Patients Consent & Disclaimer - Detailed - Muaalij Online

FOR PATIENTS:

Use of the Site. MUAALIJONLINE (‘MUAALIJONLINE’, ‘MOL’, ‘we’, ‘us’, or ‘our’) operates the mobile application ‘MUAALIJONLINE’ (the ‘Application’) and muaalijonline.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’, ‘You’ or ‘Your’) 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.

Informed Consent.

TeleHealth Services (and this includes other words such as Health Tech, 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.

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 MUAALIJONLINE 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.

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.

You understand that the laws that protect the privacy and security of health information apply to Telehealth Services, and have received MUAALIJONLINE Application Privacy Policy, which describes these protections in more detail. Electronic communications are directed to your Provider(s) through a secure, encrypted video interface and electronic health record. MUAALIJONLINE only serves as a platform to connect Providers and Patients, two users in a secure audio/video environment. Under no circumstances does MUAALIJONLINE serve as an intermediary between the two parties. Proceeding(s) and outcome(s) of any communication between these two parties is as per the party’s own discretion. MUAALIJONLINE shall not be liable for any legal consequences or damages arising out of such interaction between the Providers and the Patients while using MUAALIJONLINE.

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.

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.

You can send messages to your Provider by contacting MUAALIJONLINE 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.

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. G. MuaalijOnline cannot guarantee the availability of a specific Provider at a particular time.

Privacy.

MUAALIJONLINE is required to comply with the applicable health care privacy and security laws and maintain safeguards to protect the security of your health information. The information you provide to your Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our MUAALIJONLINE Application Privacy Policy. We devote considerable effort towards ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our MUAALIJONLINE Application Privacy Policy. As part of providing you the Telehealth Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Telehealth Services and your User Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and MUAALIJONLINE. MUAALIJONLINE cannot ensure the security or confidentiality of messages sent by email or communicated through any other medium. MUAALIJONLINE further disclaims liability if any communication between two parties using our Telehealth Services is recorded by a third party. MUAALIJONLINE forbids recording, by a third party, of communication between two parties, through any means. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by third party (Amazon Web Servers). MUAALIJONLINE will record all consultations for a limited amount of time for quality assurance. After this period, these records will be permanently deleted. You agree to allow recordings for a limited amount of time for evaluation purposes following which the call records will be unrecoverable. Any claims associated with a consultation shall be made within a period of seven-days.

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 MUAALIJONLINE (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. MUAALIJONLINE 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 MUAALIJONLINE 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 Account Information deleted completely, MuaalijOnline 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, non-transferable right to access the Application and the Website, and to use the Telehealth Services solely for your personal non-commercial 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. MUAALIJONLINE 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. MuaalijOnline platform relies heavily on the internet. Weak internet connection or lack of technology may result in performance issues. MuaalijOnline 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 User Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing MUAALIJONLINE with your credit/debit card number associated payment information, you agree that MUAALIJONLINE is authorized to immediately invoice your account for all fees and charges due and payable to MUAALIJONLINE hereunder and that no additional notice or consent is required. MUAALIJONLINE 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 MUAALIJONLINE to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with MUAALIJONLINE, 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.

If you do not have insurance coverage for the Telehealth Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. MUAALIJONLINE offers no guarantee that you shall receive any such reimbursement. MUAALIJONLINE reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Patient Terms and Conditions. You understand and agree that for the Telehealth Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payer would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.

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 MUAALIJONLINE. 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 MUAALIJONLINE or other entities. You are not authorized to use any such Marks without the express written permission of MUAALIJONLINE. 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. MUAALIJONLINE 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, MUAALIJONLINE 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, MUAALIJONLINE 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. Muaalijonline 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 MUAALIJONLINE 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 MUAALIJONLINE 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 MuaalijOnline 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 MUAALIJONLINE, 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. MUAALIJONLINE 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 professional 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 MUAALIJONLINE 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 MuaalijOnline, the seat of the arbitration proceedings shall be Karachi, 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 Karachi, 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 cancelling 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 MUAALIJONLINE 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.

MUAALIJONLINE 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 contact@muaalijonline.com