Last updated 23 Januar 2021
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by Homeklinik. This includes the mobile and tablet versions as well as any other version of Homeklinik accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY INFORMATION OR SERVICE FROM THE “HOMEKLINIK” WEBSITE.
This agreement sets forth legally binding terms for your use of Homeklinik. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Homeklinik. You agree to be bound by any modification to this terms and conditions when you use Homeklinik after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Homeklinik may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this platform for children under 16 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you wish to register to receive services and consultations from other registered users (Providers) through the platform, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under the law. You also agree: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Homeklinik (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Homeklinik reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time. For the proper functioning of the platform, we may collect information about your health, during registration or during the provision of consultations. The information about the health of the clients provided to the platform is handled in a confidential manner with the only purpose of obtaining online consultations from the Providers. Homeklinik will collect and store your health-related information in accordance with HIPAA (Health Insurance Portability and Accountability Act of 1996).
If you wish to become a Provider (healthcare professionals), you must read this agreement and indicate your acceptance during the registration process, in order to provide services and respond to user consultations through the Homeklinik platform. Healthcare professionals must undergo a verification process in order to create a profile on the platform. During the verification process, healthcare professionals must upload photos of the front and back of the ID or the passport, a photo of the health professional and a photo of their title /diploma /certificate or license. Once the verification is approved, the health care professional can create a live profile.
In consideration of your use of the service as a Provider and to provide the services to registered users through the platform, you declare that you are of legal age to form a binding contract under the laws. You also agree to: (a) provide true, accurate, current and complete information about yourself during the registration and verification process and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Homeklinik reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform (or any portion thereof) at any time.
Through the platform, the Providers will be able to receive information related to the health of the Clients. Homeklinik declares that the information provided by Homeklinik, will be used with the only purpose of making the consultations and provide the services. The information provided by clients through the Homeklinik platform, shall be treated as confidential information and its disclosure is prohibited. Disclosure of personal information or unauthorized use of such information may result in a violation or an offence.
If you register on Homeklinik, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Homeklinik of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Homeklinik.
Homeklinik will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Homeklinik with your email address and phone number you consent to our use of your email address to send you notices about the services, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
The users may terminate their accounts any time, for any reason, by following the instructions on Homeklinik. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Homeklinik.
Homeklinik reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Homeklinik believes that you have breached any of these terms, furnished Homeklinik with false or misleading information, or interfered with use of the website or the service by others.
When you purchase a service or consultation offered by a Provider, you are offering to buy the service for the price advertised by that Provider. Providers will have full autonomy to determine prices for their services and consultations.
When a user makes a purchase for a service offered by the Provider, Homeklinik will send an email to confirm that the order and purchase of the service has been received. This email confirmation will automatically occur so that the user has confirmation of their purchase and instructions for coordinating and scheduling the session with the Provider.
Users (Customers) will be able to browse through the Provider profiles and choose the healthcare professional that best suits their needs according to the consultation prices published by the Providers.
Users will be able to schedule and purchase consultations in the Provider’s profile using their e-wallet credits or directly by credit/debit card payment. The consultations can be made by video or audio through our platform according to the time scheduled to purchase the service. Once the consultation is completed and approved by the User (customer), the funds from the corresponding consultation will be transferred to the Provider’s e-wallet.
When you purchase a service or consultation offered by a Provider, you are offering to buy the service for the price advertised by that Provider. Providers will have full autonomy to determine prices for their services and consultations.
When a user makes a purchase for a consultation offered by the Provider, Homeklinik will send an email to confirm that the order and purchase of the service has been received. This email confirmation will automatically occur so that the user has confirmation of their purchase.
Users may cancel scheduled consultations up to 12 hours before the scheduled consultation time. If the consultation is cancelled 12 hours before the scheduled time, the funds will be returned to the User’s e-wallet. If the cancellation is made after 12 hours before the scheduled time the funds will be transferred to the Provider’s e-wallet.
If the healthcare professional does not attend the consultation, the total value paid for the consultation will be returned to the user’s e-wallet.
The users through their accounts will have an electronic wallet where they can obtain or buy credits to access the services of the platform. The amount of the credits acquired will be reflected in the respective electronic wallet of the user. The credits can be used to access the services and queries offered by the user Providers.
All payments to Homeklinik are handled securely. The credits will be paid through “Stripe” and PayPal (payment platform available in Homeklinik).
A fee of 7,5% of the total amount of the purchase will be applied to the purchase of the credits. The percentage of the fee will be deducted from the total value of each purchase or credit recharge.
The payment will be charged to your credit/debit card or your PayPal account, immediately after you purchase the corresponding credits. Once the purchase is made, the credits will be reflected in your e-wallet with the value of the commission discounted. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. The purchase of the credits is final and non-refundable. Please verify the amount of credits you wish to purchase before making a purchase.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the credits. Homeklinik reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the credits.
The Providers will receive the payments for the provision of their services by the users through the credits deposited in their electronic wallets, the earned funds will be transferred upon withdrawal request through bank wire (SEPA transfer) or “PayPal” to provider’s bank account.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
Providers and the services offered by them are not offered or provided by Homeklinik.
Homeklinik’s services are limited to providing the platform that allows users to search for and hire the services (consultations) of healthcare professionals. Our services are limited only to providing the platform to facilitate communication between users. Homeklinik is not responsible at any time for the services offered by Providers. Homeklinik is not responsible for the accuracy, safety or legality of the services or information published by Providers. Homeklinik is not responsible for the diagnoses made by Providers.
Disputes arising between users will be resolved by the users themselves. Homeklinik does not accept any complaints regarding services offered by Providers or the provision of these services.
Homeklinik is not responsible for any damage to the physical or moral integrity of individuals, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the Homeklinik platform. The communications and relationships established between users as a result of any connection within the Homeklinik website are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another or other users, each and every user involved in such claim or action releases Homeklinik from any liability.
Identifying Providers on the Internet is difficult. For these reasons, Homeklinik cannot and does not guarantee the truth or accuracy of Providers’ credentials or identities and the information provided by Providers. You acknowledge that Homeklinik will not be liable for any loss or damage caused by your reliance on and use of any information or content obtained from other users.
Homeklinik gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Homeklinik as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Homeklinik, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Homeklinik application or third parties.
Homeklinik reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Homeklinik believes that you have violated any of these terms or interfered with the use of the website or service by others.
You understand that Homeklinik and software embodied within Homeklinik may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Homeklinik and/or content Providers who provide content to Homeklinik platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Homeklinik.
All materials on Homeklinik, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Homeklinik or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Homeklinik are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Homeklinik prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Homeklinik or any part of the material for any purpose other than its intended purposes is strictly prohibited.
Homeklinik respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Homeklinik website infringe upon your copyright or other intellectual property right, please send the following information to:
Certain features of the website may permit users to upload content, which may be comprised of messages, video, images, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. Homeklinik is not responsible for the accuracy, safety or legality of user content published in the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content.
By providing user content to or via the service, you grant Homeklinik a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Homeklinik disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Homeklinik and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Homeklinik, the Service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Homeklinik to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
Homeklinik may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Homeklinik with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Homeklinik does not permit copyright-infringing activities on the service.
Homeklinik contains content of third-party licensors to Homeklinik, which is protected by copyright, trademark, patent, trade secret and other laws. Homeklinik owns and retains all rights, title and interest in the content. Homeklinik hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Homeklinik or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Homeklinik and using the services.
Any dealings with third parties included within or on Homeklinik involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Homeklinik is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Homeklinik does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Homeklinik or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Homeklinik is provided to you for informational purposes only. Homeklinik encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Homeklinik works to ensure the information on Homeklinik is current and accurate.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Homeklinik or licensed to the Homeklinik by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
Homeklinik will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet Homeklinik provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Homeklinik for any loss or damage caused as a result.
Homeklinik will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Homeklinik excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Homeklinik and Homeklinik shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
No responsibility will be accepted by Homeklinik for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Homeklinik from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Homeklinik without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Homeklinik website, will be settled by binding arbitration between you and Homeklinik, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of Hong Kong. Use of Homeklinik platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.