Terms & Conditions
These Terms and Conditions (the "Terms") are a legally binding agreement between you (the "User", "You" and "Your") and ApnaClinic powered by Pakistan Mobile Communications Limited ("Jazz", "We" or "Us") in collaboration with eConceptions. You acknowledge and agree that Your use of the ApnaClinic platform and application (the "Platform/App") and the software and related services, website(s) and mobile application(s) (collectively referred to as the "Service") through ApnaClinic's Platform/App and website at https://pharmacy.apnaclinic.com.pk/ (the "Website") will be governed by these Terms, the Privacy Policy available on the Website at https://pharmacy.apnaclinic.com.pk/privacy-policy (the "Privacy Policy"), and any other rules, guidelines, or policies referenced herein and/or made/revised from time to time. The User and Jazz shall, wherever the context so requires, be collectively referred to herein as the "Parties" and individually as a "Party."
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY AND THAT YOU WILL BE BOUND BY THEM IF YOU CHOOSE TO ACCESS OR USE THE APNACLINIC PLATFORM.
By accepting these Terms in any manner, or accessing or using ApnaClinic Platform/App/website, including the Services described therein, you confirm that you have read, understood, and expressly consent, agree, and undertake to abide by and be bound by these Terms and the Privacy Notice as well as any other policies, rules and guidelines referenced herein or updated from time to time. You also specifically permit us to collect data related to you or your device or Services enabling us to design, upgrade or add new features to ensure provision of better services in accordance with our Policies.
If you do not agree to these Terms, the Privacy Notice or any other applicable terms or policies, you must not use ApnaClinic or any of the Services associated with ApnaClinic.
1. Terms of Use
- Jazz is the provider of the IT enabled Platform/App whereas the Services (particularly including backend support, maintenance and other technical aspects) is provided by its vendor, namely eConceptions (the "Vendor"), wherein the Services will enable you to obtain access to various health-related services and products including, but not limited to, tools providing for booking of virtual and in-person medical consultations, lab tests as well as e-pharmacy facilities ("health related services & products" — as detailed in Clause 2 below) from different "Service Providers" (such as Mediq, Oladoc, etc. onboarded by ApnaClinic for this purpose) which you may purchase, as you deem fit, in accordance with the Terms set forth herein. Each time you visit, browse, or use the Platform/App or related Services, you will be deemed to have accepted these Terms, any rules and policies referenced herein, and you agree to be bound by them.
- The Platform/App utilizes various features of Your device to enhance functionality. This may include but shall not be limited to, location services, sensors such as the altimeter and accelerometer, and modifications to memory and storage. Additionally, it may access phone statistics, identity details, and device features like file systems, contacts, call logs, camera, SMS inbox, and Wi-Fi connections.
- These features serve specific purposes to enhance Your experience, which include the following:
- Location Services: Enable us to offer services and products tailored to Your location and send location based notifications.
- Camera/Gallery Access: Facilitate the upload of necessary documents for efficient verification and processing of transactions.
- Logs and History: Maintain a transparent record of Your interactions and transactions for our and Your reference.
- By continuing to use the Platform, you consent to these uses of Your device's features.
- IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE STOP USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE TERMS AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
- If you have downloaded the Platform from the Google Play Store (for Android users) or the App Store (for IOS users), You will also be subject to Google Play and/or App Store Terms of Service, respectively. If there is any conflict between Google Play Terms of Service and/or App Store Terms of Service and these Terms concerning Your use of the Platform, then, these Terms shall prevail.
2. Products and Services
2.1. The Platform and related Service (as defined above), provides You with access to Service Providers who provide health-related services and products, detailed below, which You may purchase, as per Your own assessment of the suitability of the relevant service/product for Your needs and requirements, as per your discretion, judgment and free will. Further, You acknowledge and affirm that You bear all responsibility for any assessment, judgement or decision which You make to purchase or to refrain from purchasing a particular service/product through the use of the Platform. Jazz or the Platform owner shall not be held responsible in this regard.
2.2. The names, images and logos identifying Jazz and its businesses, affiliates or third parties/Vendors/Service Providers and their products and services are proprietary marks of Jazz and/or the respective affiliates or third parties. Nothing contained in these Terms shall be construed as conferring any license or right under any trademark or intellectual property rights of Jazz or the respective affiliates or any other third party.
2.3. The products and services provided through the Platform (subject to revision) include, but are not limited to:
- Virtual/online medical consultations;
- In-person medical consultations;
- Booking lab tests;
- E-pharmacy facilities.
2.4.You acknowledge and accept that the above-mentioned products and services available on the Platform, including any products/services which may be added thereto, shall be governed by the specific terms and conditions of that product or service made available by the concerned third-party Service Providers ("Product Terms") and You accept that it is Your responsibility to comply with such Product Terms.
2.5. We also provide access to FikrFree insurance products built into the present Platform, which enables You to purchase various insurance products and services from a variety of third-party insurance providers, if you so desire, and in accordance with the terms and conditions of such insurance products and services.
2.6. All medicines available on the Platform are sold and dispensed solely by our Licensed Pharmacy Partner(s). Each pharmacy partner is a duly licensed entity and is the seller on record for your medicine order. The Platform itself does not sell or dispense medicines but only provides the technology that connects you with our Licensed Pharmacy Partner(s). The Drug Sale License (DSL) name and number of the pharmacy partner fulfilling your order are clearly mentioned on your invoice.
3. The Platform and Third-Party Service Providers
3.1. You acknowledge that the Platform serves as an intermediary and a purely technical solution to provide access to the users to the Service Providers for availing their services and products, and Platform is NOT in any case a provider of health-related or medical services, and provides only access to certain third-party providers/Service Providers of health-related and medical services and products which You may purchase, as per Your own assessment and judgment of their suitability at your discretion and free will. In addition to being required to comply with these Terms, Your purchase and use of a particular product or service through the Platform shall be governed by the Product Terms of that product/service, made available by the concerned third-party Service Provider. Accordingly, You agree that You shall be bound by and comply with these Terms as well as the Product Terms for any product/service which You purchase.
3.2. You also acknowledge and agree that the Platform functions solely as an intermediary technical solution and marketplace, facilitating/providing access in good faith to users of this Platform to third-party providers/Service Providers of health-related and medical services or products. Neither Jazz nor the Vendor provides, endorses, or assumes responsibility for any such health related services or products made available through the use of Platform and availed by the users of the Platform. All medical or health-related services and products are offered solely by independent third-party providers/Service Providers through panel of qualified medical doctors/experts of high repute only, and Your decision to purchase or use any such health related service or product is based entirely on Your own assessment and judgement of its suitability and relevance at your discretion and free will. Jazz will not take any responsibility for all actions/situations, including but not limited to, any action or omission or negligence or defects in Service or Products offered by the Service Providers or any panel doctors/experts with respect to health related medical services and products, etc.
(a). In addition to complying with these Terms, Your purchase and use of any product or service via the Platform shall also be subject to the specific terms and conditions (the "Product Terms") made available by the relevant third-party provider/Service Providers/Doctors/experts. By proceeding with any such purchase, You agree to be bound by and comply with both these Terms and the applicable Product Terms.
(b). Accordingly, You expressly agree that the Platform, Jazz and the Vendor shall bear no liability or responsibility whatsoever for any loss, damage, injury, or claim arising from or related to the use of any product or service obtained through the Platform from Service Providers or their assigned Doctors or experts, etc.
3.3. These Terms apply solely to the Service and Products and shall not change, alter or affect any Product Terms between You and any third-party service provider in respect of a particular product or service purchased through the Platform.
3.4. Use of the Service or Platform may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The latest version of certain software may be required for certain transactions or features. You agree that meeting these requirements is Your responsibility.
4. Modifications, Updates and Amendments
4.1. Jazz reserves the right to amend these Terms and the Privacy Policy at its discretion at any time by posting the revised terms in connection with the Service. You are encouraged to periodically review these Terms and any changes to it. Your continued use of the Service following any changes to the Terms and the Privacy Policy will constitute Your acceptance of such changes.
4.2. Jazz reserves the right to add, modify or delete any content or features available in the Platform at any time at its sole discretion. Jazz also reserves the right to suspend or discontinue the Service or access to Platform or any part thereof, at any time and without notice (except as required pursuant to applicable law) and Jazz will not be liable to You should it exercise such rights, even if Your ability to use the Service or access to Platform is impacted by the modification or change.
5. Using the Platform
5.1.You are responsible for maintaining the confidentiality of Your user identification, password, account details and related private information ("Credentials"). This is to ensure that Your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of Your account. You should inform Us immediately at our official customer care handle support@apnaclinic.com.pk if you have any reason to believe that your Credentials have become known to anyone else, or if the Credentials are being, or are likely to be, used in an unauthorized manner.
5.2. You agree and acknowledge that any use of the Platform and related services offered and/or any access to private information, data or communications using your account and Credentials shall be deemed to be either performed by You or authorized by You, as the case may be. If You delay in informing Us of any unauthorized use or likely unauthorized use of Your Credentials or You are otherwise at fault in not protecting Your Credentials, You will be liable for any misuse or losses which arise.
5.3. If You permit anyone else to use or access the Platform using Your account, you acknowledge that these Terms as well as any consents You may have provided also applies to their access, use, and disclosure of information.
5.4. In order to access or use the Platform you must register an account. For such registration, You must be at least eighteen (18) years of age.
5.5. Including when required by law or by our partners/Service Providers, We may require You to provide evidence of government-issued photo ID or other ID in an approved form and reserve the right to reject Your request(s)/transaction(s) if such ID is not provided to our reasonable satisfaction. You must co-operate with and pass all other identification, anti-money laundering, fraud-protection or security checks which We or our partners/Service Providers may operate.
5.6. By accessing or using the Platform:
(a). You confirm and warrant that all the data and information you supply to Jazz and or any of Jazz's affiliates/Service Providers ("Registration Data") is accurate in all respects and at all times.
(b). You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times.
(c). You acknowledge that Jazz contracts with You and is responsible for providing the Platform in Pakistan and that Jazz is the data controller, as set out in detail in the Privacy Policy which has been incorporated by reference into these Terms.
5.7. When you use the Platform, you may be given the opportunity to consent to or opt out from receiving communications from ApnaClinic/Us through email, text, and/or mobile push notifications or any other method Jazz may provide. Standard text and calling rates will apply. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialing systems. For details on opting out of marketing material, kindly refer to the Privacy Policy. You acknowledge that you are not required to consent to receive promotional texts, emails, or calls or any other communication as a condition of using the Platform.
5.8. During Service activation, You consent to receiving text messages and other communications for new features/updates in the Platform.
6. General Disclaimers
6.1. By using the Platform, You agree that You are fully able and competent to understand and accept these Terms as a binding agreement and to abide by these Terms and any rules and policies referenced herein.
6.2. You shall not use or access the Platform by any other means other than through the interfaces that are provided and shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
6.3.You shall not host, display, upload, modify, publish, or share any information on the Platform that belongs to another person to which You do not have any right; or is grossly harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or engages in any activity that interferes with or disrupts access to the Platform or the servers/networks; or falsifies or deletes any author attributions, legal or other notices, proprietary designations, labels of the origin or source of software, or other material on the Platform; or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing or which is patently false or misleading but may reasonably be perceived as a fact.
6.4. You agree that in case of non-compliance with applicable laws, or with these Terms or with the Privacy Policy, We have the right to terminate your access or usage rights to the Platform immediately. You hereby agree that You will never use the Platform in violation of any applicable law or these Terms, the Privacy Policy or any of the rules or policies referenced herein.
6.5. Jazz shall use reasonable skill and care in providing the access to Platform/Service. The following disclaimer is subject to this express warranty. We shall not be liable for any use or misuse of the Personal Information shared by You with Us or a third party on Your profile on the Platform.
6.6. Pursuant to Clause 4, We reserve the right to change the Terms from time to time, and such changes will apply to You if You continue to use the Platform at any time after such changes are posted on the Platform.
6.7. We recommend that You visit the Platform periodically to ensure that You are aware of the most recent Terms. You acknowledge that You are solely responsible for keeping yourself informed as to any changes to the Terms. If You do not wish to agree to any changes to these Terms, please cease using the Platform.
7. Payments
7.1.You are responsible for the timely payment of all fees and charges related to Services, Products and access to Platform including health related services and products procured from Service Providers and for providing Jazz with a valid credit card, digital wallet or payment account details or any other payment method accepted by Jazz for purchase of any products/services at the Platform ("Payment Method") that You have selected. You may be required to provide personal information to Jazz in relation to such Payment Method.
7.2. You agree, understand and acknowledge that Jazz facilitates a third-party payment gateway for processing of payments. This facility is managed by a third-party payment gateway provider. For certain Payment Methods, you are required to follow all the terms and conditions of such third-party payment gateway provider which are referred to on the Platform and/or such third-party platform, if specified therein. You acknowledge, that you are additionally bound by the terms and conditions of the third-party payment gateway and/or such third-party platform as per the Payment Method used for making payments.
7.3. You are responsible for the accuracy and authenticity of the payment information you provide including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that You have the right to use any credit card or other payment information (including relating to any Payment Method) that You submit. You agree and acknowledge that Jazz shall not be liable and shall in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental, or consequential, including, without limitation, any losses due to delay in processing of payment instruction or any credit card fraud.
7.4. Upon payment being received by Jazz through any Payment Method, Jazz shall make the relevant Service available to You through any of the approved modes of delivery that Jazz adopts.
7.5. The fees and charges specified for each Service are inclusive of all applicable taxes. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party internet access charges, bank charges and taxes not included within the fee in connection with Your use of the Platform, which may differ based on your service provider. Please check with your internet provider, bank, Payment Method service provider for information for such charges.
7.6. For service cancellation, please contact the helpline of the partner given within the app. The partner will confirm and refund will be processed.
7.7. Jazz reserves the right to change the accepted methods of payment or billing provider at its sole discretion; Jazz further reserves the right to change the applicable fees or run special offers from time to time.
8. Advertisements, Contests and Promotions
8.1. Jazz may include or offer third-party products on the Platform through digital advertisements, whether fetched directly from advertisers or sourced from ad networks. Jazz does not represent and warrant that advertisements of the products or services on the Platform or the third-party content made available/hosted on the third-party sites are true and correct. Accordingly, Jazz takes no responsibility over and expressly disclaims any liability arising out of, the advertisements or usage of such advertised products or services. Any dealings You have with advertisers due to your use of the products or services advertised on the Platform are between You and the advertiser, and You agree that Jazz is not liable for any loss or claim that You may have against an advertiser. While all responsibility and liability for the products and services provided through the Platform, as well as their advertisements, promotions and contests, shall remain with the concerned third-party service provider, Jazz shall, in accordance with Clause 14 of these Terms, take such steps as may be practicable to facilitate the resolution of such issues.
9. Disclaimer of Warranty
9.1. Jazz shall use reasonable skill and due care while maintaining the Platform/App or in providing the service. The following disclaimers are subject to this express warranty:
(a). Jazz does not guarantee, represent, or warrant that your use and access of the Platform or Service will be uninterrupted or error-free, and You agree that from time to time Jazz may remove the Service or block access to Platform for indefinite periods of time, or cancel the Service in accordance with these Terms. Without prejudice to this Clause 9.1(a), any queries, complaints and requests in this regard may be directed to Jazz, in accordance with Clause 14 of these Terms.
(b). You expressly understand and agree that the Service and all information, materials, services and functions contained therein including, software programs, data, databases, texts, graphics, photographs, animations, audio, music, video, links or other materials are provided on an "as is" and "as available" basis. Jazz and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any warranties of title, fitness for a particular purpose, non-infringement of third party, merchantability, satisfactory quality, compatibility, reliability, and freedom from computer virus or other malicious, destructive or corrupting code, agent and program or macros. In particular, Jazz and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that:
- (i) the Service will meet your requirements;
- (ii) your use of the Service will be timely, uninterrupted, secure or error-free;
- (iii) any information obtained by you as a result of the Service will be accurate or reliable; and
- (iv) any defects or errors in the software provided to you as part of the Service will be corrected.
(c). Jazz does not represent or guarantee that the Service or access to Platform will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Jazz disclaims any liability relating thereto.
(d). Any material downloaded or otherwise obtained through the use of the Service/Platform is accessed at your own discretion and risk, and You will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material.
(e). You acknowledge and accept that the Service or Platform is not intended or suitable for use in situations or environments where the failures or time delays of, or errors or inaccuracies in the content, data or information provided by the Service could lead to loss to person or property in any manner whatsoever.
(f). You expressly acknowledge and accept that the use of such facilities as virtual or in-person medical consultations, e-pharmacy facilities and booking of lab tests are primary care services and shall only be used for non-emergency conditions.
(g). You further acknowledge and accept that the use of such facilities as virtual medical consultations shall be limited to consultations where in-person physical examinations can be bypassed.
9.2. For the avoidance of doubt, Jazz does not warrant that:
(a). The Platform will meet the User's expectations;
(b). The results obtained through the use of the Platform will be as per users' expectations deemed as correct and reliable;
(c). The quality of the products, services, information, or other material obtained by the User through the Platform will meet the User's expectations.
9.3. The User shall be solely responsible for damages to his or her data, system or for loss of data arising from downloads of content from the Platform.
9.4. No guidance or information, written or oral, obtained from any party or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.
9.5. In addition, Jazz makes no warranty regarding any applications, products or services that may be or which are purchased or obtained by Users, or any transactions entered into, through the Platform.
10. Indemnification and Limitation of Liability
Indemnification
10.1.To the extent not prohibited by law, You agree to defend, indemnify and hold Jazz and its Platform, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) Your use of the Service; (b) any violation by You of these Terms; (c) any action taken by Jazz, acting reasonably, as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred; or (d) Your violation of any rights of another. This means that You cannot sue Jazz, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision, acting reasonably, to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Jazz's conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms. This obligation shall survive the termination or expiration of these Terms and/or Your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that these Terms apply to any and all usage of your Account. You agree to comply with these Terms and to defend, indemnify and hold harmless Jazz from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by You.
Limitation of Liability
10.2. Jazz shall use reasonable skill and care while maintaining the Platform and in providing the Service.
10.3. You expressly understand and agree that the Platform including Jazz and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses, resulting from: (i) the use or inability to use the Service; (ii) any changes made to the Service or any temporary or permanent cessation of the Service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the Service; (v) statements or conduct of any third party on the Service; and (vi) any other matter relating to the Service.
10.3. You expressly understand and accept that it is solely Your responsibility to ensure that You familiarize yourself with and adhere to the Product Terms of any product or service You may purchase through the Platform made available by the concerned third-party Service Provider. Further, You accept that We are not accountable or liable for any loss or harm You may suffer or incur as a result of the Product Terms in respect of any such product or service You may purchase or for any acts, omissions, errors or defaults of any third-party service provider in reference to those Product Terms.
10.4. Jazz exempts itself from any claims for damages relating to the use or access of the Platform, function, quality, and possible errors, bugs, glitches and other factors relating to the Platform.
10.5. You expressly understand and accept that We do not, under any circumstances, act as a provider of health-related and medical products and services and, consequently, the purchase of any such product or service through the Platform shall constitute an agreement solely between You and the concerned third-party Service Provider, wherein Jazz can neither guarantee/warrant for the quality of the services provided by a third-party Service Provider.
10.6. You further acknowledge and affirm that nothing contained in these Terms or terms on the Platform or elsewhere shall represent, or be deemed to represent, an offer by Us to You to purchase any health-related or medical product or service or to enter into any agreement with You in respect of any such product or service. Furthermore, You accept that while We may, from time to time, suggest certain products or services to You, these suggestions shall not constitute offers to purchase such products or services and that it remains Your responsibility to determine the suitability of any particular product/service as per Your needs and requirements and make a conscious decision in this regard.
10.7. Jazz shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.
10.8. This clause (Clause 10) shall survive the termination of these Terms.
11. Intellectual Property
11.1.You acknowledge and agree that Jazz and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
11.2. The use of the software or any part of the Service, including use of the Platform, except for use of the Service as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
12. Force Majeure
12.1.Jazz shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Jazz or its Platform and unreasonably complicating Jazz's activities. Examples of force majeure events include, but shall not be limited to, real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other event beyond Jazz's control hindering, delaying or complicating the maintenance of the Platform entitles Jazz to suspend or limit the Platform until further notice.
13. Termination of Service
13.1. For service cancellation, please contact the helpline of the partner given within the app. The partner will confirm and refund will be processed. To terminate Your account immediately, You may contact us at support@apnaclinic.com.pk.
13.2. Jazz may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of Your account and/or access to the Service. Cause for such termination shall include, but is not limited to:
- violations of these Terms or any other policies or guidelines that are referenced herein and/or posted on the Service;
- a request by You to cancel, unsubscribe or terminate Your account;
- a request and/or order from law enforcement, a judicial body, or other government agency;
- where provision of the Service to You is or may become unlawful;
- unexpected operational, technical or security issues or problems;
- Your participation in fraudulent, deceptive, or illegal activities;
- failure to pay any fees owed by You in relation to the Service, Product Terms, and access to Platform;
- misuse of the Service, including but not limited to spamming, harassment, abuse of healthcare providers, or other users;
- providing false, inaccurate, or misleading information during registration or use of the Service;
- actions that cause or may cause harm to Jazz's reputation, goodwill, or business operations;
- violation of applicable healthcare regulations, data protection laws, or other statutory requirements;
- attempts to gain unauthorized access to other accounts, networks, or systems connected to the Service;
- resale or commercial exploitation of the Service/Platform without authorization;
- repeated complaints from healthcare Service Providers, Panel doctors of Service Providers or other users about Your conduct on the Platform.
13.3. Any such termination or suspension shall be made by Jazz in its sole discretion and Jazz will not be responsible to You or any third party for any damages that may result or arise out of such termination or suspension of Your account and/or access to the Service/Platform.
13.4. Upon termination of these Terms for any reason whatsoever, all rights and/or licenses granted to the User under these Terms shall immediately cease and terminate and the User shall forthwith cease the access and use of the Platform and the Service in any way whatsoever.
14. Information or Complaints
14.1. All queries, complaints and requests pertaining to the Service or Platform must be directed to Jazz at support@apnaclinic.com.pk. For matters specifically related to the technical support, maintenance and other technical and operational aspects of the Platform, such requests, queries and complaints shall be forwarded by Jazz to the Vendor and the same shall be handled exclusively by the Vendor. Jazz shall take such steps as may be practicable and coordinate with the Vendor as necessary to facilitate the resolution of such issues; however, the primary responsibility for all technical and operational issues pertaining to the Platform lies with the Vendor. Please ensure all communications are detailed and provide sufficient information to facilitate resolution.
14.2. All queries, complaints and requests with respect to any health care product/service purchased through the Platform shall be directed to Jazz at support@apnaclinic.com.pk. Jazz shall in good faith, in turn, forward such requests, queries and complaints to the concerned third-party Service Provider for resolutions. While all responsibility and liability in respect of the products and services provided through the Platform, and any claims pertaining thereto, shall remain with the aforesaid third-party Service Provider, Jazz shall, upon complaint, coordinate with Service Providers and take such steps as may be practicable to facilitate the resolution of such issues of the user, without accepting any liability in this regard.
15. Additional Provisions
15.1. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
15.2. These Terms constitute the entire agreement between You and Jazz, governs Your use of the Service/Platform and completely replaces any prior agreements between You and Jazz in relation to the Service/Platform. You may also be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software or services of Service Providers. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
15.3. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You shall have no right to assign these Terms or any benefits or obligations hereunder to any other party or legal entity. Any attempted assignment shall be void and may lead to legal actions including termination/blocking of your access to the Service/Platform, etc.
