Terms and Conditions
PLEASE READ the following terms and conditions Carefully before seeking a second opinion from this site. The terms and conditions listed hereafter GOVERNS YOUR USE OF THIS SITE.
These terms and conditions are contractually binding on you agreeing to use this site.
IF YOU DO NOT WISH TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.
THE RADIOLOGICAL SECOND OPINION PROVIDED BY US IS NOT INTENDED TO REPLACE A PRIMARY OPINION NOR BE RELIED UPON WITHOUT CONSULTATION WITH YOUR TREATING MEDICAL PROVIDER/DOCTOR OR PRIMARY CARE PHYSICIAN. YOU SHOULD SEEK EMERGENCY HELP OR FOLLOW-UP CARE WHEN RECOMMENDED BY YOUR TREATING MEDICAL PROVIDER/DOCTOR OR WHEN OTHERWISE NEEDED, AND CONTINUE TO CONSULT WITH YOUR PRIMARY CARE PHYSICIAN AND OTHER HEALTHCARE PROFESSIONALS AS RECOMMENDED.
1. OVERVIEW
Virtual Radiology Consult Ltd (herein referred to as ‘VRC’) operate this website. VRC through this website offer online Radiologist’s second opinions whereby an individual (“user” or “you”) can engage a medical doctor specializing in Radiology (“Radiologist”) to give a second read of a prior set of diagnostic digital radiological images from different radiological modalities (i.e X-rays, Mammography, Computer Tomography or CT or CAT scan, Magnet Resonance Images or MRI Scan, Positron Emission Tomography or PET scans, Nuclear Medicine Scan, Bone Density Scan, Vascular imaging, Cardiac Imaging or hybrid thereof) and hence provide a written radiological opinion of the images, the “second opinion”. Please note the VRC panel of radiologist is comprised of expert Radiologists who are further sub-specialized in the area of the body imaged and in the radiological modality used. By accessing and using the VRC website, you agree to be bound by these Terms of Use and all other terms, conditions and policies that appear on this site.2. SECOND OPINION
The diagnostic image reads offered on the site are for the sole purpose of obtaining a second opinion. It is your responsibility to obtain an initial read on your diagnostic images. You MUST NOT rely on the second Opinion rendered by a VRC Radiologist without consulting with your primary care physician or treating medical provider. The second opinion service produced from use of this site is for self assurance purpose only, therefore, it should not be produced before any courts or insurance authorities. We work in the best interest of the Diagnostic outcomes. In case of data insufficiency or radiologists are not convinced with the case parameters, they can retract from the case. There should not be overdependence on second opinion as clinical findings have greater importance.3. NO DOCTOR PATIENT RELATIONSHIP IS ESTABLISHED BY THE SECOND OPINION PROVIDED
No licensed medical professional/patient relationship is created by using information provided by or through the use of this site or through the second opinion provided or through any assistance VRC may provide to you.
VRC does not practice medicine or any other licensed profession. All Radiologists on VCR panel providing a second opinion on your diagnostic images is an independent professional solely responsible for the second read rendered. VCR does not in any way interfere with the professional opinion of the Radiologist.
The Second Opinion is intended for self assurance purposes for your care and diagnosis and cannot be used in any legal action or proceeding of any kind; including but not limited to medical malpractice, professional liability or worker’s compensation.
4. RELIANCE ON THE SECOND OPINION
You therefore acknowledge and agree that the second opinion report provided through the use of VRC does not in any way constitute a diagnosis, medical advice, treatment, medical care or establish any doctor-patient relationship. Furthermore, you understand that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment and evaluation of the second opinion radiology report. Your doctor shall directly communicate to you all information contained in VRC radiology second opinion report.
5. INFORMATION/IMAGES PROVIDED ON APPLICATION
To request a second opinion with VRC you must be of legal age to form a binding contract, legal age is defined here as eighteen (18) years or as defined in the country in which you reside, or whichever is the greater of the two. When you apply on VRC for a second opinion you must supply the information requested including your name, email address, age and other personal and medical information. You agree that the information provided to us at all times, whenever requested, will be true, accurate, current, and complete. You agree that you are the lawful owner of the said information and the images provided to us or you have legal or valid authorization to share the same.
6. INFORMATION/IMAGES NECESSARY FOR SECOND OPNION
VRC is an online radiological website that provides a written second opinion on prior diagnostic images uploaded by you/the user. At all times it is assumed that you are under the care/advice of your medical provider who has had an initial report on your images.
VRC assumes that images and medical information provided is complete, is of diagnostic image quality and in an imaging format that is appropriate for reporting by a Radiologist.
In the event that in our opinion the imaging study provided is inadequate or the information provided is incomplete, eighty percent (80%) of the fees will be refunded to the you.
Please note a comparative study is an essential part of a second opinion therefore you must submit earlier reports and investigations/images that pertain to the study for which the second opinion is requested. The medical referral/request used to obtain the images initially as well as a clear medical history of symptoms would be of value.
The professional radiological second opinion given thereafter, will be given solely based on the information provided, that is the facts and the images submitted/provided by you.
All our radiological second opinions are in written format that will help in further scrutiny and management of your case. There is no video consultations or opinion audio possible at this time.
Please note that the radiological opinion provided is an opinion which may or may not include advise/suggestions based on the clinical query from your referring doctor and the medical facts/history presented to us. However, for the interpretation of the report and management of your case you must take the radiological opinion to your medical provider.
7. VRC PROCEDURE
On application and upload of images to VRC. VRC will assign your case to a member of the radiologist team based on several factors including subspecialized skills and availability of the radiologist. You cannot demand or challenge the selection at a later stage.
VRC response time is generally 72 hours however our estimate will vary depending on the type of case, the complexity of the case, radiological subspecialty involved, provision of additional information by you if so requested and the number of prior studies that must be compared to provide the second opinion.
Although every effort will be made to generate a second opinion radiology report in a reasonably timely fashion. VRC makes no representation or warranty as to the exact timeframe in which the second opinion radiology report will be generated.
VRC at this time will be using email as the primary means of communicating with you, hence additional questions or request for additional information/images as well as the second opinion will be submitted to you via email.
8. CONSENT
The information/images that we receive from you will be shared with our expert internal team of radiologists and if deemed necessary with other external radiologist associates and medical personal/or other stake holders including your referring doctor. This is to ensure that you receive the best possible advice/opinion that we can provide. We will take all reasonable actions to ensure that your identity is not made public.
In your use of VRC for a second opinion you are implicitly giving us permission to share your VRC second opinion with the referring doctor who referred for the images under review and/or your current medical provider if in our opinion the same is necessary.
9. POSSIBLE RISKS
VRC endeavors to provide a secure and private connection between you, VRC website and the reading Radiologist on VRC panel. However please note that as with all websites and IT communications there are potential risks, these risks include, but are not limited to:
• Delays in rendering of the second opinion could occur due to failures of the electronic equipment;
• Incomplete medical records may result in judgment errors;
• Security failure, causing a breach of privacy of personal or health information.
10. PRIVACY AND SECURITY
Personally identifiable information provided by you (name, email or home address, etc.) will not be disclosed to anyone except as explicitly noted in section 8 (consent) before.
As stated in section 7 prior, VRC uses email as its primary means of communicating with you, however VRC cannot ensure the security or confidentiality of information sent by email.
VRC reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the site. In no event and under no circumstances shall VRC be held liable to you for any injuries or damages flowing out of your use of the site or second opinion provided.
11. PAYMENT OF FEES
You acknowledge that you or any authorized individual acting on your behalf and who is requesting the second opinion radiology report is responsible for all fees charged by VCR for the services rendered. You understand that you or your authorized agent must pay these fees in advance of the service.
The methods currently on offer for payment of fees are through credit card, paypal account and direct bank transfer.
By providing VRC with your credit card number or paypal account and associated payment information, you agree that VRC is authorized to immediately invoice your credit card or paypal account for all fees and charges due to and payable to VRC and that no additional notice or consent is required.
In the case of bank transfer, payment is made when you sent VRC the confirmation of the transfer.
Please note that you have the option to withdraw consent for this second opinion radiology report at any time. However, if you withdraw your consent after payment is made, you will remain responsible for the full amount. No money will be refunded after services are issued unless as stated in Section 6 above.
VRC reserves the right to modify or implement a new pricing structure at any time prior to billing.
VRC does not warrant its fee may qualify for insurance reimbursement, any such reimbursement is your totally your responsibility to pursue.
12. TRADEMARKS
Names, logos, and other materials displayed on the VRC site may constitute trademarks, trade names, service marks or logos of VRC or its Radiologist or associates or partners. You are not authorized to use any such trademarks, trade names, service marks or logos without the express written permission of VRC. Ownership of same and the goodwill associated with it remains with VRC or its associates or partners.
13. TERMINATION
You may cancel your application at any time, for any reason by sending an email to us on the address provided on the site. VRC may suspend or terminate your application for any reason at any time, subject to applicable law, VRC reserves the right to maintain, delete or destroy all information/images/second opinions/any communication uploaded/sent to VRC pursuant to its internal record retention and/or content destruction policies subject at all times to the laws of Trinidad and Tobago pertaining to Radiological records. After such termination, VRC will be under no further obligation to you.
14. AMENDMENTS
We may at our sole discretion amend, change, add, or delete portions of these Terms and Conditions of Use at any time on a going-forward basis. Therefore, it is your responsibility at all time to read the Terms and Conditions each time you use the site for a second opinion.
15. DISCLAIMER WARRANTIES
YOU EXPILICTLY AGREE THAT YOUR USE OF VRC FOR A SECOND OPINION IS AT YOUR OWN RISK. THE SITE AND THE SECOND OPINIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You explicitly agree that the second opinion obtained through VRC is intended for care and diagnosis and cannot be used in any legal action or proceeding of any kind; including but not limited medical malpractice, professional liability or worker’s compensation.
You explicitly agree that you understand that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment and evaluation of the second opinion radiology report provided by VRC. Your medical provider/doctor shall directly communicate to you all information contained in VRC radiology second opinion report.
VRC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
You acknowledge and agree that the Radiologist providing the second opinion is solely responsible for and will have complete authority, responsibility, supervision, and control over the second opinion provided. You further acknowledge and accept that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of your treating provider or primary care physician, in their sole discretion and as they deem appropriate.
VRC and its panel of Radiologist accept no liability for any loss or damages howsoever caused resulting from your treating provider or primary care physician interpretation of the second opinion provided.
You also accept that you obtain a second opinion from VRC it is your responsibility to take same to your primary care doctor or the doctor that is managing your case or another doctor for the interpretation of the opinion. Any actions taken or lack thereof by the said doctor remains the responsibility of you and your doctor.
16. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VRC RESULTING FROM THE SECOND OPINION PROVIDED OR ARISING OUT OF ANY OTHER USE OF VRC WEBSITE SHALL NOT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE. In no event shall VRC be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services explicitly the second opinion provided. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses or medical malpractice or negligence of physicians utilizing the second opinion, even if we knew or should have known of the possibility of such damages, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, 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 such applicable law.
17. RELEASE OF LIABILITY/INDEMNIFICATION
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS VRC and its respective radiologists, employees, officers, directors, contractors, business associates, medical associates and/or agents for any harm, claim, action, demands, liabilities, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as a result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all second opinion radiology reports. . In addition, you also agree to indemnify, defend and hold harmless VRC and its respective radiologists, employees, officers, directors, contractors, business associates, medical associates from and against any third-party claims resulting from your lack of adherence with the advice or recommendation(s) of your primary care provider or treating medical doctor or your inaction of not taking the second opinion to your doctor or not taking same in a timely manner. Although every effort will be made to generate a second opinion radiology report in a reasonably timely fashion, VRC makes no representation or warranty as to the timeframe in which such second opinion radiology report will be generated.
18. DISCLOSURES
All Radiologists on VRC panel hold professional licenses and malpractice insurance issued in their home country.
Any clinical records created as a result of your use of VRC will be securely maintained by us for a period that is no less than the minimum number of years such records are required to be maintained under the laws of Trinidad and Tobago.
19. CHOICE OF LAW AND DISPUTE RESOLUTION
These Terms and Conditions and their interpretation is governed by and construed in accordance with the laws of Trinidad and Tobago.
In case of any dispute, the parties agree to use arbitration to resolve same. The arbitrator will be mutually agreed on by both parties. In the event that agreement on an arbitrator cannot be made then the dispute be adjudicated by a court of Trinidad and Tobago or a Court of competent jurisdiction. All decision of the arbitrator is legally binding on both parties.
The provisions of this agreement shall be severable and separate and distinct from each other, and in the event that any provision shall be held to be unenforceable by a Court of competent jurisdiction, the remaining provisions shall, nevertheless, remain in full force and effect.