The Provider Terms and Conditions
A. The following are the terms and conditions (the “Provider Agreement”) for the access and use of a Provider in an online platform being established and maintained via its website by Our Hikmat (the “Platform”) through which counseling, consulting, professional advice, physical examination (if required) and any other related professional service are provided (collectively the “Provider Services”). A Provider (also referred in these terms and conditions as “you”) is any counselor, consultant, practitioner, professional, expert, coach, advisor or any other person who is duly registered with the appropriate professional council and is providing Provider Services, through the use of Our Hikmat platform, to any other person or persons (the “User”, “Users”, “Patient” or “Patients”). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means.
B. By accessing or using Our Hikmat as a Provider, or by clicking a button or a box indicating that you have read and agree to these terms and conditions, it shall be presumed that you have executed this Provider Agreement.
Use of the Platform
A. The features and functionality of the Our Hikmat are to be determined solely by Our Hikmat management and are subject to change or termination.
B. The Providers are independent contractors and are neither Our Hikmat employees nor agents nor representatives.
C. Our Hikmat platform relies heavily on the internet. Weak internet connection or lack of technology may result in performance issues. Our Hikmat is not liable for any such performance issues originating on either the Users’/Patients’ or the Providers’ side.
Disclaimers and Limitation of Liability
A. The Provider acknowledges and agrees that the Platform is being provided for use on a”as is” basis, and therefore the Provider will not have any plea, claim, or demand towards Our Hikmat in relation to the Platform’s users, members, properties, limitations or compatibility with the Provider’s needs. The Provider shall not have any plea, claim or demand against Our Hikmat in respect to any services the Provider decides to provide in connection with the use of the Platform. To the fullest extent of the law, we expressly disclaim all other warranties of any kind, whether expressed or implied.
B. Registration, providing Provider Services and any use of the Our Hikmat is being made at the Provider’s sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
C. The Provider will bear all the risks associated with the uploading and transmitting material and utilizing the Platform including reliance on its accuracy, connectivity, reliability or legality.
D. The Provider will use Our Hikmat to provide Provider Services at his or her sole and entire risk.
E. Under no circumstances will Our Hikmat be held liable to any Provider for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of business, revenue, profits, use, data or other economic advantage.
F. The Provider acknowledges and agrees that Our Hikmat disclaims any liability in relation to any claim, suit or action brought by a User/Patient in connection with provision of any Provider Services by a Provider, including but not limited to representations by the Provider as to the Provider’s qualifications and advice provided by him or her, through the Our Hikmat platform. The Provider agrees to indemnify and hold Our Hikmat harmless in connection with any such claim and any damages or expenses arising therefrom.
G. The Provider will be solely responsible for any agreements he chooses to make with a User/Patient. Our Hikmat will not be responsible or liable in any way for any agreement made between a Provider and a User/Patient and or for enforcing any such agreement, including but not limited to any agreements in relation to Provider’s fee, and or usage of the Platform in any way other than offered and suggested as the Provider Service at the Our Hikmat platform. Any agreement a Provider chooses to get into with a User/Patient is at his or her sole responsibility and entire risk.
H. The Provider acknowledges that he or she will solely be responsible and liable for any damages to any User/Patient to whom the Provider provides services and to any User/Patient who suffers damages arising from or connected to such services that he provided to that User/Patient. In the event of a dispute regarding any transaction conducted through the platform the Provider hereby releases Our Hikmat from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including but not limited to, court costs and attorney’s fees, which the Provider may have against one or more of the above.
I. Our Hikmat shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
J. Our Hikmat explicitly disclaims any liability with respect to any claim, suit or action made by a User/Patient. You agree to indemnify, defend and hold us harmless with respect to any such claim.
K. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with the applicable law.
L. Users/Patients directly engage with Providers and use Our Hikmat as a platform only. Our Hikmat does not manipulate Users/Patients choice in any way and is not responsible for the proceeding(s) and outcome(s) of User/Patient-Provider interaction.
M. This section (disclaimers and limitation of liability) shall survive the termination or expiration of this Provider Agreement.
Representations and Warranties
A. You hereby confirm that you are at least 18 years of age and that you are legally able to enter into a contract.
B. You hereby confirm and agree that all the information that you provided in or through Our Hikmat, and the information that you will provide in or through Our Hikmat in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of the Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
C. The Provider will not provide any Provider Services or advise to any User/Patient unless the Provider is a duly licensed professional in good standing in the relevant field of expertise, his/her professional license and/or requisite registration with the professional council is valid on the date of this Provider Agreement and he or she abides by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility.
D. At all times the Provider will provide correct and accurate representation of his or her skills, degrees, qualifications, background and other information, whether this information is provided to Our Hikmat, to the User/Patient and on any form submitted to or presented on the Platform. The Provider will also provide the same correct and accurate representation of his or her skills, degrees, qualifications, background and other information to the Users/Patients, including but not limited to, in any kind of communication or while providing Provider Services to the Users/Patients through the Platform.
E. The Provider will maintain and update all such information during the term of this Provider Agreement to keep it true, accurate, current and complete.
F. The Provider will not mislead Users/Patients to believe that he or she can provide a service which is outside his or her fields of licensed expertise and will not misrepresent him or herself or create any misleading name or listing.
G. The Provider shall not perform any Provider Services and or other services or offer any advice in any jurisdiction where the Provider is not authorized or licensed or in good standing to do so.
H. The Provider will maintain his or her skills, qualifications, eligibility, and other information and requirements, including maintaining his or her status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Provider practices his or her profession.
I. Our Hikmat may review the Provider’s personal profile and amend any typing or spelling errors. Our Hikmat cannot and will not verify or examine the truthfulness or accuracy of the details in the Providers personal profile, credentials, qualifications, or any of the Provider’s postings or transmissions. However, we may, in our absolute discretion, remove or refuse to post or transmit any content uploaded by any Provider. Without derogating from the above, we may remove any content uploaded by a Provider from the Platform for any reason.
J. The Provider represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Provider, including, but not limited to, applicable professional liability insurance.
A. When providing Provider Services or making any other use of Platform, the Provider must exercise a reasonable standard of care, at least the same as the Provider would in a similar transaction not conducted through the Platform or the Internet. Without derogating from the above, the Provider must exercise the standard of care mandated by his or her profession.
B. The Provider will be required to setup his/her availability timing for video consultation appointments.
- Once you have setup an appointment schedule, you are bound to make yourself available during those timings. Failing to do so may result in deactivation of your presence on the Platform.
D. The Provider will be required to check portal 6 hourly to respond patients timely.
E. The Provider shall ensure to keep all User/Patient related information confidential at all times and shall not share the files, reports, images or medical data of any User/Patient obtained while providing Provider Services through the Platform.
F. The Provider will not provide to Users/Patients any services other than Provider Services.
G. The Provider will not provide to Users/Patients any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations and ethics that applies in the Provider’s jurisdiction.
H. The Provider will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.
I. The Provider agrees that the Provider Services, advice and or information that he or she provides to a User/Patient, aren’t in any way to be considered a substitute for a face-to-face interaction between the User/Patient and the Provider (or any other professional).
J. The Provider will provide Provider Services only about and in respect of non-emergency matters and issues. For emergency matters and issues the Provider will instruct the User/Patient to immediately call their local emergency assistance number.
K. The Provider agrees to never engage in any unethical practice of medicine and at all times would ensure provision of quality Provider Services to the best of his / her abilities and experience.
L. The Provider will not enter into a direct physician/patient relationship with any User/Patient through any other similar Platform.
M. The Provider will advise Users/Patients whenever appropriate that his or her advice is not a substitute for the advice or treatment of a physician after physical examination.
N. Whenever appropriate, the Provider will recommend Users/Patients to seek help by meeting a qualified professional face-to-face.
P. The Provider may not use the Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of Users/Patients.
Q. The prescription issued by the Provider to the Users/Patients using the Platform is the sole responsibility of the Provider as the Platform only supports the software that the Provider is using to provide Provider Services to the Users/Patients.
R. The Provider will indemnify, defend and hold Our Hikmat harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Provider according to thisProvider Agreement; (b) The Provider’s provision of the agreement to any third party, regardless of whether or not they are Users/Patients of the Platform ; or (c) any materials that the Provider has posted to or through the Platform and/or any content provided by the Provider to Users/Patients.
S. The Provider agrees and commits not to violate any applicable local, state, provincial, national or international law, statute, ordinance, rule, regulation or ethical code in relation to the use of the Platform and to the Provider’s relationship with the Users/Patients and the Platform. The Provider further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
T. Under no circumstances is any form of communication between a Provider and User/Patient is to be recorded (audio/video/transcript). The guilty party shall be prosecuted as per local laws.
Provider Account and Responsibilities
A. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
B. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
C. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
D. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
E. You agree and commit not to use the account or Account Access of any other person for any reason.
F. You agree and confirm that your use of the Platform, including the Provider Services, are made directly by you and that you are not using neither the Platform nor the Provider Services for or behalf of any other person or organization.
G. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
H. You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
I. If you receive any file from us or from a User/Patient, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
J. You agree to provide us with your accurate mobile number for verification purposes for account creation. This number is private and will not be shared with other users on the website.
K. If you choose to deactivate/delete your account, your account details remain on the database for an indefinite amount of time to facilitate with reactivation of the account. If you want the information deleted completely, Our Hikmat must be contacted with the necessary details.
Modifications, Termination, Interruption and Disruptions to the Platform
A. You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
B. For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Provider Services) at our sole discretion for any reason and for any period of time.
C. The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by third party contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
Fees and Payments
A. Provider will be paid for the provision of the Provider Services to Users/Patients.
B. The fees, rates, payment options and payment schedules of the payments are set in the Platform and they are set and determined exclusively by us and may be changed in our sole discretion.
C. The Provider is solely responsible for reporting and paying any applicable tax related to the Provider’s use of the Platform.
D. Any payment disputes or claims should be submitted within 30 days of discovery of any mistake.
A. We may provide notices or other communications to you regarding the agreement or any aspect of the Platform, by email to your email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed to be the date on which such notice is given. Notices sent to us must be delivered by email to email@example.com.
Important notes about our Agreement
A. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
B. We may freely transfer or assign this Provider Agreement or any of its obligations hereunder.
C. The paragraph headings in this document are solely for the sake of convenience and will not be applied in the interpretation of this Provider Agreement.
D. If any provision of this Provider Agreement are held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Provider Agreement will remain in full force and effect.
Terms and Services for Patients
Use of the Site. OUR HIKMAT (“OUR HIKMAT”, “we”, “us”, or “our”) operates the mobile application “OUR HIKMAT” (the “Application”) and ringadoctor.com (the “Website”). We offer digital health services as well as physical health services (the “Services”) enabling the people who are duly registered users of the Application (the “Patients”) to report their health history and engage with healthcare professionals (the “Providers”) to obtain Services. By accessing and using this Application and Website, you agree to be bound by these terms and conditions that may appear on the Application and the Website.
Disclaimer. All the Providers who deliver Services through the Application or the Website are independent professionals solely responsible for the Services provided to you. The Application or the Website is not licensed to practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by the Providers, each of whom is responsible for his or her Services and compliance with the requirements applicable to his or her profession and license. Neither the Application or the Website nor any third parties who promote the Services or provide you with a link to the Application or the Website shall be liable for any professional advice you obtain from a Provider via the Application or the Website.
Site Content. None of the content available on the Application or the Website (other than information you receive from any Providers) should be considered medical advice or an endorsement, representation or warranty that any medication or treatment is safe, appropriate, or effective for you.
A. TelehealthServices (and this includes other words such as HealthTech, Health Technology, Wellness, Health App, HealthCare-as-a-Service or HaaS) is the delivery of Services using interactive audio and video technology, where the Patient and the Provider are not (may not be) in the same physical location. During your telehealth consultation with a Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies.
B. The Telehealth Services you receive from the Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Providers. However, your initial visit with a Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through OUR HIKMAT or other Providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to Providers and convenience. However, as with any health service, there are potential risks associated with the use of Telehealth Services. These risks include, but may not be limited to:
In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Provider;
Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
C. By accepting these Patient Terms and Conditions, you acknowledge that you understand and agree to the following:
You understand that you may expect the anticipated benefits from the use of Telehealth Services in your care, but that no results can be guaranteed or assured.
Your Provider may determine that the Telehealth Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Telehealth Services to you through the Application or the Website.
With respect to psychotherapy, you are entitled to receive information from your Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.
D. With respect to psychotherapy, if you and your Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You understand that anything any Group Therapy participant tells the Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Provider for the therapy process, including goal setting and termination.
E. You can send messages to your Provider by contacting OUR HIKMAT customer support via our Application and Website. Emails or electronic messages to customer support or your Provider may not be returned immediately. If you are experiencing a medical emergency, you should call your local emergency number or go to the nearest emergency room at a hospital closest to you.
F. You may also be able to send written notes to the Providers or to customer support using a secure messaging portal within the Application (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one Provider or customer support agent and will typically be answered within 72 hours. You should not rely on the Messaging Portal if you need immediate attention from a Provider. If you are experiencing a medical emergency, you should call the local emergency number or go to the nearest emergency room at a hospital closest to you. You understand and agree that messaging with Providers over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, therapy, or medical advice.
- Our Hikmat cannot guarantee the availability of a specific Provider at a particular time..
User Accounts. When you register on the Application or the Website, you are required to create an account (“User Account”) by entering your name, email address, password, mobile phone number and certain other information collected by OUR HIKMAT (collectively “Account Information”). To create a User Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Telehealth Services. You agree and undertake that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Application or the Website shall be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one User Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your User Account. OUR HIKMAT reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Application and the Website and your Account Information. In no event and under no circumstances shall OUR HIKMAT be held liable to you for any liabilities or damages resulting from or arising out of your use of the Application or the Website, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time. If you choose to deactivate/delete your User Account, your Account Information will remain on the database for an indefinite amount of time to facilitate any reactivation of your User Account. If you want the AccountInformation deleted completely, Our Hikmat must be contacted with the necessary details within a period of 60 days.
Use of the Telehealth Services by Children. The Telehealth Services are available for use by children, but for all Patients under the age of 18, the registration of a User Account must be done by a Patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Patient Terms and Conditions.
Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Application and the Website, and to use the Telehealth Services solely for your personal noncommercial use and only as permitted under these Patient Terms and Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Application or the Website or the Telehealth Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Application or the Website or the Telehealth Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Application or the Website or the Telehealth Services; (d) distribute viruses or other harmful computer code through the Application or the Website or (e) otherwise use the Telehealth Services or the Application or the Website in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with the Providers through the Application and the Website and to refrain from contacting the Providers for the Telehealth Services outside of the Application and the Website. OUR HIKMAT is not responsible for any interactions with the Providers that are not conducted through the Application or the Website. We strongly recommend that you do not use the Telehealth Services on public computers. We also recommend that you do not store your User Account password through your web browser or other software.Our Hikmat platform relies heavily on the internet. Weak internet connection or lack of technology may result in performance issues. Our Hikmat is not liable for any such performance issues originating on either the Patient’s or the Provider’s side.
Fees and Payment Terms. You agree to pay all fees or charges for your medicines in accordance with the fees, charges, and billing terms in effect at the time of delivery. By providing OUR HIKMAT with your credit/debit card number associated payment information, you agree that OUR HIKMAT is authorized to immediately invoice your account for all fees and charges due and payable to OUR HIKMAT hereunder and that no additional notice or consent is required. OUR HIKMAT may be paid using wire transfer, PayPal, Credit/Debit cards, prepaid vouchers, Mobile Top-ups and Cash Collection. If your health plan, employer or agency has arranged with OUR HIKMAT to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with OUR HIKMAT, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Telehealth Services will be reimbursed.
Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Ownership. The Application and the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OUR HIKMAT. These Patient Terms and Conditions permit you to use the Application and the Website and the Telehealth Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Application and the Website except as generally and ordinarily permitted through the Application and the Website according to these Patient Terms and Conditions. You must not access or use for any commercial purposes any part of the Application or the Website or any Telehealth Services or materials available through the Application or the Website.
Trademarks. Certain names, logos, and other materials displayed on the Application and the Website or in the Telehealth Services may constitute trademarks, trade names, service marks or logos (“Marks”) of OUR HIKMAT or other entities. You are not authorized to use any such Marks without the express written permission of OUR HIKMAT. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Termination. You may deactivate your User Account and end your registration at any time, for any reason by sending an email to the customer services. OUR HIKMAT may suspend or terminate your use of the Application or the Website, your User Account and/or registration for any reason at any time. Subject to applicable law, OUR HIKMAT reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Application or the Website pursuant to its internal record retention and/or content destruction policies. After such termination, OUR HIKMAT will have no further obligation to provide the Telehealth Services, except to the extent we are obligated to provide you access to your health records or the Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to modify. We may at our sole discretion change, add, or delete portions of these Patient Terms and Conditions at any time on a going-forward basis. Continued use of the Application or the Website and/or the Telehealth Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Patient Terms and Conditions, inclusive of such changes.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION OR THE WEBSITE OR THE TELEHEALTH SERVICES IS AT YOUR SOLE RISK. THE APPLICATION AND THE WEBSITE AND THE TELEHEALTH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR HIKMAT 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 OUR HIKMAT does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Providers, including physicians and other Providers in the OUR HIKMAT network. You acknowledge and agree that the Providers using the Application or the Website are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OUR HIKMAT OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR THE TELEHEALTH SERVICES, 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.
Indemnification. You agree to indemnify, defend and hold harmless OUR HIKMAT, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Patient Terms and Conditions. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider.
Geographical Restrictions. OUR HIKMAT makes no representation that all products, services and/or material described on the Application and the Website, or the Telehealth Services available through the Application and the Website, are appropriate or available for use in locations outside your current locality.
Disclosures.All Providers on the Application and the Website hold professional licenses issued by the professional licensing boards across the world where they practice, hold doctoral degrees in either medicine or psychology and have undergone post-doctoral training. You can report a complaint relating to the Telehealth Services provided by Provider by contacting the professional licensing board in the geographical locality of such Provider. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. Any clinical records created as a result of your use of the Application or the Website will be securely maintained by OUR HIKMAT on behalf of your Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under applicable laws.
Miscellaneous. These Patient Terms and Conditions and your use of the Application or the Website shall be governed by the laws of Pakistan, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Patient Terms and Conditions will be resolved exclusively by final and binding arbitration under the laws of the Islamic Republic of Pakistan by appointing a single arbitrator by the administration of Our Hikmat, the seat of the arbitration proceedings shall be Islamabad, Islamic Republic of Pakistan and the arbitral proceedings shall be conducted in English language. Except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in a court of competent jurisdiction at Islamabad, Islamic Republic of Pakistan. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in your current locality for any action related to these Patient Terms and Conditions.
You understand that by checking the “agree” box for these Patient Terms and Conditions and/or any other forms presented to you on the Application or the Website you are agreeing to these Patient Terms and Conditions and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Telehealth Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, or (2) by posting the Communications on the Application or the Website. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Telehealth Services.
No waiver by the Company of any term or condition set forth in these Patient Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OUR HIKMAT to assert a right or provision under these Patient Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Patient Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Patient Terms and Conditions will continue in full force and effect.
OUR HIKMAT devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.
Please report any violations of these Patient Terms and Conditions to firstname.lastname@example.org