Terms of Service

1. Acceptance of Terms

By accessing or using the website and services of Bertrand Desilva MD INC. (“we,” “us,” or “our”), including but not limited to scheduling appointments, attending telehealth consultations, or submitting information through our website at bertranddesilvamd.com, you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must not access or use our services.

2. Description of Services

Bertrand Desilva MD INC. provides sleep medicine consultations and related healthcare services, including but not limited to:

• Telehealth sleep medicine consultations via a HIPAA-compliant video platform
• Sleep apnea diagnosis, treatment planning, and ongoing management
• CPAP therapy management and oral appliance therapy coordination
• Ordering and interpretation of home sleep tests and in-lab sleep studies
• Follow-up care and treatment adjustment consultations

Our telehealth services are currently available to residents of the State of California only. By using our services, you represent that you are physically located in California at the time of your consultation.

3. Eligibility

To use our services, you must meet the following requirements:

• Age: You must be at least 18 years of age. We do not provide services to individuals under 18.
• Residency: You must be a current resident of the State of California and be physically located in California at the time of any telehealth consultation.
• Identification: You must provide valid government-issued identification to verify your identity before receiving services.
• Accurate Information: You agree to provide truthful, accurate, and complete information, including your medical history, current medications, and contact details.

4. Appointments and Payments

4.1 Scheduling and Prepayment

Appointments are scheduled through our online booking system. Full payment for the consultation is required at the time of booking. No appointment is confirmed until payment has been successfully processed.

4.2 Pricing Transparency

We are committed to transparent pricing. Our current consultation fees are clearly displayed on our website prior to booking. All fees are denominated in U.S. dollars.

4.3 Cancellation and Refund Policy

• Cancellations made at least 24 hours before the scheduled appointment will receive a full refund.
• Cancellations made less than 24 hours before the appointment or no-shows may be subject to a cancellation fee or forfeiture of the prepaid consultation fee.
• If we need to cancel or reschedule your appointment, you will receive a full refund or may reschedule at no additional cost.

4.4 Insurance

We may provide documentation that you can submit to your insurance company for potential reimbursement. However, we do not guarantee insurance coverage or reimbursement for our services. It is your responsibility to verify your insurance benefits prior to your appointment.

5. Telehealth Services

5.1 Nature of Telehealth

Telehealth involves the delivery of healthcare services using electronic communication technologies, including real-time video and audio conferencing. Your consultation will be conducted remotely and will not involve an in-person physical examination.

5.2 Technology Requirements

To participate in a telehealth consultation, you are responsible for:

• A device with a camera and microphone (computer, tablet, or smartphone)
• A stable, high-speed internet connection
• A private, well-lit, and quiet location for your visit
• A compatible web browser or application as specified in your appointment confirmation

5.3 Limitations

Telehealth has inherent limitations. The provider will not be able to perform a hands-on physical examination. In some cases, the information gathered during a telehealth visit may not be sufficient for clinical decision-making, and you may be referred for an in-person evaluation. Technical difficulties, including poor internet connectivity, may interrupt or degrade the quality of your visit.

6. Medical Disclaimer

7. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, audio, video, software, and design elements, is the property of Bertrand Desilva MD INC. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this website without our prior written consent.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Bertrand Desilva MD INC., its physicians, staff, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, including but not limited to:

• Interruptions or failures of telehealth technology or internet connectivity
• Unauthorized access to or alteration of your data
• Any errors or omissions in website content or communications
• Delays or interruptions in accessing our services

Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, or any liability that cannot be limited or excluded by law, including liability for medical malpractice.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in Orange County, California. You consent to the personal jurisdiction and venue of such courts.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will become effective when posted on this page with an updated “Last updated” date. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

11. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us: