Terms and Conditions

Date last modified: 9th December 2020

 

 

Medicall Ltd. (“Medicall”, “we”, “us”, “our”) operates this Application and the website located at www.medicall-hk.com.

 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) and the Privacy Policy available at www.medicall-hk.com /privacypolicy carefully (“Privacy Policy”). By continuing to access and use this Application you agree to be bound by all terms and conditions in the Terms and the Privacy Policy. If you do not agree with any part of the Terms or Privacy Policy, please do not use this Application.

 

The Terms and the Privacy Policy collectively constitute a legal agreement (“Agreement”) between the User (“you”, “User”) and Medicall. Users can be defined as either the Medical Practitioners, including Doctors, Psychologists, and Nutritionists, (“Medical Practitioner(s)”, “you”, “User”), participating with Medicall or otherwise a patient availing the services on the Application, or his/her representatives (“Patient(s)”, “you”, “User”).

 

In order to use this Application, you must be at least 18 years of age. By using this Application or accepting this Agreement you represent and warrant that you are at least 18 years of age, and that you have the capacity to use this Application.

 

This Agreement contains the entire agreement between you and Medicall with regard to your use of this Application and supersedes all prior verbal and/or written terms and conditions you may have received from Medicall relating to your use of the Application.

 

 

1.    The Application

 

Medicall is an app-based platform that connects Patients to Medical Practitioners with the aim of simulating real life consultation experiences. Through this Application Users may avail services and/or find and access information including but not limited to, virtual consultations, post-consultation care, diagnosis, appointment, prescriptions, digital records and other applicable information (“Services”).

 

Medicall has the right to refuse to provide access of its Application to any person, or prohibit any person from using the Application, at any time, at Medicall’s absolute discretion.

 

Medicall acts as an intermediary platform between Patients and Medical Practitioners. Medicall is not a contracting party between the Patient and Medical Practitioner and therefore cannot be held liable for any wrongful acts committed by Patient and/or advice given by the Medical Practitioner. Medical Practitioners who are registered to the Application are not employees or agents of Medicall but operate as independent professionals using the Application. Information and opinions provided by the Medical Practitioners  amounts to advice given by  that Medical Practitioner alone, and do not represent those of Medicall. Medicall does not endorse or recommend any specific Medical Practitioner, nor the opinions, advice, information or products offered by the Medical Practitioner. Medicall helps you to find the Medical Practitioner to look into your medical condition but does not make decisions for you.

 

This Application should not be used as a replacement for emergency situations, or in cases of an urgent healthcare need.

 

2.    Right to Modify

 

Medicall reserves the right to add, modify or remove these Terms any time. These changes will immediately come into effect once they have been posted onto the Application. You are advised to read the Terms periodically to note if  changes have been made. Continued use of the Application following any changes amounts to your confirmation to be bound by the modified Terms. If you do not agree with any changes, whether in whole or in part, you must immediately stop using the Application.

 

 

3.    User Account and Use of Application

 

When you register as a User on the Application, you create an account by entering your name, email address, password, mobile phone number and certain other information that we need to know before we can offer you our Services. It is your responsibility to update these details to ensure they are correct at all times. Users will receive  an email confirmation or a SMS text message confirming that the details have been updated.  Medicall will not be responsible for any loss or inconvenience caused by your failure to update your details.

 

As a User of our Application, Medicall grants to you a limited, non-exclusive, non-transferable license to access and use the Application with regard to the term of the Agreement. Your access to this Application can be terminated by Medicall any time at the absolute discretion of Medicall. You understand and agree that in such event, you have no right or claim against Medicall.    

 

You agree that the information provided to us, whether during registration or any information you upload to the Application thereafter, is accurate, up-to-date and complete. You are solely responsible for ensuring the confidentiality of your password, any personal information that may be accessed through your account as well as all activities that occur on your account. You should immediately alert Medicall if you suspect any unauthorized use of your account or if you believe your password has been compromised. Medicall is not responsible for any loss you may endure due to your use of the Application or any unauthorized use of your account. Medicall reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Application and your account information.

 

You (including Patients and Medical Practitioners) agree that your use of this Application will be subjected to the following:

 

1.    You will not use this Application in any way or for any purpose not intended under this Agreement.

2.    You will not act in any fraudulent or misleading manner.

3.    You will comply with all applicable  laws, regulations and code of ethics.

4.    You will not use Medicall, or share information about Medicall, in a competitive way.

5.    You will not use this Application as a medium of advertising.

6.    You will not post any content that violates or infringes the rights of a third party.

7.    You will not impersonate any person or entity.

8.    You will not upload any materials that contain viruses or other computer programming routines that destroy or interfere with the functionality of the Application.

9.    You will not reverse engineer, decompile, translate or disassemble any software or other components of the Application.

10.  You will not interfere, hamper or damage the functioning of this Application. 

11.  You will not use the Service or Application to cause nuisance, annoyance or inconvenience.

12.  You will not use other user’s accounts or allow another person to use your account at any time.

13.  You will not promote, encourage, or engage in abusive or otherwise offensive language when using the Application.

 

 

4.    Medical Practitioners 

 

Medical Practitioners must register to join the Application. Medical Practitioners are subject to review by Medicall before they can join the Application. During the registration review Medical Practitioners will be required to set up a profile, verify their email address, verify their professional qualifications, provide bank details and provide work information which includes documents such as Medical Registration certifications, Degree Certificate, License document and ID proof. Once a Medical Practitioner has been approved Medicall has no power or control to edit any content provided by Medical Practitioners to the Patient. All information and advice provided by Medical Practitioners are those of the Medical Practitioner alone. Clinical liability is confined between Patients and Medical Practitioners.

 

During video consultations or through the chat function of the Application, Medical Practitioners will only answer questions related to their field of expertise as specified in their profile. Medical Practitioners should not supply information to Patients regarding subject areas they are unfamiliar with. Medical Practitioners cannot advertise any product for commercial purposes through the Application.

 

 

5.    Payment, Fees, Cancellations and Refunds

 

You agree to pay all fees or charges applicable to your use of the Application. Payment by Patients will be made on each consultation. The consultation fee will be at the sole discretion of the Medical Practitioner , Medicall has no control over the price. Medicall will be entitled to a  commission at the rate of 20% of the consultation fee charged by the Medical Practitioner payable by [User/Medical Practitioner] following each consultation session. An invoice for the payment will be generated and will be disclosed to Patients on the Application and/or sent to Patients at the contact details they have provided.

 

Medical Practitioners must provide Medicall with their bank details so they can be paid for their services. 

 

Payments from Patients are paid online through a third party, namely, Stripe, an American financial services and software as a service company. Medicall has no access to Patient’s Debit or Credit card information as Patients will be automatically redirected to Stripe to make payments. Medicall will not be responsible for any loss or damage caused to you during the payment process as this is completely beyond the control of Medicall.

 

If you have scheduled a video consultation but are unable to attend, you must cancel the appointment at least 30 minutes before the scheduled appointment. You understand and agree that if you fail to cancel your appointment in a timely manner as provided, you will still be responsible to pay for the consultation fee for the missed appointment.

 

In cases of complaints made by Patients after the payment has been processed, refunds may be allowed after an investigation under the sole discretion of Medicall.

 

6.    Privacy and Communications

 

Medicall is required under law to uphold the privacy and confidentiality of your medical information. Medicall understands and values the importance of your personal information and strives to maintain utmost security of the information you provide to us. However, you understand that Medicall cannot guarantee that our security practices and procedures can completely and wholly prevent unauthorized access to your personal information.

 

Our Privacy Policy, which forms part of this Agreement, informs you on how we collect, use, disclose and protect personal information of individuals. You are strongly recommended to read it alongside these Terms and Conditions.

 

When you register as a User of Medicall you understand that in the process of registration and through your use of the Application thereafter, you may receive communication from Medicall through the contact information you provided. These communications will relate to the Services provided by Medicall, including but not limited to, appointment reminders, payment of invoices, operational information, privacy notices and administrative messages.

 

 

7.    Termination

 

Your right to use the Application, avail its services and access its contents will cease immediately upon any violation of the terms of this Agreement. We reserve the right to terminate, suspend or limit your account at any time without providing any reason. You understand and agree that you will have no claim against Medicall if your right to use the Application is terminated.

 

You may terminate your account at any time by emailing us at support@medicall-hk.com. You must note that when you terminate your account you are still obligated to pay any and all outstanding fees you have incurred prior to the termination of your account. Medicall reserves the right to preserve or destroy all communications and information. Once your account has been suspended or terminated, you will not continue to use this Application through a different or new account. After termination, Medicall has no further obligation to provide its Service, except to provide you with access to your health records (where such records have not been destroyed).

 

8.    Exclusion of Warranty

 

YOU AGREE THAT THE USE OF THE APPLICATION AND SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. THE APPLICATION AND THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDICALL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, ACCURACY OF DATA, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, TIMELINESS AND RELIABILITY.

 

This Agreement sets out the full and entire agreement between the parties (that being the User and Medicall). No information received from Medicall whether written or verbal will create a warranty that is not expressly stated in these Terms.

 

 

 

9.    Limitation of Liability

 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED BY RELEVANT LAW, IN NO EVENT WILL MEDICALL OR ITS OFFICERS, EMPLOYEES, DIRECTORS, REPRESENTATIVES, AFFILIATES OR AGENTS BE SEEN LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, USE OR OTHER INTANGIBLE LOSS(ES) ARISING OUT OF YOUR DIRECT OR INDIRECT USE OF THE APPLICATION, ITS SERVICES AND ITS CONTENTS. THIS IS APPLICABLE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHER MEANS.

 

 

10. Indemnification

 

You agree to indemnify, defend and hold Medicall, Medicall Professionals and their officers, employees, directors, affiliates and agents, harmless from any and all claims, actions, demands, liabilities, settlements, suits, damages and expenses resulting from your use of the Application, its services and its contents as well as your violation of these Terms.  

 

 

11. DISPUTE

 

This Application shall be governed and interpreted in accordance with the laws of Hong Kong. In cases of dispute you irrevocably and unconditionally submit yourself to the exclusive jurisdiction of the Hong Kong courts.

 

 

12. Third Party Links and Websites

 

This Application may include links to other third party websites, you agree that by clicking on these links you do solely at your own risk. You understand that Medicall does not control or endorse any third party websites and links, and shall not be responsible for the contents of these linked pages. If you do visit any third party links Medicall accepts no liability or responsibility for any loss or damage which you may suffer in relation to your access and use of these third party links and websites.

 

 

13. Intellectual Property

 

This Application and its contents including but not limited to the software, design, functionality, text, images, layout and video are owned by Medicall or under license by Medicall and are protected by Hong Kong and International intellectual property laws.

 

You may not reproduce, modify, copy, republish, distribute, publicly display, create derivative works of, sell or transmit any of the Medicall content, in whole or in part. You must only use this Application for a personal, non-commercial purpose.

 

The name, logo and service marks of Medicall (collectively known as “Trademarks”) are the trademarks of Medicall and its licensors. Unless expressly authorized in writing, any use of these Trademarks may be legally actionable.

 

14. Miscellaneous

 

Wavier: No provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is given by Medicall in writing. Any consent of Medicall to waive any breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other breach on your part, regardless whether it amounts to a similar breach waived by Medicall in the past..

 

Severability: If any provision of these Terms is held to be invalid by any court or authority, then such provision shall be excluded from this Agreement. The invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

 

Force Majeure: Medicall will not be liable for any delay or unavailability of our Application and Service due to any event or occurrence which is beyond our control, including but not limited to, Acts of God, war, terrorism, failures of any public networks, natural disasters, civil disorder or strikes.

 

Geographic limitations: Psychologists and Nutritionists can provide cross-border consultations. However, you understand that for appointments provided by a Doctor, both the Doctor and the Patient have to be located in Hong Kong.

 

Rating system: At the end of the consultation, Patients will have the opportunity to rate their experience with their Medical Practitioners. The rating will be conducted through Medicall’s own rating system. Medicall does not interfere or influence with the ratings. It will be based solely upon the ratings inputted by the Patients.

 

 

15. Contact Us

 

If you have any question about this Agreement or you would like to find out more about us, please feel free to send us an email at: support@medicall-hk.com.