HumWell (Private) Limited – (“HumWell”)
A company, incorporated under the laws of Pakistan, providing digital primary healthcare service to the general public, albeit limited, including the provision of consultations for the most common symptoms as well as health education (“Service”)
These terms and conditions (the “terms”) provided herein constitute a legal and binding contract between HumWell (“we” or “us”) and its User (“you”). The terms explain how you are permitted to use the services provided by HumWell through its app and its website located at the URL http://www.humwell.com. Unless otherwise specified, all references to “site” include, but is not limited to, any software/application/platform/website, etc. that HumWell provides to you that allows you to access the site from a mobile device and/or some other platform (a “mobile application”). By using this site/application/platform/website, etc., you are agreeing to all the terms stated herein; if you do not agree with any of these terms, do not access or otherwise use this site or any information contained on this site.
By using this site, you acknowledge that you are at least 18 years of age.
- You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, protect and hold harmless HumWell, its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your family members, employees, contractors or agents of the Service in violation of these Terms of Service.
- You must not allow any additional users to use your account; however, family members may be added by the authorized user only. The authenticity, accuracy, and privacy of all the data and details shall be guaranteed by the User. HumWell has the right to audit your use of the Service, at its own cost, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service.
- Any unauthorized use of the Service is a violation of these Terms of Service and a breach of contract in applicable laws. Such violations may subject you to civil and criminal penalties.
- HumWell will take steps to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages and/or technical failure. HumWell may perform unscheduled maintenance at any time, but will only do so if deemed necessary. You agree not to hold HumWell accountable and/or responsible for any such delays and confirm that you will not bring any claims at any legal forums in this regard.
- HumWell services are intended for use by healthcare providers and Users in connection with whatever information the patient is sharing with HumWell so as to allow immediate clinical action or continuous monitoring by a healthcare provider or the User.
- HumWell is not a first aid/emergency service provider hence, the use of HumWell services is not appropriate for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, you agree that you shall access the nearest open clinic or emergency room.
- You confirm that you shall never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the site.
- Medical advice provided to “you” by a healthcare provider through the Service, such as investigations, medications, home-based advice, and all sorts of health education and awareness infographics/videos, is solely based on the information shared by the User. The medical advice provided by your healthcare provider is not under the control of HumWell and shall be provided on an as-is basis. You agree and confirm that the site is just a platform, and you shall not bring any claims of any nature whatsoever against HumWell in relation to any advice you receive using the site.
Intellectual property and data
- HumWell has established reasonable safeguards and procedures to protect the security of User information, but “you” must also take steps to protect your privacy and confidentiality. HumWell ensures that confidentiality of medical records and call recordings of consultations are under strict security compliance.
- HumWell provides content through the site that is copyrighted and/or trademarked. Materials may include logos, graphics, videos, images, software, and other content. You confirm that HumWell has not conferred a license on you to reproduce and/or use any such material in any manner whatsoever outside of the site.
- If you breach any of these terms, your user license under this Contract will terminate automatically and you must immediately destroy any downloaded or printed materials.
- Unless otherwise specified in these terms, all information and screens appearing on the site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of HumWell. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. You confirm that HumWell has not conferred a license on you to reproduce and/or use any such material in any manner whatsoever outside of the site.
Fees, Rates and Charges
- The User acknowledges and conforms to the charges including fees, usage charges and other subscription fees for the Service as stated by HumWell and which are subject to change from time to time by HumWell. Changes, if any, will be applicable, and payment shall not be delayed and/or challenged in any manner whatsoever.
- The User shall pay the applicable taxes, if any, on the Service.
- HumWell is not responsible for any data charges incurred by the user while using the “Service”.
- If you are a user, you accept responsibility for yourself and those accessing your account in the use of the services. You acknowledge that your relationship for healthcare services is with your healthcare provider, and your obtaining services from the healthcare provider is solely at your own risk, and you assume full responsibility for all risk associated therewith, to the extent permitted by law. You confirm that you shall not hold HumWell accountable and/or responsible for any claims which you may have in relation to such services.
- The User is required to provide certain personal information, including but not limited to name, date of birth, gender, address, email, mobile, and emergency number, as well as a user id and password.
- The User may also provide certain optional information, including middle name or initial, contact info and contact details, picture and communications preferences. In addition, the User can communicate other health-related information to the healthcare provider during a video consultation via the HumWell application.
- Optional information is not required to register for an account but may be helpful to HumWell in providing you with a more customized experience when using the site or its services.
- HumWell duly confirms the credentials of HumWell healthcare providers using our services and validates that they are in good standing with their respective licensure board(s).
- Once your account has been created, you are responsible for maintaining the confidentiality of your password, and for all the activities that follow. You agree not to share your password, let others access or use the password or do anything else that might jeopardize the security of your data. You agree to notify HumWell if you are aware of any unauthorized use of your account on this site or application, and/or if you know of any other breach of security in relation to this site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it and agree to keep HumWell indemnified and protected from any and all claims in this regard.
- The User confirms that all the information that is provided including phone number, when registering for an account and otherwise through the site is accurate, complete and up to date. User may change, correct or remove any information from account either manually or by calling the authorized calling agent of HumWell and making the desired changes. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
- Any user who has previously been terminated by HumWell may not register for a new account, nor may designate other individuals to use an account on its or your behalf. Doing so will be viewed as a breach of the terms of this Contract and shall expose you to penalization in law.
- Your use of this Service is at your own risk. You confirm that HumWell does not warrant the accuracy of timelines of the materials or submissions contained on its site and application, and agree not to bring any claims against HumWell in this regard.
- HumWell shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from this Service. In no event shall HumWell be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage). You, on your part, agree not to bring any claims against HumWell in this regard.
- The User acknowledges and accepts that the sessions may be recorded, and gives the consent of recording of the session which shall be strictly monitored and would be under strict data privacy.
Unauthorized use and activities
When using this site and/or the services, the User agrees not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use discriminatory, racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, junk mails, spams, chain letters, pyramid schemes, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this site.
- Post anything contrary to our public image, goodwill or reputation.
The above list is not exhaustive or exclusive, and you agree that HumWell reserves the right to terminate access to your account, refuse, delete or remove any submissions with or without cause and with or without notice, for any reason or no reason, or for any action that HumWell determines is inappropriate or disruptive to this site or to any other user of this site. HumWell may report to law enforcement authorities and will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this site or on the internet. HumWell’s decision will be final and binding on you in all respects.
The User agrees to indemnify and hold HumWell and its officers, directors, employees, including Call Center Agents and Doctors, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense). If HumWell or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this site or the use of this site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party, then HumWell may take action as it deems fit, and you confirm that you shall not challenge any such action nor bring any claims against HumWell in this regard.
- The User may not assign their rights in respect of the Service to any other person.
- HumWell will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.
- If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability, and that fact does not affect the validity or enforceability of the remaining provisions.
- HumWell may modify the Service, or any other services, at any time, for any reason, and without notice.
- We also reserve the right to discontinue the site and/or services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the site or the services.
- This Agreement is governed by the laws of Pakistan, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Pakistan.
The User acknowledges and agrees that HumWell may at times send the User communications regarding their account or the Service via email and/or message. If the User has requested it, HumWell may also send the User communications about upgrades to the Service or other products and services that may be of interest to the User. HumWell is not responsible for any charges incurred by the User due to these communications. The User has the option of opting out of such communications through their application.