To: Kamric Medical Care and/or its Medical Practitioners (hereinafter called “Kamric”)
The Patient agrees that, whereas Kamric requires in-person, written and signed confirmation of all instructions, it would be convenient and in the patient’s interest if the patient could at any time and from time to time send instructions to Kamric via e-mail or telecommunication transmission. Such instructions are hereinafter referred to as “the instructions”.
“Patient” means: a person who conducts business with Kamric and includes but is not limited to individuals, partnerships, limited liability companies, entities incorporated by statute and unincorporated associations.
“Instructions” mean directions to Kamric in relation to any and all its existing records, facilities and other arrangements with Kamric, and any accounts, facilities and other arrangements which the patient may now or in the future have with Kamric, and includes directions to Kamric:
1. To provide medical records. Where a fee is applicable, the patient is responsible for the same before receiving the requested information.
2. To obtain medical records from recognized entities in the management of the patient.
In consideration of Kamric agreeing to accept instructions from the patient as aforesaid, the patient agrees:
- THAT such communications are not secure and carry with them the risks of interception and/or alteration and that unauthorized persons may send instructions to Kamric using these methods.
- THAT Kamric may act on any instructions given by the patient from time to time, and the patient voluntarily and with full knowledge, takes and assumes any and all risks associated therewith.
- THAT once the instructions have been sent to Kamric purportedly by the patient, or such other persons as the patient may from time to time nominate, Kamric shall have no obligation to check or verify the authenticity or accuracy of such instructions purporting to have been sent by the patient and may act thereon as if same had been duly given by the patient.
- THAT in acting on the instructions, Kamric shall be deemed to have acted properly and to have fully performed all obligations owed to the patient, notwithstanding that the instructions may have been initiated, sent or otherwise communicated in error or fraudulently, and the patient shall be bound by any instructions on which Kamric may act if Kamric has in good faith acted in the belief that such instructions were given by the patient.
- THAT Kamric may, in its absolute discretion, decline to act on or in accordance with the whole or any part of any Instruction pending further enquiry to or further confirmation (whether written or otherwise) by the patient, so however that Kamric shall not be under any obligation to so decline in any case, and Kamric shall in no event or circumstance be liable in any respect for not so declining.
- THAT the course of dealings contemplated in this Authorization and Indemnity may be terminated by either party at any time by giving ten (10) days prior written notice to the other party. PROVIDED, HOWEVER, THAT:
- Kamric may terminate the course of dealings immediately without notice to the patient in the event that Kamric deems the security of the procedures hereby established to have been materially compromised or breached; and
- Termination of the course of dealings by either party pursuant to this Clause shall not affect Kamric’s rights, nor release the patient from his/her obligations, Instructions received by Kamric prior to termination.
- TO release Kamric from and indemnify Kamric against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to, Kamric having acted in accordance with the whole or any part of the instructions or having exercised (or failed to exercise) the discretion conferred upon Kamric.
The patient accepts that the instructions can only be carried out between the normal business hours of Kamric as indicated from time to time. It is the duty of the patient to ascertain what these hours are at the time of initiating a request.
The customer, being an individual, agrees that Kamric shall at its discretion not be obliged to act on instructions or communications sent by e-mail unless they are sent from an e-mail address that the patient has communicated to Kamric as the designated address for e-mail communications.