GiftHealth Terms and Conditions of Use
Last Updated: April 2021
Before taking advantage of the many useful services offered here, please take a minute to ensure that you understand these Terms and Conditions of Use for visiting and browsing the GiftHealth.com website and mobile application.
- Acceptance of Terms.
- The Platform Is Not Intended As a Substitute For Medical Advice.
Information provided through the Services is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by GiftHealth. Use of the Services does not create a physician/patient or provider/patient relationship with GiftHealth. GiftHealth is not recommending or endorsing any specific test, diet regimen, or other information.
- GiftHealth Does Not Endorse or Recommend Any Specific Products or Services.
GiftHealth contracts with various pharmacies and pharmaceutical companies to provide coupons, discounts, and other Content to users of the Platform. References to, or descriptions or images of, products or services (or related coupons and discounts) on the Platform are not endorsements of such products or services and such products or services may be available by third parties. GiftHealth does not recommend or endorse any specific tests, physicians, pharmacist, products, services, procedures, opinions, or other information that may be mentioned on the Website.
- Third-Party Content.
The Platform may contain links to Internet or mobile sites not owned or operated by GiftHealth, including to our online payment processing services provider, to sites featuring organizations, services or news that may be of interest, and to pages that we maintain on Facebook or other social media platforms. The inclusion of these links should not be construed as an affiliation, sponsorship or endorsement. GiftHealth is not responsible for third-party content. When you access a third-party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third-party Internet or mobile site, or for any actions taken by you or others in connection therewith.
- Your Account.
If you use the Platform, you may have the opportunity to register for an account with us. As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password and you agree to accept responsibility for all activities that occur under your account or password. GiftHealth is not liable for any loss or damages arising from your failure to maintain the confidentiality of your account. You are further responsible for ensuring that all information you provide on our Platform is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process. You have no right to transfer your account to any other individuals in any manner. If you are accessing and using the Platform on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that you become aware of. All information you provide when you register for an account on our Platform is governed by our Privacy Notice, which is incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Notice. We reserve the right to refuse service or terminate accounts for any reason, in our sole discretion without prior notice.
- You Must Meet Certain Conditions to Use Our Platform.
As a condition of your use of the Platform, you warrant that you:
- are at least 18 years of age; and
- reside in the United States of America.
If you do not meet all of the following, you must immediately discontinue your use and access of the Platform.
You are prohibited from using or attempting to use the Services (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii)in any manner that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by GiftHealth to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by GiftHealth, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any GiftHealth representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
GiftHealth reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing. GiftHealth may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
- Right to Monitor.
- How to Contact Us.
There are multiple ways to communicate with GiftHealth, including through the Platform and using the phone numbers listed for each of our locations. Communicating with us does not, in and of itself, establish a physician-patient relationship.
- Intellectual Property.
The following trademarks are property of GiftHealth: “GiftHealth”. These marks may not be used without our consent on any product or service, except our own.
GiftHealth retains all copyright and other proprietary rights in and to the Content. Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark, or copyright of GiftHealth or any third party. Certain portions of the Services may contain information supplied and updated by third parties or include links to third-party sites. GiftHealth is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
GiftHealth claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of GiftHealth should be inferred from their use. You are not permitted to use the trademarks displayed on the Services without the prior written consent of GiftHealth or the third party that may own the trademarks.
- LIMITATION OF LIABILITY.
GiftHealth, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Services, or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.
- DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT GIFTHEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. GIFTHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GIFTHEALTH MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- WAIVER OF JURY TRIAL AND CLASS ACTIONS.
- Governing Law.
By accessing the Services, you and GiftHealth agree that all matters relating to your access to, or use of, the Services shall be governed by the statutes and laws of the State of Delaware, without regard to its conflicts of laws principles. You and GiftHealth also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Delaware with respect to such matters. GiftHealth makes no representation that materials contained in the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
- General Provisions.