Terms & Conditions
Last Modified: August 05, 2022
INTRODUCTION & ACCEPTANCE OF TERMS
These terms and conditions ("Terms" are an agreement between you as an individual or entity you represent ("you" or "your&rdquo ) and Transparent Health Plans Corp., a New Jersey corporation (hereinafter referred to as THP, rdquo; "we, “our, rdquo; or "us" . You must read, agree to and accept all of the terms and conditions contained in these Terms in order to use the website www transparenthealthplans.com operated by THP (“Website”). The Website sells vouchers that can be redeemed/exchanged for medical services offered by licensed healthcare professionals, pharmacies, labs, and various healthcare facilities.
These Terms expressly incorporate by reference and include THP’s Privacy Policy and additional terms, disclaimers, and statements that may be posted on the Website. Please read these Terms carefully before you use the Website. You understand that by using the Website and registering for an account, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you must not use the Website and register for an account.
To the extent permitted by applicable law, we may, at any time, amend these Terms without prior notice to you, by posting a revised version of the Terms and sending you a notification about changes made. Any revisions to these Terms will take effect when a revised version is posted on the Website and a notification is sent, unless otherwise stated. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and (b) agreement to be bound by any such revised terms and conditions. In the case of any violation of these Terms, THP reserves the right to seek all remedies available in law and equity for such violations.
If you agree to these Terms on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual to these Terms. In that event, "you," or "your" will refer and apply to that entity or individual.
DEFINITIONS
The following definitions, as used in these Terms, shall have the meanings specified below unless defined otherwise elsewhere in these Terms.
(a) “Content” shall mean any and all content (including, but not limited to, descriptions, text, images, logos, videos) that you upload to the Website or otherwise provide to THP for publication on THP Platform.
(b) “Employee” shall mean an employee of an Employer.
(c “Employer” shall mean an entity that wants to purchase Vouchers for its employees.
(d) “Patient” shall mean an individual who wants to purchase Vouchers or Plans for himself/herself, a spouse or unmarried children under 26.
(e) “Plan” shall mean a set of several Vouchers, which are not changeable or refundable. When you purchase a Plan, any unused Vouchers will lose its value after its expiration date if not redeemed prior to such expiration date.
(f) “Promoter” shall mean an entity or individual promoting THP and THP’s services to public.
(g) “Service Provider” shall mean (i) a physician, therapist, physician assistant, nurse, chiropractor, lab technician, or any other medical personnel duly licensed or authorized to provide medical services in their respective fields, or (ii) an entity which employs physicians, therapists, physician assistants, nurses, chiropractors, lab technicians, or any other medical personnel duly licensed or authorized to provide medical services in their respective fields.
(h) “Service(s)” shall mean any medical service or services (except for emergency services), medication, or DME (durable medical equipment) listed on the Website.
(i) “Voucher” shall mean an electronic certificate which can be exchanged for a Service listed on the Website. All Vouchers are not refundable.
YOUR ACCOUNT AND IDENTITY
Types of Accounts. There are four types of accounts available on the Website: Patient, Service Provider, Promoter and Employer.
Patient Account: If you are an individual who wants to purchase Vouchers or Plans for himself/herself, a spouse or unmarried children under 26, you must open a Patient account.
Service Provider Account: If you are a Service Provider, you must open a Service Provider Account.
Promoter Account: If you would like to act as our promoter, you must open a Promoter account.
Employer Account: If you are an employer who wants to purchase Vouchers for your employees, you need to open an Employer account.
Your Account. In order to get full access to the Website either as a Patient, Service Provider, Promoter or Employer, you will need to (i) register for an account (“Account”) and (ii) provide certain information about yourself and the ones you want to purchase Vouchers for, as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Website does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. THP has the right to suspend or terminate your Account and these Terms if you violate any provision of the Terms. If you wish to terminate these Terms, contact THP.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Website. THP cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that THP’s account security procedures are commercially reasonable. You agree to immediately notify THP in the event of any unauthorized use, suspected unauthorized use, of your Account or any other breach of security.
PERMITTED AND PROHIBITED USES OF WEBSITE
Permitted Use of Website. THP authorizes you to view and download the materials available on the Website only for your personal, non-commercial use. You acknowledge and agree that all materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws.
Prohibited Use of Website. The right granted to you in the present Terms is subject to the certain restrictions. You agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); (e) interfere with another user’s use and enjoyment of the Website, or (f) access the Website for the purpose of building a similar or competitive service.
Your Content. You are solely responsible for Content you provide to THP, including its accuracy, completeness or usefulness by others. You hereby represent and warrant to THP that: (i) you have obtained all rights, licenses, consents and permissions necessary in order to authorize THP to use such Content including, without limitation, to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Content, and each and every part thereof, on, through or via the Website at all times until these Terms are terminated.
You hereby agree not to provide THP with or upload any Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene or offensive or that contains pornography, nudity or graphic or gratuitous violence or that promotes violence, racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation or contractual obligations.
VOUCHERS, PLANS, & SERVICES
For this purpose of this Section, “Vouchers” shall mean both singular Vouchers and those that comprise Plans.
Vouchers Purchased by Patients for Their Dependents. A Patient may purchase a Voucher for himself/herself or any dependent such as a spouse or unmarried children under 26 years of age. In order to add your spouse or unmarried children under 26 click on “Dependents” tab under your account.
Moreover, when adding a spouse to your Account, you will be asked to download a consent form. You have to ask your spouse to fill it out and then upload it to the Website.
A Voucher can be printed multiple times under Patient’s name or names of different dependents until redeemed by one of them (and it can be redeemed only once). A person whose name is printed on a Voucher shall be referred to as a “Voucher Holder”. Being a Voucher Holder is subject to eligibility requirements (see Eligibility provision below). If Voucher Holder is a minor, he/she must be accompanied by his/her legal guardian when redeeming Vouchers for Services at the location of a Service Provider.
Vouchers Purchased by Employers for Their Employees. Once you open an Employer account, you can add your employees by clicking on “Employees” tab and purchase Vouchers or Plans for them. Employers and their Employees can share the cost of Plans or Vouchers. Once an Employer populates the list of its Employees (by providing certain information about each Employee) and pays for Plans or Vouchers (either in full or in part), such Employees will receive invitation codes via their emails. Employees then have to create Patient Accounts if they have not already done so and need to add the Plans or Vouchers via the invitation codes. Should the Employer make only partial payment for any Voucher or Plan intended for any certain Employee, any such Employee will have to pay the remaining balance in order to be able to redeem such Voucher or Plan. Neither fully nor partially paid for Vouchers and Plans are refundable.
Not for Emergency Situations. Vouchers cannot be redeemed if a Voucher Holder is having a medical emergency. If a Voucher Holder is experiencing a medical emergency, dial 911 or local emergency number immediately.
Requesting an Appointment with a Service Provider and Redeeming a Service. Prior to redeeming Services listed on a Voucher, a Voucher Holder (or its legal guardian) must contact and make an appointment with one of the Service Providers listed on the Website. The Website has a “Request an Appointment” button. This does not create an actual booking. This only sends your contact information to your chosen Service Provider so that such Service Provider can contact you. By clicking on “Request an Appointment”, you authorize (i) THP to share your contact information with your chosen Service Provider, and (ii) the Service Provider to contact you.
If you do not hear from a Service Provider soon enough, feel free to contact it by locating its contact information on the Website. Once an appointment is booked, click on “Redeem” button next to the Voucher.
When a Voucher Holder redeems a Voucher in exchange for Service(s), the Voucher Holder agrees to assign benefits (value of the Voucher) to eligible Service Provider who will render such Service(s). The Voucher Holder agrees not to assign benefits of any of their health insurance plans (if any) to such Service Provider for those Services.
How to Obtain Additional Medical Service Not Written on Voucher. If a Service Provider recommends a Voucher Holder an additional medical service not written on the Voucher, the Voucher Holder may, at their own discretion, buy that service directly from the Service Provider, a third party or THP’s Website (if available). A Service Provider may only perform an additional service by getting a consent from the Voucher Holder (or his/her legal guardian) and after explaining him/her (or his/her legal guardian) his/her financial responsibility. If purchasing an additional Voucher through THP’s Website, the Tier of the Voucher must match or exceed the Tier of the Service Provider.
Tier System. A higher tiered Voucher entitles one to see a Service Provider of the same or lower Tier. For example, Tier 1 Vouchers can be redeemed for services of only Tier 1 Service Providers, however, Tier 4 Vouchers can be redeemed for services of Tier 1, 2, 3, and 4 Service Providers. By default all Vouchers have access to Tier 1 Service Providers. In order to access a higher Tiered Service Providers one must upgrade the Voucher of the desired Tier.
Other Prohibited Uses of Vouchers. A Voucher cannot be used (i) to redeem medical services or DME (durable medical equipment) you already received or medication you already obtained in the past, and (ii) in lieu of insurance deductibles, co-pays, coinsurance or any leftover balances for any services not covered by the Voucher.
Upgrading Your Voucher. When you purchase a Voucher, by default it will be assigned Tier 1 (category). You may upgrade your Voucher to a higher Tier. You may not downgrade your Voucher once upgraded to a higher Tier. To review benefits of different Tiers, visit our Website.
Expiration of Vouchers. Each Voucher has an expiration date. If a Voucher is purchased by a Patient, it will expire 365 days after the date of purchase if not redeemed for Services prior to its expiration date. If a Voucher is purchased by an Employer (even if partially paid for), any such Voucher will expire 365 days after the Employer sends out an invitation code to an Employee, who the Voucher is intended for. Expired Vouchers have no value and cannot be redeemed for Services. If the Employer is the one purchasing the Vouchers,
Return & Exchange Policy. A Voucher has no cash value. If you purchase one of our Plans, which consists of several Vouchers, neither Voucher in such Plan can be returned or exchanged for other Vouchers. However, if you buys a Voucher outside of a Plan, any such individually purchased Voucher may be exchanged, within 30 calendar days of purchase, for a credit amounting to the value of the initial purchase, provided that such Voucher was not redeemed (by clicking on “Redeem” button next to the Voucher on the Website). Such credit may be used to purchase other Vouchers on the Website, however, the Voucher Holder will stay the same.
Written Orders for Some Services. Some Services may require a written order from a licensed physician, for example, to be able to get an MRI or surgery. It is Voucher Holder’s sole responsibility to check, on the Website, if there are any prerequisites to receiving a Service.
Eligibility. In order to qualify for medical services sold on the Website, a Voucher Holder must not be enrolled in any federal or state funded healthcare programs or use such programs to purchase or redeem any Voucher on the Website. This Website is only to be used in connection with the purchase of medical services that are not to be reimbursed by any state or federal healthcare programs (including Medicare or Medicaid). Thus, no Service received as a result of the use of this Website is eligible for reimbursement by any federal or state healthcare program. Therefore, you represent and warrant that (i) no Voucher Holder is a beneficiary of a federal or state funded healthcare program and (ii) you understand that no Voucher purchased on this Website is eligible for reimbursement by a federal or state funded healthcare program.
Payment Processing. Most major credit cards are accepted as a method of payment. However, when you place an order via the Website, you will be asked to provide financial information which will be collected, stored and processed by Stripe, Inc. (“Stripe”), a third party payment processing company. As we are not responsible for business practices of Stripe, you may need to refer to Stripe’s privacy policy and terms and conditions to learn how Stripe uses your financial information.
THP FEE
For provision of the Website and its services, THP shall earn a fee (“THP Fee”), which is equal to the difference between the cost of a Voucher or Plan and the fees paid to a Service Provider(s) minus any rebates or discounts. The THP Fee consists of payment-processing, marketing and service fees.
YOUR PRIVACY
At THP, we respect the privacy of our clients. For details, please go to our Privacy Policy. By purchasing, assigning or accepting a Voucher or by registering for an Account, you agree and consent to our collection and use of personal data as outlined therein and you agree to abide by and not violate such Privacy Policy on your part.
OWNERSHIP OF INTELLECTUAL PROPERTY
We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website. Our name, logo and other names associated with the Website belong to us and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
HIPAA COMPLIANCE AND YOUR CONFIDENTIAL INFORMATION
All of Service Providers listed on the Website are bound by the rule not to disclose your individually identifiable health information (“PHI”), as defined in and subject to protection under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated pursuant thereto (“HIPAA”). THP does not ask you to disclose any PHI to us or any Employer and you agree not to disclose any PHI to THP or any Promoter associated with THP. Any such disclosure is at your own risk.
COMPLAINTS AND PUBLIC REVIEWS
Each Voucher Holder (or his/her legal guardian) has the right to leave an honest consumer assessment of Services (“Review”) on the Website. We reserve the right to remove any Review from the Website that: (i) contains confidential or private information such as financial or medical information (PHI), (ii) is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, (iii) is unrelated to Service Providers and/or Services or Promoter, or (iv) is clearly false or misleading.
Moreover, each Voucher Holder has a right to file an official complaint if such Voucher Holder is unsatisfied with any Promoter or Service Provider, appropriateness of Services rendered, timeliness of Services rendered, availability of Services, delivery of Services, prescription of Services, denial, reduction, and/or termination of Services, disenrollment, or any other performance by a Service Provider. All official complaints must be mailed directly to the Promoter or Service Provider in question.
DISCLAIMERS; LIMITATION OF WARRANTIES.
THP is not an insurance company. Before making a purchase on the Website, THP highly recommends one to check the Service Providers (and their participating Tier Level) in Voucher Holder’s area via the Website and call them to learn about their availability. Any Service Provider has the right to terminate his or her participation on the Website or change its Tier without giving any notice, therefore, should such a case arise, a Voucher Holder will need to choose another Service Provider from the Website.
THP is not affiliated with any Service Provider and is not responsible for the quality of Services provided by any such Service Provider. Any Voucher Holder has the right to ask for appropriate licenses and credentials from Service Providers before redeeming Services and to leave an honest review on our Website.
THP gives no warranty as to the accuracy, content, timeliness, completeness, reliability, quality, or suitability of any Content published on the Website. In other words, the Website and all information, materials, included on or otherwise made available to you are provided on an “as is” and “as available” basis. THP does not warrant that your access to the Website will be uninterrupted or that the Website will be free of errors, typos, viruses or other harmful components. Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
We do not warrant that your purchase of Vouchers or Plans are eligible to tax deductions. You must consult with your tax specialist with regard to any possible tax deductions.
We reserve the right to change the Tier level of any Service Provider and prices of Vouchers and Plans at any time, at our sole discretion. Any such changes will be reflected on the Website immediately.
GENERAL PROVISIONS
Entire Agreement. These Terms, our Privacy Policy, disclaimers, and warranty statements constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior discussions and agreements between you and us with respect to such subject matter.
Term & Termination. These Terms shall become effective when you open an Account on the Website and shall terminate when you or we close your Account.
Effect of Termination. Upon termination of these Terms, your Account will be inactivated and all unused Vouchers will be void (no refund will be issued).
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means for receiving any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website. Notices hereunder shall be invalid unless made in writing and given (a) by THP via email (to the email address that you provide), (b) a posting on the Website or (c) by you via submission to such other email addresses as THP may specify on the Website. The date of receipt will be deemed the date on which such notice is transmitted.
Indemnification. You agree to defend us, indemnify us and hold harmless THP, its subsidiaries, affiliates, officers, agents, employees, contractors, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of a Voucher, (ii) your use of Services, or (iii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Governing Law. These Terms shall be governed by the laws of the State of New Jersey, USA and you agree that the courts located in Middlesex County, NJ, USA shall have exclusive jurisdiction in any dispute. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.