Terms & Conditions (Including SMS Terms of Service)
1. Scope, Website Use, and Program Overview
These Terms & Conditions (“Terms”) govern your access to and use of the Broadway Gynecology website located at https://broadwaygynecology.com (the “Website”), any online forms or appointment request tools made available through the Website, and our electronic communications with you, including email, phone calls, and SMS text messages (the “SMS Program”).
By accessing or using the Website, submitting information through online forms, communicating with us electronically, and/or opting into our SMS Program, you agree to these Terms. If you do not agree, do not use the Website and do not opt into the SMS Program.
The Website and online forms are provided for informational and administrative purposes only and do not by themselves create a provider–patient relationship. A provider–patient relationship is established only after our office confirms your appointment and you are accepted as a patient under our policies and procedures.
You agree not to use the Website or SMS Program in any unlawful, abusive, or fraudulent manner, or in a way that interferes with the operation, security, or availability of our systems or services. We may update, modify, or suspend the Website or any of its features at any time without prior notice.
Broadway Gynecology
27 Whitehall St., Floor 7, New York, NY 10004
Phone: 212-500-1007
Email: hello@broadwaygynecology.com
2. Program Overview
Broadway Gynecology may offer an SMS text messaging program (the “SMS Program”) to communicate with current and prospective patients for customer care, scheduling, and practice operations. The SMS Program is provided by Broadway Gynecology and may be delivered through a third-party messaging provider (for example, RingCentral).
The SMS Program is intended for non-emergency communications only. Text messages are not a substitute for professional medical evaluation, diagnosis, or treatment, and they are not monitored continuously. If you have urgent medical concerns, contact your healthcare provider directly by phone. If you believe you have a medical emergency, call 911 or go to the nearest emergency room.
Participation in the SMS Program is voluntary and is not a condition of receiving medical care, scheduling an appointment, or obtaining any services from Broadway Gynecology.
3. Types of Messages You May Receive
If you opt into the Broadway Gynecology SMS Program, you may receive text messages of the following types, as applicable:
- Appointment scheduling, confirmations, reminders, and rescheduling notices
- Pre-appointment or intake-related administrative messages
- Office notifications, including closures, delays, or provider schedule changes
- Follow-up or care-coordination related administrative messages
- Billing, insurance, or other administrative notices related to your account
- Customer care and support responses to your inquiries
Message content may include limited appointment or administrative details necessary to carry out the purposes above. Text messages will not be used to provide a medical diagnosis or to deliver clinical treatment instructions.
The SMS Program is for non-urgent communications only. You should not use text messaging to communicate urgent medical concerns, request medical advice, or report medical emergencies. If you need immediate medical assistance, call 911 or go to the nearest emergency room.
4. Opt-In and Consent
By providing your mobile telephone number to Broadway Gynecology, whether through our website, online forms, in-office intake paperwork, verbal communication, or third-party scheduling platforms (such as Zocdoc), you expressly consent to receive SMS text messages from Broadway Gynecology in connection with the purposes described in these Terms.
Your consent to receive text messages is voluntary and is not a condition of receiving medical care, scheduling an appointment, or obtaining any services from Broadway Gynecology. You may choose not to opt in, or you may revoke your consent at any time as described in Section 7 (Opt-Out).
You represent and warrant that the mobile number you provide is accurate, that you are the authorized user of that number, and that you have the authority to consent to receive text messages at that number. If your phone number changes or you no longer have control of the device associated with that number, you agree to notify Broadway Gynecology promptly.
5. Message Frequency
Messaging frequency may vary depending on your interactions with Broadway Gynecology, your appointment activity, and your communication preferences.
You may receive multiple messages in connection with a single appointment (for example, a confirmation, a reminder, and a follow-up), and there may be periods with no messages when you have no active appointments or pending administrative matters.
6. Fees and Charges
Message and data rates may apply to any SMS text messages you send or receive through the Broadway Gynecology SMS Program. These charges are determined and billed by your wireless carrier and are your responsibility.
Broadway Gynecology does not charge you a separate fee for participation in the SMS Program, but we are not responsible for any fees, surcharges, or other costs imposed by your carrier related to text messaging, data usage, or mobile service.
If you are unsure about your carrier’s rates or your messaging plan, you should contact your wireless provider directly.
7. Opt-Out
To opt out of the Broadway Gynecology SMS Program at any time, reply STOP to any text message you receive from us.
After you send STOP, you will receive a single confirmation message acknowledging your opt-out, and you will no longer receive SMS messages from Broadway Gynecology related to the SMS Program, except for messages that may be required by law or necessary to complete a transaction you have already initiated.
If you later wish to re-enroll in the SMS Program, you may do so by providing your mobile number again through our website, in-office forms, or other opt-in methods described in these Terms.
If you experience difficulty opting out, you may contact Broadway Gynecology directly at 212-500-1007 or hello@broadwaygynecology.com for assistance.
8. Help and Support
For assistance with the Broadway Gynecology SMS Program, reply HELP to any text message from us or visit https://broadwaygynecology.com.
You may also contact us directly:
- Phone: 212-500-1007
- Email: hello@broadwaygynecology.com
We will make reasonable efforts to respond to support requests during normal business hours. We do not guarantee response times via SMS.
9. Privacy and SMS Data Use
Your privacy is important to us. Our collection and use of personal information, including information related to the SMS Program, is described in our Privacy Policy. Visit https://broadwaygynecology.com/privacy/ for our Privacy Policy.
10. Carrier and Delivery Disclaimer
Text messaging services are dependent on your mobile device, wireless service, and carrier network availability. Carriers are not liable for delayed or undelivered messages. Broadway Gynecology does not guarantee the availability, timing, or successful delivery of any SMS message, including messages that may be time-sensitive (such as appointment reminders).
If you do not receive a message, you remain responsible for keeping scheduled appointments and for contacting our office to confirm appointment details when needed.
11. User Responsibilities
You agree to provide accurate and current contact information, including a valid mobile telephone number that you control. You are responsible for maintaining access to your mobile device and for safeguarding your device (for example, using a passcode). If your number changes, is reassigned, or you no longer control the number you provided, you agree to notify Broadway Gynecology promptly.
You agree not to use the Website or the SMS Program in a manner that is unlawful, abusive, harassing, fraudulent, or that interferes with the operation of our systems or services.
12. Service Availability and Changes
Broadway Gynecology may modify, suspend, or discontinue the SMS Program (in whole or in part) at any time, including changing the types of messages sent, the short code/long code used, program features, or the methods by which users may opt in or opt out.
We may also update these Terms from time to time. Any changes will be effective when posted on our Website with an updated “Last Updated” date. Your continued use of the Website or continued participation in the SMS Program after changes are posted constitutes acceptance of the updated Terms, to the extent permitted by law.
13. No Medical Advice and No Emergency Use
The Website, online forms, email communications, and the SMS Program are provided for informational, scheduling, administrative, and customer care purposes. They do not provide medical advice and are not a substitute for professional medical evaluation, diagnosis, or treatment.
Do not use text messages, email, or online forms for urgent or emergency medical matters. If you have urgent concerns, call our office. If you believe you have a medical emergency, call 911 or go to the nearest emergency room.
14. Limitation of Liability
To the extent permitted by law, Broadway Gynecology will not be liable for any losses or damages arising from or related to: (a) delayed, failed, misdirected, or undelivered text messages; (b) errors in or unavailability of the SMS Program or Website; (c) wireless carrier or network failures; (d) your failure to receive messages due to device settings, spam filtering, service limitations, or loss of access to your phone number; or (e) unauthorized access to your communications caused by factors outside our reasonable control.
Nothing in these Terms is intended to limit any rights you may have under applicable law, or to limit Broadway Gynecology’s obligations under HIPAA with respect to protected health information.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms, the Website, or the SMS Program shall be brought in a state or federal court located in New York County, New York, and you consent to the personal jurisdiction of such courts, except where prohibited by law.
16. Contact Information
If you have questions about these Terms or the SMS Program, contact:
Broadway Gynecology
27 Whitehall St., Floor 7
New York, NY 10004
Phone: 212-500-1007
Email: hello@broadwaygynecology.com
Required Links
For privacy policy: https://broadwaygynecology.com/privacy/
For these Terms & Conditions: https://broadwaygynecology.com/terms-and-conditions/