Terms & Conditions of use
Welcome to Healthcare! We are dedicated to enabling and empowering you to make smart choices for your health and well-being. Our mission is to provide you with a platform that empowers you to seek personalized and pertinent health advice, and support your doctor-patient relationship by making it more accessible, affordable and intelligent.
Here you can find all the terms and conditions of use that we apply in order to provide our Services – as defined below – at the optimum level of our standards.
As a condition of your use of any of our platform, you warrant that you are at least 18 years of age. We only accept Prescription Orders from customers who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, you confirm that you are at least 18.
If you do not meet the minimum age requirement, you must immediately discontinue your use and access of the Website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. THESE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO OUR SERVICES.
1) GENERAL SCOPE AND USAGE OF SITE
We do not guarantee or make representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work/product/medicine, price information, accuracy of diagnosis, prognosis, advice/opinion, and tests or other content through the Services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual listing of medical professionals, pharmacies and laboratories or any other healthcare provider.
The information about drugs, including generic drugs and vaccines, and health care providers contained in the Platform is general in nature and is intended for use as an informational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks & benefits of taking a particular drug. All such actions should be taken only under the advice of a qualified medical professional.
2) PRIVACY STATEMENT
3) H-CLOUD DOES NOT PROVIDE MEDICAL ADVICE
The content that you obtain or receive from H-Cloud, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the services offered by the Site is for informational and scheduling purposes only. All medically related information, including but not limited to information shared via doctors’ feed or blogs, emails and text messages, comes from independent healthcare professionals, pharmacies and laboratories and is for information purposes only.
The content, whether such content is provided by or through the use of the Services or through any other communications from H-Cloud, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider because of something you may have read on the site. We strongly recommend not to use the Services for emergency medical needs. If you experience a medical emergency, immediately call a health care professional or visit your nearest hospital/clinic. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be or be considered a substitute, the practice of medicine, dentistry, nursing, or other professional health care advice, or the provision of medical care. We strongly advise you to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof. While H-Cloud takes steps to verify the medical registration of doctors and health care providers using our platform to provide their services, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the health care providers on their profiles. H-Cloud does not recommend or endorse any specific individual and/or health care provider(s) that may be mentioned on any our Platform.
We do not recommend or endorse any specific tests, medicines, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any content provided through the Services, you do so solely at your own risk.
You may cancel or reschedule a previously booked appointment at any time subject to such terms and conditions as may be applicable, as well as subject to health care provider availability.
4) DISCLAIMER AND EXCLUSION OF WARRANTIES AND LIABILITIES
We have no control over, and cannot guarantee the availability of any specific Healthcare Provider, pharmacy, or laboratory at any particular time. We will not be responsible for any harm or personal injury resulting from our Services, or for any other injury arising from or related to the use of the Platform or Services whatsoever. You are solely and absolutely responsible for choosing your own Healthcare Provider; H-Cloud does not assume any responsibility for the quality of services and products provided by the Healthcare Providers. Moreover, while our platform supports doctor-patient relationships, we do not create nor are responsible for doctor-patient relationships.
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: (a) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and (b) excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL H-CLOUD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, 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 SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. YOU FURTHER AGREE THAT H-CLOUD SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES. 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.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.
You agree to indemnify, defend, and hold H-Cloud, its subsidiaries, its affiliates, or their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees), and the concerned doctor/physician harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) arising out of or relating to (a) your use of the Site; and (b) a violation of these Terms and Conditions of Use, and (c) misdiagnosis / faulty judgment /interpretation errors / perception error arising from (i) your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice / prescription / diagnosis by you; or (v) failure to follow doctor’s advice / prescription by you; or (d) incorrect or inaccurate credit / debit card details provided by you; or (e) using a credit / debit card which is not lawfully owned by you; or (f) if you permit a third party to use your password or other means to access your account.
5) REGISTRATION AND USER INFORMATION
6) USER RESPONSIBILITIES
Even though the Services may or may not be provided free of charge for users, usual, customary and any other charges for any services and products provided or rendered by Healthcare Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for all use of the services and for all use of your credentials, including use by others to whom you have given your credentials. You may only use the site and the services for lawful, non-commercial purposes. You may not use the site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the site or the services. You may not attempt to gain unauthorized access to any of the services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
You grant to H-Cloud a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to H-Cloud the right to sublicense these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or H-Cloud or a third party (in each case under any applicable law).
In addition to our rights in these Terms, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms.
7) COPYRIGHT AND TRADEMARK NOTICE
All content, including but not limited to trademarks and taglines identifying us or our affiliates, graphics, images, content, button icons, and service names are solely our property. All content on this site is protected by national and international copyright laws and treaties. Nothing on this site should be construed as granting a license or right to use any trademark displayed on this site, without the written permission of the trademark owner. Other than browsing and using the site for its intended purpose, you may not in any way duplicate, distribute, modify, remove, delete, add to, publish, transmit, or in any way exploit any of the content of this site, in part or in whole, except when expressly authorized in writing by H-Cloud. You may not use our logo for any purpose whatsoever, not even as a link to our site unless the intended use of the logo is approved in advance by us in writing. H-Cloud reserves the right to seek all remedies available at law, in equity or under international copyright laws for violations of these Legal Terms, including the right to block access from a particular Internet address to the site.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company.
Any information concerning you and your records may be passed to third parties. However, your records are regarded as confidential and therefore will not be divulged to any third party, other than relevant Healthcare Provider and if legally required to the appropriate authorities. You have the right to request sight of, and copies of any and all of your records we keep, on the proviso that we are given reasonable notice of such a request. You are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue you with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
You are prohibited from posting or transmitting to this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under applicable law or any international treaty. H-Cloud reserves the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to this site.
10) LIMITATION OF LIABILITY
Medical, commercial and legal practice change frequently and the content on this website, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such.
H-Cloud will not be liable for any damages of any kind arising from the provision of Services or use or the inability to use this site, including but not limited to direct, indirect, special, incidental or consequential damages, loss of profit, operation time, goodwill, contracts, revenues or anticipated savings arising out of or in relation to the use of this site even if H-Cloud or one of our representatives has been advised of the possibility of such damages. Under no circumstance will H-Cloud be liable for any loss or damage caused by a user's reliance on information obtained through this site.
11) GOVERNING LAW AND JURISDICTION
These laws will be governed by and construed in accordance with the laws of Pakistan, and you submit to the exclusive jurisdiction of courts in Pakistan for any dispute solely and directly arising from the provision of the Services.
12) LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
13) LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites, including the websites of Healthcare Providers, which are linked to/from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage you to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the seckurity and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
If you have any questions or concerns about this policy or the use of your information, or to modify or update any information we have received, please contact us. We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us page.
15) FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under these Terms which is due to an event beyond the reasonable control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
By accessing and using our Services through the Platform, you consent to these Terms. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms, or the right thereafter to enforce each and every provision. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
H-Cloud may transfer, sub-contract or otherwise deal with H-Cloud’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You agree not to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
The Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement.
18) NOTIFICATION OF CHANGES
These Terms form an agreement between the you and us. Your accessing and usage of the Services through the Platform and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms contained herein.
You agree to pay all fees or charges in accordance with the fees, charges due and payable. You hereby authorize H-Cloud to immediately invoice your credit card or any other payment account and/or payment methods provided for any and all fees and charges due and payable and agree that no additional notice or consent is required by H-Cloud. H-Cloud’s fees or charges are net of any applicable taxes and you will be responsible for payment of any and all such taxes and any related penalties applicable if subject to such taxes in any applicable jurisdiction. You agree to indemnify H-Cloud for any liability or expense incurred in connection with any such taxes. Unless otherwise agreed to by Company in writing, all fees paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors, and we may collect some information. The use of your data by any such third party payment processors is subject to their privacy policies. Company reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date.
20) REFUND POLICY
Unfortunately, you cannot return prescription medicines, or anything that has a hygiene seal that has been broken. You have the right to reasonably inspect your items as you would in a shop, but you cannot return items that you have used, unless you are returning them because they are damaged or faulty.
To claim a refund please write an email to [email protected] You must send the claim for refund within 3 days after the payment is made subject to the refund policy of the Company. Any refund claim after 3 days will not be accommodated. Refund claims sent within 3 days should be processed within 15 working days. Please note that time for completion of refund claims may increase due to extenuating circumstances and you will be notified accordingly.
For online video consultations refund claims can only be processed if submitted at a 12-hour notice.