These Terms of Service (“Terms”) govern your access to and use of the Membership Services Plan on Sickday Site and their related internet-based services, features, content, and functionality. By signing up for the membership plan using Sickday Services, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.

ACCEPTANCE OF TERMS

These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service.  By using the Memberships Service Plan, you accept and agree to these Terms and any conditions or notices contained or referenced within.  You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting.  Your continued use of the Membership Service Plan shall indicate your acceptance of any modified terms.  Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Membership Service Plan or any part thereof, including as between different users, whether temporarily or permanently.

By using the Membership Service Plan, you also agree that we may send you various communications by email or by posting them on the Site.  You agree to notify us promptly if your email address changes.  This consent covers all actions you conduct through the Membership Service Plan and all Sickday Services.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Membership Service Plan to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.

USER INFORMATION

In order to access certain features of the Membership Service Plan, you may be asked to Provide certain personalized information to us.  Our information collection and use policies with respect to the privacy of such information are set forth in the Service’s Privacy Policy, which can be accessed here – https://sickday.com/privacy/. It is your responsibility to provide us with accurate, complete, and up-to-date information for you and you agree to promptly update such information as needed. Failure to provide this information could result in forfeiture of your ability to access the Membership Service Plan.

GENERAL USE OF THE MEMBERSHIP SERVICE PLAN

The Membership Service Plan is the proprietary property of Sickday and/or its third-party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws.  Your use of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service or download from the Service.

MEDICAL DISCLAIMER

Sickday’s Membership Service Plan and all Sickday Services are designed to enable you to request and book certain medical services to be provided by a licensed medical professional.

These Terms apply to the Service.  We may also present to you through your use of the Service any terms specific the use of a particular services.

SERVICES

The Sickday Membership Service Plans include the following services, irrespective of membership plan:

House Calls – A personalized home visit with a Medical Practitioner

Telemedicine – A personalized virtual visit with a Medical Practitioners

Consultation – A Medical Practitioners will answer questions about a medication or other general information questions

Service exclusions:

This membership does not cover IVs or other new services Sickday may offer in the future.

PAYMENTS

Sickday Members will be responsible for the payment of fees (“Fees”) that exceed the services covered by the Membership. Any services required outside those covered in the Membership agreement will be offered at a 10% discount of the rate published on the website at the time of the service.

ESSENTIALS – $99/month

COLLEGE – $139/month

PREMIUM – $149/month

DELUXE – $199/month

College Members: This plan will be billed as two payments: 50% of six month membership fee will be billed on initiation of membership and 50% will be billed after first 90 days

Monthly Members: First payment shall be made on the day of ‘sign up’ and will be billed monthly on the same date for 12 months.

Yearly Members: Yearly members payment shall be made on day of sign up and membership will end one year from date of sign up.

Fees may be paid via the following recurring credit card payments upon membership sign-up.

All membership plans are non-cancellable.

Authorization to Charge.

By using the Membership Service Plan, you hereby agree Sickday has the right and authorize Sickday to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes.

CANCELLATIONS

Cancellation of Membership: Subscriptions for medical services are non-cancelable during a subscription term.

Cancellation of Sickday Medical Services:  WE REQUIRE AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the booked service should you not provide at least 24-hour advanced notice of cancellation. If you book your service less than 24-hours in advance, you may not cancel. Group appointments (parties of two (2) or more) follow the same parameters as single appointments and will be charged for all people booked unless you provide 24-hour advanced notice of any cancellations. For example, if you book a service for six (6) people, but only four (4) are present for the service with no 24-hour advanced notice for the other two (2) patients, you will be charged for all six (6) services.

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This Membership Service Plan Agreement shall continue until the occurrence of the following event:

• After 12-month term
• A breach of the terms of this Agreement by either Party
• Termination upon the death of the Member

Refunds and/or Credits.

In the event that the Medical Practitioner is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.

MISREPRESENTATIONS

If, during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, Sickday reserves the right to cancel your Membership Services Plan and any booked service without notice and charge you the full amount.  If, at the time of your booked service, you are under the influence of drugs or alcohol, Sickday will not perform the service and you will be charged the full amount.

INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless Sickday Medical Service, its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service,  or your breach or violation of the law or of these Terms.

DISCLAIMER OF WARRANTIES

WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.  WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

Exclusion of Certain Liability.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SICKDAY’S DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

INFORMATION

We do not warrant or guarantee the accuracy, completeness, or timeliness of any information available via the Service.  We do not authorize the use of information available via the Service for any purpose other than your personal use.  You may not resell, redistribute or use this information for commercial purposes.

AVAILABILITY

Our goal is to provide a product with outstanding uptime and reliability.  Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable.  Although we strive to operate without interruption, we do not guarantee that the Service will always be made available.

INFORMATION SECURITY

We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure.  We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents.  We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

ELECTRONIC COMMUNICATIONS

The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message).  For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing.  You acknowledge that there is inherent risk in use of the Internet and that the information transmitted through the Internet in general is not confidential.  We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.

REMEDIES FOR BREACH

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate of the Membership Service Plan, we reserve the right to  discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.

If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.

The remedies contained in the Terms are not the exclusive remedies for your breach but will be in addition to all other remedies available to us by law or in equity.

OTHER TERMS

1.1      Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent.  Any purported assignment, delegation, or transfer in violation of this section and will cancel your membership in the Membership Service Plan.

1.2      Entire Agreement.  These Terms constitute the complete and entire agreement between you and Sickday concerning the Membership Service Plan and supersedes all prior agreements and representations between the parties.

1.3      Interpretation.  The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included.  The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

1.4      No Waiver.  A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

1.5      Severability.  If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

1.6      Governing Law and Jurisdiction.  This Agreement is governed by and construed under the laws of the State of New York without reference to its conflict of law principles.  In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations; New York law, rules, and regulations will prevail and govern.  Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in New York.  All parties to these terms and conditions waive their respective rights to a trial by jury.

CONTACT US

If you have any questions concerning these Terms, please contact us at info@sickday.com