Hailadoc Patient Terms of Use

Updated 9 December 2017.

Dear Patient,

You are participating in a telehealth service via Hailadoc's technology.

You must read and agree to the terms of use as set out below (where applicable), before using this service.

1. INFORMATION ABOUT US AND HOW TO CONTACT US.

1.1. Hailadoc Ltd a company registered in England and Wales Our company registration number is 09386394 and our registered office is at Flat 6, Coach House, 20 Rosecroft Avenue, London NW3 7QB. (“Hailadoc”, “we”, “us”, or “our”) operates the website located at www.hailadoc.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online telehealth services (the “Services”) enabling our members (“Members”) to report their health history and engage doctors (“Doctors”) to obtain medical and healthcare advice (“Medical Services”).

1.2. For technological queries, you can contact us by emailing contact@hailadoc.com

2. WHY YOU SHOULD READ THESE TERMS.

2.1. By registering to use the Services, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. Please read these terms carefully before you start to use the Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

3. PROVIDING THE SERVICE

3.1. We will supply the Services to you until you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.

4. NATURE OF THE HEALTHCARE SERVICES

4.1. All of the Doctors who deliver Medical Services through Hailadoc are registered with the General Medical Council (GMC) in the UK, the Malaysia Medical Council (MMC) in Malaysia or equivalent regulatory body in the country where the practice takes place.

4.2. Other health professionals may also use this service including organisational staff as part of your telehealth provision. They must also comply with the regulation from their professional bodies and the terms and conditions of their workplace. Therefore, they may also have access to your information, but limited to their confidentiality agreement.

4.3. Hailadoc does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or by Doctors, or other health professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Hailadoc nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Doctor via the Services.

5. SITE CONTENT

5.1. None of the Site content (other than information you receive from the health professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

6. ABOUT OUR SERVICES

6.1. Telehealth is the extension of the delivery of existing health care services by your Doctor or Health Provider to you as a patient using interactive audio and video technology, where the patient and the health professionals are not in the same physical location. During your telehealth consultation, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a visual examination through these technologies.

6.2. The telehealth Services you receive may be an extension of the care you already receive from the health provider. It could also be an initial consultation to a new medical problem or a consulattaion prior to a procedure.

6.3. Hailadoc is NOT for use in an EMERGENCY:
6.3.1. IF YOU THINK OR BELIEVE THAT YOUR CONDITION OR THE CONDITION OF THE PERSON YOU ARE ASSISTING REQUIRES EMERGENCY TREATMENT YOU SHOULD IMMEDIATELY CEASE YOUR ATTEMPT TO USE OR YOUR CURRENT USE OF HAILADOC AND DIAL 999 OR SEEK ALTERNATIVE APPROPRIATE EMERGENCY MEDICAL SERVICES SUCH AS GOING STRAIGHT TO THE NEAREST ACCIDENT & EMERGENCY.

6.4. Haliadoc is also not for use by you with anyone other than the health professional(s) who has / have subscribed to the Service.

7. RISKS OF USING THIS SERVICE

7.1. Among the benefits of our Services are improved access to Doctors and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

7.1.1. In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;

7.1.2. Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.

7.1.3. In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;

7.1.4. Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information

7.2. Hailadoc devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

7.3. By registering to use the Service, you acknowledge that you understand and agree with the following:

7.3.1. You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.

7.3.2. You understand that the laws that protect the privacy and security of health information apply to telehealth, and have read and understood Hailadoc’s Privacy Notice, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and/or their supervisees through a secure, encrypted video interface and electronic health record.

7.3.3. If you use this in the private sector, if your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.

7.3.4. Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.

7.4. You can send messages to your Treating Provider by contacting them directly through the information you receive from them.

7.5 For technological queries, please contact Hailadoc Customer Support at contact@hailadoc.com. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately.

7.6 If you are experiencing a medical emergency, you should call 999 or go to the nearest emergency room.

8. YOUR RIGHT TO END THE CONTRACT

8.1. You have a legal right to change your mind if you no longer wish to use the Services. If you use this in the private sector, this right applies for up to 14 days after we have emailed you to confirm your registration for the Service. If during this time you have a consultation with a Doctor you must pay us for the Services provided up until the time you tell us that you have changed your mind.

8.2. You can also end the contract because of something we have done or are going to do for example if we have told you about an upcoming change to the Services or these terms which you do not agree to, or if we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months. If this happens (in the private sector), the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.

8.3. You may also deactivate your Account and end your registration at any time, for no specific reason.

8.4. If this happens subject to applicable law, Hailadoc reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Hailadoc will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or health professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

8.5. To end the contract you must tell us by doing one of the following:

8.5.1. Email: Email us at contact@hailadoc.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.5.2. Cancel your Service in the App: Cancel the service by clicking on the appropriate cancellation button on your mobile application.

9. OUR RIGHT TO END THE CONTRACT

9.1. Hailadoc may suspend or terminate your use of the Services, your Account and/or registration for any reason at any time.

9.2. Hailadoc may also suspend or terminate your use of the Services if you break the contract by failing to comply with these Terms and Conditions of Use.

9.3. In the private sector, you must compensate us if you break the contract. You must pay us reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10. PRIVACY

10.1. Hailadoc is required to comply with the Data Protection Act (DPA) 1998 and is registered as a 'data controller' with the Information Commissioner’s Office. Additionally, the information you provide to your Treating Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Notice. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy and health information Privacy Notice. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Hailadoc or your Treating Provider. Hailadoc cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Amazon Web Servers.

11. USER ACCOUNTS

11.1. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Hailadoc (collectively “Account Information”). To create an Account, you must be aged 18 or over. If you are not aged 18 or over, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Hailadoc reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. You may not use anyone else’s account at any time.

12. USE OF THE SERVICES BY CHILDREN

12.1. The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

13. ACCESS RIGHTS

13.1. We grant to you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”).

13.2. We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason.

13.3. You agree that you will not, and will not attempt to:

13.3.1. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

13.3.2. use the Site or Services to violate any local, national or international law;

13.3.3. reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services;

13.3.4. distribute viruses or other harmful computer code through the Site; or

13.3.5. otherwise use the Services or Site in any manner that exceeds the scope of use granted above.

13.4. In addition, you agree to refrain from abusive language when communicating with health professionals through the Site and to refrain from contacting them for telehealth services outside of the Site Hailadoc is not responsible for any interactions with health professionals that are not conducted through the Site.

13.5. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

14. FEES AND PURCHASE TERMS (For Private Practice)

14.1. You agree to pay all fees or charges levied by your doctor for a consultation using our Service to your Account. By providing Hailadoc with your credit card number or PayPal account and associated payment information, you agree that Hailadoc is authorized to immediately charge your account for all fees and charges due and payable to your doctor and that no additional notice or consent is required. We may also suspend your access to the Services if you do not pay. If you do not pay for the Services when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend your access to the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice.

15. WEBSITE LINKS

15.1. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.

16. OWNERSHIP

16.1. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Hailadoc, its licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

17. TRADEMARKS

17.1. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Hailadoc or other entities. You are not authorized to use any such Marks without the express written permission of Hailadoc. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

18. RIGHT TO MODIFY

18.1. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

19. THE NATURE OF THE SERVICES

19.1. You acknowledge and agree that Hailadoc does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party doctors that have existing relationships with the patient. You acknowledge and agree that the Doctors using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Doctors, in their sole discretion, as they deem appropriate.

20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

20.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in providing the Services, but we are not responsible for any loss or damage that is not foreseeable.

21. GEOGRAPHICAL RESTRICTIONS

21.1. Hailadoc makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United Kingdom.

22. ABOUT THE DOCTORS THAT USE THE SERVICE

22.1. All doctors on the Site hold a licence to practice and are registered with the relevant regulatory body in the country where the practice takes place. For example, the General Medical Council (GMC) in the UK, the Malaysia Medical Council (MMC) in Malaysia or equivalent registration from individual countries. You can report a complaint relating to services provided by a Treating Provider by contacting the the relevant regulatory body of that country.

22.2. For example, you can find the contact information for the GMC at: http://www.gmc-uk.org/about/contacts.asp

23. OTHER IMPORTANT TERMS

23.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

23.2. Which laws apply to this contract and where you may bring proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

23.3. What registering to use this Service means. You understand that by registering to use the Service by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature.

23.4. How we may contact you about the Services. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, or (2) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by cancelling or discontinuing your use of the Service.

23.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

23.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.