These terms and conditions and the privacy policy together constitute a legal agreement (Agreement) between (iHakeem), and you, we mean by you, a) Healthcare Provider (HCP) - as individual, and if applicable on behalf of the entity you are legally representing or for whom you are using this application collectively - and b) The Healthcare Receiver (HCR) of the application.
Please carefully go through these terms and conditions and the privacy policy available on iHakeem (Virtual Health care platform) before you decide to access the application or use the services made available on the application by iHakeem.
This agreement, terms and conditions and privacy policy are obligatory to you and by accepting them you will be under the provisions of Law No. 20/2014 for electronic transactions and all related laws, and your acceptance will be handled as an electronic signature saved and recorded in our electronic system.
This Agreement defines the terms and conditions under which you are allowed to use iHakeem and describe the manner in which we shall treat your account, information and feed while you are registered as a member with us
In this Agreement, the following words shall, unless otherwise expressly stated or the context otherwise requires, have the following meanings:
iHakeem: Online platform that connects people’s Health Care needs with the Health Care services providers.
Health Care Provider (HCP): Every platform user that provides a service to other users, example: Doctors, Practitioners, Lab Technicians, Labs, Pharmacies.
Health Care Receiver (HCR): All people who use the platform and register to receive Health Care services.
Users: All HCP & HCR registered on the platform.
Telemedicine: The process of providing Medical/Health advice virtually, through voice & video call and texted messaging.
Telemedicine Appointments: The time slots available on the HCP Schedule for Telemedicine in a given period of time.
Clinic Visit Appointment: The time slots available on HCP Schedule for clinic visits. Registration: The process of collecting and validating information from new users.
Payment & Settlement: The process of collecting payments from HCR, issuing payments to HCP, and collecting iHakeem fees.
Bank Account: Is an account that belongs to the HCP, or the HCR which was registered in the application or provided to iHakeem projects management Co.
By downloading or accessing the application to use the services you irrevocably accept all the terms and conditions stipulated in this agreement, and the privacy policy as available on (iHakeem) and agree to abide by them.
You acknowledge that you will be bound by this agreement for using any of the services offered by us, if you don’t agree with any part of the agreement, please don’t use the application or use any service.
You must be 18 years of age or older to register to use the services, or visit or use the application in any manner.
This agreement is published in compliance with, and is governed by the provisions of the Kuwaiti Laws.
(iHakeem) is not a medical service provider nor is it involved in providing any health care or medical advice or diagnosis .it shall hence not be responsible and owns no liability to either Healthcare Receivers (HCR) or Healthcare Providers (HCP) for any outcome from the consultation between the Healthcare Receiver (HCR) and the Healthcare Provider (HCP).
The Agreement applies to you whether you are:
A Healthcare Provider (HCP) (whether an individual professional or an organization) or similar institution wishing to be listed or already listed on the application.
A Healthcare receiver, or his/ her representatives or affiliates searching for Healthcare Providers (HCP) through the application.
Otherwise a Healthcare Receiver (HCR) from the application.
This Agreement applies to those services made available by (iHakeem) on the application, which are offered free of charge to the Healthcare Receivers (HCR) including the following:
For Healthcare Providers (HCP), listing of Healthcare Providers (HCP) and their profiles and contact details to be made available to the other Healthcare Receivers (HCR) and visitors of the application.
For other Healthcare Receivers (HCR) to create and maintain health accounts, search for Healthcare Providers (HCP) by name, specialty, date and time, or any other criteria that may be developed and made available by (iHakeem).
(iHakeem) Enables Healthcare Receivers (HCR) to connect with Healthcare Providers (HCP) through two methods:
Book facility that allow Healthcare Receivers (HCR) to book a clinic appointment through the platform.
Book facility that allow Healthcare Receivers (HCR) to book a telemedicine appointment through the platform (Tele & Chat Appointments).
(iHakeem) will ensure Healthcare Receivers (HCR) are provided with a notification for confirmed appointments on the book facility however; (iHakeem) has no liability if such an appointment is later canceled by the Healthcare Provider (HCP).
These services, agreement, terms and conditions may change from time to time at the sole discretion of (iHakeem), we will notify you about the amendments, by accepting this agreement you accept all amendments to be made by (iHakeem) at any given point of time, if have any concerns about these amendments before implementing them you should right to us within 5 days of our notice to you, and the amended agreement will apply to your visit to, and your use of the application to use the services, as
well as to all necessary information you are obligated to provide on the application at any given point of time.
We reserve the right to modify or terminate any portion of the agreement for any reason and at any time and such modification or termination shall be informed to you in writing before implementing it so, you should read the agreement at regular intervals, you have the right to contact (iHakeem) in writing with any notes in this regard.
Without prejudice to the generality of the above (iHakeem) is not involved in providing any health care or medical diagnosis and hence is not responsible for any interactions between Healthcare Receiver (HCR) and the Healthcare Provider (HCP).
Healthcare Receiver (HCR) understands and agrees that (iHakeem) will not be liable for:
Healthcare Receiver (HCR) interactions and associated issues that Healthcare Receiver (HCR) has with the Healthcare Provider (HCP).
The liability or intent of the Healthcare Provider (HCP) or lack of it in fulfilling their obligations towards Healthcare Receivers (HCR).
Any wrong medication or quality of treatment that is being given by the Healthcare Provider (HCP) or any medical negligence on part of the Healthcare Provider (HCP).
Inappropriate treatment or similar difficulties or any kind of inconvenience suffered by the Healthcare Receiver (HCR) due to a failure on the part of the Healthcare Provider (HCP) to provide agreed services.
Any misconduct or inappropriate behavior by the Healthcare Provider (HCP) or his staff.
Cancellation or not showing by the Healthcare Provider (HCP) or rescheduling of booked appointment or any variation in the fees charged.
The Healthcare Provider (HCP) understands and agrees that (iHakeem) shall at its sole discretion at any time be entitled to; show other Healthcare Providers (HCP) available for consultation.
The Healthcare Provider (HCP) shall at all times ensure that all the applicable laws that govern the Healthcare Providers (HCP) shall be followed and utmost care shall be taken in terms of the consultation being rendered.
The Healthcare Provider (HCP) acknowledges that should (iHakeem) find the Healthcare Provider (HCP) to be in violation of any of the applicable laws /rules/regulations and guidelines set out by the authorities then (iHakeem) shall be entitled to cancel the consultation with such Healthcare Provider (HCP) or take such other legal action as may be required.
It is further understood by the Healthcare Provider (HCP) that the information that is disclosed by the Healthcare Receiver (HCR) at the time of consultation is personal information and is subject to all applicable privacy laws and shall be confidential in nature and subject to Healthcare Receiver (HCR) and Healthcare Provider (HCP) privilege.
It shall be the responsibility of the Healthcare Provider (HCP) to ensure that the information provided by the Healthcare Receiver (HCR) is accurate and not incomplete and understand that (iHakeem) shall not be liable
for any errors in the information included in any communication between the Healthcare Provider (HCP) and the Healthcare Receiver (HCR).
Healthcare Receivers (HCR) are allowed to provide feedback about their experience with the Healthcare Provider (HCP); however, the Healthcare Receiver (HCR) shall ensure that the same is provided in accordance with (iHakeem) guidelines and the applicable law.
The Healthcare Receiver (HCR) shall indemnify and hold harmless (iHakeem) and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings penalties, damages, loss, liability action costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of application by the Healthcare Receiver (HCR), by breach of the terms or violation of any laws, rules or regulations by the Healthcare Receiver (HCR) or due to such other actions ,omission of any commission from the Healthcare Receiver (HCR).
The Healthcare Provider (HCP) shall indemnify and hold harmless (iHakeem) and its affiliates, subsidiaries, directors, officers, employees and agents from and against all claims ,proceedings, penalties, damages, loss liability, actions and costs and expenses ( including but not limited to court and
attorney fees ) arising due to the service provided by the Healthcare Provider (HCP) ,violation of any law rules or regulations by the Healthcare Provider (HCP) or due to such other actions ,omission of any commissions from the Healthcare Provider (HCP).
In case that the Healthcare Receiver (HCR) Cancels the paid appointment before 48 hours shall be entitled to a full refund.
In case Healthcare Provider (HCP) cancels the paid appointment for any reason, Healthcare Receiver (HCR) shall be entitled to a full refund.
In case that Healthcare Receiver (HCR) didn’t show up at the concerned HCP clinic or Canceled the paid appointment within 48 hours, there shall be NO REFUND for Healthcare Receiver (HCR), Healthcare Receiver (HCR) shall bear all transfer fees and any other amounts and fees that occur.
In case the cancelation was made by the Healthcare Receiver (HCR) for 3 times, Healthcare Receiver (HCR) account will be disabled temporarily from booking further online appointments for next 72 hours.
The services provided are not intended to be a substitute for getting in touch with an emergency Healthcare Provider (HCP).
Consult is intended for general purposes only and is not meant to be used in emergency/serious illness requiring physical consultation.
The Healthcare Receivers (HCR) agree to use advice from Healthcare Providers (HCP) on the application pursuant to:
An ongoing treatment with their medical Healthcare Provider (HCP).
A condition which does not require emergency treatment, physical examination or medical attention.
Medical history available as records with the Healthcare Provider (HCP) for reference.
A record of physical examination and a report thereof with the Healthcare Provider (HCP), generated through their local medical Healthcare Provider (HCP).
e. Consultation with their medical Healthcare Provider (HCP) before abandoning or modifying their ongoing treatment.
The Healthcare Receiver (HCR) agrees that by using consult, the Healthcare Provider (HCP) on consult will not be conducting physical examination of the Healthcare Receivers (HCR), hence they may not have or able to derive important information that is usually obtained through physical examination.
Healthcare Receiver (HCR) acknowledges and agrees that Healthcare Receiver (HCR) is aware of this limitation and agrees to assume the complete risk of this limitation.
The Healthcare Receiver (HCR) understands that consult shall not form a substitute for treatment that otherwise needed physical examination/immediate consultation.
If a Healthcare Receiver (HCR) decides to engage with a Healthcare Provider (HCP) to procure medical services or engages in communication, exchange of money for services outside of consult platform, Healthcare Receiver (HCR) shall do so at their own risk; (iHakeem) shall not be responsible for any breach of services deficiency by any Healthcare Provider (HCP).
Healthcare Receiver (HCR) agrees not to post any comments which are defamatory, obscene, objectionable. (iHakeem) reserves the right to remove any comments which it may determine at its own discretion to violate these terms and conditions or be violative of any law or statute in
force at the time. Healthcare Receiver (HCR) agrees to absolve (iHakeem) against all claims that may arise as a result of any legal claim arising from the nature of comments posted by users on (iHakeem) health feed. If Healthcare Receiver (HCR) breaches the aforementioned clause (iHakeem) will have to suspend his account and disabled his comments and reviews and as a final step we will not hesitate to take any legal actions for the sake of our platform directly or indirectly.
(iHakeem) will not be held responsible and shall not be liable for, any damage to, loss of power, loss of connection with the application or online consultation with the Healthcare Provider (HCP) for technical reasons related to the Healthcare Receivers (HCR) and/or Healthcare Providers (HCP) or viruses that may infect Healthcare Receivers (HCR) and/or Healthcare Providers (HCP) devices while accessing, using of, or browsing the application or downloading any material, data, text images, video content or audio content from the application, it is the obligation of Healthcare Providers (HCP) and Healthcare Receivers (HCR) and on their own cost to provide and maintain all connection of power, mobile, communications and data in full.
We may have to terminate your access to the application if:
We are required to do so by law, for example where the access to or provision of the application to you becomes unlawful.
The third party if any, with whom we offered the application to you has terminated its relationship with us or ceased to offer the related services to us or to you.
The provision of the application to you, is no longer commercially available or feasible for us or
You are a repeat infringer of this agreement.
We may terminate this agreement at any time, with or without notice and may procure disabling your access to the application and/or barring you from any future use of the application.
If you are not a Healthcare Provider (HCP) You may terminate this agreement at any time by terminating your access to the application however your certain obligations under this agreement shall continue to prevail even on such termination.
When this agreement comes to an end, all of the legal rights, obligations and liabilities that you and (iHakeem) have benefited from been subject to (or which have occurred over time whilst the agreement has been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation and shall continue to apply to such rights, obligations indefinitely.
The content of (iHakeem) application is not a guarantee of outcome results, so (iHakeem) is not responsible for errors or omissions in reporting or explanation. No individuals including those under active care should use the information, resources or tools contained within self-diagnosis or self-treat in any health treated condition.
(iHakeem) gives no assurance or warranty regarding the accuracy, timeliness or applicability or the content.
(iHakeem) is not intended as a medical advisor or as a substitute for Healthcare Provider (HCP).
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