Legal

Version: 1.0 (January 26th 2024)

This is a legal agreement between you and Eva Care Group, LLC. (“Eva Care Group”) stating the terms that govern your use of certain smart phone and tablet applications owned by Eva Care Group, specifically, applies to the Eva Care Group website located at www.evacare.com and/or other authorized websites/resources (“System”), and for each software or applications we make available for download from our System, the Apple® App Store or Google Play Store (“Software Apps”), for the Eva Care Group Products or our Data Services. We refer to each visitor to our System or each user of an Eva Care Group Product or Software Apps as “you” or as a “User.” We refer to our System, our Data communication and our Data Services as the “Eva Care Group Services.” We refer to Eva Care Group products purchased from Eva Care Group directly or through a distributor as the “Eva Care Group Products.” This Privacy Policy governs your use of Eva Care Group Products, Eva Care Group Services and Software Apps.

By using any Eva Care Group Service, Eva Care Group Product or Software App, you agree with the terms of this Privacy Policy. Whenever you use any Eva Care Group Service, Eva Care Group Product or Software App, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. Eva Care Group reserves the right to update this Privacy Policy at any time by publishing the revised Eva Care Group Privacy Policy on the Eva Care Group official website or App. Eva Care Group may modify these terms or any additional terms that apply to a Eva Care Group Services, Software Apps, Eva Care Group Products, and this Privacy Policy to comply with the HIPPA and other relevant regulations. You should look at the terms regularly. If you are a doctor or a health professional who is using any Eva Care Group Product, Eva Care Group Service, or Software Apps for your patient(s), you shall be obligated to inform this Agreement and relevant information to your patient(s) and to obtain your patient’s consent before starting to use any Eva Care Group Product, Eva Care Group Service, or Software Apps.

Definition

The information we receive about you (which we refer to collectively as your “Personal Information”) includes Registration Information, Feedback Information, Data Services Information and User Information:

•  “User Information”is information when you register with Eva Care Group for your use of an Eva Care Group Product, Eva Care Group Service or Software App. This information may include your name, address, telephone number, email address and other information relates to the reading analysis, as well as information regarding your use of Eva Care Group Products, including the product model and serial number.
•  “Data Services Information”is information we receive and transmit through our Data Services or Software Apps, and includes:
•  Blood glucose readings;
•  Blood pressure readings;
•  Temperature readings;
•  Weight readings;
•  SpO2 readings;
•  Information associated with each types of reading, including date, time, and device model.
•  “User Experience Information”includes:
•  Information we receive from the computer, mobile phone or other device you use in connection with Eva Care Group Services and Software Apps, and information we receive from Software Apps regarding your use, which may include your IP address, communication or internet service while using Eva Care Group Services and Software Apps, such as your settings and other activity regarding your use of the features of Eva Care Group Services and Software Apps;

The Usage of the Information

•  User Information:We use User Information to manage your account and Eva Care Group Products and Eva Care Group Services. We do not make any User Information public. Your doctors or health professionals may have access right to the User Information under your approval or your own health management program.
•  Data Services Information:We collect Data Services Information and store it on our servers, process it using Data Services. We may use Data Services Information for our operations, administration, maintenance and support.
•  User Experience Information:We collect Use Experience Information and store it on our servers, and process it for the service we provide. We do not disclose to any unauthorized third parties any Use Experience Information that can identify you.

HIPAA

We may receive certain health information of yours that is “protected health information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). When we receive protected health information, such information will be subject to the requirements under HIPAA and the regulations effective under each of those Acts.

Security

Eva Care Group uses commercial standards of technology and operational security to protect Personal Information. Personal Information transmitted through Eva Care Group Services is transmitted in encrypted form.

Personal Use Only

If you are using Eva Care Group Services on behalf of an individual person or a business, that individual person or business shall accept and agree any and all of the terms under this agreement. You agree to hold harmless and indemnify Eva Care Group and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Eva Care Group Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Liability for our Services

When permitted by law or any order from an authority, Eva Care Group and its affiliates, officers, agents, and employees will not be responsible for any loss or damage of profits, revenues, or data, financial losses or indirect, special, consequential, or punitive damage. The total liability of Eva Care Group and its affiliates, officers, agents, employees and its distributors shall be limited to the amount you paid to use the Eva Care Group Products, Eva Care Group Services, and/or Software Apps. Other than as expressly set out in this Privacy Policy or its modified terms, neither Eva Care Group, its affiliates, officers, agents, employees nor its distributors make any specific promises about the Eva Care Group Products, Eva Care Group Services, and/or Software Apps.

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing US Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Accessing this Site

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than greenfieldcare center if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Virus, Hacking and Other Offenses

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

You’re Concerns

If you have any concerns about material which appears on the Site, please contact info@evacare.com.

These terms and conditions form part of the Agreement between the Client and us. You’re accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Disclaimer Notice

This website is offered as merely background information and a general description of services. It does not represent the specific service to be provided to any individual patient. It is the responsibility of each patient and their family to conduct a thorough evaluation in order to make an informed decision about their potential admission.

Please be advised our Center does not discriminate on the basis of age, gender, sexual orientation, race, color, ethnicity, religion, creed, disability, military status, or national origin. Notwithstanding the foregoing, the Center is required to accept only those patients for whom it can care for adequately, and reserves the right to limit any admissions for which it does not have appropriate capacity or capability under the circumstances at the time.