Last Updated: September 17, 2020. 26:04 PST
Diabetes TeleCare Terms and Conditions of Use
In this article, we have set out the terms and conditions as a legal and binding contract between Diabetes TeleCare (“We” or “Us”) and “You”, and are referred to herein as (“Terms and Conditions”). The Terms and Conditions elaborate your access to, and use of the services provided by the website located at the URL https://www.diabetestelecare.com/ (as well as all associated websites linked to www.diabetestelecare.com owned and operated by Diabetes Telecare and collectively known as “Site”). It is specified that all references to this Site include “a Mobile Application” software that Diabetes TeleCare provides to you as a means of access to the Site from a mobile device.
These terms and conditions may change
Diabetes TeleCare reserves the right to modify or update any of these terms at any time. Hence, these Terms and Conditions are subject to change without prior notice or your consent, except that the Terms and Conditions present on the Site at the time you purchase our services. You, yourself will be responsible for staying up-to-date and informing yourself of any changes to these Terms and Conditions of Use. Any notifications we post on the Site must be read carefully before you use the Site.
Your use of this Site is governed by these Terms and Conditions so please take a few minutes to review them carefully
1. USE OF THIS SITE
- You must
- Comply with these Terms and Conditions of Use at all times while using the Site;
- Ensure that all information you submit to us on this website, upload to the Site or provide to another user of the Site, is authentic and true and does not violate the rights (including intellectual property rights) of any other person. Each time you submit or provide information to the Site or a user of the Site, you represent and warrant to the recipient of that information that you have complied with this clause and are not violating the rights (including intellectual property rights) of any other person;
- Not use the Site for any unlawful purpose;
- Not introduce any Harmful Code into the Site or use it in a manner that could damage, disable or impair Diabetes TeleCare services or system;
- Not use any robot, scraper or other means to access the Site for any purpose;
- Maintain and safeguard the privacy and security of all personal or confidential information that you obtain access to in relation to the Site;
- Not access information or perform services relating to any other person (unless expressly permitted by us or by that other person to do so); and
- Not send or post any unsolicited messages or any offensive, inflammatory, defamatory, threatening, abusive, hateful, racist, obscene, fraudulent, deceptive or otherwise unlawful information.
1.2. You are responsible for, and bear all the costs of, installing and maintaining your own systems and equipment necessary to access and use the Site.
1.3. You agree to report any misuse of this Site that you become aware of to Diabetes TeleCare.
- INTELLECTUAL PROPERTY
2.1. Ownership of data and other Intellectual Property
2.1.1. We own Diabetes TeleCare brand name and Site, as well as all intellectual property rights contained on it, including without limitation the software on which it is based, any documentation regarding its use, all trademarks, text, page headers, graphics, video clips, illustrations, audios, information, data and the design and layout of the Site (collectively, the “Content”) are owned by Diabetes TeleCare or its third party licensors, affiliates, subsidiaries or distributors and are protected by intellectual property laws. You are not permitted to use the content available on the Website without our prior written permission.
2.2. Intellectual Property Licences
2.2.1. You may access and download the material on the Site where available. To the extent permitted by law, you may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968.
2.2.2. otherwise download, modify, copy, reproduce, republish, store, frame, upload, post, transmit, sell, lease, rent, sub-licence or disclose or distribute any part of this Site (or any content on it) in any way, except as otherwise expressly stated on the Site or with Diabetes TeleCare’s prior written consent;
2.1.2. tamper with any copyright notice, or tamper with or commercially use any trade mark, logo or names (including business names and domain names) appearing on the Site or in materials accessed via the Site (You must include Diabetes TeleCare’s copyright notice in any copies of the information obtained from the Site); or
2.1.3. re-engineer, create derive works from, reverse engineer, disassemble, or decompile any part of the Site,
2.1.4. Diabetes TeleCare reserves the right to access, maintain, delete or destroy all communications or information uploaded or stored within the Site at any time.
3. VISITORS AND REGISTERED USERS
3.1. As a visitor, you can view and browse through our Site without having to register first. However, in order to access specific materials and services offered by Diabetes TeleCare though this Site, you must register with us for an account. Registered Users can be Patients or Healthcare Providers.
3.3. We also reserve the right to refuse service, terminate accounts, or remove content in its sole discretion Notification of Unauthorized Use/Ceasing Access. You shall notify our Administration immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with us in every reasonable way to help us prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password.
4. INFORMED CONSENT
Telemedicine comes with several potential risks although we believe that the likelihood of materializing those risks is very low.
These may include;
- Delays in medical evaluation and consultation or treatment due to deficiencies or failures of the equipment which may include poor video and data quality.
- Failure of Security protocols, causing a breach of privacy of personal medical information.
- Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
By accepting these Terms and Conditions, you acknowledge that you understand and agree that you may expect the anticipated benefits from the use of telemedicine, but that no results can be guaranteed or assured.
5. EMERGENCY MEDICAL SITUATIONS
The Site is not intended for use in urgent or emergency medical situations. In such situations you should contact emergency services immediately. In Pakistan you can dial 1122.
- PRIVACY AND SECURITY
4.2. Your obligations include;
4.2.1 ensuring that you are using the most recent version of your operating system and software (including web browser) with the latest patches and updates applied;
4.1.2. when using secure areas of the Site, check that you are using a secure site by making sure the site address starts with “https” and looking for the padlock icon in your browser window;
4.1.3. ensuring that you have anti-virus software installed and working on your computer, and that your browser is configured to minimize the likelihood of your computer or privacy being affected by Harmful Code; and
4.1.5. if you are using a public or shared computer, ensure that you log out properly and close the browser window when you have finished.
5.1. Unless otherwise explicitly stated, the Diabetes TeleCare website is operated, to the maximum limit permitted by applicable law, on an “as is,” “as available,” and “where is” basis, without representations or warranties of any kind.
5.2. Without limiting the forgoing, Diabetes TeleCare disclaims any and all warranties against viruses, spyware or malware that may be installed on your computer.
5.3. Without limiting the forgoing, Diabetes TeleCare disclaims any and all warranties, express or implied, for any product or merchandise offered on this site.
5.4. Without limiting the foregoing, Diabetes TeleCare does not represent or warrant that the information on this website is authentic, true, complete, useful, timely or current.
5.5. Without limiting the foregoing, Diabetes TeleCare does not represent or warrant that this website will operate without interruption or error.
5.6. Without limiting the foregoing, Diabetes TeleCare disclaims any liability as to the accuracy or completeness of each item description provided by us, our licensors, suppliers or other users. Materials and Submissions have not been verified or authenticated in whole or in part by Diabetes TeleCare, and they may include inaccuracies or typographical or other errors.
5.7. Without limiting the foregoing, Diabetes TeleCare disclaims any and all warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on the Site (this website or any associated website produced by Diabetes TeleCare). Links to other sites are provided for reference and convenience only. You, yourself will be responsible for your decisions regarding your interactions or communications with any other website or what it all concludes to.
5.8. By continuing to use this site, you expressly agree that your use of the service and your reliance upon any of its contents is at your sole risk.
You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Our administration cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the service.
6. EXCLUSION OF LIABILITIES
This is a comprehensive limitation of liability that applies to all losses and damages of any kind.
6.1. Under no circumstances shall Diabetes TeleCare, our licensors or suppliers, or any third party who promotes the service or provides you with a link to the service be liable in any way for your use of the Site or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise).
6.2. We shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from this Site.
6.3. In no event shall Diabetes TeleCare be liable to you for any indirect, incidental, or consequential damages (including loss of data, revenue, profits, use or other financial advantage) however arising, even if Diabetes TeleCare knows that there is a possibility of such damage, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages, because we have enlisted a disclaimer for no warranties.
6.4. You acknowledge and agree that the Diabetes TeleCare service, being telemedicine-based, has certain inherent limitations as there is no physical examination or in-person consultation. In the event of any adverse event, faulty judgment, interpretation error, perception error, misdiagnosis, inefficacy of prescribed treatment, validity of the advice or prescription provided by the medical practitioner in your jurisdiction or unavailability of the recommended or prescribed treatment or medication, wearer not liable for the same, under any condition or circumstances, either in contract, law or equity.
6.5. As mentioned before, Diabetes TeleCare provides telemedicine services on an “as is” basis and we expressly disclaim all representations, warranties, indemnities or conditions of any kind.
6.6. In the event of any problem with the service or dissatisfaction with it or any of its content, or these Terms and Conditions, you agree that your sole and exclusive remedy is to cease using the service. You acknowledge and agree to all these Terms, by your use of this website, and admit that your use of the Site is at your sole risk.
6.7. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Diabetes TeleCare under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
Questions or Suggestions
If you have any questions about these Terms and Conditions of Use or otherwise need to contact Diabetes TeleCare for any reason, please contact us by clicking on the “Contact Us” button on the Website located at the URL https://diabetestelecare.org/home and following the instructions from there. You can also reach us at Karachi Central, Pakistan-74200 or call us at 03233004420.