These Membership Terms of Service (“Terms”), which includes an agreement to
arbitrate and consent
to electronic communications, govern your access to and use of services provided by Wynn Health
Group. (“Wynn Health”, “we”, “us”, or “our”), including the Dokitari website located at
www.dokitari.com, the Dokitari mobile application, membership services that include personal
healthcare navigation services, wellness services, communication services, facilitation of
access to telehealth services, including certain on-demand app and video-based telehealth
services, and other technology-enabled or personal services provided by Wynn Health or its
affiliate (collectively, the “Services”). Please read these Terms carefully before using the
Services. By accessing or using the Services you agree to be bound by these Terms. If you are
accepting these Terms for another person (“Family Member”) as such Family Member’s parent,
guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained
or referenced herein on behalf of such Family Member.
Wynn Health Group is affiliated with the Dokitari professional corporations and their affiliated medical services providers, including OM Services, P.A., a provider of telehealth services (the professional corporations collectively, “Dokitari”), where Wynn Health provides management and administrative services to Dokitari. Dokitari provides telehealth platform services. These Terms govern your access to and use of the Services offered by Wynn Health. Our Medical Terms of Service govern our provision, and your and your Family Member’s use of medical services provided by Dokitari or its regional health system partners. Please read the Medical Terms of Services carefully before using Dokitari’s services.
YOU AGREE THAT DISPUTES BETWEEN YOU AND WYNN HEALTH GROUP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.
We may modify these Terms from time to time. We will notify you of material changes by posting the updated terms on our website and the mobile application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.
You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the website at www.dokitari.com or the Dokitari mobile app. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage due to your failure to protect your account or your personal information.
Wynn Health Group charges an annual membership fee (the “Annual Membership Fee”) for access to
features of the Services. The Annual Membership Fee may be modified by Wynn Health Group from
time to time.
Certain members may have access to the Services through their employers, professional
affiliations, partnerships, or other organizations, and as a result, the Annual Membership Fee
will not apply to such members.
The Annual Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Membership services include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to Wynn Health Group and Dokitari services, including telehealth services, as well as lifestyle and wellness offerings. PAYMENT OF THE ANNUAL MEMBERSHIP FEE TO Wynn Health Group IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT Dokitari. To learn more about the Annual Membership Fee and these options, contact us at [email protected]
The Annual Membership Fee is not a covered benefit under health insurance plans or other healthcare benefit plans. As a result, you acknowledge that you may not be able to submit the Annual Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Annual Membership Fee.
For our paid members, Wynn Health Group will charge your Annual Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE ANNUAL MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE ANNUAL MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH ANNUAL RENEWAL, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE ANNUAL MEMBERSHIP FEE FOR THE NEXT YEAR. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR ONE MEDICAL ACCOUNT AND SELECT “CANCEL MEMBERSHIP” OR CONTACTING US AT [email protected] IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE ANNUAL MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
If the amount to be charged to you varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Annual Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “cancel membership” or contacting us at [email protected]
ANY TRIAL, PROMOTION, OR TEMPORARY MEMBERSHIP (“TRIAL”) THAT PROVIDES FULL OR PARTIAL MEMBERSHIP
ACCESS TO THE SERVICES IS MADE AVAILABLE ONLY TO INDIVIDUALS 18 YEARS OF AGE OR OVER, UNLESS
OTHERWISE EXPLICITLY STATED, WITHIN THE SPECIFIED TIME PERIOD (“TRIAL PERIOD). TRIALS ARE ONLY
FOR THE TRIAL MEMBERS’ PERSONAL USE, AND MAY NOT BE SHARED OR RESOLD. YOU MAY BE REQUIRED TO
PROVIDE YOUR CREDIT CARD AND INSURANCE INFORMATION WHEN REGISTERING FOR THE TRIAL OR OTHERWISE
DURING THE TRIAL. MEMBERSHIP FEES SHALL BE WAIVED OR DISCOUNTED DURING THE TRIAL PERIOD IN
ACCORDANCE WITH THE ASSOCIATED OFFER. TRIALS DO NOT APPLY TO BILLABLE MEDICAL SERVICES. YOU
UNDERSTAND AND AGREE THAT MEDICAL SERVICES SOUGHT DURING THE TRIAL (INCLUDING WITHOUT
LIMITATION, IN-OFFICE CARE, REMOTE BILLABLE VISITS (E.G. “REMOTE VISITS”) AND THIRD PARTY
SERVICE (E.G. FOR LABS OR PRESCRIPTIONS)) WILL REMAIN BILLABLE DURING THE TRIAL PERIOD, AND MAY
BE BILLED TO YOU OR YOUR INSURANCE AS APPLICABLE.
FOR TRIALS THAT CONVERT TO PAID MEMBERSHIP AT THE END OF THE TRIAL, IF YOU DO NOT WISH TO CONTINUE AS A PAID MEMBER, YOU MUST CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE ANNUAL MEMBERSHIP FEE. WE WILL SEND YOU A REMINDER, BUT YOU MAY CANCEL ANYTIME VIA THE “SETTINGS” PAGE IN YOUR ACCOUNT, UNDER “MEMBERSHIP AND BILLING”, OR YOU CAN CONTACT US AT [email protected] IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD BUT ARE INADVERTENTLY CHARGED THE MEMBERSHIP FEE, PLEASE CONTACT US AT [email protected] FOR A REFUND.
You may terminate your use of the Services at any time by not using the Services any more. If you
wish to terminate your membership, you can do so by logging into your account and selecting
“cancel membership” or contacting us via email at [email protected] If you terminate your
membership, your membership will remain active until the end of your then-current membership
We may terminate the Services or your use of the Services at any time for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services. We are not required to provide you with notice prior to terminating or blocking your use of the Services or an associated reason. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. If we terminate the Service or your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Annual Membership Fee that you paid for the remainder of your membership period.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable right and license to use the Services solely for your
personal and non-commercial purposes. Your use of the Services must be in accordance with all
applicable laws. You acknowledge that you do not acquire any other rights in the Services or any
The following is a list of the type of actions that you may not engage in with respect to the Services:
You agree that Wynn Health Group may send the following to you by email or by posting them on our website
other notices, policies, communications or disclosures and information related to the Services. You agree
that Wynn Health Group may contact you via email, phone, text, or mail regarding your Wynn Health Group
membership or the Services.
You consent to receive such communications electronically. You agree to update your contact information to
ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and
Wynn Health Group.
If you later decide that you do not want to receive certain future communications electronically, please send an email to [email protected] You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Wynn Health Group. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Wynn Health Group will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
Wynn Health Group and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by 1Life or other respective owners.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS,
AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING
PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY
CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $10.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your membership account (if applicable).
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services
(collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
(i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other
intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
You will also have the right to litigate any other Dispute if you provide us with written notice to opt out
of arbitration (“Arbitration Opt-out Notice”) by email at [email protected] within thirty (30) days
following the date you first accept these Terms, or if you have not registered for an account, then within
thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration
Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally
waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The
exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an
Arbitration Opt-out Notice, will be the state and courts located in the Republic of Uganda and each of the
parties hereto waives any objection to jurisdiction and venue in such courts.
Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each
waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class
action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of any class or
representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any
limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or
representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that
claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts
located in the Northern District of California. All other claims will be arbitrated. This “Dispute
Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the Uganda Arbitration Association (“UAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “UAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the UAA Rules. UAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the UAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the UAA will appoint the arbitrator in accordance with the UAA Rules.
Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the UAA Rules. Subject to the UAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the UAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Your responsibility to pay any UAA filing, administrative and arbitrator fees will be solely as set forth in the UAA Rules. However, if your claim for damages does not exceed $1,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of th
The Services may allow you to connect your account to applications owned or operated by third parties, including device makers, or may link to other websites that are owned or operated by third parties. We are not responsible, and disclaim all liability, for the privacy, security, performance, and service practices of such third parties, nor are we responsible for any content, advertising, products, services or other materials made available on or through any such third party applications or websites. We make the connections and links available to you only as a convenience, and it is your decision whether to connect to third party applications or access third party websites.
If you have any questions about these Terms, please contact [email protected]