Terms and Conditions


Last Updated 25 Oct 2023

1. Introduction

1.1. Welcome to Hygiai's Healthcare Services

Welcome to Hygiai's web-based healthcare services, including the associated applications and technologies offered by Hygiai Technology (referred to as 'Hygiai,' 'we,' 'our,' or 'us'). We appreciate your choice of Hygiai's healthcare services and accompanying applications and technologies provided by Hygiai Technology.

1.2. Acceptance of Terms and Conditions

By creating a Hygiai account, using our Services, or continuing to use our Services, you indicate your acceptance of these Terms of Use. To ensure you have a record, we advise you to carefully read, print, and save a copy of these Terms, as Hygiai does not store them for you.

1.3. Changes to Terms and Conditions

We reserve the right to modify, vary, amend, or supplement these Terms of Use at any time and from time to time. We will post the updated version of these Terms of Use, which incorporate any such changes on the Platform, and each such change will be effective upon posting on the Platform or upon the date designated by us as the “Effective Date” (if any). Your continued use of the Platform and any part of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

1.4. Privacy Policy and Other Policies

By accessing and using the Hygiai Services, you also confirm your consent to our Privacy Policy, Cookie Policy, and all other policies and additional terms (if applicable) posted and as amended from time to time on the Platform, collectively referred to as 'Policy Documents.' These Policy Documents set out the terms on which we provide you with access to and the use of our Platform and all of our Services.

2. Definitions

2.1. Definitions of Key Terms

In these Hygiai Terms of Use ('Terms'), certain key terms are used, and we provide definitions for clarity:

  • 'Services' encompass a wide range of products, services, websites, content, databases, software, technologies, and tools provided by Hygiai.
  • 'Platform' refers collectively to our websites, including www.hygiai.com, and any other websites we may operate periodically, as well as our mobile applications.
  • 'Practitioners' are providers such as doctors, pharmacists, nurses, physiotherapists and other healthcare specialists.
  • 'User' or 'you' refers to individuals or legal entities using our services.
  • 'Profile' pertains to user accounts and profiles.
  • 'Symptom Checker' is a test based on artificial intelligence, for preliminary assessment of your condition in order to help choose a practitioner for final diagnosis and diagnosis.
  • 'Appointment Booking Service' is the tool that aims to provide users with the opportunity to make an appointment with a practitioner on a convenient day, time and with a convenient location.
  • 'Home Healthcare Facility' enables users to book and call a practitioner at home for consultation or procedures.
  • 'Pharmacy Facility' allows patients to locate nearby pharmacies.
  • 'Laboratory Facility' enables patients to discover nearby laboratories.
  • 'Radiology Facility' helps patients locate nearby radiology facilities.

These definitions are provided to enhance understanding throughout these Terms and ensure clarity in our communication.

3. Platform Provider

3.1. Description of Hygiai as a Platform Provider

We want to make it clear that we are a platform provider and do not provide genuine medical or other healthcare services. Our main goal is to connect the user and the practitioner for further diagnosis, treatment or examination.

3.2. Scope of Services

We oversee and provide a range of services through our websites, including www.hygiai.com, and any other websites we may operate periodically (collectively referred to as the 'Sites'), as well as our mobile applications (referred to as the 'Applications' and collectively with the Sites, the 'Platform'). These services are mentioned in Section 2.

4. Parties

4.1. Identification of the Parties

This section of the Terms and Conditions document clarifies who the involved parties are. It outlines the legal entities and individuals involved in the agreement.

Parties:

The 'Provider,' 'we,' 'our,' or 'us' refer to Hygiai Technology LLC, a limited liability company duly registered in the United Arab Emirates under commercial license number Abc12345, with its registered office located in Dubai, United Arab Emirates.

The 'User,' 'you,' 'your,' or 'yours' refer to individuals or legal entities accessing or using the services provided by Hygiai Technology LLC.

4.2. User Categories

This section outlines the different categories of users who may access and use the Hygiai platform. It distinguishes between individual users and entities that may use the services.

User Categories:

a) 'Individual User': An individual who registers for an account and uses the Hygiai platform for personal healthcare services.

b) 'Entity User': A legal entity, such as a clinic or hospital, that registers for an account and uses the Hygiai platform for healthcare services involving multiple individuals within their organization.

5. Platform Provider

5.1. Description of Services Provided by Hygiai

This section provides a detailed description of the services offered by Hygiai. It outlines the primary functions and features of the platform.

Description of Services Provided by Hygiai:

Hygiai provides a web-based platform, accessible at www.hygiai.com, and associated mobile applications (referred to as the 'Platform'). The services offered through the Platform encompass a wide range of healthcare-related products, services, websites, content, databases, software, technologies, and tools. These services include, but are not limited to:

Establishment and modification of user accounts and profiles ('Profile').

Services offered collectively as the ('Services')

A symptom identifier based on medical conditions and history ('Symptom Checker').

An appointment booking service, including Teleconsultation and In-Visit Consultation ('Appointment Booking Service').

Consultations conducted in the comfort of your own home ('Home Healthcare Facility').

A pharmacy service allowing patients to locate nearby pharmacies ('Pharmacy Facility').

A laboratory service enabling patients to discover nearby laboratories ('Laboratory Facility').

5.2. Service Availability and Limitations

This section specifies the availability and potential limitations of the services provided by Hygiai. It is important for users to understand the scope and constraints of the services.

Service Availability and Limitations:

a) Availability: Hygiai strives to ensure the availability of its services, but we do not guarantee uninterrupted access. The availability of specific services may be subject to factors beyond our control, including technical issues, maintenance, or external interruptions.

b) Limitations: While we aim to provide accurate and reliable healthcare information, our platform is not a substitute for professional medical advice. That is why our main goal is to connect the user with a practitioner for diagnosis, full consultation and further treatment.

5.3. Medical Disclaimer

This section emphasizes that Hygiai does not provide genuine medical or healthcare services.

Medical Disclaimer:

Hygiai is a platform provider and does not offer medical, dental, nursing, or other healthcare professional services. Information provided on the platform should not be considered a substitute for professional medical advice, diagnosis, or treatment. Users should always consult with qualified healthcare providers for their healthcare needs.

5.4. Emergency Services

This section underscores that users should not use the platform for emergency medical needs and should contact local emergency services in such situations.

Emergency Services:

In the event of a medical emergency, users should not rely on the platform's services. Instead, they should immediately contact their local emergency services or seek immediate medical assistance.

6. Application of Terms and Conditions

6.1. Acceptance of Terms and Conditions

This section outlines the user's acceptance of the Terms and Conditions when accessing and using Hygiai's services. It emphasizes the importance of reviewing and agreeing to these terms.

Acceptance of Terms and Conditions:

By accessing, registering, and/or using our services and platform, you acknowledge and agree to be bound by these Terms and Conditions and our Privacy Policy. These Terms and Conditions are subject to change, and your continued use of the platform after any modifications constitutes your acceptance of the updated terms.

6.2. Modifications to Terms and Conditions

This section explains that Hygiai reserves the right to modify the Terms and Conditions and notifies users that any changes will be posted on the platform.

Modifications to Terms and Conditions:

Hygiai may modify, amend, or supplement these Terms and Conditions at any time without prior notice. The updated version of the Terms and Conditions will be posted on the platform. Users are encouraged to review these terms periodically to stay informed about any changes. Continued use of the platform implies acceptance of the modified terms.

7. User Eligibility and Responsibilities

7.1. User Eligibility

You must be at least eighteen (18) years old or have reached the minimum age required to enter into a legally binding agreement in your specific jurisdiction to use our Services. By using our Services, you confirm that you meet these eligibility criteria.

7.2. Accurate Information

You agree to provide accurate, current, and complete information when using our Services, including during account creation and registration. It is your responsibility to keep this information up-to-date.

7.3. Compliance with Laws

You agree to comply with all applicable laws and regulations when using our Services. This includes, but is not limited to, any local, national, or international laws related to healthcare, privacy, and data protection.

7.4. Prohibited Activities

You must not engage in any prohibited activities when using our Services. Prohibited activities include, but are not limited to:

  • - Impersonating any person or entity.
  • - Accessing or using another user's account without authorization.
  • - Attempting to interfere with the proper functioning of our platform.
  • - Transmitting viruses, malware, or any other harmful code.
  • - Engaging in any fraudulent, abusive, or illegal activities.

7.5. Notification of Changes

You are responsible for reviewing these Terms and Conditions regularly to stay informed of any changes. We may update these terms from time to time, and your continued use of our Services after any modifications indicates your acceptance of the updated terms.

7.4. Fees and Payments

Certain services provided by Hygiai may be subject to fees. If you choose to use such services, you agree to pay the specified fees, if applicable. Fees and payment terms will be clearly outlined on our platform.

7.4. User Account Security

Safeguard the confidentiality of your account credentials, including your password. You are solely responsible for all activities occurring on your account. If you suspect any unauthorized use of your account or if your login credentials are lost or stolen, you must promptly notify us. We are not liable for any losses incurred due to unauthorized account use.

8. User Accounts and Profiles

8.1. Account Creation and Registration

You may create an account on our platform by following the registration process. During registration, you will be required to provide certain information, such as your mobile number and email address and select a password. You agree to provide accurate and complete information during this process.

8.2. Profile Information

Your profile may include personal information, such as your name, date of birth, gender, address, phone number, email, and identification details. You are responsible for maintaining the accuracy and completeness of your profile information.

8.3. Account Verification

We may verify your account by reaching out to you via phone or email to confirm your identity or account details. In some cases, we may request additional information to ensure the legitimacy of your account.

8.4. Termination of Accounts

We reserve the right to terminate accounts that violate our terms or for other reasons, including but not limited to, accounts without a valid mobile phone number in the account holder's profile.

8.5. User Content and Information

You may upload digital copies of identity, medical insurance, and medical documents to your profile. Practitioners can access and download these documents only if they are shared by you. You are responsible for the accuracy and completeness of all uploaded information. We may use anonymized aggregated data derived from the information you provide in accordance with our Privacy Policy.

9. Practitioner Directories

9.1. Description of Practitioner Directories

Our platform provides directories of healthcare Practitioners, including information about their qualifications, expertise, locations, and other relevant details. Only state-verified practices are published on our platform.

9.2. Practitioner Information Accuracy

You acknowledge that the accuracy and completeness of Practitioner information are not guaranteed, and that the Practitioner and his/her medical institution are solely responsible for the accuracy and truthfulness of the information provided.

9.3. User Responsibility for Practitioner Selection

It is your responsibility to select a Practitioner based on your healthcare needs, including their specialty, qualifications, and suitability. Hygiai does not endorse or recommend specific Practitioners, and your choice is entirely your own.

10. Appointment Booking Service

10.1. Booking appointments

10.1.1 Booking process: Users can book medical consultations and related services on the Hygiai platform. The process of making an appointment includes choosing a doctor, specifying the date and time, the doctor's specialty, and a convenient location for you.

10.1.2 User responsibility: Users are responsible for providing accurate and complete information during the booking process. Any inaccuracies or omissions may result in scheduling errors. Before finally booking an appointment with a doctor, always check whether you made any mistakes in the information you provided.

10.1.3 Availability: Recording availability is subject to the practitioner's schedule. While Hygiai strives to provide convenient appointment options, it does not guarantee the availability of specific time slots or practitioners.

10.2. Payment processing

10.2.1 Payment Authorization: Users may be required to provide payment information, including credit or debit card details, in order to book an appointment. By providing this information, users authorize Hygiai to charge the specified appointment fee.

10.2.2 Billing: Fees associated with records may vary by practitioner, service and location. Users will be informed of the applicable fees before confirming the entry.

10.2.3 Payment Processing Partner: Hygiai may use a third-party payment processor to securely process payment transactions. Users agree to be bound by the terms and policies of the payment processing partner.

10.3. Billing and Fees

10.3.1 Billing Responsibility: Users are responsible for all costs associated with booked appointments. Fees may include consulting fees, service fees and applicable taxes.

10.3.2 Collection of Payments: Hygiai acts as a billing and collection agent on behalf of Practitioners. Users agree that payments made through the Platform will be collected by Hygiai for remittance to the Practitioner.

10.3.3 Creation of invoices: Users will receive invoices or receipts for their payments. These documents will include details of the services provided, the name of the practitioner or legal entity and the total cost.

10.4. Refunds and Cancellations

10.4.1 Cancellation Policy: Users can cancel appointments subject to the cancellation policy specified by the practitioner. Practitioners may have different policies regarding cancellations, including notice periods and refund eligibility.

10.4.2 Refunds: Refunds, if applicable, will be processed according to the practitioner's refund policy. Users should review the practitioner's cancellation and refund terms before booking appointments.

10.5. Record availability

10.5.1 Availability Disclaimer: While Hygiai strives to provide accurate information about the availability of records, it cannot guarantee the availability of practitioners or time slots in real time. For technical reasons, there may be a delay in updating the practice schedule.

10.5.2 Rescheduling: Users may request appointments to be rescheduled if a suitable time slot is available and in accordance with the Practitioner's rescheduling policy.

11. Tele Consultation Services

11.1. Online Consultation Process

11.1.1 Access to Tele Consultations: Users can access online consultation services through Hygiai's platform. These consultations may involve video or audio communication with practitioners.

11.1.2 Scheduled Appointments: Tele consultations are typically scheduled appointments. Users should log in to their accounts and access the consultation at the designated time.

11.2. User Obligations in Tele Consultations

11.2.1 User Conduct: Users are expected to conduct themselves professionally and respectfully during tele consultations. Any inappropriate behaviour or harassment may result in termination of the consultation.

11.2.2 Medical History: Users must provide accurate and complete medical history and information to practitioners during tele consultations. Inaccurate information may affect the quality of care provided.

11.3. Recording and storage of consultations

11.3.1 Recording: teleconsultations are recorded in order to document and ensure the quality of the services provided. If the user signs up for a teleconsultation, it means that he/she agrees to the recording of the consultation.

11.3.2 Storage and confidentiality: Recorded consultations and related information are stored securely. Hygiai and practices adhere to the privacy policy and protect the privacy of user data.

12. In Visit Consultation Services

12.1. In-Visit Consultation Process

In-Visit Appointments: In-visit consultations involve face-to-face appointments with practitioners at physical locations. Users should arrive at the designated location at the scheduled time.

12.2. Verification and Authorization

12.2.1 Identification: Users may be required to provide identification documents such as Emirates ID or Passport before in-visit consultations. This verification ensures patient safety and identity.

12.2.2 Insurance: Users should present relevant insurance health cards, if applicable, for authorization and billing purposes.

12.3. Records and Documentation

Medical Records: Information provided during in-visit consultations, including observations, diagnosis, and recommended treatment, will be documented and securely stored by the practitioner.

13. Authorization and Payment Processing Services

13.1. Payment Processing

Payment Authorization: Users authorize Hygiai to process payments on their behalf for services rendered by practitioners. Payments are securely processed through a third-party payment processor.

13.2. User Payment Responsibility

Payment Responsibility: Users are responsible for all charges associated with booked appointments, tele consultations, or in-visit consultations. Payment obligations include consultation fees and service fees.

13.3. Payment Processing Partner

Third-Party Processor: Hygiai may utilize a third-party payment processing partner for handling payment transactions. Users agree to comply with the terms and policies of this partner.

14. Application Suspension and Discontinuation

14.1. Changes to Services

Service Modifications: Hygiai reserves the right to modify, suspend, or discontinue services or features at its discretion. Users will be notified of significant changes when possible.

14.2. User Compliance with Terms

User Obligations: Users are expected to adhere to the Terms and Conditions outlined herein. Non-compliance may result in account suspension or termination.

14.3. Monitoring of User Activity

Activity Monitoring: Hygiai may monitor user activity to ensure compliance with these terms. This monitoring helps maintain the platform's integrity and security.

14.4. Cooperation with Law Enforcement

Law Enforcement Cooperation: Hygiai may cooperate with law enforcement authorities as required by law or to protect the platform and its users.

14.5. Additional Terms for Specific Services

Service-Specific Terms: Some services may have additional terms and conditions that users must agree to when using those services. These terms will be provided to users as needed.

15. Privacy and Data Security

15.1. Data Privacy

Privacy Policy: Users should review Hygiai's Privacy Policy for information about data collection, storage, and usage practices. The Privacy Policy outlines how user data is handled.

15.2. Data Security

Security Measures: Hygiai employs security measures to protect user data. However, users should also take precautions to protect their account information.

15.3. Data Sharing

Data Sharing Consent: Users may choose to share their data with healthcare practitioners, pharmacies, and other authorized entities as needed for healthcare services. User consent is required for data sharing.

16. Intellectual Property and Content

16.1. Ownership of Intellectual Property

Intellectual Property Rights: Hygiai owns and retains all intellectual property rights associated with the platform, including trademarks, copyrights, and proprietary technologies.

16.2. User Content

User Content Rights: Users retain ownership of content they upload to the platform, such as profile information and medical records. Users grant Hygiai a license to use, display, and store this content.

16.3. Content Usage Restrictions

Prohibited Usage: Users are prohibited from copying, modifying, distributing, or using platform content for any unauthorized purposes.

16.4. Reporting Copyright Infringement

Copyright Complaints: Users may report copyright infringement by contacting Hygiai's designated copyright agent.

17. Dispute Resolution

17.1. Dispute Resolution Process

17.1.1 Dispute Resolution: In the event of a dispute or disagreement, users are encouraged to contact Hygiai's support team for assistance in resolving the issue.

17.1.2 Mediation: If disputes cannot be resolved through support, users may agree to mediation or arbitration as a means of resolving the dispute.

17.2. Governing Law and Jurisdiction

Applicable Law: These Terms and Conditions are governed by the laws of the United Arab Emirates. Any disputes will be subject to the jurisdiction of the courts in Dubai, UAE.

18. Termination of Agreement

18.1. Termination by Users

User Account Closure: Users may close their accounts at any time by contacting Hygiai's support team or following the account closure process.

18.2. Termination by Hygiai

18.2.1 Termination Rights: Hygiai reserves the right to terminate user accounts or access to services for violations of these terms or for other reasons at its discretion.

18.2.2 Notice of Termination: Users will be notified if their accounts are terminated or if access to services is discontinued.

18.3. Effect of Termination

Termination Consequences: Account termination will result in the loss of access to platform services and the deletion of associated data as outlined in the Privacy Policy.

19. General Provisions

19.1. Entire Agreement

Agreement Completeness: These Terms and Conditions, along with the Privacy Policy and any additional terms for specific services, constitute the entire agreement between users and Hygiai.

19.2. Assignment

Assignment Restrictions: Users may not assign their rights or obligations under these terms without Hygiai's prior written consent.

19.3. Severability

Severability Clause: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

19.4. Waiver

Waiver of Rights: Failure to enforce any provision of these terms does not constitute a waiver of that provision.

19.5. Contact Information

Contacting Hygiai: Users may contact Hygiai for support, inquiries, or other matters using the contact information provided on the platform.

19.6. Language of Agreement

Language Agreement: The primary language of this agreement is English. Translations are provided for convenience, and in case of discrepancies, the English version prevails.

19.7. Notices

Notice Delivery: Notices from users to Hygiai should be delivered through the platform or via the contact information provided. Notices from Hygiai to users may be sent through the platform, email, or other means.

19.8. Amendments

Amendment Authority: Hygiai reserves the right to amend these terms at any time. Amendments will be posted on the platform, and users are responsible for reviewing them periodically.

19.9. Acceptance of Terms

Acceptance Acknowledgment: By using the platform and its services, users acknowledge that they have read, understood, and accepted these Terms and Conditions, including any additional terms for specific services.