Terms of Services

These Terms and Conditions ("Terms and Conditions") form a legal agreement between Istishartak Ltd and you, the individual ("you" and "your") concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.

By using the Istishartak Websites and/or the Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms and Conditions for your records.

Modifications to these terms and conditions

Istishartak may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Istishartak will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites. The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy are to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.

Access to the platforms

You may access and use the Platforms via remote access connectivity. Istishartak grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, usernames, and passwords. You must safeguard the login information that you use to access the Platforms and you must not disclose this information to anyone.

Istishartak's role

Istishartak is not an insurance provider nor are we a prescription fulfillment warehouse. Istishartak's role is limited to making certain telehealth-related information available to you and/or facilitating your access to telemedicine and expert medical services. Istishartak is independent of healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions, or for any content of the communications made by them. Istishartak does not engage in the practice of medicine or provide any other health services nor any situation.

Your representations and warranties

By registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Istishartak, (iii) the information you have provided to Istishartak in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Istishartak's or its vendors' security measures, (vii) if any information you provide to Istishartak becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Istishartak, (viii) you acknowledge that access to the healthcare services provided through the Platforms are not "insured services" under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Istishartak or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen.

Fees and Purchase Terms.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing ISTISHARTAK with your credit card number, PayPal or Venmo account, and associated payment information, you agree that ISTISHARTAK is authorized to immediately invoice your account for all fees and charges due and payable to ISTISHARTAK hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with ISTISHARTAK to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with ISTISHARTAK, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

ISTISHARTAK reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance unless we notify you in writing that a shorter cancellation window applies.

Termination

If you violate these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. Istishartak may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Istishartak may have available at law. Further, Istishartak shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Up, on any termination of these Terms and Conditions, you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited uses

In using the Websites and Platforms, you agree not to:

• Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

  • Misrepresent your identity or affiliation in any way;

  • Restrict or inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;

  • Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;

  • Gain unauthorized access to the Websites and Platforms, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;

  • Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

  • Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

  • Violate any applicable laws or regulations in any way;

  • Alter or modify any part of the content or services offered on or through the Websites and Platforms;

  • Allow any other person to use the Platforms with your registration or login information;

  • On the contrary you will be under penalty of violation and responsibility.

  • Breach or otherwise circumvent Istishartak's security or authentication measures; and

  • Assist or permit any persons in engaging in any of the activities described above.

Intellectual property rights and content

Istishartak is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret, and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Istishartak reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

You may provide input, comments, or suggestions regarding the Websites and Platforms or Istishartak Services ("Feedback"). You acknowledge and agree that Istishartak may use any Feedback without any obligation to you and you hereby grant Istishartak a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Istishartak may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

External links

The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Istishartak, and Istishartak is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Istishartak endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Istishartak disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Istishartak. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Istishartak assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and limitation of liability

You agree to defend, indemnify and hold Istishartak, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Istishartak Party and collectively Istishartak Parties), harmless from and against any claims, actions, or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Istishartak of any other information or data and the use of same by Istishartak or other Istishartak Party as contemplated hereunder.

Indemnification and limitation of liability

You agree to defend, indemnify and hold Istishartak, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Istishartak Party and collectively Istishartak Parties), harmless from and against any claims, actions, or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Istishartak of any other information or data and the use of same by Istishartak or other Istishartak Party as contemplated hereunder.

IN NO EVENT SHALL Istishartak BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Istishartak shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Istishartak's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Istishartak disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Istishartak does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes them available are free of viruses or other harmful components.

Istishartak makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. Istishartak assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Websites and/or Platforms.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Personal information and privacy policy

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by Istishartak solely in accordance with these Terms and Conditions, and Istishartak's Web and Mobile Privacy Policy.

You agree that Istishartak has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with the Cookie Policy.

Waiver

No delay or omission by Istishartak to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Istishartak must be in writing and signed by an authorized representative of Istishartak.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Istishartak as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between Istishartak and you.

Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with Istishartak's prior written consent. Istishartak may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Istishartak LTD.

Malta