This is our CURRENT policy and was Last Revised on the 23/07/2018.
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN Medicalchain.com Limited (“Medicalchain”, “WE” OR “US”) AND “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL WWW.MYCLINIC.COM (AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.MYCLINIC.COM POWERED BY MEDICALCHAIN, ITS SUBSIDIARIES AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT MEDICALCHAIN PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”) WEB PLATFORM. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
What We Do
Our Services are provided through the site (which may include mobile applications), which is a tele-health online solution that allows participating Medical Professionals (“Healthcare Providers” or “Providers”) to communicate with their clients and patients (“Patients”) to provide healthcare services online and perform virtual house calls Via A Secure Internet Connection (The “Services”). We are not a medical service provider, health insurance company, or licensed to sell health insurance.
USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 999 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
To the extent medical advice is provided to you by a Healthcare Provider through the services, such medical advice is based on your personal health data as provided by you to the Healthcare Provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your Healthcare Provider is not under the control of Medicalchain, nor is it provided to or used by Medicalchain.
Medicalchain can change, update, or add or remove provisions of these terms, at any time by posting the updated terms on this site and by providing a notice on the site. By using this site after Medicalchain has updated the terms, you are agreeing to all the updated terms; if you do not agree with any of the updated terms, you must stop using the site.
Medicalchain may make changes to the site or to the services at any time, without notice. If you object to any changes to the site or services, your sole recourse will be to cease using them. Continued use of the site or services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the services as so modified. We reserve the right to discontinue the site and/or services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the site or the services.
Patient and Healthcare Provider Responsibilities
If you are a Patient, you accept responsibility for yourself in the use of the services. You acknowledge that your relationship for healthcare services is with your Healthcare Provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the service, you agree not to hold Medicalchain liable in any way for any malpractice or substandard treatment the Healthcare Provider may render and you withdraw from any legal action or claim against Medicalchain in this respect.
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all national and local licenses and certifications which may be required to practice your profession when using this service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this service with your Patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and General Data Protection Regulation (GDPR) (EU) 2016/679. Medicalchain has established reasonable safeguards and procedures to protect the security of Patient information, but you must also take steps to protect your privacy and confidentiality that of your Patients.
We make no representations regarding your ability to bill third-party payers for the services you provide using the site. You are responsible for complying with all laws in billing for the services you provide. You expressly acknowledge that Medicalchain will not be held liable for the actions or omissions resulting from the services you provide to third parties using the site and the consents you might be required to obtain.
General Provisions Regarding Use And Age Requirement
By using this site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “minor”), that you are using the site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the site and agree to its terms. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these terms and to fully indemnify and hold harmless Medicalchain if the minor breaches any of these terms. If you are not at least 13 years old, you must refrain from using the site at any time or in any manner or submit any information to the Medicalchain or the site.
Subject to the terms and conditions of these terms, and your compliance with these terms, Medicalchain hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the materials and to use this site solely for your personal use. Except for the foregoing license, you have no other rights in the site or any materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or materials in any manner.
If you breach any of these terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.
Visitors And Registered Users
As a visitor, you can view, visit and browse through the site. You need not register on MyClinic.com to simply visit and view the site, to browse and see the partial, publicly accessible information in the site.
However, in order to access the Services and materials offered on and through the site, you must register on MyClinic.com for an account and receive a password. Registered users can be Patients or Healthcare Providers. To be able to use and access the Services, providers shall contract separately with Medicalchain, create a “provider account” and then invite patients to join the provider’s Medicalchain practice.
(A) Password Restricted Areas Of This Site
To register for a MyClinic.com account you must submit the following information through account registration page on the site:
(I) Providers: providers are required to provide certain personal information, and information about their practices, including: the provider’s name, date of birth, address, gender, email, mobile and work phone; the healthcare provider’s practice name, address, phone number and fax number; and an user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
(Ii) Patients: patients are required to provide certain personal information, including: name, date of birth, email, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the healthcare provider during a video consultation via MyClinic.com. optional information is not required to register for an account but may be helpful to MyClinic.com in providing you with a more customized experience when using the site or its services.
Once you have created your MyClinic.com account and provided a user-name and password, you are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your MyClinic.com password. You agree not to share your MyClinic.com password, let others access or use your MyClinic.com password or do anything else that might jeopardize the security of your MyClinic.com password. You agree to notify Medicalchain if your MyClinic.com password on this site is lost, stolen, if you are aware of any unauthorized use of your MyClinic.com password on this site or if you know of any other breach of security in relation to this site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.
All the information that you provide when registering for an account and otherwise through the site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
Individuals and/or entities whom access to the site or use of the services have previously been terminated by may not register for a new account, nor may designate other individuals to use an account on its or your behalf.
Payments and Refunds
Prices and availability of the products and services listed on the site are subject to change. The prices displayed on MyClinic.com are quoted in Pound Sterling (GBP) and MedToken (MTN).
You agree to (or immediately, if required) pay Medicalchain all amounts due and owing pursuant to the plan for the Services to which you subscribe and for all other fees that may be charged in connection with your use of the Services or upon registration. You may be asked to provide a valid credit card number to make a payment.
We charge for consultations in 15-MINUTE BLOCKS, which we call Sessions. You understand and accept that you may only ever purchase a complete Session and not individual minutes and that using one (1) second of time in a Session is the same as using all of it, so you will be charged accordingly. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session, nor shall you be due any rebate, refund or compensation of any kind if you fail to prevent the start of a new Session by exiting the video-surgery using the LEAVE button provided. You accept that the LEAVE button provided by Medicalchain on the Platform is clearly-placed, appropriately-signposted and understood by you to be used to LEAVE and prevent charges when you so require.
While Medicalchain strives to provide accurate service pricing information, pricing and typographical errors may occur. In the event a Service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such service at the incorrect price, even if the order has been confirmed and/or your credit card or cryptographic wallet has been charged.
In the event that a Service is mispriced, Medicalchain may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancelation. If your card or cryptographic wallet has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card or cryptographic wallet account in the amount of the incorrect price.
In the event that either party cancels a Service, and your credit card or cryptographic wallet has been charged, we shall promptly issue a refund to your credit card or cryptographic wallet account. All refunds shall be made in the amount and currency of the service price paid.
Neither Medicalchain, nor its officers, employees or agents, shall be responsible if the supply of the Services is delayed or prevented by circumstances outside its control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. If there is a risk of substantial delay you may contact us to cancel your Account and/or cancel any booked Services and receive a refund for any Services you have paid for but not received.
Special Provisions For Mobile Applications.
Medicalchain may make available mobile applications to access the site via a mobile device. To use the mobile application you must have a mobile device that is compatible with the mobile service. Medicalchain does not warrant that the mobile application will be compatible with your mobile device. Medicalchain hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the mobile application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the mobile application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the mobile application to any third-party or use the mobile application to provide time sharing or similar services for any third-party; (iii) make any copies of the mobile application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the mobile application, features that prevent or restrict use or copying of any content accessible through the mobile application, or features that enforce limitations on use of the mobile application; or (v) delete the copyright and other proprietary rights notices on the mobile application. You acknowledge that Medicalchain may from time to time issue upgraded versions of the mobile application, and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these terms will apply to all such upgrades. The foregoing license grant is not a sale of the mobile application or any copy thereof, and Medicalchain retains all right, title, and interest in and to the mobile application (and any copy of the mobile application). Standard carrier data charges may apply to your use of the mobile application.
The following additional terms and conditions apply with respect to any mobile application that Medicalchain provides to you designed for use on an apple iOS-powered mobile device (an “iOS app”):
You acknowledge that these terms are between you and Medicalchain only, and not with Apple, Inc. (“Apple”).
Your use of MyClinic.com iOS app must comply with Apple’s then-current app store terms of service.
Medicalchain, and not Apple, is solely responsible for our iOS app and the services and content available thereon. You acknowledge that apple has no obligation to provide maintenance and support services with respect to our iOS app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS app.
You agree that Medicalchain, and not apple, is responsible for addressing any claims by you or any third-party relating to our iOS app or your possession and/or use of our iOS app, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS app.
You agree that Medicalchain, and not Apple, shall be responsible, to the extent required by these terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS app or your possession and use of our iOS app.
You agree to comply with all applicable third-party terms of agreement when using our iOS app (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS app).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these terms as they relate to your license of MyClinic.com iOS app. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS app as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any mobile application that Medicalchain provides to you designed for use on an android-powered mobile device (an “Android app”):
You acknowledge that these terms are between you and Medicalchain only, and not with Google, Inc. (“Google”).
Your use of MyClinic.com Android app must comply with Google’s then-current android market terms of service.
Google is only a provider of the Android market where you obtained the Android app. Medicalchain, and not Google, is solely responsible for MyClinic.cm Android app and the services and content available thereon. Google has no obligation or liability to you with respect to Android app or these terms.
You acknowledge and agree that Google is a third-party beneficiary to the terms as they relate to MyClinic.com Android app.
Disclaimer Of Warranties.
MEDICALCHAIN, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MEDICALCHAIN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Special Disclaimer Regarding MyClinic.com and Services For Healthcare visits.
Medicalchain is not a healthcare provider. The Services are designed to support, not replace or intervene in, the relationship that exists between you and your Healthcare Provider.
Other limitations and restrictions on the use of services
We do not guarantee the availability of any particular Practitioner at any particular time. We will use reasonable efforts to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 15 minute durations (with general practitioners).
Practitioners may hold different clinical opinions on the same medical condition or symptoms and provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective.
We do not tolerate abuse or offensive behavior towards Practitioners.
Our services are designed to be accessed remotely by any of our customers, and are not designed for non-English speakers, for excessive use (having regard to the typical use pattern for our services in our reasonable opinion), time-wasting (such as unreasonable cancellation of appointments) or inappropriate use.
We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
The App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
We are not responsible for compensating you for loss or damage that is not a foreseeable direct result of breaking these terms.
We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our use instructions or advice under these terms.
We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are your own business losses.
We design our services, the App and the Website to keep your personal health data secure and it is important that you follow the use instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these use instructions and advice.
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Platform or the Services 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.
If a court finds part of these Terms and Conditions illegal for any reason, the rest will continue in force. Each of the clauses operates separately; if any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing any of these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaching these Terms and Conditions, 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 Services, we can still require you to make the payment at a later date.