Terms & Conditions

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE INSTACARE SOFTWARE. BY USING THE INSTACARE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.

  1. OBJECTIVES AND PRINCIPLES
    1. This Agreement intends to set out the general principles of mutual cooperation in the process of setting up a Clinic Management System known as an InstaCare Smart Clinic, according to which the parties may jointly identify areas of mutual interest and carry out cooperative activities on the basis of reciprocity and mutual benefit.
  2. NATURE AND EXTENT OF SOFTWARE
    1. InstaCare shall provide to the Customer the Software with features and components shared and demonstrated to the customer according to the selected package whose details have been communicated by InstaCare’s representative during demo and training session.
    2. InstaCare shall provide to the Customer the Software with features and components shared and demonstrated to the customer according to the selected package whose details have been communicated by InstaCare’s representative during demo and training session.
  3. TERMS & CONDITIONS
    1. The customer shall strictly use the Software for the purpose as it has been required for and warrants not to use the Software for any purpose contrary to the law.
    2. Customer warrants that the access to the Software shall only be restricted to licensed medical practitioners and shall ensure that no unauthorized access to the Software shall be granted to any person who does not have a valid medical license including doctors whose license has been suspended by Pakistan Medical Council (PMC) or any other relevant/governmental authority.
    3. The customer acknowledges that InstaCare may if a necessity arises, carry out maintenance and upgradation of the Software which may result in downtime. Customer warrants that it shall have no claim for any loss or damage, including loss of business, loss of opportunity, or goodwill, due to downtime faced during maintenance, modification, or upgradation of the Software.
    4. To facilitate the provision of software updates, any dynamically served content, product support, and other services to you you agree that InstaCare and its affiliates may collect, use, store and transmit technical and non-technical information in a form that does not personally identifies you. InstaCare and its affiliates may also use this information in the aggregate, in a form that does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third-party service providers.
    5. The Customer also acknowledges and agrees that for the improvement of Software, InstaCare may accept technical as well as commercial feedback, however, only those feedbacks will become a part of Software and processes which benefit InstaCare as well as all the users and stakeholders, and Customer or its users/employees/agents shall have no claim thereof.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. InstaCare shall have the first owner rights and shall own all the intellectual property rights of the Data and the Software , may at its sole discretion, sublet it further or make a copy or claim ownership thereof without any consent of the Customer.
    2. Neither Party shall use any trade names/marks, logos, and other intellectual properties belonging to the other Party without the prior written consent of the other Party.
  5. CONFIDENTIALITY
    1. Neither Party will use, copy, adapt, alter, or part with possession of any Confidential Information of the other Party which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient. The confidential clause shall also not apply in case of information required by the court of law.
    2. For the avoidance of doubt, “Confidential Information” means any technical, financial, and commercial information and data and research relating to the Parties’ respective business, products, plans, projects,finances, planning, facilities, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances, and specifically including data center, networks details and SOPs relevant to information security and shall include, but is not limited to, discoveries, ideas, algorithms, codes, formulas, methodology, design process, structure, format, documents, documentation, manuals, technical information, specifications, source code, subscriber information, know-how techniques, designs, drawings, blueprints, tracings, diagrams, models, samples, flowcharts, data, computer programs, disks, diskettes, tapes, marketing plans, party names and other technical, financial or commercial information, information related to software and data contained therein and intellectual properties, whether in written, oral or other tangible or intangible forms and any other information marked as “Confidential”, “Proprietary” or with a similar designation, or if disclosed orally, the Party shall indicate such information is confidential at the time of disclosure and shall immediately notify the other Party of making such disclosure.
  6. FEES & PAYMENTS
    1. The Customer shall pay InstaCare a fixed gross price per license as subscription fees according to the latest pricing plan of subscribed plan and addons for each active user who uses the Software (“Fees”). The Fees shall be payable in advance and within 7 working days of issuance of the invoice. Fees shall be increased at the rate of 10% per annum. Provided, however, the Fees may be revised on 1 month’s prior notice to the Customer based on the fluctuation in the United States Dollar and/or change in the price of any other resource of InstaCare.
  7. GOVERNING LAW AND DISPUTE RESOLUTION
    1. In case there is a dispute between the Parties, the Parties shall endeavor to settle it amicably, failing which it shall be referred to the arbitration. The arbitration will be conducted as per the Arbitration Act, 1940, as amended from time to time. The seat of arbitration shall be Lahore and its language English. The decision of the arbitration shall be final and binding on both the Parties
    2. This Agreement shall be governed and construed in all respects in accordance with the Laws of the Islamic Republic of Pakistan and the Parties hereby submit to the jurisdiction of the Courts at Lahore for the execution of the arbitration award.