US Terms of Use

The purpose of these Terms of Use is to disclose to you how Now Patient’s Services are provided and the limitations on those Services. These Terms of Use also describes your obligations and responsibilities.

Your access and use of the Now Patient services, any part, or anything associated with those services, including content, any products, software, applications (“apps”) owned or operated by Now Patient or other services (all collectively identified as “services”) are governed by these Terms of Use.

The services are not appropriate for all medical conditions or concerns. This agreement is subject to change.

You must set up an account with Now Patient so that you can access services. Setting up the account will require you to provide Now Patient with personal information, including personal health information. Please refer to Now Patient’s US Privacy Policy to see how Now Patient will handle this information. You must keep the information current, accurate, and complete.

You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. Now Patient explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

Services and products offered for sale by Now Patient are subject to availability. Now Patient reserves the right to cancel or reject all or any part of an order without prior notice. In the event that we can later promptly fulfill the order, we reserve the right to so fulfill or revise the order so that we can partially fulfill (which includes a complete charge as earlier anticipated).

While prices for products are subject to change at any time, any order that is fulfilled on a delayed or partial basis will be charged at the rate quoted at the original time of order. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“taxes”) due with respect to your purchase of products or services through our service as may be applicable in your state of residence. Now Patient will provide an estimate of the anticipated taxes at the time of checkout. The actual taxes may be adjusted from the amount shown at checkout based on such facts as changes in tax rates or intermediate taxes payable by third parties involved in the transaction. There are also circumstances where Now Patient is unable to pay the taxes due in a particular State, in which case you would be personally responsible for the payment of those taxes. We may be required by such States to provide information about the transaction and your personal information that would result in that charge directly to you. Please refer to the US Privacy Policy and compliance with law section below for the types of information that we collect and may be required to provide.

Along with the Now Patient fee, you will also be charged for shipping and handling, if any, and these charges will be shown at the time of purchase. Now Patient reserves the right to increase, decrease, add, or eliminate shipping and handling charges from time to time but we will provide notice of any increase or addition in advance so that you are able to cancel the order. Risk of loss or damage passes to you upon delivery of the product to our designated carrier. If there is such a loss, then your recourse is against the carrier. Please note that condition of the product on arrival and document any loss or damage.

At all times, Now Patient will attempt to resolve customer issues and concerns based on the specific facts, documentation, and circumstances of each case.

Now Patient services are not available in every State. As you enter personal information, including your state of residence, we will inform you as to whether Now Patient provides services in that state.

You must agree to two-factor authentication of your identity and attest and then provide proof of age that is acceptable to Now Patient. Now Patient cannot provide Services to persons who are underage. Persons under the age of 18 cannot legally consent to Now Patient Services. Under our Privacy Policy, you also consent to Now Patient’s retention of information about your identity as well as other personal information.

Now Patient does not ship any products in child-resistant packaging. You must keep the products out of the reach of children.

Now Patient does not provide medical services or medical advice. Now Patient will, with your agreement, identify physicians who are licensed in your State. You can interact with these physicians through Now Patient’s telehealth services under our US Telehealth Policy. Now Patient has financial arrangements and other agreements with these physicians in which these physicians provide medical care through Now Patient’s systems. The Now Patient fees will include any fees charged by physicians for services provided through the Now Patient system. Now Patient will reimbursed physicians for their services from the Now Patient fees.

Now Patient and these physicians may accept Medicare, Medicaid, other federal or state health programs, or private, union or other health insurance. You may have sole financial responsibility for the full amount of the charges associated with the use of the Service and the physician service charges (neither of which are refundable) and the costs of any prescription products that you may receive (including potential shipping, handling, and taxes (in the event that the physician determines that a prescription is warranted for your condition). By this consent, you agree that you will not knowingly attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.

You may choose to use or not use these physicians. But, as with any physician that you select, your responsibility is to evaluate whether that physician is giving you the quality of care that meets your standards regardless of the licensure. If not, you should identify and use a physician of your own selection. Now Patient does not evaluate or attest to the quality or standards of care of the physician other than to ascertain that the physician has a valid license to practice in your state and can therefore legally evaluate and manage you and write prescriptions as the physician believes is appropriate for you. Now Patient does not control or direct the physician. The physician is solely responsible for his practice of medicine. You are entering into a patient-physician relationship with the physician and not with Now Patient. The physician will evaluate your responses to the information you provide and may request more information through the Now Patient system.

Now Patient’s sole role is to facilitate your interaction with these physicians through Now Patient’s systems. Now Patient’s systems do not replace your relationship with the physician which is between you and that physician – the patient-physician relationship. Now Patient has worked with these physicians who have developed relevant questionnaires on sequential web-pages in which you enter information about yourself and your health condition. This information will be stored under Now Patient’s US Privacy Policy for you and to permit the physician to evaluate you. During your completion of this information submission, there may be information that the physician has already indicated would not permit a prescription for certain medications – either because of your medical history or other information. This information will help improve the physician’s ability to provide care and document your specific medical issues rapidly and efficiently. You do not have to obtain the physician services, if based on feedback from the questionnaire answers, the physician is likely to determine, based on the physician’s development of the questionnaire. that you are not eligible for a prescription.

Now Patient has agreements with pharmacies who are licensed to deliver prescriptions to various States, which may include the State of your residence. If so, you would be eligible to receive prescription medications through the Now Patient services.  Under these agreements, if you are eligible and get an online prescription from the physician, Now Patient’s website will direct the order to the pharmacy, and Now Patient will have a pharmacy deliver the medication to you as part of Now Patient’s services. You will pay Now Patient for the prescription, Now Patient’s fees, and all other associated costs.

The pharmacist associated with the pharmacy may interact with you through Now Patient services or otherwise if the pharmacist has a concern about the prescription. As a professional, as a result of the information you have provided, the physician has provided, or in the use of his or her professional judgement, the pharmacist may decline to fill the prescription.

As with the physician, Now Patient and these pharmacies may accept Medicare, Medicaid, other federal or state health programs, or private, union or other health insurance, where applicable. You may have sole financial responsibility for use of the Service, any pharmacy interaction, and any products provided to you and must pay the full amount of the costs associated with use of the Service, including any prescription you may receive. By clicking “Agree,” you agree that you will not attempt to submit a knowingly false claim to Medicare, any other federal payor, or any state or private insurer.

If you have a concern about a physician, you may contact the Medical Board in your State regarding your concerns. For applicable contact information see the list available here.

Certain Now Patient products require a valid prescription by a licensed physician. You will not be able to obtain a prescription product unless you have completed a consultation with one of the physicians through our service, which includes the questionnaire designed by the physician, and the physician has determined the prescription product is appropriate for you.

If the physician determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of Now Patient’s licensed pharmacy partners. If you complete a consultation with a physician through Now Patient and fill a prescription through one of the Now Patient’s pharmacies, the prescription product will be shipped to you by the applicable pharmacy.

When you access or use the Service or send emails to Now Patient, the physician or physician groups or the pharmacist or pharmacy, you are communicating electronically. You acknowledge and agree to receive responses or other communications from Now Patient, the physicians or physician groups and/or the pharmacist and pharmacies electronically. Now Patient will communicate with you via email, text, or directly through the service when you log on.

You acknowledge and agree that all agreements, notices, disclosures and other communications that Now Patient provides to you electronically satisfy any legal requirement that such communications be in writing. You further acknowledge and agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

You are responsible for providing and maintaining the software, apps and other systems provided by Now Patient that enable you to use our services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing or using Now Patient services.

You are responsible for paying Now Patient fees which will include Now Patient charges as well as those of the physician, medical group, pharmacist, pharmacy, and delivery services or other third party vendors that Now Patient may use.

You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the service or in your interaction with the physician or pharmacy. Any failure of yours to provide truthful, accurate, and complete information may result in harm to you. You must promptly keep this information current and update the information if there are any changes.

You must respond to any questions or requests for further information from the physician or pharmacist.

You grant Now Patient the right to use any of the information that you provide in order to provide the services that you have requested.

You are prohibited from violating, or trying to violate, Now Patient’s security systems. Now Patient may investigate you if Now Patient believes you are involved in a criminal act or other violation of law. Now Patient may cooperate with law enforcement in such an investigation.

You must also review and consent to the use of telehealth services so that you fully appreciate the risks and benefit of medical care through telehealth.

It is your responsibility to check whether Now Patient has changed the US Terms of Use, the US Privacy Policy, or the US Telehealth Consent, as it may be updated or changed by Now Patient. You should check these terms, policies, and consents each time that you log in to ensure that you are aware and agree to any changes.

By clicking “Agree” below, you acknowledge and understand your responsibilities.

You are prohibited from violating, or trying to violate, Now Patient’s security systems by any act including such limited acts as probing, scanning, or testing the vulnerability of any Now Patient systems.

You are prohibited from any use or attempted use of Now Patient services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) to interfere with any other person’s use and enjoyment of the services, including 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, to access systems, data, or information not intended by Now Patient to be made accessible to you, to obtain any materials, or information which is not made available by Now Patient through any means, (iii) to reverse engineer, disassemble or decompile any section or technology, or (iv) for any use other than the personal use for which it was intended.

You are may not: (a) upload or transmit any message, information, data, text, software or images, or other content that could be considered by Now Patient to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate; (b) demean or otherwise impugn any race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (c) create a false identity or duplicative accounts or falsely state or otherwise misrepresent your affiliation with a person who lawfully holds an account with Now Patient; (d) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or agreement; (e) 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; (f) delete any legal notices or proprietary designations or labels; (g) use the communication features in a manner that adversely affects the availability of its resources to other users; (h) 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; or (i) assist or permit any person in engaging in any of these activities.

Now Patient reserves the right to monitor your use and take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Terms of Use. Now Patient may investigate you if Now Patient believes you are involved in a criminal act or other violation of law. Now Patient may cooperate with law enforcement in such an investigation or in any investigation initiated by law enforcement.

If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. You are advised call 911 for medical emergencies.

If you are not experiencing an emergency or do not require immediate or urgent care, but want to follow-up with Now Patient, the physician or pharmacist, you can communicate with those providers through the secure message service on the website. If you have difficulty accessing that messaging service, you can call the following number to arrange a follow-up or get help with accessing the message service on the website:

Phone: +44 20 388 51 500

Now Patient may use other vendors to support Now Patient services such as for shipping or for analytics. The use by Now Patient of any third-party product or service will be disclosed to you and, as a result, the Terms of Use applicable to that vendor will be governed by the applicable vendors’ license or terms of use, and not by this Agreement. In addition to these Terms of Use, your use of Now Patient services must comply with all applicable third-party terms of agreement.

Except for the foregoing or as otherwise specifically in these Terms of Use, including with respect to the indemnification obligations of Now Patient, the physicians or medical groups, the pharmacists and pharmacies and the arbitration consent, there is no intent by either Now Patient or you to create or establish third-party beneficiary status rights or their equivalent in any other entity and no such third party or vendor shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use.

As noted earlier, Now Patient, the physician and the pharmacy may be able to accept health insurance if applicable including Medicare, Medicaid, any other federal payor, any state or private insurer or any FLEX or other plan that withholds and permits pre-tax payment of health care services.

By clicking “Agree,” you acknowledge, understand and agree that you will not attempt to knowingly submit a false claim to Medicare, Medicaid, any other federal payor, or any state or private insurer. You will not use a FLEX card or any other credit or debit card that deducts or makes payments from pre-tax deductions or any health care insurance plan.

Now Patient will not provide you with a receipt for proof of payment. The receipt will identify the services as medical or pharmaceutical services.

The credit card statement will be in the following name:

Now Patient

YOU AGREE THAT DISPUTES BETWEEN YOU AND NOW PATIENT OR YOU AND THE PHYSICIAN OR MEDICAL GROUPS OR YOU AND THE PHARMACY ARISING OUT OF OR RELATED TO THESE SERVICES. COLLECTIVELY OR INDIVIDUALLY, OR THESE TERMS AND CONDITIONS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.

Your access to and use of the Now Patient Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

The services, software, and content of the website are protected in part by copyright laws throughout the world. Now Patient’s name and other related graphics, logos, service marks and trade names used on or in connection with the services are the trademarks of Now Patient Ltd. Neither the copyrighted nor trademarked materials may be used without express written permission.

Now Patient and Infohealth Ltd grants you a limited, non-transferable, revocable license to access and use the Now Patient services for your personal use and in accordance with the purpose of the services. You may not alter, remove, or change any copyrighted material, trademark, service mark or other proprietary rights of Now Patient or Now Patient Ltd.

Your use of the services is subject to all applicable laws and regulations and Now Patient’s policies and procedures. Now Patient reserves the right to monitor the use of the service and, at any time as it deems appropriate in its sole discretion, to remove any materials that may be illegal, may subject Now Patient to liability, may violate this Agreement, or are, again, in the sole discretion of Now Patient, inconsistent with, or adverse to, Now Patient’s policies or procedures.

Now Patient has the right to suspend or terminate your account. Now Patient is not obligated to provide you with a reason for suspending or terminating your account.

Now Patient’s website may contain links to third party websites. If not a Now Patient website, Now Patient does not have control of those websites and thus is not responsible for information, content, services, products, or security on those websites nor does Now Patient endorse any such information, content, services, or products. Your use of those websites is at your risk. Now Patient is not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to on such sites.

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. NOW PATIENT AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PHYSICIANS, MEDICAL GROUPS, PHARMACISTS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. NOW PATIENT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. Now Patient DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Now Patient OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PHYSICIANS, MEDICAL GROUPS, PHARMACISTS AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY NOW PATIENT OR ANY THIRD-PARTY, INCLUDING THE PHYSICIANS, MEDICAL GROUPS, PHARMACISTS AND THE PHARMACIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOW PATIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NOW PATIENT PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
PLEASE ALSO REFER TO THE US PRIVACY POLICY SECTION APPLICABLE TO CALIFORNIA RESIDENTS.

You agree to indemnify, defend, and hold harmless Now Patient, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the websites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these terms.

Any dispute arising under this agreement or as a result of Now Patient services shall be governed by the laws of the State of Delaware.

Now Patient reserves the right to change these Terms of Use, the Telehealth Consent, and the Privacy Policy at its discretion and timing. Each of these documents bears a date at the top. Each time you log in, you should check those dates to ensure that you have read and agree to the latest versions in the event that they have changed since you last logged in.

The Now Patient services are continually undergoing change, improvement, and development. We reserve the right to revise or remove any part of these Terms of Use, the Privacy Policy, the Telehealth Consent, or the service (collectively, “changes”) in our sole discretion at any time and without prior notice to you. Any changes are effective upon posting to the Platform. If you disagree with any changes, your sole remedy is to discontinue your use of Now Patient services.

No waiver by Now Patient of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Now Patient to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Your use of Now Patient services is specific to you as an individual and may not be assigned to another entity or person as also set forth in the section on ACCOUNT. Now Patient may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use to any affiliate of Now Patient or through merger or other corporate transaction to another legal entity or party in the event that some or all of the business of Now Patient is transferred to such other third party by way of such merger, sale of its assets or otherwise.

Neither these Terms of Use, nor any aspect of the Now Patient services, materials or features of the services creates any partnership, joint venture, employment, or other agency relationship between us and you.  You may not enter into any contract on our behalf or bind us in any way. Your use is limited to personal use pursuant to the section above on COPYRIGHT AND TRADEMARK.

Any notices to you from Now Patient regarding the Now Patient Services, the US Terms of Use, the US Privacy Policy or the US Telehealth Consent may be made by email, a posted notice on the website, or regular mail, in the sole discretion of Now Patient.

By clicking “I Agree”, you agree to all the foregoing provisions in these US Terms of Use as well as consented to the use of Telehealth Services