Terms of Use | Everwell

Terms of Use - Everwell Hub

This document is an electronic record in the form of an electronic contract published in compliance of, and is governed by the provisions of, the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Security Practices Rules”), The Information Technology (Intermediaries Guidelines) Rules, 2011 (the “Intermediaries Rules”) and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This agreement is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Platform.

Please read these terms carefully before using or accessing any material, information or services through the Everwell Hub website located at https://hub.everwell.org/ (and its subdomains) and described at https://www.everwell.org/everwell-hub (“Website”), mobile applications - Everwell Hub App (“Provider App”) and Hub Health Companion (“Patient App”) (hereafter collectively referred to as “Platform”). By clicking the acceptance button or accessing, or using any part of the service, the User expressly agrees to and consents to be bound by all of the terms. If the User does not agree to all of the terms, the User will not be able to access the services provided herein.

Introduction

The Platform may include some content, material, trademarks, services marks, trade names, software, text, images, graphics, video, script and audio, designs, text, graphics, information, or other files that are owned by Everwell Health Solutions Private Limited (hereinafter referred to as "Company") and/or its implementing partners.
These Terms of Use (“Terms”), along with the Privacy Policy available at https://www.everwell.org/privacy-policy and any other conditions available in any section or elsewhere on the Platform and any other terms which may apply to specific services that we offer together with all other notices, disclaimers, guidelines appearing on the Platform from time to time (collectively referred to as “Agreement(s)”) constitute the legal and binding agreement upon which you are allowed to access and use the Platform and avail the Services (as defined below).
For the purpose of these Terms, wherever the context so requires "you", "your" or "User(s)" shall mean any natural or legal person who accesses the Platform or avails any of the Services that are offered herein. The term "we", "us", "our" shall mean the Company. “Unregistered Users” are users who have not registered to use the Platform and are merely accessing the Platform. Unregistered Users shall not be allowed to access certain areas of the Platform.
Users are advised to read these Terms carefully. If the User does not accept and agree to be bound by any of these Terms, the User shall not be authorized to access or otherwise use this Platform or any information and Services contained on this Platform. Your access to and use of this Platform constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below.
We reserve the right to update the Terms from time to time at our sole discretion. The updated Terms shall be published on our Platform. It shall be the responsibility of the User to be aware of the updated Terms as acceptance to the Terms shall be deemed as an unconditional acceptance of the updated Terms. If the User does not accept the updated Terms, the User shall be required to terminate the Services of the Company in which case the User will not be able to access the services provided herein.
Unregistered Users are not permitted to access or make use of the Platform for any purpose other than to browse the Platform without accessing any Services.

Services

We have, through several implementing partners, partnered with various governments, research organizations, international NGOs, health care workers etc. (collectively the “Healthcare Service Provider(s)”) to provide a comprehensive, integrated platform for adherence and case management for public health programs. Healthcare Service Provider(s) can log into the Platform to register and follow up with patients, whose case details (which may include adherence reports, diagnostic reports, or other details from the cascade of care) shall appear side-by-side.
Similarly, patients undergoing treatment from the Healthcare Service Provider(s) can log in and register themselves on the Patient App to access health related information, videos, training materials. Patients can also upload videos of themselves ingesting prescribed medications and upload the same on the Patient App which can be accessed by the Healthcare Service Provider(s).
We try to provide a hassle-free experience for both the Healthcare Service Provider(s) and their patients by offering technical support services, such as troubleshooting unexpected problems, documenting local best practices or developing customized software as needed (collectively referred to as “Services”).
The Contents (defined herein) on this Platform are for general description purposes only. You may follow the instructions as available on the Platform or contact us at contact@everwell.org to avail any of the Services we provide.
The Company merely assumes the role of facilitator between the Users and collects information from the patients. The information so collected from such patients are thereafter available to the Healthcare Service Providers. The Company is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any relationship between the Users.
The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (hereinafter collectively referred to as “Content”), is for informational purposes only. Notwithstanding the forgoing, certain identified Healthcare Service Providers may provide professional medical advice, diagnosis, treatment or recommendations at their own terms. However, the Company is not responsible for the provision of medical advice or other health care services to you, and you understand that the Company's employees are not licensed medical professionals. The Company is not responsible for, and assumes no liability resulting from, any use of the Content contrary to this provision.
The Company provides such Services by entering into contracts to provide support services for a certain period of time.

Eligibility to use the Services

If you are a minor i.e. under the age of 18 years, you may use the Platform or access Content herein only under the supervision and prior consent/ permission of a parent or legal guardian. By the use of the Platform, you confirm that you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement and your use of the Platform does not violate any law, statute, ordinance, rule or regulation.
Those who choose to access this Platform from outside India are solely responsible for compliance with laws applicable in the jurisdiction within which they fall and the Company shall take no responsibility towards ensuring compliance with such applicable laws. For the sake of clarity, any reference to the use of the Platform shall include any access into the Platform, and materials available therein, through the Platform.

Accuracy of content

We have taken due care in the preparation of the Content of the Platform, in particular to ensure that information reflected therein is correct at time of publishing and the Services offered have been accurately described. To the extent permitted by applicable law, the Company disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Platform. The Company shall not be liable to any person for any direct, indirect or consequential loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Account Registration

Registration of patients will be overseen by Healthcare Service Provider(s) as per the needs and requirements of their local deployments. The Company will help to establish administrative accounts for each Healthcare Service Provider, enabling them to independently manage accounts in their jurisdiction.

Use of the Content

The Company has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of any third party Platforms or mobile/ tablet applications which is made available by/ through the Platform. Inclusion of any link on the Platform does not imply that the Company endorses the linked site. Users may use the links and these services at their own risk.

Users Obligations:

Obligations:

Users have to provide true, accurate, current and complete information about yourself while completing the registration process and uploading medical data on the Platform.
Users should maintain and promptly update their registration data as well as medical data to keep it true, accurate, current and complete.

2. Prohibitions: When using the Platform, Users agree not to:

Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Platform or any computer network;
Circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Platform;
Use our Platform in any manner that could disable, overburden, damage, or impair our Platform or interfere with any other party’s use of our Platform, including their ability to engage in real time activities through our Platform;
Upload, transmit, distribute, or run any computer virus, worm, trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Platform, or any other system, device or property;
Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Platform for any purpose, including monitoring or copying any content on our Platform;
Engage in any conduct that creates or is intended to create liability for the Company;
Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login to the Platform as you);
Use our Platform in any way that violates any applicable central, state, local or international law or regulation;
Send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in these Terms and Privacy Policy;
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm us or users of our Platform or expose them to liability;
Otherwise attempt to interfere with the proper working of our Platform;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person; or
Perform any activity that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

3. The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, and without limitation, the suspension or termination of the User's access and/ or account.

4. The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Right to monitor:

The Company reserves the right to monitor the use of this Platform at any time as it deems appropriate and to remove any materials that, in its sole discretion, may be illegal, may subject it to liability, may violate these Terms, or are, in the sole discretion of the Company, inconsistent with the purpose for this Platform.

Intellectual property:

The software underlying the Everwell Hub Platform is open source; questions regarding access and licensing of the source code can be addressed to contact@everwell.org. Except as indicated in such open source licensing or elsewhere on the Platform, all right, title, and interest in and to the Platform and its Content are retained by the Company, its affiliates, partners or licensors, and may be protected by copyright, trademark, patent, intellectual property or other laws of India.
The Platform may have references to any names, marks, products or services of third parties or hypertext links to third party websites or information. Such references are provided solely for convenience to you and do not in any way constitute or imply that the other websites are not owned, operated or maintained by the Company. You acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such websites.

Indemnity:

You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.
The Company may notify you of any claims which you shall be liable to indemnify the Company against. You will then be required to consult with the Company regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Company without the express prior written consent of the Company which can be withheld or denied or conditioned by the Company in its sole discretion.
Notwithstanding anything to contrary as mentioned in the Agreement(s), the entire aggregate liability of the Indemnified Parties to you under and in relation to these Terms or otherwise shall not exceed Rs. 1,00,000/- (Rupees One Lakh only).
In no event shall the Indemnified Parties be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those related to, the use of, or the inability to use, the Platform or the Content, materials and functions related thereto, the Services, User’s provision of information via the Platform, loss of use, data or profits, whether or not foreseeable or whether or not Indemnified Parties have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Platform, Services or Content.

Disclaimer:

THE PLATFORM, SERVICES, CONTENT, AND ANY THIRD PARTY CONTENT ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PLATFORM/ CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND/ OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND/ OR THIRD PARTY CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM, SERVICES OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
The Content on the Platform is distributed with the understanding that the Company is not providing professional advice of any type, subject to the contrary mentioned herein. If you have a question requiring professional advice, such as question relating to law, tax, medical queries or financial planning, please seek the advice of a qualified professional in the relevant field.
It is hereby expressly clarified that, the information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational purposes only. While all content is believed to be accurate, errors sometimes occur. It remains your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information found on this site. The Company makes no guarantees, representations or warranties, whether expressed or implied, with respect to information provided on the Platform, and shall not be responsible for any direct, indirect, special, consequential, or other damages arising therefrom.
The Services are not intended to be a substitute for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. If you are facing a Medical Emergency (defined hereunder) either on your or another person’s behalf, please contact an ambulance service and/or rush to the nearest hospital.

“Medical Emergency” will include, but is not limited to, a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:

bleeding;
development of chest pain;
sudden breathing difficulty;
inability to speak;
inability to move any of the body parts;
loss of consciousness;
sudden loss of vision and/or hearing;
not oriented to surrounding;
sudden abnormal behavior;
sudden irritability;
extreme lethargy;
extreme discomfort;
sudden worsening of any pre-existing medical conditions; and/or
sudden development of severe pain.

Term and Termination:

The Terms will continue to apply within the contracted period or until terminated by either you or the Company as set forth below, whichever is earlier. If you want to terminate your Agreement(s) with the Company, you may do so by (i) not accessing the Platform; or (ii) closing your account for all of the Services that you use, where the Company has made this option available to you; or (iii) intimating us with the notice of termination in writing.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if the Company determines that you have violated these Terms or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to the Company, for which monetary damages may be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
In addition to section 12.2 above, the Company may, at any time, with or without notice, terminate these Terms (or portion thereof) with you if:

The Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable;
The Company has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or
In the event the Company faces any unexpected technical issues or problems that prevent the Platform and/ or Services from working.

4. The Company may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Except as may be set forth in any additional terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Platform or with respect to the Services; (ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any Content uploaded by you; and (iii) prohibiting further use of the Services.

5. You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination, or your access to the Platform and Services.

6. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Platform by such User.

7. Notwithstanding the foregoing, such terms of this Agreement are meant to survive termination/ expiry of this Agreement, unless and until the Company chooses to terminate them.

Data Privacy and Protection

We store and process User Information on industry-leading cloud services with regional datacenters or, in consultation with Health Service Providers, at other local hosting arrangements of mutual agreement, that are protected by physical as well as technological security devices. We do not sell or rent User Information to third parties for their marketing purposes.
User shall grant the Company the right to process and reproduce the data transmitted by the User for the purpose of fulfilling the contract (including, but not limited to, data backups) insofar as this is necessary for the Company to perform the contractual Services or for security reasons.
The Company shall ensure that the User’s data stored by the Company is adequately protected from loss or damage, in particular through regular backups, virus scanning and the installation of firewalls. The Company shall also ensure that the data is protected against unauthorized access by third parties. The Company’s personnel or its contractors shall only be granted access to the User’s stored data if such access is essential for the Company to be able to fulfill its contractual obligations.
For more information concerning how we utilize information entered on the Platform and on our data protection and privacy practices, please refer to the comprehensive Privacy Policy published on our website at https://www.everwell.org/privacy-policy.

Governing Law and Jurisdiction:

These Terms and all transactions entered into on or through the Platform and the relationship between you and the Company (together the “Parties” and individually a “Party”) shall be governed in accordance with the laws of India without reference to conflict of laws principles.
Jurisdiction: The courts at Bangalore, Karnataka, India shall have exclusive jurisdiction and you hereby accede to and accept the jurisdiction of such courts.

General provisions:

Amendment: The Company reserves the right to amend the Terms, and any service or material provided on the Platform, in its sole discretion, without notice.
Notice: All notices with respect to these Terms from the Company will be served to you by email or by general notification on the Platform. Any notice provided to the Company pursuant to these Terms should be sent to Grievance Officer at grievanceofficer@everwell.org
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company’s rights and/ or obligations under the Agreement are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking your prior consent. The Company may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement. The Company shall have right to transfer your account and account information to a third party who purchases the Company’s business as conducted under the Platform.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Principal to Principal Relationship: It is clarified that both you and the Company have entered this agreement on principal-to-principal basis.
Force majeure: Neither party shall be liable for failure to fulfill its obligations under these Terms of Service or for delays in delivery due to causes beyond its reasonable control, including but not limited to act of God, acts or omissions of the other party, man-made or natural disasters, material shortages, strikes, service outages failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections and power failures. The time for performance of any such obligation shall be extended for the time period lost by reason of the delay.
Overriding Effect: In the event of any ambiguity or conflict between these Terms and the terms in the individual agreements entered into with the Healthcare Service Provider(s), the terms in the individual agreements entered into with the Healthcare Service Provider(s) shall override and prevail over these Terms.