATOR, not a judge or jury, will determine your rights, and your claims cannot be filed as a class action. For detailed information about your commitment to arbitrate disputes with Imago, please review the section below titled "Dispute Resolution; Arbitration Agreement."

Services Offered

It's important to note that there isn't a single entity called "Imago" that delivers medical care. Instead, Imago serves as an online communication platform, facilitating connections between Providers and their patients through synchronous and asynchronous telecommunications technologies on the Site. The Site acts as a means of communication between patients and Providers. Imago DOES NOT OFFER OR PROVIDE medical advice or medical care. Imago enters into agreements with Providers based in EU countries who provide clinical telehealth services. Imago Providers provide clinical services to their patients through the Imago platform. Independently owned and operated medical practices utilize Imago's platform, administrative, business support, and related services. Providers are either independently contracted or employed by Imago and are not affiliated with Imago. Providers, not Imago, are responsible for the quality and appropriateness of the care they deliver to you. Imago does not offer any legal advice or representations concerning legal matters related to advice, information, goods, or services provided by a Provider, including compliance with state or federal laws and regulations. Providers are independent of Imago and are solely using the Site as a means of communication with you. Any information or advice you receive from a Provider originates solely from the Provider and not from Imago. Your interactions with Providers through the Site are not intended to replace your relationship with your regular healthcare practitioners or primary care physician. Imago, its subsidiaries, affiliates, or any third party promoting the Site or Service or providing links to the Service, shall not be held liable for any professional advice obtained from a Provider through the Site or Service, nor for any information obtained on the Site. Imago does not endorse or recommend specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on Providers or information provided by Providers through the Site or Service is entirely at your own risk, and you assume full responsibility for all associated risks. Imago does not make any representations or warranties regarding the training or skill of Providers who deliver services through the Site or Service. The content on the Site and the Services, including text, audio, video, photographs, illustrations, graphics, and other visual elements, is provided for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Imago. For any questions or concerns about your individual needs and medical conditions, it is essential to seek advice from qualified healthcare professionals. All information provided by Imago, or in connection with communications supported by Imago, is intended for general informational purposes only and does not establish a provider-patient relationship as defined by state or federal law. While Imago facilitates your selection of Providers and communication with them, Imago does not provide medical services, and the doctor-patient relationship is solely between you and the Provider. The medical services, treatment, and care you receive may differ depending on the Provider with whom you interact. Please contact your Provider directly for any inquiries regarding your care or medical treatment.

Not Suitable for Emergencies

IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE DIAL “911” WITHOUT DELAY.
Imago's Site and Services should not be employed for medical emergencies or urgent situations. It is crucial not to disregard or postpone seeking medical guidance based on the content, presence, or absence of information on the Site. If you believe you are facing a medical emergency, immediately dial 9-1-1. You should promptly seek emergency assistance or follow-up care as advised by a Provider or whenever it is otherwise necessary. Additionally, it is important to continue consulting with your primary healthcare provider and other qualified healthcare professionals as recommended. Always seek the counsel of a physician or another qualified healthcare provider to address any queries you may have concerning a medical condition and before initiating, discontinuing, or altering any form of treatment or modification.

Telehealth Service Risks

Telehealth encompasses the provision of healthcare services through electronic communication, information technology, or other means, connecting a healthcare provider with a patient who may not be in the same physical location. While telehealth services can offer potential advantages, it is important to recognize the associated risks. Telehealth services are not always a substitute for in-person healthcare. To utilize the Service, you will need to review and consent to an informed agreement concerning telehealth usage (referred to as the "Patient Consent"). This Patient Consent will be provided to you by Imago Health Medical and Providers through the Site. You acknowledge that Imago is a third-party beneficiary of the Patient Consent and retains the right to enforce it against you.

Prescription Policy

Certain items accessible via the Site necessitate a valid prescription from a licensed healthcare provider. Obtaining a prescription product is contingent upon completing a consultation with one of the Providers through the Site. The Provider must evaluate your suitability for the prescription product and subsequently issue a prescription.It's important to understand that Imago does not endorse specific medications, pharmacies, or pharmaceutical products. When a Provider prescribes medication, it is done in accordance with Malta's legal regulations, based on the Provider's own discretion and professional judgment. The issuance of a prescription is not guaranteed. Providers reserve the right to decline care in cases of actual or potential misuse of the Services.You agree that any prescriptions received from a Provider are solely for your personal use. You also commit to thoroughly and attentively reviewing all provided product information and labels. If you have any questions about the prescription, you agree to consult with a physician or pharmacist. Imago respects your right to choose, and if you receive a prescription for medication, you always have the option to request Imago to transmit that prescription to the pharmacy of your choosing.

Availability of Services

Imago operates in accordance with Malta and EU regulations, which means that the availability of our Services may vary depending on your country of residence. By using our Services, you confirm that you are not prohibited by EU laws or the laws of other applicable jurisdictions from enrolling in or receiving our Services. Access to and utilization of the Site or the Services is restricted to users residing in states within the European Union where our Services are accessible. These Services are not accessible to users located outside the European Union.

Electronic Communications

When you utilize the Site or Services or send communications such as emails and messages from your computer or mobile device, you are engaging in electronic communication with us. By using our services, you consent to receive electronic communications from us. You acknowledge that (a) electronic signatures are valid for all agreements and consents and (b) all notifications, disclosures, and other communications we provide to you electronically meet the legal requirement for written communication. Imago, Provider, Lab, or Pharmacy may contact you via phone, mail, or email to verify your Account information. If further information is requested, you agree to provide it to prevent fraudulent Account creation. Failure to provide the requested information within 14 days of the request may result in the suspension, discontinuation, or denial of your access to the Site and Services. Your electronic communications with Imago will be securely encrypted.

Eligibility; Site Access, Security, and Restrictions; Passwords

You are required to create your Imago Account ("Account") truthfully and accurately, including but not limited to your name, mailing address, phone number, and email address, and password, which will serve as your Imago ID and credentials. Your Imago ID and credentials are unique to you, and you bear full responsibility for maintaining their confidentiality, as well as for all activities carried out using your Imago ID and credentials. You commit to preventing any unauthorized use of your Imago ID and credentials by others and promptly informing Imago of any actual or suspected unauthorized use or security concerns you become aware of. Imago reserves the right to revoke your access to the Site at its discretion, with or without cause.You are strictly prohibited from attempting to breach the Site's security, which includes, but is not limited to: (a) accessing data not intended for your use or gaining access to a server or account without proper authorization; (b) probing, scanning, or attempting to test system or network vulnerabilities or breach security or authentication measures without the necessary authorization; or (c) accessing or utilizing the Site or any of its components without proper authorization, in violation of these Terms of Use or applicable laws.Using scrapers, crawlers, spiders, robots, or any form of automated means to access or replicate Site data, deep-linking to Site features or content, circumventing our robot exclusion measures, or any other methods employed to prevent or limit Site access are strictly prohibited. Violations of system or network security may result in civil or criminal liabilities. Imago may investigate such violations and cooperate with law enforcement authorities in prosecuting users involved in such violations. You agree not to employ any device, software, or routine to interfere with or attempt to disrupt the proper functioning of this Site or any activity conducted on it.

Consent to Receive Calls, Text Messages, and Video Recording

By opting into the Imago SMS program, you are granting permission for Imago or its representatives to contact you at the mobile number you provided using an automatic telephone dialing system or prerecorded messages. These communications may include informational messages, service-related notifications (e.g., alerts regarding messages from your provider, reminders, two-factor authentication, etc.), and messages concerning the Site and services. Our communication platform is currently still under construction. Imago or your Provider may record your interactions with us or them (including audio and video) in whole or in part ("Recordings"). These Recordings are exclusively used for quality assurance purposes, with the aim of enhancing the delivery of our Products and Services and improving the Site. Imago maintains the confidentiality of such Recordings and will not publicly disclose them unless legally obligated to do so, such as by a court order. By accessing and utilizing the Site, you consent to these Recordings for the purposes specified in these Terms of Use and as outlined in our Privacy Policy: https://imago.tg/privacy/. We retain the right to remove you from a group therapy session or another event and cancel your subscription if you engage in inappropriate conduct during such sessions or events. Inappropriate conduct includes the use of unlawful, offensive, harassing, or inappropriate language or engaging in any other unlawful, offensive, harassing, or inappropriate behavior.

Ownership of the Site and Associated Materials; Additional Limitations

All pages on this Site and any downloadable materials are the property of Imago, its licensors, or suppliers, as applicable. The Site is safeguarded by EU, Maltese, and international copyright and trademark laws.Subject to compliance with these Terms of Use and the payment of all relevant fees, Imago grants you a revocable, non-transferable (except as outlined below), personal, non-exclusive license to utilize the object code version of the Site. All rights not explicitly granted in these Terms of Use are reserved and maintained by Imago or its licensors, suppliers, publishers, rights holders, or other content providers. The Site and Services, or any part thereof, may not be duplicated, replicated, sold, resold, visited, or otherwise exploited for commercial purposes without the express written consent of Imago. Framing or employing framing techniques to encapsulate any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Imago is prohibited without express written consent. Usage of meta tags or any other "hidden text" featuring Imago's name or trademarks is not allowed without Imago's express written consent. The misuse of the Site or Services is also prohibited. You may only use the Site and Services in accordance with applicable law. The content on the Site, including but not limited to files, documents, text, photographs, images, audio, video, and any materials accessible or available for download through this Site, may not be copied, distributed, altered, reproduced, published, or used in whole or in part, except for purposes expressly authorized or approved in writing by Imago. Deep linking to or framing of any name, trademarks, service marks, logos, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Imago is strictly prohibited without our express written consent.

No Users Under 16 Years Old

To access the Site and the Services, you must confirm that you are over 16 years of age. If you are under 16, please refrain from attempting to register on this Site or providing any personal information. If we become aware of collecting personal information from individuals under 16 years of age, we will promptly delete such information. If you believe that we have collected personal information from someone under 18, please contact us at hello@imago.tg.

Accuracy of Information; Functionality

While Imago strives to maintain the integrity and accuracy of the Site and Service descriptions, we make no representations, warranties, or guarantees regarding the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible for the Site to contain typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, or alterations may be made by third parties. In case you come across inaccuracies, please notify Imago for correction. Information on the Site may change or be updated without notice. Additionally, Imago assumes no responsibility or liability for information or content posted to the Site by non-Imago affiliated third parties.Imago has complete and sole discretion in managing the Site and the Services. This includes the right to withdraw, suspend, or discontinue any functionality or feature of the Site or the Services. We are not responsible for transmission errors, data corruption, or information compromise over local or interchange telecommunications carriers. Maintenance of information arising from the use of the Site or the Services is not within our responsibility. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services, following our internal record retention or destruction policies.

Links to Other Sites

Imago makes no representations whatsoever about any other website you may access through this Site. When you access a non-Imago site, please be aware that it operates independently from Imago, and Imago has no control over the content on that website. Furthermore, linking to a non-Imago website does not imply Imago's endorsement or acceptance of any responsibility for the content or use of the linked site. It is your responsibility to take precautions to ensure that any selection you make for your use or download is free of harmful elements like viruses, worms, Trojan horses, and other destructive items. Should you choose to access any third-party sites linked to this Site, you do so entirely at your own risk.

User-Provided Information

Should you submit, upload, post, or transmit any User Information to us or through our Site, including but not limited to health information, medical history, conditions, problems, symptoms, personal details, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials, you agree to refrain from providing any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could promote criminal or unethical behavior, (b) violates or infringes upon the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any individual or entity, or (c) contains or transmits a virus or any other harmful component. You also agree not to contact other users of the Site through unsolicited emails, telephone calls, mailings, or any other method of communication. By providing User Information, you represent and warrant to Imago that you have the legal right and authorization to provide this information to Imago for the purposes set forth herein and as required by Imago.Imago may de-identify your information to the extent that it is no longer considered protected health information or personally identifiable information. Such de-identified information may be disclosed, aggregated, sold, or otherwise utilized by third parties for analytics, research, or other legitimate purposes.You also agree not to: (i) use the Site or Services for unlawful purposes or in an unlawful manner; (ii) post or transmit (1) messages under a false identity, or (2) any data, materials, content, or information (collectively "Information") that is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise disrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information, or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely claim or misrepresent your association with any individual or entity; (iv) tamper with, hack, spoof, copy, modify, or otherwise compromise the administration, security, or proper operation of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) use antivirus or antispyware software that overrides the internet browser's cookie settings; (viii) incorrectly identify the sender of any transmitted message to Imago; (ix) alter the attribution or origin of electronic mail, messages, or postings; (x) collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or aid in the infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties.You agree to defend, indemnify, and hold harmless Imago, and the Providers from any and all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of any User Information you upload to or transmit through the Site or any breach of this section.

Confidentiality

If you participate in group therapy sessions, events, or other interactions, please respect the privacy and confidentiality of fellow users. Any information you acquire about another user should not be shared outside of Imago. If you wish to discuss your experiences in general terms, please refrain from using the names of other users or the names of individuals like family members or friends who may be discussed during online group therapy sessions, events, or other interactions.

Copyright Infringement Claims

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined below. Imago values the intellectual property rights of others and expects its users to do the same.

Notices of Suspected Copyright Infringement for Content Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive copyright right, please notify us of any alleged copyright infringements occurring on or through our Site by submitting a notice ("Copyright Notice") that complies with the following requirements:

1. Identify the copyrighted works you claim have been infringed.

2. Specify the material or link you believe is infringing (or the subject of infringing activity) and for which you seek disabling access, including, if applicable, the URL of the link displayed on the Site where such material is located.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include the following two statements within the body of the Copyright Notice:

   1. "I hereby declare that I have a sincere belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

   2. "I hereby affirm that the information in this Copyright Notice is accurate, and, under penalty of perjury, I am either the copyright owner or authorized to act on behalf of the copyright owner, holding copyright or an exclusive right under copyright that is allegedly infringed."

5. Provide your full legal name and either an electronic or physical signature.Please send this completed Copyright Notice to: hello@imago.tg

Intellectual Property Rights

Except for your electronic medical record, Imago retain all rights, titles, and interests in and to the Site, the Services, and any information, products, documentation, software, or other materials on the Site. This includes any patents, copyrights, trade secrets, trademarks, service marks, or other intellectual property or proprietary rights associated with the aforementioned, unless specified otherwise for information licensed by Imago (in such cases, the license provider retains all rights). The information accessible through the Site and the Services is the property of Imago. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate this information to any third party. Usage, reproduction, copying, or redistribution of Imago trademarks, service marks, and logos is strictly prohibited without prior written consent from Imago. This restriction also applies to third-party trademarks, service marks, and logos displayed on the Site. No content on the Site should be interpreted as granting, by implication, estoppel, waiver, or any other means, a license or right to use any trademarks, service marks, or logos showcased on the Site without written permission from Imago, or the third-party owner of those trademarks, service marks, or logos. The Site may include additional proprietary notices and copyright information, the terms of which you are obligated to adhere to.Imago reserves the right to remove any information provided by you that it deems, at its sole discretion, fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership rights belonging to any other individual or entity.

Ordering and Purchasing of Services or Products

Order Placement and Shipment

Submitting an order does not guarantee its acceptance. Additional information may be required to process your order if you have not provided all necessary details. Once we receive a properly completed order and obtain authorization for your payment method, we will proceed with processing and shipping your order. Please note that we do not accept orders from dealers, wholesalers, or other customers who intend to resell items available on our Site. Imago does not provide any representations or guarantees regarding the Products you purchase through the Site or the Pharmacy, including warranties concerning accuracy, completeness, or delivery timeliness. If you have any questions about Products, please direct them to the Pharmacy or your Provider.

Online Payments

We charge a subscription fee for accessing and using the Site and its features through your user account. We collect payments on behalf of the Providers passing on the payment for their respective charges.
Payment processing services for our Site are provided through a secure payment platform and are subject to the terms of the secure payment platform's user agreement. As a condition of enabling payment processing services through the secure payment platform, you agree to provide accurate and complete information about yourself and your business. You authorize Imago to share this information and transaction details related to your use of the payment processing services provided by the payment platform. You and Imago both agree that the payment method you provide may be used automatically by Imago or its payment processors for any of your payment obligations. If you choose to set up recurring payments, all charges and fees will be billed to the payment method you specify during the setup process. You retain the right to revoke this authorization by contacting Imago at least thirty (30) days before the scheduled payment date. Revoking this authorization may result in the cancellation or withholding of Services, and you will still be responsible for all applicable charges incurred or owed to Imago. This authorization remains valid until revoked by you or Imago. If you wish to change your payment method or update your payment information, you must do so online. This may temporarily affect your ability to make online payments while we verify your new payment details.
By making online payments, you confirm and warrant that (a) the credit card, debit card, and bank account information you provide is accurate, complete, and truthful, (b) your credit/debit card company or bank will honor the charges incurred by you, (c) you will pay all incurred charges, including any applicable taxes, and (d) you are the authorized cardholder and are permitted to make purchases or other transactions using the provided credit card and credit card information. In the event that Imago is unable to secure funds from your payment method for any reason, including insufficient funds or inaccurate information, Imago may take further collection actions, including applying fees as permitted by law. You acknowledge and agree not to dispute Imago's charges with the payment method company, provided that the transactions comply with the terms stated in these Terms of Use.

Subscription Terms

When you purchase a subscription to our Services, your subscription is continuous and will automatically renew at the end of each subscription period unless you cancel before the current subscription period concludes. If you decide to cancel, your account will be closed automatically at the end of your current billing cycle. Imago may adjust the price for your Imago subscription periodically and will inform you in advance of any price changes, as well as how to accept those changes if applicable. These price changes will become effective at the start of the following subscription period after the date of the price adjustment. You accept the new price by continuing to use the Imago Services once the price change is effective. If you disagree with a price change, you can reject it by unsubscribing from the Services before the price change takes effect.

Disclaimer of Warranties

Imago makes no guarantees that your access to or use of the Site will be uninterrupted or free from errors, nor that any defects in the Site will be corrected. The Site, including any content or information within it or any services related to the Site, is provided on an "as is" basis, with all faults, and without any representations or warranties, whether expressed or implied. These implied warranties include, but are not limited to, merchantability, fitness for a particular purpose, information accuracy, quiet enjoyment, and non-infringement of title.Imago does not ensure the accuracy, completeness, or timeliness of the information obtained through the Site. You are solely responsible for your use of this Site, its associated services, and any linked websites. Imago does not guarantee that files available for download will be free of viruses, worms, Trojan horses, or any other destructive programming. It is your responsibility to establish suitable data backup and security measures. Warranties related to products or services offered, sold, or distributed by Imago, the Providers, or the Pharmacies may be subject to separate warranty terms and conditions, if provided by Imago or third parties in connection with these products or services. Imago does not guarantee that any prescriptions will be written for you through the use of our Services. You acknowledge and understand that the use or misuse of products obtained through our Site or from the Pharmacy may result in undesirable or unexpected consequences. Imago assumes no liability for any outcomes resulting from the application, use, or misuse of any products or services available through the Site, the Providers, or the Pharmacy, including any injuries or damages to persons or property, whether arising from negligence or other causes, including your failure to comply with any warning labels on the products.

Limitation of Liability Regarding Site Use

Except as provided by law and without limitation, Imago shall not be held responsible or liable for the acts or omissions of Imago, the Pharmacy, or the Providers. Imago and any third parties mentioned on this Site are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind. These damages include, but are not limited to, lost profits, lost data, or business interruption, whether based on warranty, contract, tort, or any other legal theory, regardless of whether Imago was advised of the possibility of such damages. Your only recourse for dissatisfaction with the Site, Site-related services, or linked websites is to discontinue using the Site or those services. If any aspect of the foregoing limitations of liability is unenforceable, Imago's maximum liability to you for your use of this Site will be €500 (five hundred EUR). You hereby agree, to the fullest extent allowed by law, to waive all laws that may limit the effectiveness of these indemnifications or releases.

No Third-Party Rights

Unless explicitly stated otherwise in the Terms of Use, nothing herein is intended to confer any rights or remedies upon any individuals other than yourself, Imago, and their affiliates. The Terms of Use do not release or discharge any obligations or liabilities of third parties to you, Imago, or its affiliates. Furthermore, no provision in the Terms of Use grants any third parties the right to subrogate or pursue actions against you, Imago, the Pharmacy, or its affiliates.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any portion thereof without the prior written consent of Imago. Imago reserves the right to freely transfer, assign, or delegate the Terms of Use, as well as any associated rights or duties. These Terms of Use will remain binding and beneficial to the heirs, successors, and authorized assignees of the involved parties.

Supplemental Terms Applicable to Providers

In addition to the other provisions of these Terms of Use, the following supplemental terms apply to Providers. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall take precedence.
To use the Site as a healthcare provider ("Provider" or "you"), you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Imago. You must also agree to comply with all relevant laws, medical board rules, and other regulations that apply to you as a Provider. Your relationship with Imago users, including your Imago patients, is a direct one between you and the patient. Imago does not practice medicine and does not provide medical services. As outlined below, Providers are solely responsible for all agreements, consents, notices, and interactions with patients and other consumers. This responsibility includes billing and collections from patients and other consumers. Imago bears no liability for any amounts owed by patients or other consumers to Providers.Imago does not provide legal or medical advice or make any representations concerning legal or medical matters associated with Providers, goods, or services offered by Providers. This includes compliance obligations or steps required to adhere to state or federal laws and regulations. Providers should consult legal counsel to address legal and compliance matters and should not rely on materials or content related to the Services for determining compliance obligations. Imago and Providers acknowledge that Imago does not provide customers, patients, or others with medical or legal advice. THE IMAGO SITE AND SERVICES DO NOT SUBSTITUTE FOR OR ALTER YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider shall use the Site and Services in accordance with established standards of good medical practice. While software products like the Site and Services can enhance the quality of service Providers offer to patients, numerous factors, including the provider-patient relationship, can influence patient outcomes. In cases with complex technologies and intricate decision-making, it is often challenging or impossible to accurately determine which factors and their proportions affected an outcome. Provider is solely responsible for their use of the Site and Services and for providing medical services to their patients. In this regard, Provider releases Imago from and waives any and all potential claims against Imago resulting from Provider's use of the Site and Services and the provision of services to their patients.
Due to the complexities and uncertainties inherent in patient care, Provider agrees to defend, indemnify, and hold Imago harmless from any claim made by or on behalf of any patient of Provider or by or on behalf of any other third party claiming damages due to a familial or financial relationship with such a patient. This indemnification applies regardless of the cause of action and includes any claims arising from Provider's use or operation of the Site and Services. If applicable, Provider will seek Imago's prior written consent for any settlement or judgment where Provider agrees to any finding of Imago's fault or defect in the Site or Services. Imago will promptly inform Provider in writing of any claim subject to this indemnification, provide the necessary information for its defense, and grant Provider exclusive control over its defense and settlement.If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Site ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that encourages criminal or unethical behavior. Provider is solely responsible for obtaining all required agreements and consents from patients and other consumers and for providing all necessary

Force Majeure

We shall not be considered in violation of these terms or held liable for any breach of these terms or our privacy policy in circumstances beyond our reasonable control. Such circumstances may include, but are not limited to terrorism, war, invasion, failures of public networks, electrical shortages, earthquakes, floods, civil disorder, strikes, fires, or other disasters. In the unlikely event of gods, demons, dragons, wizards, or any other mythological or fantasy creatures turning out to exist, their acts shall also be treated as Force Majeure.

Indemnification

You agree to protect, indemnify, and hold Imago, and any affiliated entities harmless from any and all claims, demands, losses, liabilities, damages, legal claims, legal actions, and lawsuits (whether in a legal or equitable context), as well as costs, including attorney's fees, arising directly or indirectly from or in connection with: (a) Your use or misuse of the Site, Products, Services, or any information posted on the Site; (b) Any breach of the Terms of Use or Privacy Policy on your part; (c) The content or subject matter of any information you provide to Imago, the Pharmacy, or any Provider or customer service agent; (d) Any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site. This includes, but is not limited to, infringements of third-party intellectual property rights, privacy rights, or any negligent or wrongful conduct.

Revisions; General

Imago retains the right, at its sole discretion, to terminate your access to the entire Site or specific portions of it, with or without cause, and with or without notice. Imago also reserves the right to make alterations to these Terms of Use at any time, effective upon posting. Any use of this website after such changes constitutes acceptance of those changes. You agree to review the Terms of Use each time you access the website to stay informed of any modifications. Should any of the Terms of Use be deemed unenforceable by a court or other competent tribunal, such provisions shall be adjusted or removed to the extent necessary to ensure the rest of these Terms of Use remain in full force and effect.
These Terms of Use constitute the entire agreement between Imago and you regarding the subject matter herein. Imago may, at its discretion, periodically revise these Terms of Use by updating this posting. Thus, we recommend you regularly visit this page to stay informed about any revisions to which you are bound. Specific provisions of these Terms of Use may be superseded by legal notices or terms explicitly stated on particular pages within this Site.
Copyright/Trademark InformationCopyright © 2023 Imago - Transition Clinic & Concierge Limited. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are either our property or the property of third parties. You are prohibited from using these Marks without our prior written consent or the consent of the respective third party that owns the Marks.