CLOUDCLINIK TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY AND THOROUGHLY BEFORE USING THIS WEBSITE OR CLOUDCLINIK.
These Terms & Conditions of Use (the "Terms") govern the terms and conditions of your use of this website (the "Website") and the system of CloudClinik ("CloudClinik"), which includes all software, applications and programs used in the Website for providing medical solutions to you (the "Software") and all services in connection with any or all of the above (the "Services").
If you are a visitor to this Website, and have not purchased CloudClinik or are not the recipient of our Services, the provisions of the Terms shall apply to the extent of the use of the Website only.
Your use of this Website and CloudClinik creates a binding and legally-enforceable contract between yourself and INFOGISTIC (Pvt.) Ltd. ("INFOGISTIC"), which is the developer and owner of CloudClinik. By accessing the Website and CloudClinik, you acknowledge that you have read, understand and accept the Terms. If you do not understand or accept any of the Terms or do not wish to be legally bound by them, you should discontinue use of this Website and CloudClinik immediately.
1. No Medical Advice or Emergency Use
1.1 It is expressly understood and agreed by you that this Website and CloudClinik are not meant for medical advice, diagnosis or treatment and nor for emergency medical situations and use and, in such cases, you should immediately contact emergency medical services or a qualified and licensed medical practitioner.
1.2 The contents of the Website and CloudClinik, such as text, graphics, images, information and other material contained on the Website (the "Content") are for information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment nor emergency medical care or services. Always seek the advice of a qualified and licensed medical practitioner with any questions you may have regarding any medical condition that you may suffer from. You are strongly advised not to disregard or delay in seeking professional medical advice because of something that you may read or see on the Website or CloudClinik.
1.3 If you think you may have a medical emergency, call emergency medical services or a qualified medical practitioner immediately. INFOGISTIC, the Website or CloudClinik do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by or through the Website or CloudClinik is solely at your own risk.
1.4 The Website may contain health- or medical-related materials that are sexually explicit. If you find such materials offensive, you are advised not to use the Website. The Website and the Content available through it are provided on an "as is" basis.
2. Children's Privacy
INFOGISTIC is committed to the safety and privacy of children. This Website and CloudClinik is not intended or designed to attract or be used by children under the age of 18 years. We do not seek or collect information or data from any person who, to our knowledge, is a child under the age of 18 years. If you are under 18 years of age, please discontinue use of the Website and CloudClinik immediately.
3.1 The use of the Website and CloudClinik is at your own risk.
3.2 While INFOGISTIC attempts to provide accurate information on the Website or CloudClinik, it assumes no responsibility or liability for any inaccuracy. Information may include technical inaccuracies or typographical errors. INFOGISTIC may change or alter the information and/or materials available or the products and/or services mentioned on or through the Website or CloudClinik, at anytime and without prior notice. INFOGISTIC does not warrant that the electronic functions contained in or on the Website or CloudClinik will be uninterrupted or error free, that defects will be corrected, of that the Website or CloudClinik, or the server that makes it available, are free of viruses or bugs or represents full functionality, accuracy or reliability of the information available through the Website or CloudClinik.
3.3 INFOGISTIC remains committed to protecting the integrity and privacy of your data. However, INFOGISTIC shall not be liable for any unauthorized access or use of your information or any other negative consequence despite its best efforts to avoid the same.
3.4 The Website, CloudClinik, the Software, Services, the Content and all information and/or material contained therein, provided therewith, available on or accessed through it are provided on "as is" and "as available" basis only, without warranty of any kind. INFOGISTIC disclaims, to the fullest extent permitted by law, all warranties, either express or implied, statutory or otherwise, conditions, representations, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, accuracy, reliability, timeliness, completeness, adequacy, currentness and non-infringement of third party rights. Except where prohibited by law, this disclaimer also includes any expressed or implied warranties arising from any course of dealing, usage, or trade practice.
3.5 INFOGISTIC does not warrant that the Software and Services will meet the requirements of any person and shall be uninterrupted or error-free. You are solely responsible for any and all acts or omissions taken or made in reliance on the Software and Services or the information contained therein, including inaccurate or incomplete information. Without limiting the foregoing, INFOGISTIC and its associates do not warrant the quality, accuracy, or suitability of information provided through CloudClinik.
3.6 You are advised to conduct your independent due diligence of any information made available to you through CloudClinik. You further understand that any information that you rely on while using CloudClinik is at your own risk and INFOGISTIC does not claim to have checked the accuracy, veracity, currency or validity of any content provided by or through CloudClinik.
3.7 When using the Website or CloudClinik, information may be transmitted over a medium that is beyond the control and jurisdiction of INFOGISTIC. Accordingly, INFOGISTIC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with use of the Website or CloudClinik.
3.8 Under no circumstances shall INFOGISTIC be liable for any damages including, without limitation, direct or indirect, incidental or consequential, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption or from the use of or inability to use the Website or CloudClinik, whether based on warranty, contract, tort, or any other legal theory. INFOGISTIC shall not be liable for any personal injury, including death, caused by your use or misuse of the Website or CloudClinik.
4. Information & Data Submission
4.2 By uploading information or data to the Website or CloudClinik, (a) you automatically grant to INFOGISTIC a perpetual, non-exclusive, irrevocable, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, create derivative works from, edit, translate, perform and distribute your information in any media or medium, or any form, format, or forum now known or hereafter developed; (b) you warrant that you have full legal authority to upload such information; (c) you warrant that your upload is not in violation of any law, intellectual property, third party rights, or any judgment, order or contractual commitment binding upon yourself; (d) you warrant that your upload does not infringe or violate the rights of any party and is non-confidential for all intents and purposes; (e) you agree to indemnify INFOGISTIC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your information and/or your failure to comply with the Terms.
4.3 You shall be exclusively responsible and liable for any information or services you provide as a user of CloudClinik and/or the Website. INFOGISTIC disclaims all responsibility with respect to the completeness, accuracy, veracity or availability of any information provided in CloudClinik, including, without limitation, information regarding patient and doctor data, qualifications and schedules.
4.4 If you are a patient, you should access information regarding medical staff at your own risk and shall verify this information from other sources. While using CloudClinik, you agree to provide accurate and true information regarding your medical condition, prior illnesses and other information as may be required.
4.5 If you are a medical consultant, you agree to provide accurate and true information regarding your qualifications, expertise, availability and other information as may be required during your use of CloudClinik.
4.6 You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, the Website or CloudClinik.
4.7 You are responsible for implementing sufficient procedures, checkpoints and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction or recovery of lost data.
You are responsible for taking all reasonable steps to ensure that no unauthorized person has or gains access to your CloudClinik password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your login name(s) and password(s); (2) authorize, monitor, and control access to and use of your CloudClinik account and password; (3) promptly inform INFOGISTIC/CloudClinik if you believe your account or password has been compromised or if there is any other reason you need to deactivate your account(s). To send us an email, use the "Contact Us" link located on the Website. INFOGISTIC/CloudClinik cannot and do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using CloudClinik.
6. License and Use of CloudClinik
6.1 Upon your purchase of CloudClinik and the assignment of a User ID and Password to you, INFOGISTIC grants to you, and you hereby accept, a non-exclusive, non-transferrable and limited license (the "License") to use CloudClinik and the Services only in your internal medical facility or for your own personal use, as the case may be. Your use of CloudClinik shall be limited to in-house medical services in the ordinary course of business.
6.2 You shall not, in any circumstances (i) sell, transfer, sub-license or lease any or all of the Software or Services, (ii) copy, reverse-engineer, decompile or disassemble the Software or Services, (iii) modify, alter, integrate, add value to, combine the Software or Services or associated software with any other software or services, without the prior consent of INFOGISTIC.
6.3 The License hereby granted to you is for your sole and exclusive use. You are not permitted to share your User ID or Password to use CloudClinik with a third party. You may, at your own risk, permit your employees or other members of your medical facility to access and use CloudClinik, only for the management of your medical facility. You shall, however, ensure that such employees or co-workers are and remain bound, at all times by the Terms as you are. You shall ensure that access to CloudClinik is limited to your medical facility for the protection of your data.
6.4 You shall set up the necessary hardware and systems for hosting and access to CloudClinik at your own cost and shall ensure an uninterrupted internet connection for optimal use of CloudClinik. You shall not use the Services for any action that may cause harm to any person or entity and shall ensure adequate treatment of your patients.
6.5 You shall use this Website, CloudClinik and/or our Services in compliance with:
- (i) your obligations under any contract(s)/agreement(s) with third parties;
- (ii) any judgment, decree or writ binding upon yourself;
- (iii) all laws, rules and regulations of your jurisdiction, including laws pertaining to confidentiality, privacy and security of patient data;
- (iv) best practices and professional code of conduct.
6.6 You shall NOT use this Website, CloudClinik and/or our Services:
- (i) for any fraudulent, harmful, malicious or unlawful activity;
- (ii) to upload information or make claims that may be misleading to current or prospective patients or third parties;
- (iii) to disseminate any political, religious or ideological messages or information;
- (iv) in an abusive manner, by gaining unauthorized access to the same or by altering or affecting the Software;
- (v) to advertise yourself by damaging the reputation of your professional competitors.
7. License Term and Termination
7.1 Your License term (the "Term") shall be effective from the date of your registration with CloudClinik and the commencement of the Services, whichever is later. You may apply to INFOGISTIC to renew your License for an additional term thirty (30) days prior to the expiry thereof.
7.3 INFOGISTIC may suspend or terminate its Services:
- (a) if there has been a breach of the Terms by you;
- (b) to comply with any government or court order;
- (c) to comply with any legal provision requiring the same;
- (d) if any criminal proceedings have been commenced against you;
- (e) if you become insolvent or become party to insolvency proceedings.
7.4 INFOGISTIC may, in rare cases, be required to suspend its Services temporarily for the maintenance and upgradation of CloudClinik and the Website. While this suspension may be undesirable for you, INFOGISTIC will try its best to avoid this outcome and it will do so only when it is absolutely necessary and in the best interests of its valued customers.
7.5 Upon termination of the License, all amounts payable by you under the Terms or otherwise, to INFOGISTIC shall become payable by you forthwith. Furthermore, you shall (i) return and deliver to INFOGISTIC all documents coming into your possession as a part of the Services; (ii) discontinue use of CloudClinik and destroy copies of CloudClinik and/or Software; (iii) immediately notify your employees, associates and coworkers of the termination and ensure their compliance with this Clause; and (iv) in the event of termination for any default or breach, pay to INFOGISTIC all damages, additional costs, legal expenses, and including reasonable attorney and expert fees.
8. Limited Liability
Neither INFOGISTIC nor any of its holdings, affiliates, subsidiaries, associated companies, or their respective shareholders, directors, executives, employees or other representatives, shall be liable or responsible for any direct, indirect, special, incidental, punitive and/or consequential damages arising out of the use, or the inability to use, access to, or reliance upon the information and/or materials on the Website or CloudClinik, in whole or in part, under any circumstances. This limitation of liability includes, but is not limited to, loss of data, loss of revenues, loss of savings, loss of business, loss of reputation, loss of profits and/or any economic loss in connection with the furnishing, performance, or use or inability to use the Website or CloudClinik or reliance on the information and/or materials contained in the Website or CloudClinik; even if INFOGISTIC is advised of the possibility of such damages.
By accessing this Website and/or using CloudClinik, you agree to defend and indemnity INFOGISTIC, its affiliates, directors, officers, employees agents, licensors and suppliers and hold them harmless from and against all or any consequences, actions, claims, losses, liabilities, demands and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, or arising out of, or alleged to arise out of:
- (i) your breach or violation of any of the Terms;
- (ii) your misuse of the Website or CloudClinik;
- (iii) the actions of any person using the User ID and password assigned to you for CloudClinik;
- (iv) any inaccurate or erroneous diagnosis or other medical advice given by you pursuant to your use of CloudClinik;
- (v) any misrepresentations made by you while using CloudClinik;
- (vi) any failure by you to attend your appointments, meet your deadlines or work according to the schedule provided by you while using CloudClinik;
- (vii) any incorrect description of your medical condition provided by you while using CloudClinik;
- (viii) any medical malpractice or professional negligence on your part;
- (ix) any violation of any applicable laws, rules, regulations and code of conduct whether knowingly or otherwise, while using CloudClinik.
10. Intellectual Property Rights
10.1 Save as otherwise stated, all intellectual property in CloudClinik, the Website, the Software and the Services, whether in trademarks, copyrights, patents, designs, methods, secrets, source codes, or otherwise, whether registered or unregistered, shall vest in and is the sole and exclusive property of INFOGISTIC (the "Intellectual Property"). This Intellectual Property also includes but is not limited to:
- (i) the "CloudClinik" name and logo;
- (ii) all text, images, artwork and graphics on the Website or CloudClinik, including its layout and design of the CloudClinik application;
- (iii) all copyrights in the Software.
10.2 You may only use this Intellectual Property in a manner expressly permitted by INFOGISTIC. Your purchase of CloudClinik or otherwise receipt of the Services does not give you the right to copy, modify, distribute, reproduce, broadcast, publish, sell, license or derive the source code of any or all of the Intellectual Property. You may only make one copy of the Intellectual Property for internal backup purposes only.
10.3 You shall protect the Intellectual Property from misuse and unauthorized access from your systems. You shall ensure that your employees, associates, coworkers, partners and staff are bound by these provisions. You hereby agree to indemnify INFOGISTIC from any violation of the provisions of this Notice.
10.4 In the event that you suspect a breach of the Intellectual Property rights of INFOGISTIC by a third party, you shall promptly notify INFOGISTIC of such breach, and shall provide all reasonable assistance in INFOGISTIC's attempts to take all legal measures necessary to protect its Intellectual Property.
10.5The Content is protected by national copyright law and international copyright conventions. Any use of the Content not expressly permitted by the Terms shall be considered a breach of the Terms.
10.6 If you violate or breach any of the Terms, your permission to use CloudClinik and the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
10.7 All rights not expressly granted herein or by the License are reserved by INFOGISTIC.
10.8 This Clause shall survive the termination of the License.
11. Product Availability
The availability of the products and services described on the Website, and the descriptions of such products and services, may vary from country to country. Consult with your INFOGISTIC sales representative for specific product and/or service information.
12. Links to Third-Party Resources
Any hyperlink to any third party source or resource on the Website is provided for your convenience and ease of reference only. INFOGISTIC does not necessarily recommend, endorse or approve, and is not responsible or liable for, any third-party content that may be accessed through any hyperlink on the Website.
13. Independent Contractors
Nothing in the Terms shall be construed to create a relationship of agency, partnership, joint venture or other formal business entity or fiduciary relationship between the Parties.
14. Entire Understanding
The Terms constitute the complete agreement and sets out the entire understanding concerning the arrangement between the Parties on the subject matter hereof and shall, as of the effective date hereof, supersede all prior agreement(s) or understanding(s) between the Parties as well as all other communications, representations, promises, proposals, oral or written, negotiations, conversations, or discussions between or among the Parties relating to the subject matter of the Terms.
Any notice required to be served under the Terms shall be deemed to have been served if either delivered through registered post or courier service at the respective addresses of the Parties provided and in such a case it shall be deemed (whether it is actually or not) to have been received at the time when such registered post or courier would, in the normal and ordinary course, be delivered to the Party to be served.
16.1 If any dispute arises between you and INFOGISTIC (the "Parties") arising from or out of the Terms and/or your use of CloudClinik and the receipt of the Services, the Parties shall endeavour to settle the dispute through negotiation. The period within which negotiations are to be allowed, held and concluded shall not be more than thirty (30) days. If negotiations fail, the Parties shall proceed to mediation which shall be allowed, held and concluded shall not be more than an additional thirty (30) days. The Parties may, by mutual agreement in writing, waive the timelines permitted under this Clause, or vary their lengths.
16.2 If the Parties are unable to settle the dispute or difference by negotiation or mediation and the timelines provided in Clause 16.1 above lapse, then such dispute or difference shall be referred to arbitration within thirty (30) days from the receipt of a written notice by either Party demanding arbitration.
16.3 You and INFOGISTIC shall appoint one arbitrator each. In case the arbitrators are unable to reach agreement on the award, they shall refer the matter to an umpire to be mutually appointed by them, who shall rule on the award. The Parties shall share the costs of the arbitration equally, unless otherwise stated in the arbitration award.
16.4 The arbitration hearings/proceedings shall be conducted under Pakistan's Arbitration Act, 1940 (or any reenactment thereof) at Lahore, Pakistan and shall be concluded within sixty (60) days from the date of appointment of the arbitrator. For the purposes of enforcement of the arbitral award or any dispute in relation to the arbitration, the Legal Seat shall be Lahore, Pakistan.
16.5 The arbitrators (or the umpire) shall have authority to award any remedy or relief that a civil court in Lahore, Pakistan could grant in conformity to applicable law, except that the arbitrator shall have no authority to award lawyers' fees or punitive damages.
16.6 All arbitration proceedings shall be confidential. Judgment upon the award rendered by the arbitrators (or umpire) may be entered in any court in Lahore, Pakistan with jurisdiction.
16.7 The arbitration mechanism provided in this Agreement shall not prevent any Party from obtaining any temporary injunctive or other equitable relief from a court of competent jurisdiction. For such purpose, both Parties hereby consent to the jurisdiction of a Court in Lahore, Pakistan with jurisdiction.
INFOGISTIC/CloudClinik may, at its sole discretion, at any time and without prior notice:
- (i) change, alter, revise, modify, amend or update any or all of the Terms;
- (ii) change the nature of its Services; and
- (iii) make amendments to the CloudClinik application
without any liability upon itself, provided that this provision may not prevent INFOGISTIC from notifying you of any such changes for your convenience.
Your continued usage of the Website and/or CloudClinik will be construed to mean that you accept such changes.
18. No Waiver
Any failure or delay by INFOGISTIC to exercise, enforce or demand its rights or remedies under the Terms at any time for any period or to insist upon the strict performance of any Terms, or the waiver of any breach of any of the Terms, shall not operate or be construed as a waiver or relinquishment of the INFOGISTIC's right to enforce strict performance thereof, and the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No single or partial exercise or enforcement by INFOGISTIC of any right or remedy under the Terms or the law shall preclude any other or future exercise or enforcement of any right or remedy by such party under the Terms or the law. INFOGISTIC may at any later time demand strict and complete performance by you of the Terms.