TELEMEDICINE TERMS OF USE
These terms and conditions (“Terms”) and our Privacy Policy set forth herein shall govern your (“I” “Users”, “you”, “your”) usage of our Aster Telemedicine Virtual Platform (“Service”). Service is offered by Aster DM Healthcare FZC or its affiliates and subsidiaries (“Company”, “we”, “us”, “our”) through our wide range of healthcare facilities across UAE (“Aster Facilities”). These Terms govern your access to, and use of, the Platform (defined below). By visiting, registering for, or using this Platform, you agree to be bound by and abide by these Terms.
The Terms constitute the entire legal agreement between you and us and govern your use of the Platform to seek out medical diagnosis and evaluations by doctors and medical staff through the use of telemedicine (“Platform”).
These Terms, include, and are supplemented by, other terms and conditions contained within the Platform that are more specific to the use of particular parts of this Platform. In the event of any inconsistency the terms and conditions specific to a part of the Platform prevail.
Aster DM Healthcare FZC reserves the right from time to time to changes these Terms without prior notice or your consent. You are responsible for informing yourself of any changes to these Terms and any notices posted on the Platform and should read them carefully before you use the Platform.
BY CLICKING “I ACCEPT” YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT TO THESE TERMS OF USE AND THE PRIVACY POLICY SUCH AS SIGNING A PAPER CONTRACT AND COMPLETELY REPLACES ANY PRIOR AGREEMENTS, IF ANY, BETWEEN YOU AND US. IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, REFRAIN FROM USING THE SERVICE.
DISCLAIMER: DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS, if you experience a medical emergency please contact ambulance within your immediate neighborhood.
1. TERMS
1.1. By accessing the Service via Platform, you agree to be bound by these Terms. If you do not agree with any of the Terms, your sole recourse is to stop using the Platform.
1.2. The Company may amend these Terms at any time by posting an updated version of the Terms on the Platform. The Company encourages you to check out the Platform regularly for any amendments to these Terms. Your continued use of the Services and accessing the Platform will constitute your express consent to these Terms.
1.3. Nothing in these Terms affects your statutory rights, either as a consumer of services or otherwise.
2. YOUR LOCATION
You hereby certify that you are physically located in the state you choose/have chosen as your current location. You acknowledge that your ability to access and use Service is conditioned upon the truthfulness of this certification and that the physicians you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Aster Facilities and the physicians you interact with from any resulting damages, costs or claims as set forth in the indemnification section below.
3. PRIVACY POLICY
The Personal Information you provide in the course of using Services via Platform will be used in accordance with our privacy policy, the terms of which are hereby incorporated into and form part of these Terms.
4. ACCOUNT ENROLLMENT
4.1. To access the Service, you must first enroll yourself to establish an individual user account (“Account”) by providing us relevant identifying information about yourself. As a User, you agree to be responsible for any accounts of minor children for whom you are the parent or legal guardian
4.2. You agree, as the User, to not create duplicate accounts, and have only one account linked to your name.
4.3. You agree to
(a) Provide true, accurate and reliable identifying information about yourself as prompted by the account enrollment form;
(b) To update any inconsistencies or changes in the information when you log on and regularly maintain such information in your Account;
4.4. You represent and warrant that you are at least 18 years of age, and possess the ability and legal right to agree to these Terms.
5. YOUR DETAILS
5.1. You will need to register with the Platform to use any Services. To register, you must provide true, accurate, complete and current information (including name, date of birth, email address, credit/debit card details, mobile telephone number and other details) as requested during the account creation process. If you are under the legal age of majority, you shall not register.
5.2. By registering yourself on the Platform, you warrant that the details you provide to the Company are correct and complete and you agree that you will inform the Company immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of the Platform. You authorize us to use any information provided to us to verify your information (including any updated information), to obtain an initial credit authorization from your credit card issuer at the time of registration, at Company’s sole discretion. Your application for registration is dependent on acceptance of the same by Company, in its sole discretion.
5.3. You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that your user name and password is kept confidential and secure. Please inform the Company immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
5.4. The Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content, or cancel/reject orders, at Company’s sole discretion. If the Company cancels an order, it will be without charge to you.
6. ACCEPTABLE USE
6.1. The User agrees not to access or use the Service in any unlawful way or for any illegitimate purpose.
6.2. The User agrees not to:
(a) Use, store or transmit any information that is incorrect, inaccurate or misleading;
(b) Transmit any messages via the Service with a false identity;
(c) Transmit any message or information that violates the intellectual property of another person or corporate entity;
(d) Utilize any information that is obscene, defamatory or predatory in nature.
7. PAYMENTS
7.1. You may pay for the Services which you order online using the Platform by providing your credit/debit card details.
7.2. If you make a payment for the Services ordered using the Platform, the details you are asked to submit will be provided directly to our third-party payment provider via a secured connection (“Payment Gateway”).
7.3. You should also mention your Insurance Policy number and Insurance Provider, in case you have valid Insurance Coverage (“Insurance”). Upon receiving details about your Insurance, we shall check with your Insurer about your coverage and eligibility to receive the Services. If coverage for the Services is declined by your Insurer, you shall be informed accordingly, and you undertake and guarantee to pay us for the Services availed by you through the Platform.
7.4. We reserve the right to cancel your transaction processing account at any time for any reason, at which time we will return the payment amount entered in the Payment Gateway, in an appropriate and reasonable timeframe.
7.5. We reserve the right to refuse processing Services to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of Services is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving, otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place.
7.6. IIf you believe a transaction was made improperly and upon your reporting to us, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if our actions can reasonably and efficiently handle said problem.
8. LIMITATIONS OF LIABILITY
8.1. Where it is not possible to exclude liability under applicable law, you agree that Company’s maximum liability for any corresponding claim shall be limited to the amount paid for the Services in question.
8.2. In the event of any problem with the Service or any of its content (such as the advice rendered through the Service), your sole remedy is to cease using the Service.
8.3. The Company shall not be held liable for any errors or omissions in any content, or any infringement of content belonging to third parties.
8.4. To the maximum extent permissible by applicable law, Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees:
(a) Are not liable for any direct, indirect, punitive, incidental, special or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of or in way connected with your use of the Service or the use or inability to use the Platform and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory and whether or not company is advised of the possibility of such damages; and
(b) Are excluded from any and all liability for damages caused by any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from use of the Platform.
8.5. The Company shall not be responsible for any loss or damage of any kind incurred as a result of the use of any content.
9. REFUNDS
9.1. Once we have found the basis for the return of fees paid for the telemedicine service acceptable, then the refund will be processed based on the mode of payment of the order. Orders paid by credit/debit card will be refunded by credit back to the credit/debit card within 15 workings days. However, we shall not be responsible for the delay in refund due to delay in processes of banks.
10. AGREEMENT TO DEAL ELECTRONICALLY; ELECTRONIC COMMUNICATIONS AND NOTICES
10.1. By clicking "Submit" on any step of a transaction on the Platform, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions", you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet and to be notified regarding any transaction electronically through the email address you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures.
10.2. Except as otherwise provided in these Terms, we will give you any notices regarding the Platform by posting them on the Platform. To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on the Platform. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications that need to be in writing.
11. USE OF THE PLATFORM
11.1. The Company tries to keep all information on the Platform up to date, but it may not be correct all of the time. You should independently check the information you use is correct. If you find any incorrect information, you can notify the Company by calling or emailing at the details specified in the Contact section below.
11.2. You must not conduct or promote any illegal activities while using the Platform. This includes any activities that (in Company’s opinion) breach copyright, infringe on privacy or infringe any other third party rights, as well as activities that are defamatory to third persons. To do so may lead to prosecution.
11.3. All content on the Platform is for general information purposes, it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on the Platform.
11.4. You must not use the Platform to generate unsolicited emails, spam or promotional materials to other users. You must not do anything to cause damage to the Platform or other users of the Platform, including any technical damage to other computers. You must not send any viruses or other material designed to adversely affect the operation of the Platform, affect any other users of the Platform or affect any equipment or any data on the Platform. You must not attempt to gain access to the Platform or the system that runs the Platform. You must not interfere with the security of the Platform, its services, system resources or network. You must not use the Platform in any manner that could damage, overburden or impair the Platform or harvest or otherwise collect any information about other users. You must not change, edit, add to or produce summaries of its content anywhere else. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.5. Please note that it is illegal to provide false information or fraudulently obtained information regarding the credit/debit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of the Platform may be subject to prosecution. The Company does not guarantee that the Company will be able to prevent any illegal or inappropriate use of the Platform or will give notice of any illegal or inappropriate use of the Platform.
11.6. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
12. CHANGE AND CESSATION OF OPERATIONS
12.1. The Company reserves the right to change or correct any errors or omissions on the Platform and to alter, limit or discontinue the provision of any of the services provided via the Platform, at any time without prior notice to you. The Company will use reasonable efforts to include up-to-date and accurate information on the Platform, but it reserves the right to delete, modify or supplement the content available on the Platforms at any time for any reason without prior notification.
13. THIRD PARTY LINKS AND ADVERTISEMENTS
13.1. The Platform may contain links to other websites. The Company makes no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and the Company does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
13.2. If you use any material or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. The Company does not endorse and is not responsible for the use of or the content of any third party websites. The Company is not responsible for anything that may happen when you use them.
14. INTELLECTUAL PROPERTY
14.1. The Platform’s content is protected by copyright, trade mark and other intellectual property rights. The Company or its affiliates or its licensors, retain all rights in such content. You are only permitted to access and use the Platform for personal purposes. You may not use the Platform or any of its content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content or software contained within the Platform.
14.2. The Company is not responsible for any error or inaccuracy in any advertising or sponsorship material available on the Platform.
14.3. The Company has granted you, the User, permission to download, and store any content only for your personal or private use. No reports or diagnosis generated through the Services or Platform may be utilized for commercial purposes.
14.4. The User agrees not to reproduce, retransmit, distribute, sell, publish or broadcast content received through the Service to anyone, including but not limited to others in your organization.
14.5. Any accompanying documentation made available for download through the Service is the copyrighted work of the Facility or its licensors.
14.6. User agrees not to tamper with any copyright notices, or tamper with or commercially use any trade mark, logo or names which includes both business names and domain names appearing on the Platform or in materials accessed via the Platform.
15. USER CONDUCT AND USER GENERATED CONTENT
15.1. You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of the Platform and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same. The Platform may at times provide opportunities for Users to post reviews and other comments, questions, suggestions or other information (“User Generated Content”). You warrant that any such User Generated Content submitted by you on the Platform is original (and does not infringe the copyright of others), and you hereby grant the Company a perpetual, irrevocable, non-exclusive, royalty-free license to use such User Generated Content so submitted, without any further recourse to you and you hereby waive any moral rights in such User Generated Content. You agree that this license authorizes us to publish your User Generated Content and identify you as the source of that content by using the name or user name that you use to submit the content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright or that may otherwise breach common decency or be contrary to law. The Company has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.
16. DISCLAIMER OF WARRANTY
16.1. The Platform and its content are provided on an "AS IS" and “AS AVAILABLE” basis. The Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied and statutory warranties, including, without limitation, fitness for a particular purpose, freedom from computer virus, title and non-infringement of proprietary rights.
17. INDEMNITY
17.1. You agree to hold harmless and indemnify Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and legal fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party or your use of the Platform.
18. TERMINATION
18.1. The Company may terminate or suspend your access to all or part of the Platform without prior notice, if it believes that your conduct is in violation of these Terms, applicable law or otherwise harmful to the interests of the Company or any third party. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations that, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights and User Generated Content.
19. GENERAL
19.1. Relationship: None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Company and you will have no authority to bind the Company in any manner whatsoever.
19.2. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted such provision without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
19.3. No Waiver: Any failure by the Company to enforce any terms set out in these Terms or other policies with you is not a waiver of Company’s rights to enforce those terms.
20. GOVERNING LAW AND JURISDICTION
20.1. The Terms shall be governed by the federal and local laws of the state/country/region in which Service via Platform was accessed or used by the User and the physician involved (“Law”). Any dispute regarding these Terms shall be subject to competent jurisdiction of courts wherever the Law is applicable.
OR
(Wherever Applicable) The Terms shall be governed by the laws of Dubai, United Arab Emirates. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai.
21. CONTACT US
21.1. Aster DM Healthcare FZC, has a registered office at Aspect Tower, Business Bay, Dubai, UAE. You can contact us regarding the Services or these Terms on legal@asterdmhealthcare.com and toll free Customer Service number 800 700 600.
22. INFORMED CONSENT
Possible Risks of Telemedicine:
As with any medical procedure, there are potential risks associated with the use of telemedicine. We believe that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
By accepting these Terms, I acknowledge that I understand and agree with the following:
Except to the extent already relied upon, you understand you may withdraw your consent at any time by emailing care@1aster.com to withdraw your consent and inactivate your account.
You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others. If you obtain psychotherapy services, you understand that your therapist has the right to limit the information provided to you if in your therapist's professional judgment sharing the information with you would be harmful to you.
I further understand that my healthcare information may be shared in the following circumstances:
When a valid court order is issued for medical records. Reporting suspected abuse, neglect, or domestic violence. Preventing or reducing a serious threat to anyone's health or safety.
23. PATIENT CONSENT TO THE USE OF TELEMEDICINE
I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to avail telemedicine services under the terms described herein.
By clicking the "agree" button, you are consenting to receiving care via the service. The scope of care will be at the sole discretion of the healthcare physician who is treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare physician will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the service.