This online platform salusemr.com is a website registered in the name of Salus EMR a company incorporated under the laws of Texas, United States of America. Throughout the site, the terms “we”, “us” and “our” refer to Salus EMR. Salus EMR offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These terms and conditions are a legally binding agreement which govern access to and use of the Service provided by Salus EMR through our website or mobile application hosted at salusemr.com as well as on external servers, domains, sub-domains including those owned and operated by third-parties.
By visiting our site and/or purchasing something our Service, you engage in our “Service” and agree to be bound by the following terms of use (“Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
We use your personal, health and business information in accordance with our privacy policy (which is incorporated by reference) and these terms. By using our website and Service, you consent to such processing, and you warrant that all information provided by you is accurate and lawfully obtained. To the extent you provide us with personal and health information of third parties and/or minors, you represent and warrant that you have the lawful authority to provide us with such information and have complied with all applicable laws, rules and regulations whether domestic or foreign.
For more information on how we handle personal information and data, please visit our privacy policy.
SERVICE PROVIDED BY SALUS EMR AND ITS USE
The Company provides a host of services including but not limited to:
1. Create and submit electronic forms and send them via email to other clients or other persons.
2. Provide access to booking appointments or meetings between service providers and their customers or patients.
3. Other functions as may be offered by us from time to time:
Information collected and stored by our Service, including forms, booking information, shared documents, online messages and other information is hosted by Salus EMR on our servers and with other third-parties. We use different third-party providers to facilitate providing additional Services like E-Prescribing, which enables obtaining electronic copies of prescriptions, thereby making the entire process to provide quality healthcare, easily accessible and without any ambiguity. In addition to the E-Prescribe Service, Salus EMR also provides a customer with Services for Electronic Prescriptions for Controlled Substances (EPCS) for obtaining prescriptions of controlled or scheduled substances under law. If a customer desires to use the EPCS Service, offered by Salus EMR, then the following is applicable:
a) Usage: The Electronic Prescription account will be assigned to a specific provider (‘Prescribing Provider’), which will be authorized by the customer. In lieu of this, each Prescribing Provider will be provided with a Hard Token and confirmation letter. It is pertinent to take note that these Hard Tokens will be provided on submission of a valid identity proof. Further, if such Hard Token is lost, damaged, or becomes inoperable in any manner whatsoever, an additional fee will be charged to obtain a new hard token. Moreover, if the Prescribing provider, instead of using a Hard Token, opts for using a Soft Token, the same must be downloaded and kept on a separate device than the device through which the Prescribing Provider will gain access to the EPCS Service.
b) Agreement: Each and every Prescribing Provider, by choosing to opt for the EPCS Service, represents, warrants and agrees to retain the sole possession of the Hard Token and not share, either the login details or the password/passphrase with with any other person or entity. It is further agreed that the EPCS account of Prescribing Provider will be subject to revocation or suspension on failure to secure the token, login details or any biometric information as per the discretion of Salus EMR.
c) Obligation: if a customer or a Prescribing Provider gains knowledge, either through a pharmacy or through any other person/entity, that there are some errors or incorrect details mentioned including the United States Drug Enforcement Administration (DEA) number, then it will be the customer’s/Prescribing Provider’s obligation to inform Salus EMR of the same, within one (1) day of gaining such knowledge of such error or incorrect information. It will also be obligatory on the Prescribing Provider to inform whether the authentication details have been compromised in cases of loss or theft of its token, within one (1) day of gaining such knowledge. Further, the Prescribing Provider is responsible for all prescriptions of controlled/scheduled substances, written using its two-factor authentication credentials. The Prescribing Provider further agrees to prescribe controlled/scheduled substances only for legitimate medical purposes and not in any other circumstances which does not warrant prescribing controlled/scheduled substances. Furthermore, the Prescribing Provider agrees to review the security logs on a daily basis to identify and verify any security incidents/lapses and in any case where such an incident is discovered, to report the same to the DEA or any other authority responsible for taking action and provide Salus EMR with a report of the same.
d) General: Every customer who opts for the Service for E-Prescribe (Non-EPCS) then the customer and Prescribing Provider agree not to grant or give away the login and password credentials to any other person. Further, the customer as well as the Prescribing Provider agree to abide by the policies of Salus EMR and the E-training provided.
If you have any questions about our Service, please contact us at support@salusemr.com .
4. In different scenarios, our Service sends commercial electronic messages, including emails and SMS/text messages to email addresses and phone numbers you upload to the Service. You are solely responsible for all such messages that are sent using our Service. Whether you are a service provider paying for our Service, a user, client, prospective client, patient or prospective patient of a service provider, these Terms and all policies incorporated by reference apply to you.
5. SMS Marketing Feature
Salus EMR also offers its users including customers, patients and service providers with a SMS marketing feature ("SMS Feature") that allows one to send and receive SMS messages with patients or customers who opt-in. Standard messaging rates will apply to those users who opt for this feature. Any user who opts to use this feature, agrees to follow the mandate contained in the CTIA Short Code Monitoring Handbook ("CTIA Handbook") and the Telephone Consumer Protection Act of 1991 ("TCPA"). Links to both documents are available online.
No Unsolicited Messages: You agree that you will not send unsolicited messages, defined as messages sent without prior consent or those sent after someone has opted out, except for a final opt-out confirmation.
Compliance with Policies: All messages sent by the users of this feature, must align with the relevant use and privacy policies of Salus EMR. These messages shall be sent only in strict compliance of the policies of Salus EMR and under those required under the law for the time being in force.
Opt-In Requirements: Messages should only be sent after a patient or user has actively opted in through clear and unambiguous language to receive such messages. Simply entering a phone number is not sufficient. Patients and users must fully understand they are opting in to receive messages. Moreover, enrolment of a patient or a user in multiple short code programmes through the use of the SMS Feature is prohibited, without the express written consent of such patient or user.
Opt-In Confirmation: After a patient or user opts in, a confirmation message verifying their enrolment must be sent.
Message Content:
- Product Description: A short description of the messages the patient will receive, e.g., "Sign up for text messages about our specials!"
Fee Disclosure: Messages sent to residents of the United States of America, must include "Message and data rates may apply." For Canadian residents, the message "Standard message and data rates may apply.", shall be included.
Message Frequency Disclosure: State how often they will receive messages, either specific (e.g., "1 message per day") or general (e.g., "Message frequency varies").
Link to Privacy Policy: You must provide a clear link to your privacy policy in the initial opt-in message.
Contact Information: Clearly provide contact details for the patient or user support. The "HELP" keyword, should at least, return information on how to contact you. This information can include an email address, phone number, or a link to a webpage which the patient or user can easily access to derive support. Further, you should display this information at least once every 30 days.
Opt-Out Information: All opt-in messages should mandatorily include opt-out instructions.
Opt-Out Process: A functioning opt-out mechanism is required, and you must honour opt-out requests. You must respond to keywords like "STOP," "END," "CANCEL, UNSUBSCRIBE" etc., and provide opt-out instructions regularly (at least once every 30 days). Usage of prefix or suffix words, punctuations, or any other combination should not hamper the intent of the user or patient to opt-out from the SMS Feature. A final confirmation message may be sent to acknowledge and inform the user or patient that as per the their request, they have been successfully opted-out from the SMS Feature.
Terms and Conditions: You agree to include the SMS marketing campaign requirements in your mobile terms or user agreement, which must be approved by patients or clients before sending them messages.
Violation Consequences:
- First Violation: Salus EMR will notify you of the violation, by sending an email to the registered email address, provided by you and your ability to use the SMS Feature will be suspended for up to 30 days from the date of such notification. You must provide proof of correction within 30 days and if you fail to correct the issue, you may be permanently excluded from using the SMS Feature.
- Second Violation: Your account will immediately be locked and suspended, and the SMS Feature will be suspended. You will be notified by email and may be permanently excluded from using the feature. For further support reach out to us on support@salusemr.com.
Representations and Warranties: Service Provider
As a service provider using our platform, you confirm and guarantee that:
You have the legal authority, according to all applicable laws, to collect, store, and use personal and health information gathered through the service.
You will use the service in compliance with all relevant laws, regulations, and our Acceptable Use Policy.
You have obtained consent from each individual whose data you collect, including clients, prospects, customers, patients, and others. This consent must be:
(a) explicitly given by the individual;
(b) knowledgeable and informed;
(c) relevant to the information you collect;
(d) not obtained through any deceptive or coercive methods.
You will send messages only to individuals with whom you have a professional relationship (clients, prospects, customers, patients, etc.), ensuring compliance with domestic and international anti-spam laws. You will not send unsolicited commercial electronic messages through the service.
Responsibility for Data: You accept full responsibility for any damages, fines, or penalties (except those resulting from our gross negligence) related to the collection, storage, misuse, loss, or theft of any personal or health information you gather and store using our service from your clients, prospects, customers, patients, or others.
Client Agreements and Consents: You are responsible for ensuring that you have proper agreements and consents in place with your clients, prospects, customers, patients, or anyone else you interact with or send messages to through the Service. These agreements must authorize us to collect and store personal and health data on your behalf as an IT service provider, and inform them that you’re using our intake, messaging, data transmission, document-sharing, and scheduling services and other services like fax, reporting, resulting, E-Priscribe, E-Prescribe with EPCS, Lab ordering, Pharmacy ordering. Additionally, you must have all necessary privacy policies in place for the collection, storage, and use of personal and health information.
Electronic Agreements: If you use our Service to create agreements electronically with clients or others, it is your responsibility to ensure that such agreements are legally valid and enforceable under the relevant and applicable laws.
No Agency Relationship: We are not your agent. Our Service simply supports your processes related to intake, scheduling, messaging, document sharing, and forming contracts with clients and others. It is your responsibility to have your own terms, conditions, privacy policies, or other applicable agreements governing your relationship with those third parties.
Breach Notification: You must inform your clients, prospects, customers, patients, or anyone else whose personal health information is handled through our Service if you believe their information has been stolen, lost, or accessed without authorization, at the earliest reasonable opportunity.
Response to Inquiries: You must promptly address any inquiries from third parties, such as prospects or patients, regarding your data practices, requests for access or correction of information, and complaints about your handling of their data.
Maintaining Contact Information: You must keep Salus EMR updated with the current representative or authorized person for contact purposes and any requests you make to Salus EMR.
TERMS APPLICABLE TO ALL END-USERS
If you are a user accessing our Service or sharing your personal or health information through our Service, you acknowledge, agree, and confirm that service providers are permitted to collect and store your personal and health data. Additionally, you agree to use our Service in compliance with our End-User License Agreement.
By agreeing to these Terms of Use, you represent that you are a person who is capable of entering into a legal and valid contract under the applicable municipal, provincial or federal laws and you have given us your consent to use your information as per applicable laws. If you are a minor or any person who is not eligible to enter into a contract as per the said act then the use of the website and transaction can be made through a legal guardian or parent or a person. Further, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Any breach or violation of any of the Terms of Use will result in an immediate termination of your services.
PRIVACY INFORMATION
Through your use of the Service offered by Salus EMR through our website and application(s), you may provide us with certain information. By using the website or the Services, you authorize the Company to use your information in any country where we may operate. The user hereby consents and admits, expresses impliedly or otherwise and agrees that he/she has read and fully understands the Privacy Policy of Salus EMR, the website and unconditionally undertakes to read the same from time to time.
A. Information we may collect or receive: Depending on how you use our website or services, we may receive information from external applications you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
B. How we use information: We use the information gathered from you to ensure your continued good experience on our website. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers, including other marketers.
C. How you can protect your information: If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, photographs, images, sounds, music, artwork, audio clips, digital downloads, data compilations, computer codes and software (for the sake of brevity “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangements of such content, is the property of Salus EMR or its content suppliers and protected by the applicable copyright laws. The compilation of all content on this site is the exclusive property of Salus EMR and protected by applicable copyright laws. All software used on this site is the property of Salus EMR or its software suppliers and protected by applicable copyright laws.
Unless otherwise expressly provided in this Terms of Use or in writing, no part of the website or its contents may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, transmitted, translated or distributed in any manner to any other computer, computer system, computer network, server, website, social media platforms, or other medium of publications (print or electronic) or distribution or for any commercial use or expression in any manner.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify our copyright agent at legal@salusemr.com . While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
TRADEMARKS
Salus EMR & design and other trademarks indicated on our site are registered trademarks of Salus EMR. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Salus EMR. Salus EMR trademarks and trade name may not be used in connection with any product or service that is not in any manner likely to cause confusion among customers, or in any manner that derogates or disparage or discredits its registered trade name or trademark. All other trademarks not owned by Salus EMR or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Salus EMR.
GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Further, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products, service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.
LICENSE TO USE WEBSITE
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Salus EMR. This license will be subject to the terms and conditions as mentioned in the End-User License Agreement and Terms of Service Agreement.
We may provide you with certain information as a result of your use of the website or services. Such information may include, but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the website or services. These information may not be used for any other purpose and this license terminates upon your cessation of use of the website or services or the Customer Agreement or at the termination of these Terms of Use.
You agree not to collect contact information of other users from the website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the website and You agree that you shall not bypass any measures used by Salus EMR to prevent or restrict access to the website.
DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY
You agree that, to the fullest extent allowed by law, neither we nor our affiliates, officers, directors, shareholders, employees, contractors, agents, suppliers, or licensors will be held liable, under any circumstances, for any indirect, special, incidental, punitive, exemplary, or consequential damages, no matter the legal theory or whether we were warned of the potential for such damages, or if they were foreseeable.
Additionally, you agree that, to the fullest extent permitted by law, the total liability for any claims related to or arising from the use of our website or services, or in connection with these terms, will not exceed the greater of: (a) the total amount You paid in the last six (6) months, or (b) one hundred dollars ($100).
You acknowledge and agree that your access to our website and services, and any fees paid by you (if applicable), reflect the distribution of risk as outlined in these terms. We would not have entered into this agreement or provided access to the website or services without these liability restrictions.
INDEMNIFICATION AND HOLD HARMLESS
You agree to protect, indemnify, and hold us, as well as our affiliates, employees, shareholders, directors, agents, representatives, and contractors, harmless against any claims or liabilities (including reasonable legal fees) that result from: (i) your breach of these terms or any incorporated policies; (ii) your violation of any third-party rights; (iii) any false representation or warranty you made to us, whether in these terms, the privacy policy, or elsewhere; or (iv) any claims for damages suffered by you, your employees, contractors, users, patients, prospects, or customers.
TERMS APPLICABLE TO API CLIENT PROVIDERS AND USERS
We may allow certain individuals and businesses ("API Providers") to use our Application Programming Interface ("API"). If you are an API Provider or if you are accessing our service, data, or information through an API client hosted on a separate web domain, you agree that these terms will apply to you and are legally binding.
SEVERABILITY
If any part of these terms is determined to be illegal, invalid, or unenforceable for any reason, that provision will be considered separable from the rest of the terms and will not impact the validity and enforceability of the remaining provisions.
If a provision is found to be illegal, invalid, or unenforceable, a legal or enforceable term that closely aligns with the original intent of the provision will take its place.
INCORPORATION BY REFERENCE
All policies referred to in these Terms or anywhere on our Website or Service are hereby incorporated by reference, including but not limited to our Privacy Policy and Terms of Service Policy.
ENTIRE AGREEMENT
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Salus EMR.
COMPLIANCE OF HIPAA, GDPR, HITECH AND PIPEDA COMPLIANCE TERMS
Salus EMR is in compliance of the provisions of the applicable laws, rules and regulations and maintains the highest standards of privacy and protection of data of its users.