Service Agreement

Welcome to the Human-Healthcare family. Here, you will experience a new world of precision-based, preventive & personalized VIP healthcare and wellness.

We are glad to have you as an enrolled member of Human Health Care Services Pvt Ltd. As part of your VIP Human-Healthcare membership, we offer you a wide variety of preventive, personalized primary care, non-emergency, services that are specifically tailored to your (or your parent’s) goals and values.
This Agreement explains these services and how we will work together to accomplish the goals.
Before proceeding further, we (Human-Healthcare) explicitly want to mention that the Customer Data is NOT shared with any third party. This is a strict policy of Human-Healthcare. Human Healthcare will ONLY use it for improving the customer’s healthcare management. Human-Healthcare also promotes rigorous auditing and organizational quality improvement with the focus to enhance the overall healthcare experience of the customer and to create efficient pathways for improving the healthcare outcomes.

1. Definitions

“Agreement” means this Human-Healthcare Services Agreement. “Customer Data” means electronic data and information submitted by or for Customer to the Services.
“Effective Date” means the date on which this Agreement is executed or otherwise accepted by both Human Health Care Services and Customer.
“Intellectual Property Rights” means all trade secrets, intellectual information, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trade marks), service marks, trade names, copyrights, moral rights, database rights, design rights, rights in know-how, rights in Confidential Information, rights in inventions (whether patentable or not) and all other intellectual property and proprietary rights (whether registered or unregistered, any application for the foregoing, and all rights to enforce the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world.
“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
“Human-Healthcare” & “Human-Healthcare.com” means Human Health Care Services, Pakistani registered company.
“Human-Healthcare Technology” means the computer software applications, tools, application-programming interfaces (APIs), connectors, programs, networks and equipment that Human-Healthcare uses to make its services available to its customers.
“Non-Human-Healthcare Service” means a service, database, process or functionality that is provided by a third party and interoperates with the Services including, for example, an application programming interface (API), or third-party imaging or consultation services.
“PHI” means, “protected health information”.
“Services” means the Human-Healthcare services made available to the Customer by Human-Healthcare. Services exclude Customer Data.
“User” means an individual who is authorized by Customer to use the Services and have access to data and to whom Customer (or, when applicable, Human-Healthcare at Customer’s request) has supplied a user identification and password.

2. Services

2.1. Services.

Human-Healthcare values your time and ensures your convenience is a priority. Hence, virtual care via telephone, video or text are available. We consider Virtual Care a vital part of your membership and we respond to your needs within hours. This is in addition to receiving care at your home. During onboarding or in rare circumstances even the family MD (medical doctor) visits in-person to your home, subject to certain limitations.

Annual Exam: Your health and longevity are best served by periodic oversight. Therefore, we will perform a comprehensive annual examination to monitor existing health conditions and recommend preventative treatments.

Routine Follow-ups: A dedicated family medical doctor with a team of dedicated healthcare coordinators provides routine follow-ups, courtesy touchpoints, health checks throughout the year, based on the individual health needs.

Wellness Education: Your good health is about more than avoidance or management of illness; it is about developing optimal performance for your lifestyle. Our Wellness Education is included in this subscription-based membership and promotes great sleep, physical fitness, and balanced mental health.

Non-Emergency Ancillary Services: Your care may require ancillary services such as certain laboratory tests or two lead electrocardiography by our Human-Healthcare Team. Pick and drop of medications can also be coordinated, as needed, subject to certain limitations. Similarly, most laboratory testing, all imaging, all drugs’ costs will not be covered in this subscription-based membership program. The subscriber will have to pay additional charges as required.

Comprehensive Care Coordination: If your care requires the services of medical specialists, we will try our best to source the appropriate referral for you. The consultant fees are not covered in this subscription package. We will also facilitate laboratory tests and other medical investigations, as required. However, third party services are not under our influence or coverage, and we apologize in advance for any inconvenience the coordination and facilitation around third party services may cause. Similarly, specialist visits with local consultants will be beyond our scope of services and any experience encountered during those visits will be outside our service domain. Legally and medically, we are not liable for any third-party arrangements or facilitations that we do on your request, or on your behalf. Once the specialist consultation is complete, we will continue to work with your specialists to coordinate care with our Human-Healthcare primary care team. While emergency services and hospital admissions are not a part of Human-Healthcare subscription membership, if you are admitted to the hospital, we can work diligently with your hospital providers to facilitate the best care available. After all, we want to break the silos that exist in healthcare and make your primary and preventive healthcare experience as seamless and high-value as possible.

2.2. Exclusions & Excluded Services.

We do not provide emergency services. We do not take responsibility for any emergent care needs that may arise during the tenure of your subscription and membership with Human-Healthcare. You may need the care of emergency rooms, outside laboratory testing, pathology studies, prescribed medications, radiologic imaging, specialist consultations or treatment, surgery, urgent care centers, specialty vaccinations, or other healthcare services that are outside the scope of this Agreement and are not included in the subscription. We encourage you to have emergency medical services numbers available at all times, saved in your phone, in case need arises.
We are not an emergency service or triage company. We are a primary healthcare service. We highly recommend that you maintain health insurance, which may or may not cover the costs of these services. We will endeavor to place orders for Excluded Services in a manner that is cost effective for you. Payments to third parties can be directly paid by you (the customer/ service user). We remind you, as your primary care health team, we will facilitate but cannot take responsibility for the entire healthcare systems experience. Controlled Substances. It is not our policy to prescribe chronic controlled substances on your behalf, including commonly abused opioid medications, benzodiazepines, and other stimulants. If we do prescribe this class of pharmaceuticals for you, you will be asked to sign and honor our Controlled Substances Agreement.

2.3. Restrictions. 

Customer will not, and will not permit any of its Users to, (a) make any of the Services available to, or use any Services for the benefit of, anyone other than Customer, its Users with whom Customer and its Users interact using the Services for the purposes of providing healthcare services. For example, if the subscriber pays annual or monthly payments for their parent’s primary care, expecting or later requesting another relative to get care from this same subscription would be unethical and unfortunately, will not be entertained.

2.4. Modifications to Services. 

The Services may be modified by Human-Healthcare from time to time as it deems necessary to address changes in technology, care services, and the needs of its customers, if any such modification will not degrade the functionality of the Services in any material manner, unless required by applicable law. Human-Healthcare will notify Customer in advance of any material changes. Cessation. In certain circumstances, we may need to transfer your care to another provider. If this happens, we will provide you with prior notice to switch care teams. We will provide 1 week notice in case of cessation of your membership. There are other circumstances for which we may choose to immediately terminate this Agreement. Such circumstances may include, but are not limited to:

• Failure to pay Fees and charges when they are due. 

• Failure to sign our Controlled Substances Agreement, or other required documentation, as applicable. 

• Failure to adhere to the recommended treatment plan. 

• You are disruptive, abusive, or present an emotional or physical danger to the wellbeing of the staff or other patients of our practice. Human-Healthcare discontinues operation.

2.5. Non-Human-Healthcare Services.

If Customer uses or authorizes Human-Healthcare to use a Non-Human-Healthcare Service with the Services, Customer grants Human-Healthcare permission to allow the Non-Human-Healthcare Service and its provider to access Customer Data as required for the interoperation of such Non-Human-Healthcare Service with the Services. Human-Healthcare is not responsible for any disclosure, modification or deletion of Customer Data resulting from such access by such Non-Human-Healthcare Service or its provider. Except to the extent expressly provided otherwise in a Service Order, Customer’s purchase or use of any Non-Human-Healthcare Service is solely between Customer and the provider of the Non-Human-Healthcare Service, subject to any terms and conditions specified with respect to the Non-Human-Healthcare Service, and Human-Healthcare neither makes any warranty nor provides any support with respect to any Non-Human-Healthcare Service. The Services may contain features designed to interoperate with Non-Human-Healthcare Services. Use of such features may require Customer to obtain access to such Non-Human-Healthcare Services from their providers, and to provide access to such Customer’s account(s) on such Non-Human-Healthcare Services to Human-Healthcare. Human-Healthcare cannot guarantee the continued availability of such Service features, and may cease providing them without entitling Customer to any refund, credit, or other compensation, if, for example and without limitation, the provider of a Non-Human-Healthcare Service ceases to make the Non-Human-Healthcare Service available for interoperation with the corresponding Human-Healthcare Service features in a manner acceptable to Human-Healthcare.

2.6. Consent to Treat. 

By signing this agreement, you acknowledge, consent, and hereby authorize Human-Healthcare (Human Health Care Services Pvt Ltd) and its care providers to carry out your healthcare treatment. Treatment includes but is not limited to: the administration and performance of all treatments, the administration and use of prescribed medications, the performance of such procedures as may be deemed necessary or advisable for treatment, including but not limited to diagnostic procedures, the taking and utilization of cultures, and of other medically accepted laboratory tests, all of which in the judgment of your physician or their assigned designees may be considered medically necessary or advisable. You acknowledge and understand that this consent is given in advance of any specific diagnosis or treatment, that these services are voluntary, and that you have the right to refuse these services. You understand and intend this consent to be continuing in nature, even after a specific diagnosis has been made and treatment recommended. This consent will remain in full force unless revoked in writing and will not affect any actions that were taken prior to receiving your revocation.

3. Proprietary Rights and Licenses

3.1 Limited License to Use Services.

Subject to the terms and conditions of this Agreement, Human-Healthcare hereby grants to Customer a non-exclusive, non-transferable, limited, royalty-free license, without right to sub-license, terminable in accordance with the terms of this Agreement, to access and use, and to permit its Users to access and use, the Services, solely for Customer’s operations in its ordinary course of business.

3.2. Limited License to Use Customer Data.

Customer hereby grants to Human-Healthcare a non-exclusive, non-transferable, limited, royalty-free license, without right to sub-license (except to its sub-processors, as required for the provision of the Services), to use the Customer Data, solely as necessary to perform the Services and as otherwise may be agreed in writing by Customer.

3.3. Reservation of Rights.

No rights or licenses are granted except as expressly set forth herein. Without limiting the foregoing, subject to the limited rights expressly granted in this Section 3, all right, title and interest (including all related Intellectual Property Rights) in and to (a) the Services and the Human-Healthcare Technology is retained by Human-Healthcare.

3.4 Feedback. 

Customer grants Human-Healthcare a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services and the Human-Healthcare Technology any suggestion, enhancement request, correction or other feedback provided by Customer or its Users relating to the Services or the Human-Healthcare Technology. This Section 3.4 shall survive the termination of this Agreement.

3.5 Privacy & Communications Your Privacy Rights. 

You acknowledge and hereby authorize Human-Healthcare to use and/or disclose your health information that specifically identifies you, or that can reasonably be used to identify you, to carry out your treatment, and healthcare operations. Human-Healthcare will adhere to its obligations regarding your privacy rights as identified in this agreement in the confidentiality and privacy section. Your signature on this Agreement means that you attest that you have read, understand, and agree with privacy practices of Human-Healthcare. Methods of Communication. You acknowledge that Human-Healthcare communications may include e-mail, facsimile, video chat, instant messaging, and cell phone (collectively, “Communications”). In spite of our full efforts and investments to create and work on secure, PHI-safety compliant technology, Communications by their nature cannot be guaranteed to be secure or confidential. If you initiate a
conversation in which you disclose PHI on any of these Communication platforms, then you authorize Human-Healthcare to communicate with you regarding all protected health information in the same format. Communications technology and platforms can at times be outside of our control. Therefore, Human-Healthcare and our physicians shall not be liable to you, or anyone, for any cost, damage, expense, injury, or other loss relating to Communications malfunction or a delay in response. We kindly ask that you limit after-hours, weekend, and holiday communication to situations that cannot wait until the next day. We try our best to respond within hours in most situations. We again, kindly remind you that we are not an emergency care provider and all emergencies should be directed to ambulances and hospital
emergency rooms.

4. Fees, Subscription & Non-Insurance.

4.1. Disclaimer of Non-Insurance. 

This Agreement is not a health insurance plan, prepaid health plan, or substitute for healthcare coverage. As such, this Agreement is not subject to health insurance protections provided for by provincial or country law. This Agreement is solely for the described Services and it does not cover hospital, specialist, laboratory, medications, or any services not directly provided by our practice.

4.2 Fees. 

Your membership is for one year and will automatically renew until you decide not to renew. You can cancel anytime without any cancellation fees. Your annual fee is identified on the payment form and may be made in monthly installments or quarterly installments, if you prefer. Installment payments are due no later than the last day of the month for which Services were provided. Late payments are not acceptable as they disrupt our coordination of care. Payments that are 30 days overdue will incur a $100.00 reactivation fee. In order to remain financially viable, Human-Healthcare reserves the right to change its fees at any time with 30 days’ notice to you. There is a small percentage increase in membership fee every two years based on inflation and other economic metrics. You may end your membership anytime, and any remaining membership fee will be prorated and refunded to you. If you choose to discontinue your membership and you later wish to re-enroll, we reserve the right to decline re-enrollment or require you to pay a re-enrollment fee that is equivalent to the months of absent payments while you were not enrolled as a member, not to exceed twelve (12) months. You are required to keep a valid form of payment on file and if the form of payment provided expires or otherwise becomes invalid, you agree to promptly provide updated payment information. In the event there are costs associated with invalid payment information, such charges will be applied to your account.

5. Confidentiality

5.1. Definition of Confidential Information. 

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer’s Confidential Information includes its Customer Data. Human-Healthcare Confidential Information includes the Services. The Confidential Information of each party includes the terms and conditions of this Agreement as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information  that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.

5.2. Obligations. 

The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) 

(i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.

5.3. Exceptions. 

The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. Similarly, as permitted by the Disclosing Party, the Receiving party may share some healthcare information with specialists, hospitals or emergency services with the intention to enhance and facilitate care experience of the Disclosing Party.

6. Customer Data

6.1. Data Protection. 

Human-Healthcare will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by Human-Healthcare personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for Human-Healthcare to rely upon the security processes and measures utilized by Human-Healthcare’s cloud infrastructure providers.

6.2 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 Human-Healthcare solely in accordance with these Terms and Conditions, and Human-Healthcare’s Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Human-Healthcare in writing).
You agree that Human-Healthcare 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.

7. Representation and Warranties; Disclaimers

7.1. Human-Healthcare. 

Human-Healthcare represents and warrants that;

(a) it has the full power and authority to enter into this Agreement, to perform its obligations under this Agreement, and to grant the licenses and rights granted to Customer in this Agreement; 

(b) this Agreement is the legal, valid, and binding obligation of Human-Healthcare, enforceable against it in accordance with the terms hereof, except to the extent such enforceability may be limited by bankruptcy, reorganization, insolvency or similar laws of general applicability governing the enforcement of the rights of creditors or by the general principles of equity (regardless of whether considered in a proceeding at law or in equity); 

(c) it will comply with all applicable laws relating to its performance and/or obligations under this Agreement; 

(d) this Agreement does not conflict with any other contract or obligation to which it is a party or by which it is
bound, and;

(e) it will use its commercially reasonable efforts to perform the Services in a timely, professional and workmanlike manner.

8. Dispute Resolution.

In the unlikely event that a dispute arises, we will work with you to resolve that dispute in good faith, which may require mediation. If we are unsuccessful, final disposition shall be resolved by binding arbitration and enforced by any court of competent jurisdiction. Human-Healthcare will choose the provider of arbitration services.

9. Limitation of Liability

9.1. Exclusion of Certain Claims.

In no event will Human-Healthcare have any liability for any indirect, incidental, special, consequential, cost of cover, punitive or exemplary damages, however caused and on any theory of liability, arising out of this agreement or the services, including loss of business, revenue or anticipated profits.

9.2. LIMITATION OF LIABILITY. 

IN NO EVENT WILL Human-Healthcare’s AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF $500. Human-Healthcare is a Pakistan based firm and Pakistani regulations will apply.

9.3. Exceptions. 

The foregoing disclaimers in this Section 10 shall not apply to the extent prohibited by law. No amendment or variation of the terms of this Agreement shall be valid unless mutually agreed to in writing. It is possible that we will need to delegate certain duties under this Agreement and you consent to such delegation. This Agreement constitutes the entire agreement between us and supersedes any and all other oral or written agreements, representations, negotiations, and understandings.
Your signature below means that you have read, understand, and agree to all of the terms contained in this Agreement. If you are enrolling other members, your signature means that you have the authority to act on their behalf and you are financially responsible for Services they receive under this Agreement.

Signature:_______________________________________________
Date: __________________________________________________
Subscriber Name:__________________________________________
Subscriber Email: __________________________________________
Address: ________________________________________________
Phone: _________________________________________________

Emergency Contact: (Name, Address, Email, & Phone)
Enrolled Members Name With Date of Birth:
1)_____________________________________________________
2)_____________________________________________________
Address:________________________________________________
Phone:_________________ Alternate Phone: _____________________
Parent’s Signature with Dates:__________________________________