TERMS OF SERVICE (ToS)

1. Introduction

This Application is primarily aimed to facilitate the patients of the Hospital and his/her relatives/friends, and endeavours to provide online services like inter alia remote booking, appointment, telemedicine etc, from the comfort of their home. The terms “Hospital”, “We”, “Us”, “Ours” etc., denotes TURKISH HOSPITAL DOHA, QATAR and the terms “User”, “You”, “Your”, “Yours” shall mean the individual who uses this Application. The Hospital is the licensed user of this Application and subsequently reserves all rights to provide the services as contemplated herein.

2. Binding Contract

When you access the Application, you hereby unconditionally agree that you are bound by this ToS including the policies and other documents which are incorporated herein by way of reference. You may not access the Application in the eventuality of you not agreeing to the ToS.

We reserve the right, at our sole discretion, to modify, change, add or remove any portions of these ToS at any time. We shall notify you in advance in the event there is a modification. It is your responsibility to review the ToS periodically for any update, changes or modification. Your continuous use/access of the Application subsequent to any modification of the ToS will be deemed as your acceptance to such modifications.

3. Registration

As a user, you can avail all services available with this Application. Your full name, mobile number and email ID are required for registration. On registration, we validly presume that you have provided accurate information about you. In case you are not a patient of the Hospital or do not have an OP number linked to your mobile number, you shall be able to book an appointment at the Hospital, however, payment needs to be made directly at the Hospital till you obtain an OP number and have it linked with your mobile number.

On registration, you shall create your username (Mobile Number) and password which shall be your unique identity on this Application. The password needs to be strong and is your responsibility. For your safety, we urge you to keep confidential your username, passwords, banking details and other personal data and refrain from sharing such information with any third party. We shall not be responsible for any loss incurred by you.

4. Services

4.1. Appointment Booking

You may select doctor/ department and book/make an appointment based on available date and timeslot from the Application. You may choose to book through the Application and pay later or make an appointment by directly making payment through the Application. However, we cannot guarantee such specific time or date due to many reasons beyond our control. For e.g., you may be required to wait beyond the time slot allotted to you due to high booking, emergencies, or your appointment may be postponed/cancelled due to unforeseen circumstances like unavailability of the concerned doctor etc. further, we shall not be liable for cancellation of your appointment in case of delay from your end and in such circumstances, we may refuse to refund such fees paid. You may note that this is only a feature of the Application and does not guarantee any confirmation or assurances.

List of doctors along with the departments may change from time to time. We strive to always keep the current list updated however we shall not be responsible in case of errors.

4.2. Outpatient Token calling integration.

Once your appointment is confirmed, the Application provides you with a facility with Outpatient token calling integration, wherein you may view the appointment tokens called out similar to the display screens kept at the Hospital. However, connectivity and other technical issues may result in slow refresh rates which may in turn affect the accuracy. This is only an additional facility and Hospital shall not be responsible for any inaccuracies or any consequences thereof.

4.3. Telemedicine – video consultation and chats

This Application enables you to book video consultation or consultations through chat, however it shall depend on the availability of the concerned health care provider/Doctor. As in case of regular appointment, we cannot be liable for any delay, interruption, postponement, or cancellation of video/ chat consultation due to unforeseen circumstances. For e.g., your video consultation may get delayed/cancelled for unavailability of the doctor; responses to your chats may get delayed or undelivered for technical reasons-, or your doctor may interrupt a session to attend emergencies. Further, the duration of your session shall be determined by the health care provider/ doctor concerned.

Third party applications/ software is used and integrated into the Application for providing video conferencing feature and we shall not be responsible for technical, security and data related issues due to improper functioning of such third-party software and integrations. We strive to provide a high-quality audio and video during video consultation however, the quality may be affected by numerous factors outside our control including but not limited to your internet connectivity and speed, quality of your equipment/ mobile device etc. No refunds shall be entertained in case the consultation has been affected/ cancelled due to such factors.

You should follow the general and accepted etiquette while availing video consultation service. It is required that the patient prepares ahead of time to participate in the Video Consultation, in a quiet and private place, where only the patient is present in the room where the video session is being held. For elderly or disabled patients who require help to participate in the video, a caregiver may be present. Recording of the video session by the patient/ other user is strictly prohibited. - You shall not under any circumstances record the video sessions. It is necessary that the patient (and any caregiver) act with proper decorum in speech and action during the video consultation. Failure to comply with these requirements can result in abrupt termination of the video session with no refund or rescheduling of the consultation. We may record the sessions for our internal records and analysis.

4.4. Viewing your records

The Application provides you the facility of viewing certain reports like your prescription, lab report(s), if any, on your compatible mobile device. You shall be solely responsible for maintaining confidentiality of such documents and we shall not under any circumstances be liable for your actions or omissions.

4.5. Support Information & Recommendations

The information and materials available through the Application are for informational and educational purposes only and are not intended as professional advice, diagnosis or treatment; and you shall not use any information made available through the App for any self-medication or for providing any medical advice. We may also provide third party sourced information, the authenticity or accuracy of which have not been verified by us and are beyond our control. You accept and acknowledge the full risk and responsibility for the use of information you obtain from or through this Application, and you further accept that we are not responsible or liable for any claim, loss, or liability arising from the use of such information. You acknowledge and understand that we do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the Application relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the information, definitions, functionality, and limitations of the services, and to make an informed decision regarding the suitability and use of such information, services or products.

4.6. Third Party services

We may utilise the service of various third-party service providers in bringing you various facilities on the Application, such as payment aggregators, server hosting, bulk SMS service etc. While availing such facilities, you hereby agree to be bound by the relevant terms and conditions of such third-party service provides whose services we utilise. You further acknowledge that we shall not be responsible in any manner for any deficiency of services or lapses on part of such third-party service providers.

5. Payments

We currently utilise the services of third-party payment aggregator for enabling online payment facilities through the Application. You may use the service for making payments for booking appointments and such other payments from your mobile devices. On using the payment services, you shall be bound by the terms and conditions of third-party payment aggregator.

On using the payment services, you hereby acknowledge and understand that we are in no way liable for any transaction related issues, and you may have to take up any payment related issues with payment aggregator or your Bank/ Card issuer. We do not store your payment details including your credit card/debit card numbers.

Users may also avail this facility to pay their outstanding bills including pharmacy, radiology, laboratory and other healthcare services as enabled by the Hospital. However, it is your responsibility to verify the bill amounts with the concerned departments and Hospital shall not be responsible for any information made available on the Application.

6. User Representations and Obligations

As a user of the Application, you hereby unconditionally agree to the following:

6.1. While providing information

We validly assume that all information provided by you are true, accurate, current, and complete and that you are the individual who is accessing the Application through your device. We shall not in any way be liable for any impersonation/ stolen identities and shall not be responsible for any loss or damages caused due to access/ impersonation by a third party. You shall always provide true and accurate information and shall not provide any false information, or any information you believe, have not been verified. You shall not conceal any relevant information about yourself or your ward (if you are using the application on behalf of a minor or such incompetent person) and shall not in any way try to impersonate/ use the identity of another individual. You shall not use any third-party information including another person’s ID number without consent. You shall further ensure that any personal information you provide are true, accurate, complete and current. We shall not be responsible for any damages or loss including but not limited to loss of life, caused due to incorrect, incomplete, inaccurate or obsolete information provided by you. You acknowledge that you are solely responsible for your use of the Application and any activities you may conduct through the Application.

6.2.Transmission

You hereby unconditionally agree that you shall not transmit, or let any third party use your device to transmit, via the Application:

• any contents or materials containing profanity;
• any contents or materials which are false, inaccurate or misleading;
• any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
• contents that contain cyber bullying, spams, junk or other related material;
• any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
• any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless You obtain rights therein;
• contents that violates or infringes the privacy or publicity or other rights of any party;
• materials or contents that violates copyright, trademark, or other intellectual property rights;
• contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
• any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
• contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
• any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure;

6.3. General Responsibilities,
Acknowledgements and Covenants

• Your username and password are unique to you, and you hereby agree that you shall not share or disclose the same to any third party. You are solely responsible for keeping your password confidential.
• You hereby unconditionally agree that you shall use this Application only for legal and legitimate purposes and in compliance with this ToS and that the services provided by the Application shall be used only for such purposes as contemplated in this ToS.
• You acknowledge that you are solely responsible for your use of the Application and any activities you may conduct through the Application.
• You may receive notifications from us by ways of email and SMS notifications and you hereby grant us the permission to send you such notification.
• You agree that we may at any point of time modify the terms and conditions under this ToS. We may without any obligation notify you of such modifications and your use of the Application post such modification shall be deemed as your acceptance of the modified terms and conditions.
• You shall not, while utilising the Services:
  • Access, tamper with, penetrate or use – our servers, computers, (including those of our 3rd party service providers), or other parts of the Application which do not form part of the service.
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • interfere with, or disrupt, (or attempt to do so), the access of any other user or other registered customers/clients of Hospital, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the services, or by scripting the creation of any transmitted content in such a manner as to interfere with or create an undue burden on the services.
  • Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Application to human-readable form, or to permit third parties to do the same
  • transfer your account to third parties.
  • The risk of malware and infection with malicious codes and software are higher in rooted/jailbroken devices. You hereby understand and acknowledge that if your device is rooted or jailbroken, you shall solely be liable and responsible for all the consequences of usage of the Application including but not limited to data breaches and leaks. The Hospital shall not, at any point of time, be responsible or liable for such breaches.

7. Intellectual Property

All Intellectual Property Rights in the Application and its source code including modifications and customisations if any, belongs to its developer and is being used by the Hospital under License. All trademarks, logos, and service marks displayed on the Application are registered and unregistered Trademarks of Hospital and/or third parties who have authorized their use (“Trademarks”) and you shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All the materials contained on the Application are copyrighted except where explicitly excluded otherwise. In the event of any violation of our intellectual property rights or that of our third-party affiliates, the same shall be viewed seriously and we reserve our discretion to initiate appropriate legal action including criminal prosecution. All contents in the Application shall be owned by the Hospital or such third-party content providers who are the rightful owner of the same. You shall be the owner of the contents transmitted by you including your personal data, medical history and data. By using the Application and uploading such data, you hereby grant us a non-exclusive, license to use such data for limited purposes. You may view our privacy policy which is attached as Annexure to this ToS to know more about how we use your data.

8. Disclaimers and Waranties

8.1 Disclaimer

• This Application is only meant to provide you additional/ supplementary health care benefits and the Applications or its service including video consultation and tele medicine are not by any means to be relied on as an alternative to physical check-ups and treatments provided at the Hospitals, especially in case of medical emergencies. Video Consultations must not be scheduled for patients with critical medical conditions and/or for emergencies. Such consultations are suitable only for basic follow-ups between the patient and healthcare provider and/or preliminary consultation before meeting the healthcare provider in person. You are expected to seek immediate medical attention in case of medical emergencies and in situation where medical attention is required. We shall not be liable for any loss or damages including injuries and loss of life for failure to adhere to this ToS and other instructions provided by the health care provider
• We shall not be liable for any default or interruption in services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include acts of God, fires, floods, earthquakes, explosions, accidents, unusually severe weather conditions, epidemics, pandemics, lockdowns, quarantine restrictions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, unfavourable change in legal requirements, hacking, server mal-functioning and any other events which we do not have any control of.
: none

Warranty

• EXCEPT AS PROVIDED AND STATED IN THIS ToS , AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVES AND DISCLAIMS ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.
• We do not guarantee an uninterrupted service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, quality of your device etc., electricity, uptime of the server/cloud service where we have hosted our Applications) etcetera. Services may also be interrupted when some of the contents you transmit, does trigger our (including our service provider’s) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.

9. Indemnification

You hereby agree to indemnify, defend, and hold Us and our affiliates, directors, officers, employees, technology vendors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of the Application and for violation of any of the provisions of this ToS, or from your placement or transmission of any materials or content onto our (or our service provider’s) servers in violation of the provisions contained in this ToS.

10. Limitation of liability

You shall be solely responsible for the consequence of the use of the Services. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if we were advised of their possibility.

11. Suspension & Termination

You acknowledge and agree that Turkish Hospital may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Turkish Hospital’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Turkish Hospital when you stop using the Service. You acknowledge and agree that if Turkish Hospital disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials contained in your account.

12. Updates to Our Website/App

Turkish Hospital may, from time to time, provide enhancements or improvements to the features or functionality of the website/app, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the website/app. You agree that Turkish Hospital has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website/app.
You further agree that all Updates will (i) be deemed to constitute an integral part of the website/app, and (ii) be subject to the terms and conditions of this Agreement.

13. Violation of ToS

Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS.

14. Disputes

This ToS shall be governed by and construed in accordance with the laws of the Qatar