Medworks (“Us”, “We”, “Company”) is the author and publisher of the services mentioned in the following paragraph.
We refer to each user of our Services,and any parent or guardian acting on behalf of such user, as "you" or as a "User." We also refer to any company on whose behalf a User is using Medworks Services as "you" or a"User." We make a distinction between End-Users and other users,where End-Users are the patients utilizing the Medworks Services. It will be made clear in this Agreement where such a distinction matters.
The Company reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing via your registered e-mail address. It is your responsibility to review this Agreement periodically, and check your e-mail inbox for updates. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.
1 The Company is not a medical or healthcare provider
You understand that Medworks is not a healthcare professional and does not provide medical, health or other professional services or advice, nor do we verify the accuracy of User Data. The Services and are not replacements for proper medical care, and you agree that the User is solely responsible for obtaining proper treatment for his or her conditions from an accredited healthcare provider. You may provide the information and reports received from Data Services to the User's or Prescription Device User's, as applicable, healthcare providers at your own responsibility,understanding that the Services are provided without warranty.
2 Scope of Agreement
The agreement applies to all Users, as defined above, who are required to be registered with the Company before they are able to use the Services. Registration entails the provision of some information which is mandatory, as well as some information which is optional.
The Agreement is applicable for all Services directly provided by the Company, as well as Services offered in collaboration with Partners, such as provider of laboratory services for diagnostic tests, sample collection, report issuance, and pharmacy services for prescription uploading and home delivery of pharmacy products.
2.3 Sharing of Data
We refer to a patient who is a User of the Services as“End-User”. The End-User may elect to share their data with other Users who are registered on the Medworks Services as Healthcare Providers. They may also elect to share their data with Partner service providers. Healthcare Providers and Partner service providers may send a request to End-Users, upon the approval of which they can view the End-Users health data related to glucose,insulin, medicine, exercise, glucose target ranges, age, weight, date of birth,city, country, and reminders for medicines, insulin, and glucose testing.
End-Users are entitled to provide, or direct the Company to provide, such data and reports to others as they determine at their own responsibility. You acknowledge and agree that data Services are not a substitute for regular monitoring and medical care, and that you will ensure that all appropriate treatment, attention and efforts are made by and for the benefit of the User to maintain his or her health and wellness.
Healthcare Service Providers and Partner Service Providers who have been allowed access to End-User data are not permitted to share this Data with any other entity, nor use this data for any other purpose except patient monitoring, counseling, and delivery of Partner services.
2.4 Reminders, tips and advice
The Services may provide advice in response to data entered into the Services. However, these reminders and tips are not replacements for professional health advice, which the Company does not presently offer.
4 Using Services
Services require the creation of a user account on our Website or Phone Application (“User Account”). If so, you are required to accurately complete and maintain the User Account and to provide us with all required information. Users are responsible for hardware, software, internet connectivity, and other services necessary for the use of the Services to properly run compatible updated software.
5 Use of Medworks store
The Medworks online store is part of our Services. The store allows Users to purchase or obtain certain items offered by Medworks. The User must use the store in his own name. You must use your own credit card (or a card you are lawfully authorized to use for the benefit of the User), and you must comply with all requirements of the credit card provider. You agree to only purchase Medworks Products for personal use by or on behalf of the Prescription Device User. Medworks Products presently purchased through the Store are shipped only within Pakistan, and are subject to the warranty and return policy included in the Medworks product labeling. All Medworks Products are shipped by Medworks on an FOB basis, which means that title transfers to you when Medworks places the items ordered with a shipper for transportation, and you bear the risk while the items are in transit, including risk for product theft, loss, or damage.
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Medworks that you are 18 years of age or older, and that you have the right,authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement. Users less than 18 years of age should only register and use Services with the permission of parents/legal guardians and such parents/ guardians agree to accordingly register and supervise usage by, and be responsible for the action of, any such minors who use the Services.
6.2 Usage Rights Reserved
We hereby grant to you a limited, non-exclusive,nontransferable right to access the Services and use the Services solely foruse as permitted under this Agreement, and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion, to deny or suspend use of the Services to anyone for any reason.
6.3 Integrity of information provided
You agree that you will not, and will not attempt to: (a)impersonate any person or entity, or otherwise misrepresent your affiliatio nwith a person or entity; (b) use the Services to violate any local, state,national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website or Services; (d)distribute viruses or other harmful computer code through the Services or (e)otherwise use the Services in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from offensive language when making notes in the Services.
6.4 Soft Deletion
If you logout or delete your Account, the company will retain all your User Information to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services
6.5 Public Computers
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.
6.6 Intermediary Model
End-Users understand that the Services function as an intermediary that provides End-User linkage with Healthcare Providers other Partner service providers. End-Users understand and agree that any interactions and associated issues with other Users and/or the Partner service providers including but not limited to health and medical issues is strictly between them and the other party. End-Users shall not hold the Company responsible for any such interactions and associated issues.
6.7 End-Users and other Users
The Company shall not be liable for any shortcomings or deficiency of service provided by other Users (i.e. healthcare providers). Company has no further control or responsibility regarding the information so shared.The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Provider. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Application or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content, accuracy, validity, reliability,quality of any Third-Party Services. Provided that nothing in these Terms will be construed as enhancing the scope of the Services, the liability or the obligations of the Company.
The Company shall not be responsible for any breach of service or service deficiency by other Users (i.e. Healthcare Providers). The Company neither assures nor guarantees the ability or intent of the doctor/hospital to fulfill their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for any wrong treatment, misconduct, negligence or inappropriate behavior by the doctor/hospital listed on the Application.
6.8 End-Users and Partner Services
The Company shall not be liable for any shortcomings or deficiency of service provided by Partner Services i.e. Laboratory and Pharmacy services. Company has no further control or responsibility regarding the information so shared. The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Provider. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Application or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content,accuracy, validity, reliability, quality of any Third-Party Services. Provided that nothing in these Terms will be construed as enhancing the scope of the Services, the liability or the obligations of the Company.
The Company shall not be responsible for any breach of service or service deficiency by Partner Service Providers. The Company neither assures nor guarantees the ability or intent of the Service Providers to fulfill their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for any wrong treatment, misconduct, negligence or inappropriate behavior by the doctor/hospital listed on the Application.
6.9 Account Creation
You must create an account to use our Service. This may be done by providing your email address. You may also voluntarily add or edit your profile information such as phone number,weight, and information related to your diabetes management such as your diabetes type, glucose range, A1C level, insulin and medicines, and miscellaneous comments for Mobile Application Services and Patient Web Services. For Institute Web Services, name, address, name of institute,designation, and phone number are mandatory.
6.10 Third-Party Services
Services may be linked to the website of third parties,affiliates and business partners. Medworks has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Services. Inclusion of any link on the Website does not imply that Medworks endorses the linked site. User may use the links and these services at User’s own risk.
Medworks assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Services or the downloading of any material, data, text, images, video content, or audio content from the Services. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
6.12 Fraudulent Information
If Medworks determines that you have provided fraudulent, inaccurate, or incomplete information,including through feedback, Medworks reserves the right to immediately suspend your access to the Services. You may be liable to indemnify Medworks for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Medworks or its Users.
7 No Doctor-Patient Relationship, and No Emergency Use of Services
The Company provides the Services for informational purposes only. Your use of the Services is only to aid you to monitor your life style choices including your food habits, your routine daily activities, and your blood glucose results to facilitate you in managing your Diabetes. The Services do not contain or constitute, and should in any manner not be interpreted as,medical advice or opinion. The Company does not provide medical services or render medical advice. The Services are not a substitute for the advice of a medical professional. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and the Company. The Services are not intended to be a substitute for emergency healthcare or the advice of a medical professional.
8 Liability Limitation and No Warranties
To the maximum extent permitted under applicable law, in no event will Medworks affiliates, licensors, suppliers and other third parties with which Medworks has a contractual relationship (including its and their officers, directors, employees, consultants, and agents) have any liability whatsoever arising from or relating to Medworks Services, whether for direct or any other type of damages whatsoever.
Except to the extent that such limitation is prohibited under applicable law, neither Medworks, its affiliates, nor its or their officers, directors, employees, agents, or suppliers (collectively, “Medworks parties”) shall be liable for any damages arising from the use of or inability to use Medworks Services.
Except to the extent required by applicable law, and except for any limited warranty included in the applicable the Services are provided“as-is” and on an “as available” basis without any warranty, express or implied, and you use Medworks products, Medworks Services at your own risk.
Except to the extent required by applicable law, we are not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration,theft, corruption, loss or destruction of your data files, programs,procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction,security violations, or the use of third-party software. We are not responsible for the content of any information transmitted or received through our provision of the services.
9 Third-Party Links
Third-party websites may contain links to Medworks Services.We have not reviewed any or all of the third party websites which contain links to the Services. We do not assume responsibility for the accuracy or legality of the content of any such off-site pages. Copying content for use from the Services in any third party website without written consent or proper attribution to Medworks is likewise prohibited.
In the event that any court holds any provision of this Agreement to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of this Agreement will remain in full force and effect and enforceable according to their terms.