1. Introduction
1.1 Purpose of the Terms and Conditions
These Terms and Conditions (the "Terms") govern the access and use of the pH7 platform (the "Platform") by individuals seeking healthcare consultations, prescriptions, or related services (referred to as "Patients"). The Platform serves as a technology facilitator, connecting Patients with licensed healthcare professionals ("Healthcare Professionals") and pharmacies to enable secure consultations, the issuance of prescriptions, and the fulfilment of medications.
By registering on or using the Platform, you agree to comply with these Terms. These Terms are designed to:
Ensure the secure and efficient use of the Platform.
Clearly define the responsibilities of Patients, the Platform, and Healthcare Professionals.
Protect the integrity and functionality of the Platform.
If you do not agree to these Terms, you are not authorised to use the Platform.
1.2 Definitions
For the purposes of these Terms, the following terms shall have the meanings assigned to them:
"Platform": The software application and associated services developed and operated by pH7, facilitating communication between Patients, Healthcare Professionals, and pharmacies.
"Patient": Any individual registered on the Platform to seek healthcare consultations, prescriptions, or related services.
"Healthcare Professional": Any licensed medical practitioner, including General Practitioners (GPs), using the Platform to provide consultations and issue prescriptions.
"Consultation": An interaction between a Patient and a Healthcare Professional via the Platform, including video, audio, or text communication, for the purpose of medical advice or treatment.
"Prescription": A medical prescription issued by a Healthcare Professional through the Platform, which may be fulfilled by pharmacies integrated with the Platform.
"Pharmacy": An independent entity responsible for the fulfilment of prescriptions issued through the Platform.
"User": Any individual interacting with the Platform, including both Patients and Healthcare Professionals.
2. Acceptance of Terms
2.1 Agreement to the Terms and Conditions
By accessing or using the Platform, you ("Patient") confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. Your use of the Platform constitutes a legally binding agreement between you and pH7.
If you do not agree to these Terms, you must discontinue your use of the Platform immediately.
2.2 Eligibility to Use the Platform
Personal Use Only:
The Platform is intended solely for personal, non-commercial use by Patients seeking healthcare consultations and related services.
You may not use the Platform on behalf of another individual unless you are their legal guardian or have explicit legal authority to do so, which must be disclosed during registration.
Medical Responsibility:
By using the Platform, you acknowledge that Healthcare Professionals providing consultations are independent practitioners who are solely responsible for the medical advice, diagnosis, and treatment they provide.
pH7 acts as a technology facilitator and is not responsible for any clinical decisions or patient outcomes.
2.3 Legal Age and Jurisdiction Requirements
Age Requirement:
To register on or use the Platform, you must be at least 18 years of age or the legal age of majority in your jurisdiction.
For minors or individuals unable to consent, a parent, guardian, or authorised legal representative must provide consent and oversee the use of the Platform.
Jurisdictional Requirements:
The Platform is available only in jurisdictions where its services comply with applicable laws and regulations. By using the Platform, you confirm that you are located in a jurisdiction where such use is lawful.
You are responsible for ensuring that your use of the Platform complies with the laws of your jurisdiction.
3. Registration and Account Setup
3.1 Creating an Account
Registration Requirement:
To access the services provided through the Platform, you must create an account by completing the registration process and agreeing to these Terms.
During registration, you will be required to provide specific personal information, including but not limited to your full name, date of birth, contact information, and, where applicable, relevant health details.
Single Account Policy:
You may create only one account for personal use. Duplicate accounts or accounts created with false information are prohibited and may result in termination of access to the Platform.
3.2 Verification Process
Identity Verification:
pH7 may require you to verify your identity to ensure compliance with applicable laws and regulations. This verification may include providing government-issued identification, proof of address, or other supporting documentation.
Right to Deny Registration:
pH7 reserves the right to deny registration or deactivate accounts at its sole discretion if identity verification fails or if there is evidence of misuse or fraudulent activity.
3.3 Security of Account Credentials
Responsibility for Security:
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password.
You must not share your login details with anyone or allow unauthorised access to your account.
Reporting Unauthorised Access:
If you suspect that your account has been compromised, you must notify pH7 immediately at [ ].
pH7 is not responsible for any loss or damage resulting from unauthorised access to your account due to your failure to maintain security.
3.4 Accuracy of Information Provided
Obligation to Provide Accurate Information:
You agree to provide accurate, complete, and up-to-date information during registration and throughout your use of the Platform.
Any intentional provision of false or misleading information may result in the suspension or termination of your account.
Updates to Information:
You are responsible for promptly updating your account information to reflect any changes, including contact details or health-related information relevant to consultations.
4. Use of the Platform
4.1 Permitted Use
Purpose of Use:
The Platform is provided exclusively to enable Patients to:
Schedule and participate in healthcare consultations with licensed Healthcare Professionals.
Receive medical advice, diagnoses, and prescriptions where appropriate.
Access services for prescription fulfilment through connected pharmacies.
Use of the Platform for any other purpose is strictly prohibited.
Personal Use Only:
The Platform may only be used for your personal healthcare needs or, where applicable, on behalf of a minor or dependent for whom you are legally authorised to act.
Compliance with Laws:
You agree to use the Platform in compliance with all applicable laws, regulations, and professional standards in your jurisdiction.
4.2 Access to Healthcare Professionals
Independent Healthcare Professionals:
The Platform facilitates access to independent licensed Healthcare Professionals. These professionals are not employees or agents of pH7, and they are solely responsible for the medical advice, diagnoses, and treatments they provide.
No Guarantee of Availability:
pH7 does not guarantee the availability of specific Healthcare Professionals or any minimum response times for consultations.
4.3 Scheduling Consultations
Booking Process:
Consultations must be scheduled through the Platform’s booking system. Confirmation of an appointment is subject to the availability of the selected Healthcare Professional.
Payment Requirements:
All applicable fees for consultations must be paid in advance through the Platform unless otherwise specified.
Rescheduling and Cancellations:
You may reschedule or cancel a consultation in accordance with the cancellation policy provided during the booking process. Late cancellations or missed appointments may incur fees.
4.4 Prohibited Activities
Misuse of the Platform:
You agree not to:
Use the Platform for fraudulent, unlawful, or unauthorised purposes.
Impersonate any person or misrepresent your identity, health conditions, or authority to act on behalf of another individual.
Interfere with or disrupt the proper functioning of the Platform, including introducing viruses or malicious code.
Unlawful Behaviour:
You are prohibited from:
Recording, distributing, or reproducing consultations without the express consent of the Healthcare Professional and pH7.
Soliciting or contacting Healthcare Professionals outside the Platform for medical services initially accessed through the Platform.
Sharing your account or allowing third parties to access the Platform on your behalf without proper authorisation.
Breach Consequences:
Any breach of these prohibitions may result in immediate suspension or termination of your account, as well as potential legal action.
5. Services Provided
5.1 Overview of Platform Services
The Platform is a technology-based solution designed to facilitate secure and efficient interactions between Patients, licensed Healthcare Professionals, and pharmacies. Through the Platform, Patients can:
Schedule and participate in consultations with Healthcare Professionals.
Receive medical advice, diagnoses, and prescriptions where deemed appropriate by the Healthcare Professional.
Access prescription fulfilment services through connected pharmacies.
5.2 Role as a Technology Provider
Facilitator, Not a Medical Provider:
The Platform acts solely as a technology provider and facilitator. pH7 does not provide medical advice, diagnoses, or treatment.
All medical services are independently provided by licensed Healthcare Professionals who are solely responsible for their clinical decisions and patient outcomes.
No Endorsement or Guarantees:
pH7 does not endorse, guarantee, or warrant the quality, accuracy, or appropriateness of medical services provided by Healthcare Professionals.
The inclusion of a Healthcare Professional on the Platform does not imply any endorsement of their credentials, skills, or suitability.
5.3 Facilitation of Consultations
Secure Communication:
The Platform provides secure video, audio, and text-based communication channels for consultations between Patients and Healthcare Professionals.
Patient Responsibility:
Patients are responsible for providing accurate and complete information during consultations to enable Healthcare Professionals to make informed clinical decisions.
Consultation Records:
The Platform securely stores records of consultations, which may be accessed by Patients and Healthcare Professionals in accordance with applicable privacy and data retention policies.
6. Fees and Payments
6.1 Consultation Fees
Fee Disclosure:
Fees for consultations with Healthcare Professionals are displayed on the Platform during the booking process. Patients are required to review and accept these fees before confirming a booking.
Prepayment Requirement:
All consultation fees must be paid in advance to secure an appointment with a Healthcare Professional.
Variable Fees:
Consultation fees may vary depending on factors such as the type of service, duration of the consultation, or the Healthcare Professional's rates.
6.2 Payment Methods and Billing
Accepted Payment Methods:
The Platform accepts payments through authorised payment gateways, including credit cards, debit cards, and other methods specified on the Platform.
Secure Transactions:
All payments are processed securely through third-party payment providers. pH7 does not store full payment card details on its systems.
Billing Statements:
Patients may access billing statements or receipts for consultations via their account on the Platform.
6.3 Refund Policy
Refund Eligibility:
Refunds may be issued in the following circumstances:
The consultation is cancelled by the Healthcare Professional or the Platform.
The consultation cannot proceed due to technical issues attributable to the Platform.
Refund requests for missed appointments or late cancellations initiated by the Patient may be denied, subject to the cancellation policy outlined during the booking process.
Refund Process:
Refund requests must be submitted to [ ] within [ ] days of the scheduled consultation.
Approved refunds will be processed within [ ] business days to the original payment method.
6.4 Additional Costs
Pharmacy Fees:
The cost of fulfilling prescriptions is not included in the consultation fees. Patients are responsible for paying any pharmacy fees directly to the pharmacy, including medication costs and delivery charges.
Third-Party Services:
If additional third-party services are utilised, such as laboratory tests or referrals, these costs are the sole responsibility of the Patient and are not covered by Platform fees.
7. Patient Responsibilities
Patients using the Platform agree to uphold the following responsibilities to ensure the effective, safe, and appropriate delivery of healthcare services.
7.1 Providing Accurate Medical History
Complete and Honest Disclosure:
Patients are responsible for providing accurate, complete, and truthful information about their medical history, current symptoms, medications, allergies, and any other relevant details during consultations.
Failure to provide accurate or complete information may impact the quality of medical advice or treatment provided by the Healthcare Professional.
Updates to Medical Information:
Patients must promptly update their medical history on the Platform if there are any changes, including new diagnoses, treatments, or medications, to ensure Healthcare Professionals have up-to-date information.
Accuracy of Records:
Patients are responsible for verifying the accuracy of their personal and health information stored on the Platform and notifying pH7 of any discrepancies.
7.2 Following Medical Advice
Adherence to Prescribed Treatments:
Patients are expected to follow the medical advice, prescriptions, or treatment plans provided by Healthcare Professionals. Deviation from prescribed guidance is at the Patient’s own risk.
Consultation Follow-Up:
Patients must schedule follow-up consultations as recommended by the Healthcare Professional to ensure continuity of care and proper monitoring of their condition.
Seeking Emergency Care When Needed:
The Platform is not intended for emergency medical situations. Patients are responsible for seeking immediate in-person medical attention or contacting emergency services if they experience urgent or life-threatening conditions.
7.3 Reporting Changes in Health
Communication of Changes:
Patients must notify the Healthcare Professional of any significant changes in their health status, new symptoms, or adverse reactions to prescribed medications.
Timely communication of changes ensures that the Healthcare Professional can adjust the treatment plan as needed.
Use of the Platform for Updates:
Patients should use the Platform’s secure messaging or consultation booking system to report changes or concerns related to their health.
7.4 Responsible Use of Prescriptions
Adherence to Prescriptions:
Prescriptions issued through the Platform must be used solely as directed by the Healthcare Professional. Patients must not exceed the prescribed dosage or use medications for purposes other than those specified.
Safeguarding Medications:
Patients are responsible for securely storing prescribed medications and preventing their misuse by others.
Prohibition on Sharing Medications:
Patients must not share or distribute medications prescribed to them with any other individual. Misuse of prescriptions is strictly prohibited and may have legal consequences.
Regulatory Compliance:
Patients must comply with all applicable laws and regulations regarding the use, possession, and disposal of prescribed medications.
7.5 Communication with the Platform
Engaging Professionally:
Patients are expected to communicate with Healthcare Professionals and the Platform’s support team respectfully and professionally.
Reporting Issues:
Any concerns about consultations, prescriptions, or the functionality of the Platform must be reported promptly to [ ].
8. Medical Disclaimer
The pH7 Platform serves as a technology facilitator, connecting Patients with independent licensed Healthcare Professionals and pharmacies. It does not provide medical advice, diagnoses, or treatment. This section clarifies the relationship between all parties and outlines the limitations of liability.
8.1 Platform Does Not Provide Medical Advice
Technology Provider:
pH7 is solely a technology provider that facilitates communication between Patients, Healthcare Professionals, and pharmacies. The Platform itself does not offer medical advice, make diagnoses, prescribe treatments, or deliver healthcare services.
No Patient-Provider Relationship with pH7:
Any medical advice or treatment provided through the Platform is the responsibility of the independent Healthcare Professional. The use of the Platform does not create a patient-provider relationship between Patients and pH7.
Informational Content:
Any educational or informational content provided on the Platform (e.g., articles, FAQs) is for general informational purposes only and should not be construed as medical advice.
8.2 Independent Decisions of Healthcare Professionals
Autonomy of Healthcare Professionals:
Healthcare Professionals using the Platform operate independently and are solely responsible for the medical advice, diagnoses, and treatments they provide.
pH7 does not interfere with or influence the clinical judgment or decisions of Healthcare Professionals.
Patient Responsibility:
Patients are responsible for providing accurate and complete information during consultations to enable Healthcare Professionals to make informed decisions.
Liability of Healthcare Professionals:
Healthcare Professionals are independently liable for any errors, omissions, or malpractice related to the care they provide. Patients must address any concerns about care directly with the Healthcare Professional.
8.3 No Guarantee of Prescriptions or Treatments
No Assurances:
pH7 does not guarantee that a consultation will result in a prescription, diagnosis, or specific treatment.
The outcome of a consultation is determined solely by the Healthcare Professional based on their professional assessment of the Patient's needs.
Prescription Limitations:
Healthcare Professionals may determine that a prescription or treatment is not appropriate for the Patient and may refuse to issue one.
Patients acknowledge that pH7 does not influence or participate in these clinical decisions.
Pharmacy Role:
If a prescription is issued, its fulfilment is the responsibility of the connected pharmacy or the Patient’s chosen pharmacy. pH7 is not responsible for the accuracy or quality of medication dispensed by pharmacies.
8.4 Limitation of Liability for Outcomes
No Liability for Medical Outcomes:
pH7 is not liable for any medical outcomes, side effects, complications, or adverse events resulting from consultations, diagnoses, treatments, or prescriptions provided by Healthcare Professionals.
Patients acknowledge that all medical decisions are made independently by Healthcare Professionals and carry inherent risks.
No Liability for Misuse:
pH7 is not responsible for any misuse of the Platform by Patients or Healthcare Professionals, including but not limited to:
Patients providing inaccurate or incomplete medical information.
Healthcare Professionals acting outside the scope of their licensure or jurisdiction.
Platform Limitations:
pH7 is not liable for interruptions, technical errors, or delays that may affect consultations or communication between Patients and Healthcare Professionals.
Indemnity:
Patients agree to indemnify and hold pH7 harmless from any claims, damages, or liabilities arising from their use of the Platform, including claims related to the medical advice or care they receive from Healthcare Professionals
8.5 Relationship Between Parties
pH7 and Patients:
pH7 facilitates access to Healthcare Professionals and pharmacies but does not provide direct medical services. Patients agree that pH7’s role is limited to providing the technology for these interactions.
pH7 and Healthcare Professionals:
Healthcare Professionals are independent users of the Platform. They are not employees, agents, or representatives of pH7.
pH7 and Pharmacies:
Pharmacies connected to the Platform operate independently of pH7. The Platform facilitates secure prescription communication but does not influence or control pharmacy operations.
9. Data Protection and Privacy
This section outlines how the Platform handles Patient data in compliance with applicable data protection laws and links directly to the Privacy Policy for detailed information. By using the Platform, you acknowledge and consent to the collection, processing, and sharing of your data as described below and in the Privacy Policy.
9.1 Compliance with Data Protection Laws
pH7 is committed to protecting your privacy and ensuring compliance with applicable data protection regulations, including but not limited to the General Data Protection Regulation (GDPR) and other relevant data protection laws. Your data will only be processed in accordance with these laws and for the purposes outlined in these Terms and the Privacy Policy.
9.2 Collection and Use of Data
By using the Platform, you consent to pH7 collecting, processing, and storing personal data necessary to provide healthcare consultation services, including:
Personal Information: Your name, contact details, and date of birth.
Health Data: Information you provide during consultations, including medical history, symptoms, and conditions.
Prescription Data: Details of prescriptions issued to you by Healthcare Professionals through the Platform.
Pharmacy Fulfilment Data: Information required to facilitate prescription processing and fulfilment by a pharmacy of your choice or one integrated with the Platform.
All data is securely processed and used only for the purpose of providing Platform services.
9.3 Prescription Data Sharing and Consent
By obtaining a prescription through the Platform, you expressly consent to:
pH7 receiving and securely processing your prescription data for the purpose of facilitating its fulfilment.
pH7 securely transmitting your prescription details to a pharmacy selected by you or integrated with the Platform to dispense your prescribed medication.
Pharmacies receiving and processing your prescription in accordance with applicable healthcare regulations.
Your prescription will only be shared with pharmacies for fulfilment, and pH7 does not modify or influence prescription content. If you choose to use a pharmacy outside of those integrated with the Platform, you are responsible for providing the prescription directly to them.
Withdrawing Consent: You may withdraw consent for prescription data sharing at any time by contacting pH7 in writing. However, this may impact your ability to have prescriptions fulfilled through the Platform.
9.4 Secure Data Storage and Transmission
pH7 employs industry-standard security measures, including encryption, secure servers, and access controls, to protect your personal and health data. Access to your data is restricted to authorised individuals, including the Healthcare Professionals issuing your prescription and the pharmacy responsible for fulfilment.
10. Confidentiality
pH7 is committed to safeguarding the confidentiality of Patient information in compliance with applicable data protection laws and ethical standards. This section outlines the obligations of all parties regarding the protection of Patient information and the limited circumstances in which disclosures may be required.
10.1 Protection of Patient Information
Platform Security Measures:
pH7 employs industry-standard security measures, including encryption, secure servers, and access controls, to protect Patient information stored or transmitted through the Platform.
For more details on data security, refer to the Privacy Policy.
Confidentiality of Records:
Patient information, including consultation details and medical records, is treated as strictly confidential and is accessible only to authorised individuals, such as the Patient and the Healthcare Professional involved in their care.
No Unauthorised Sharing:
Patient information will not be shared with third parties without explicit consent, except as outlined in the Privacy Policy or required by law.
10.2 Obligations of Healthcare Professionals
Duty of Confidentiality:
Healthcare Professionals using the Platform are bound by their professional ethical obligations and applicable laws to maintain the confidentiality of Patient information shared during consultations.
Healthcare Professionals are independently responsible for adhering to data protection regulations applicable in their jurisdiction.
Secure Handling of Information:
Healthcare Professionals must use the secure communication channels provided by the Platform to interact with Patients and access their medical records.
Any unauthorised use or disclosure of Patient information by Healthcare Professionals is strictly prohibited and may result in legal and professional consequences.
Patient Consent:
Healthcare Professionals must obtain explicit consent from Patients before sharing their information with third parties, except in situations where disclosure is required by law or professional obligations.
10.3 Situations Requiring Disclosure
Legal Obligations:
Patient information may be disclosed without consent if required by law, such as in response to a court order, subpoena, or investigation by regulatory authorities.
pH7 will ensure that any such disclosure complies with applicable legal requirements and minimises the information shared.
Emergency Situations:
In situations where a Patient’s life or health is at immediate risk, Patient information may be disclosed to emergency services or other relevant parties to provide necessary care.
Any such disclosure will be limited to the information required to address the emergency.
Platform Safeguards in Disclosure:
pH7 maintains internal protocols to evaluate and document all disclosures of Patient information to ensure compliance with legal and ethical standards.
10.4 Prescription Data Processing and Sharing
By using the Platform and obtaining a prescription through a consultation, you expressly consent to:
Processing of Prescription Data: pH7 securely processing your prescription details to facilitate its fulfilment.
Sharing with Pharmacies: pH7 securely transmitting your prescription to a pharmacy of your choice or a pharmacy integrated with the Platform for dispensing.
Ensuring Fulfilment: Pharmacies receiving and processing your prescription in accordance with applicable healthcare regulations.
pH7 acts solely as a facilitator and does not alter or influence prescriptions issued by Healthcare Professionals. You may withdraw consent for pH7 to share your prescription data with pharmacies at any time by notifying pH7 in writing. However, this may affect your ability to have prescriptions fulfilled through the Platform.
11. Platform Availability
pH7 aims to provide a reliable and efficient service to all users of the Platform. However, certain circumstances may impact its availability. This section outlines the potential interruptions, updates, and limitations associated with the Platform's operation.
11.1 Service Interruptions and Maintenance
Scheduled Maintenance:
The Platform may be temporarily unavailable during scheduled maintenance to ensure its continued functionality and security.
Patients will be notified in advance of any planned maintenance that may result in service interruptions, where feasible.
Unscheduled Downtime:
Unscheduled service interruptions may occur due to technical issues, server failures, or other unforeseen circumstances. pH7 will make reasonable efforts to resolve such issues promptly.
Liability for Interruptions:
pH7 is not liable for any inconvenience, delays, or disruptions resulting from scheduled or unscheduled service interruptions. Patients are encouraged to plan consultations accordingly.
11.2 Platform Updates and Enhancements
Ongoing Improvements:
To enhance user experience, functionality, and security, pH7 may introduce updates, enhancements, or new features to the Platform.
Updates may include performance improvements, bug fixes, or new tools and functionalities for Patients and Healthcare Professionals.
User Obligations for Updates:
Patients may be required to update their software or devices to ensure compatibility with new Platform features or updates. pH7 is not responsible for disruptions caused by failure to install such updates.
Changes to Features:
pH7 reserves the right to modify, add, or remove features of the Platform at its sole discretion without prior notice, provided that such changes do not materially impact the core functionality.
11.3 No Guarantee of Availability
Service Availability Disclaimer:
While pH7 strives to provide uninterrupted access to the Platform, it does not guarantee that the Platform will always be available, secure, or error-free.
Access to the Platform may be restricted due to circumstances beyond pH7’s control, including but not limited to:
Network outages.
Acts of nature (e.g., natural disasters).
Cybersecurity threats or attacks.
Alternative Arrangements:
Patients are responsible for making alternative arrangements for medical care in the event of Platform unavailability.
Limitation of Liability:
pH7 is not liable for any losses, damages, or inconveniences arising from Platform unavailability, interruptions, or performance issues, except as explicitly stated in these Terms.
12. Third-Party Services
pH7 facilitates interactions between Patients, independent Healthcare Professionals, and pharmacies through the Platform. This section outlines the relationship with third-party services, including pharmacies and other external providers, and the limits of pH7's responsibility regarding their operations.
12.1 Interaction with Connected Pharmacies
Prescription Fulfilment:
The Platform provides a secure means of transmitting prescriptions from Healthcare Professionals to connected pharmacies for fulfilment.
Patients have the option to use a pharmacy connected to the Platform or choose another licensed pharmacy of their preference.
Independent Operation of Pharmacies:
Connected pharmacies operate independently of pH7. They are solely responsible for fulfilling prescriptions, including the accuracy, quality, and timely delivery of medications.
pH7 does not oversee or control the practices, policies, or compliance of pharmacies.
Pharmacy-Patient Relationship:
Once a prescription is transmitted to a pharmacy, the relationship regarding the prescription is exclusively between the Patient and the pharmacy. pH7 is not involved in the dispensing, handling, or payment for medications.
12.2 Use of External Services
Third-Party Tools and Services:
The Platform may integrate or connect with third-party tools and services, such as payment processors, identity verification systems, or analytics providers, to enhance its functionality and ensure secure operations.
Use of such services is subject to the terms and conditions and privacy policies of the third-party providers.
Patient Responsibility:
Patients are responsible for reviewing and understanding the terms and privacy policies of third-party services they interact with via the Platform.
No Liability for Third-Party Services:
pH7 is not liable for any issues, losses, or damages arising from the use of external tools or services, including errors, delays, or security breaches caused by third-party providers.
12.3 Platform’s Non-Affiliation with Pharmacies or Healthcare Providers
Independent Entities:
Healthcare Professionals and pharmacies that use the Platform are independent entities. They are not employees, agents, or representatives of pH7.
pH7 does not endorse or guarantee the services, practices, or compliance of any Healthcare Professional or pharmacy.
Limitations of Responsibility:
pH7’s role is limited to providing the technology that facilitates secure communication and interactions. It does not participate in or influence the clinical decisions of Healthcare Professionals or the operations of pharmacies.
No Guarantee of Third-Party Performance:
pH7 makes no warranties or representations regarding the performance, accuracy, or quality of services provided by Healthcare Professionals or pharmacies connected to the Platform.
13. Prohibited Activities
Patients using the Platform are required to act in good faith and in compliance with the law. This section outlines prohibited activities and ensures the protection of pH7, Healthcare Professionals, and other users of the Platform. Violations of this section may result in account suspension or termination, as well as legal action where appropriate.
13.1 Misrepresentation of Health Information
Accurate Disclosure of Health Information:
Patients must provide truthful, accurate, and complete health information during consultations and throughout their use of the Platform.
Any deliberate misrepresentation, omission, or falsification of medical history, symptoms, or other health-related information is strictly prohibited.
Consequences of Misrepresentation:
pH7 reserves the right to suspend or terminate accounts of Patients who provide false or misleading health information.
Misrepresentation that results in harm or improper medical care may be reported to legal authorities or regulatory bodies as required.
13.2 Fraudulent Use of the Platform
Prohibited Activities:
The following activities are strictly prohibited:
Creating fake accounts or using the Platform under a false identity.
Booking consultations for purposes unrelated to legitimate healthcare needs.
Engaging in activities that disrupt, manipulate, or misuse the Platform’s functionality.
Financial Fraud:
Attempting to process unauthorised payments, chargebacks, or fraudulent claims is prohibited. pH7 reserves the right to seek restitution or take legal action in cases of financial fraud.
Platform Protection:
pH7 employs monitoring and fraud detection systems to identify and prevent fraudulent activities. Any attempt to bypass these systems will result in account termination and potential legal consequences.
13.3 Abuse or Harassment of Healthcare Professionals
Respectful Communication:
Patients are required to communicate with Healthcare Professionals and pH7 staff in a respectful and professional manner. Abusive, harassing, or threatening behaviour is strictly prohibited.
Examples of Prohibited Conduct:
Using offensive, discriminatory, or inappropriate language during consultations or in communications via the Platform.
Repeatedly contacting Healthcare Professionals outside the Platform for personal or unsolicited purposes.
Pressuring Healthcare Professionals to issue prescriptions, treatments, or diagnoses against their professional judgment.
Protective Measures for pH7 and Healthcare Professionals:
pH7 reserves the right to monitor communications conducted via the Platform to ensure compliance with this section.
Violations may result in immediate suspension or termination of access to the Platform and, where applicable, referral to legal or regulatory authorities.
13.4 General Liability Disclaimer
Indemnification:
Patients agree to indemnify and hold pH7 harmless from any claims, damages, or liabilities arising from prohibited activities, including fraudulent use, misrepresentation, or harassment.
Right to Seek Damages:
pH7 reserves the right to pursue financial restitution or legal action for any losses, damages, or reputational harm caused by prohibited activities.
Non-Waiver:
Failure to enforce any provision of this section does not constitute a waiver of pH7’s rights and does not limit its ability to enforce these Terms in the future.
14. Termination of Account
pH7 reserves the right to terminate or suspend a Patient's account in accordance with these Terms. This section outlines the grounds for termination, the process for appealing or reactivating an account, and the consequences of termination.
14.1 Grounds for Termination
Violation of Terms:
Accounts may be terminated for any violation of these Terms, including but not limited to:
Providing false or misleading health or personal information.
Engaging in fraudulent, abusive, or harassing behaviour.
Misusing the Platform for purposes unrelated to legitimate healthcare needs.
Legal or Regulatory Compliance:
Accounts may be terminated if required by applicable laws, regulations, or directives from regulatory authorities.
Security Concerns:
If an account is determined to pose a security risk to the Platform, including unauthorised access or attempts to disrupt Platform operations, it may be terminated immediately.
Non-Payment:
Failure to pay for services rendered via the Platform, including chargebacks or disputes initiated without valid grounds, may result in account termination.
14.2 Process for Appeal or Reactivation
Notice of Termination:
Patients whose accounts are terminated will receive written notice via email, outlining the reasons for the termination and the effective date.
Appeal Process:
Patients may appeal an account termination by submitting a written request to [ ]within [ ] days of receiving the termination notice.
Appeals must include supporting documentation or an explanation addressing the grounds for termination.
Review of Appeal:
pH7 will review the appeal and notify the Patient of the outcome within [ ] days. The decision to reinstate an account is at the sole discretion of pH7 and may include additional conditions for reactivation.
Reactivation Conditions:
Accounts may be reinstated subject to compliance with specific conditions, such as:
Updating or verifying account information.
Providing assurance of future compliance with these Terms.
14.3 Consequences of Termination
Loss of Access:
Terminated accounts will lose access to all Platform services, including consultations, medical records, and prescriptions stored on the Platform.
Patients are encouraged to download or request copies of their records before termination, where feasible.
Outstanding Payments:
Termination does not absolve Patients of any outstanding payment obligations. Unpaid fees may be pursued through collection efforts or legal action.
Restriction on Re-registration:
pH7 reserves Patients whose accounts are terminated may be restricted from creating new accounts on the Platform without prior approval from pH7.the right to monitor communications conducted via the Platform to ensure compliance with this section.
No Refunds:
Payments for services already rendered or scheduled consultations may not be refunded unless explicitly stated in the Refund Policy.
15. Liability and Indemnity
This section outlines the limitations of pH7's liability, the responsibilities of Patients to indemnify the Platform, and the independent nature of Healthcare Professional decisions to ensure the protection of pH7.
15.1 Limitation of Platform Liability
Platform as a Technology Provider:
pH7 serves solely as a technology provider, facilitating communication between Patients, Healthcare Professionals, and pharmacies.
pH7 does not provide medical advice, diagnoses, treatments, or prescriptions and is not responsible for any clinical decisions or outcomes resulting from consultations.
No Guarantee of Services:
pH7 does not guarantee the availability, suitability, or effectiveness of services provided by Healthcare Professionals or pharmacies.
pH7 does not guarantee the availability, suitability, or effectiveness of services provided by Healthcare Professionals or pharmacies.
Indirect or Consequential Damages:
pH7 is not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of data, financial loss, or personal injury resulting from the use of the Platform.
Maximum Liability:
In jurisdictions where liability limitations are permitted, pH7's total liability is limited to the amount paid by the Patient for services accessed via the Platform in the [ ] months preceding the event giving rise to the claim.
15.2 Patient Indemnification
Indemnity Obligations:
Patients agree to indemnify and hold harmless pH7, its affiliates, employees, and representatives from any claims, damages, liabilities, or expenses arising from:
Misuse of the Platform, including violation of these Terms.
Misrepresentation of health or personal information.
Breach of applicable laws or regulations.
Legal disputes resulting from actions taken by Patients or on their behalf.
Third-Party Claims:
Patients agree to indemnify pH7 against any claims brought by third parties, including Healthcare Professionals or pharmacies, resulting from the Patient’s actions, omissions, or misuse of the Platform.
Costs of Legal Action:
Patients are responsible for covering reasonable legal fees and costs incurred by pH7 in responding to or defending against claims arising from Patient actions.
15.3 No Liability for Healthcare Professional Decisions
Independent Decisions of Healthcare Professionals:
Healthcare Professionals using the Platform operate independently and are solely responsible for the medical advice, diagnoses, treatments, and prescriptions they provide.
pH7 does not influence or participate in clinical decisions and disclaims all liability for the outcomes of such decisions.
Patient Responsibility:
Patients acknowledge that the decision to follow medical advice or treatment plans provided by Healthcare Professionals is entirely their own and at their own risk.
pH7 is not responsible for any adverse outcomes resulting from Patient decisions or failure to follow Healthcare Professional recommendations.
No Guarantee of Healthcare Professional Competence:
pH7 verifies that Healthcare Professionals using the Platform hold valid licenses but does not guarantee the quality, accuracy, or suitability of the care they provide.
16. Dispute Resolution
16.1 Governing Law
These Terms and any disputes arising from or related to the use of the Platform are governed by the laws of the jurisdiction where pH7 operates, at the discretion of pH7.
16.2 Jurisdiction for Legal Disputes
If a dispute cannot be resolved through mediation or informally, it will be submitted to the exclusive jurisdiction of the courts in a location determined by pH7, at its discretion.
17. Amendments to Terms and Conditions
17.1 Notification of Changes
Right to Amend Terms:
pH7 reserves the right to update, modify, or amend these Terms at any time to reflect changes in legal, regulatory, operational, or business requirements.
Notice of Changes:
Patients will be notified of material changes to these Terms through one or more of the following methods:
A prominent notice on the Platform.
An email sent to the registered email address associated with the Patient’s account.
Notification within the user interface of the Platform.
Effective Date:
Changes to these Terms will become effective on the date specified in the notice provided to Patients.
17.2 Continued Use as Acceptance of Updates
Acceptance of Changes:
By continuing to use the Platform after the effective date of updated Terms, Patients agree to be bound by the revised Terms.
Opting Out of Changes:
If a Patient does not agree to the updated Terms, they must cease using the Platform and may request account termination by contacting [ ].
Patient Responsibility:
Patients are responsible for reviewing the Terms periodically to stay informed of any updates or changes.
18. Force Majeure
18.1 Exemption from Liability in Unforeseen Events
pH7 shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control (a "Force Majeure Event"). This includes, but is not limited to, interruptions or disruptions to the Platform resulting from circumstances that could not have been reasonably anticipated or mitigated.
18.2 Examples of Force Majeure Events
Force Majeure Events include, but are not limited to:
Natural Disasters: Earthquakes, floods, hurricanes, or other extreme weather events.
Public Health Emergencies: Pandemics, epidemics, or government-mandated quarantine measures.
Acts of War or Terrorism: Armed conflicts, terrorist attacks, or civil unrest.
Government Actions: New laws, regulations, or government-imposed restrictions affecting the operation of the Platform.
Technical Failures: Internet outages, cyberattacks, or failures of third-party infrastructure or service providers critical to the operation of the Platform.
Labour Disruptions: Strikes, lockouts, or other industrial action.
18.3 Mitigation and Notification
Efforts to Mitigate:
pH7 will make reasonable efforts to mitigate the impact of any Force Majeure Event on the availability and functionality of the Platform.
Notice to Patients:
In the event of a Force Majeure Event, pH7 will notify affected Patients as soon as reasonably practicable, outlining the nature of the event and any expected disruptions.
19. Miscellaneous
19.1 Entire Agreement
These Terms, along with the Privacy Policy and any other policies or agreements explicitly referenced, constitute the entire agreement between the Patient and pH7 regarding the use of the Platform. They supersede all prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.
19.2 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision will be severed from the Terms, and the remaining provisions will remain in full force and effect.
19.3 No Waiver of Rights
The failure of pH7 to enforce any provision of these Terms or to exercise any right under these Terms shall not constitute a waiver of such provision or right. Any waiver must be in writing and signed by an authorised representative of pH7.
19.4 Assignment of Terms
By pH7:
pH7 reserves the right to assign, transfer, or delegate its rights and obligations under these Terms to a third party, including in connection with a merger, acquisition, or sale of assets.
By Patients:
Patients may not assign, transfer, or delegate their rights or obligations under these Terms without the prior written consent of pH7.
20. Contact Information
20.1 Platform Contact Details for Legal or Operational Queries
If you have any questions, concerns, or issues regarding these Terms or the Platform, you may contact pH7 using the details below:
Email: [ ]
Mailing Address:
pH7 Legal Department
[Insert Address]
[City, State/Province, Country, Postal Code]
20.2 Privacy Concerns or Data Requests
For questions related to data protection or privacy, please contact: [ ]