Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Mederium ("Mederium", "Company", "we", "us", or "our") governing your access to and use of the Mederium telehealth platform, including the web application, any associated mobile applications, APIs, and all related services (collectively, the "Platform" or "Services").

By registering for an account, clicking "I Agree", or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). Your agreement to these Terms constitutes a legally valid electronic contract under the Electronic Transactions Ordinance, 2002 (ETO) of Pakistan, which recognises electronic agreements as enforceable contracts equivalent to written agreements. If you are using the Services on behalf of an organisation or clinic, you represent that you have authority to bind that organisation to these Terms under the Contract Act, 1872.

If you do not agree to these Terms, you must not access or use the Services.

2. Platform Description

Mederium is a technology platform that facilitates communication, coordination, and data management between patients and licensed healthcare providers. The Platform provides tools for appointment scheduling, encrypted video and voice consultations, clinical note-keeping, prescription management, procedure tracking, secure messaging, medical record storage, and AI-assisted health information tools.

Mederium is a technology intermediary — not a healthcare provider, medical practice, hospital, or insurer. We do not employ the healthcare providers who use our Platform. We do not provide medical advice, diagnosis, treatment, or clinical services of any kind. Any medical care, advice, diagnosis, or treatment provided through the Platform is delivered solely by the independent healthcare provider you select, and that relationship is governed exclusively by applicable Pakistani law and professional obligations between you and that provider.

3. Medical Disclaimer

The content available on the Platform — including AI-generated symptom analysis, health information, and any materials provided by Mederium itself — is for informational purposes only. It does not constitute medical advice, a medical diagnosis, or a recommendation for any treatment or course of action under Pakistani law or otherwise.

You should never disregard, delay, or forego professional medical advice, a clinical examination, or treatment because of something you have read on this Platform or received from the AI symptom checker. The AI symptom checker is a general information tool only; its outputs are not a clinical diagnosis.

Mederium does not guarantee the clinical accuracy, completeness, or timeliness of information provided by healthcare providers on the Platform, nor does Mederium verify the correctness of any diagnosis, prescription, or clinical note entered by a provider. Providers are solely responsible for their own clinical judgements under their obligations to the Pakistan Medical Commission (PMC).

4. Eligibility & Account Registration

4.1 Eligibility

To independently register for and use the Services you must have attained the age of majority of 18 years as defined under the Majority Act, 1875 of Pakistan. You must also have the legal capacity to enter into a binding contract under the Contract Act, 1872 — meaning you are of sound mind and are not disqualified from contracting by any applicable law. Persons below 18 may only use the Platform through a guardian account as described in Section 5.3. If you do not meet these eligibility requirements, you must not access or use the Services.

4.2 Account Registration

By registering an account, you represent and warrant that:

• All information you provide during registration is true, accurate, current, and complete.
• You will keep your registration information updated and accurate at all times.
• You will maintain the security and confidentiality of your login credentials and will not share your password with any third party.
• You will notify us immediately at support@mederium.com if you suspect unauthorised access to your account.
• You are solely responsible for all activity that occurs under your account.

4.3 Account Types

The Platform supports four account roles:

• Patient: An individual (or their legal guardian) seeking or receiving healthcare services through the Platform.
• Doctor / Provider: A PMC-registered healthcare professional who has been approved by Mederium to offer services through the Platform.
• Assistant: A clinic staff member authorised by a Provider to perform administrative functions.
• Admin: A Mederium administrative user with platform management capabilities.

Each role carries different access levels and responsibilities governed by these Terms.

5. Patient Terms

5.1 Use of Clinical Services

When booking appointments or engaging in consultations, you agree to provide accurate and complete medical information to the best of your ability. Withholding or misrepresenting health information may compromise the quality of care you receive. Mederium bears no liability for clinical outcomes resulting from inaccurate patient-submitted information; such liability rests solely with the patient or, where applicable, the patient's guardian.

5.2 Informed Consent for Telemedicine

By booking an online (video or voice) consultation, you provide your informed consent to receive healthcare services delivered via telecommunications technology in accordance with the PMC Telemedicine Regulations, 2021. You acknowledge that:

• Telemedicine services may have inherent limitations compared to in-person clinical examination.
• Certain conditions may not be suitable for remote consultation and your provider may determine that an in-person visit is clinically required.
• You have the right to withdraw from a telemedicine consultation at any time.
• Your provider retains the right to decline to treat you remotely if they determine it is clinically unsafe to do so.

5.3 Guardian & Dependent Accounts

If you register a dependent patient profile (e.g., a minor child or elderly family member), you represent that you are the legal parent, guardian, or wali of that individual under Pakistani law, and that you have full lawful authority to consent on their behalf to the collection, processing, and storage of their health information on the Platform. Guardian accounts are personally liable for all representations made and consents given for dependents.

5.4 WhatsApp Medication Reminders & Prescription Notifications

By registering a WhatsApp-capable phone number on the Platform, you acknowledge and agree that your treating provider may configure automated medication reminders and prescription-related notifications to be delivered to that number. Reminder scheduling is set by the provider at the time of prescribing — not by Mederium. Individual reminder schedules can be adjusted or disabled by your provider per medication or per prescription.

These messages are sent via WhatsApp, a service operated by Meta Platforms Inc., over networks regulated by the Pakistan Telecommunication Authority (PTA). If you no longer wish to receive such messages you should: (a) ask your provider to disable reminders on any active prescription; (b) remove or update your registered phone number in your account settings; or (c) contact us at support@mederium.com. Mederium is not responsible for any charges your telecommunications provider may apply to messages received.

5.5 Prescriptions

Prescriptions issued through the Platform are the clinical and legal responsibility of the issuing healthcare provider under the Drugs Act, 1976 and applicable PMC guidelines. Mederium provides technology infrastructure for prescription creation and delivery; we do not verify, endorse, or assume clinical responsibility for any prescription. You must not alter any prescription received through the Platform. Misuse of prescription data may constitute an offence under the Drugs Act, 1976 and PECA 2016.

5.6 Consumer Rights

Nothing in these Terms limits any rights you may have under applicable Pakistani consumer protection legislation, including the Punjab Consumer Protection Act, 2005, the Sindh Consumer Protection Act, 2014, or equivalent provincial legislation in your province of residence. To the extent any provision of these Terms conflicts with a mandatory statutory right, the statutory right prevails.

6. Provider Terms (Doctors & Assistants)

6.1 PMC Registration & Good Standing

By registering as a Provider, you represent, warrant, and covenant that:

• You hold a valid, current, and unrestricted registration with the Pakistan Medical Commission (PMC) under the Pakistan Medical Commission Act, 2020, or the equivalent licensing authority if you are a dental professional registered with the Pakistan Medical and Dental Council (PMDC) or its successor body.
• You are not subject to any pending investigation, disciplinary proceeding, suspension, or cancellation of registration by the PMC or any competent authority.
• You will immediately notify Mederium at providers@mederium.com if your PMC registration status changes in any material way.
• You maintain any professional indemnity coverage required by the PMC, your clinic, or applicable professional standards.
• All information you provide during registration, including your PMC registration number, is accurate and complete.

6.2 Approval Requirement

Provider accounts are subject to an approval process by Mederium administration, which includes verification of PMC registration. Access to patient-facing features is contingent on successful approval. Mederium reserves the right to deny or revoke approval in its sole discretion, including where it cannot verify a provider's credentials or where the provider's continued use poses a risk to patient safety.

6.3 Clinical Responsibility & Telemedicine Standards

You are solely and exclusively responsible for the medical care, clinical decisions, diagnoses, treatments, and prescriptions you provide to patients through the Platform. Mederium's role is limited to providing technology infrastructure. You must comply with:

• The PMC Telemedicine Regulations, 2021, including requirements for obtaining valid patient informed consent before every telemedicine consultation, maintaining clinical standards of care equivalent to in-person consultations, and documenting telemedicine sessions as required.
• All applicable PMC codes of conduct, ethics, and professional standards.
• The Pakistan Medical Commission Act, 2020 and any directions issued by the PMC.
• Any other applicable Pakistani law or regulation governing the practice of medicine in your specialisation.

6.4 Patient Consent & Record-Keeping

You are responsible for obtaining, documenting, and retaining all necessary patient consents required by law and PMC guidelines, including specific informed consent for telemedicine. You must maintain accurate, complete, and legible patient records in accordance with PMC record-keeping regulations for a minimum period of five (5) years from the date of last treatment, or such longer period as required by applicable regulation. You must not use the Platform to record or store information about patients who have not given valid consent to receive care via telemedicine.

6.5 Prescription Obligations

All prescriptions issued through the Platform must be clinically appropriate, lawfully issued, and fully compliant with the Drugs Act, 1976, the Drug Regulatory Authority of Pakistan (DRAP) Act, 2012, and applicable PMC prescribing guidelines. You must not issue a prescription without conducting an adequate clinical assessment sufficient to support the prescription. The AI voice dictation feature is a productivity aid only; all AI-generated clinical content must be independently reviewed, verified, and approved by you before it is attributed to your name. You remain solely responsible for any prescription issued under your PMC registration number, whether drafted manually or with AI assistance.

6.6 Medication Reminders & Patient Notifications

When you configure medication reminders on a prescription, automated messages will be delivered to the patient's registered WhatsApp number on the schedule you define. You are responsible for ensuring that reminder schedules are clinically appropriate, that patients have been informed that they will receive such messages in compliance with the PMC Telemedicine Regulations, 2021, and that you disable reminders promptly when a patient requests this using the per-medication or global reminder controls in the prescription editor.

6.7 Assistant Authorisation

If you authorise an Assistant to act on your behalf, you remain responsible for all actions taken by that Assistant in connection with your account and your patients, as principal under the Contract Act, 1872. You must ensure Assistants are appropriately trained and are aware of applicable confidentiality obligations. You must promptly revoke Assistant access when the employment or contractual relationship ends or when permissions change.

6.8 Professional Ethics & Conflicts of Interest

Providers must not use the Platform to engage in fee-splitting, illegal gratification, or any other arrangement prohibited by the PMC Code of Ethics, the National Accountability Bureau Ordinance, 1999, or any other applicable Pakistani law. Providers must not use patient data obtained through the Platform for any purpose other than the direct provision of care to that specific patient.

7. AI-Powered Features

The Platform incorporates artificial intelligence features, including a symptom checker (powered by Google Gemini) and prescription voice dictation (powered by OpenAI Whisper and language models). By using these features:

• You acknowledge that AI-generated outputs are probabilistic, may contain errors, and are not a substitute for qualified clinical judgement.
• You accept that your input data will be transmitted outside Pakistan to AI service providers for processing, as described in our Privacy Policy, and you provide your explicit consent to such cross-border transfer in accordance with the PDPA 2023.
• Providers acknowledge that AI-assisted content requires their independent clinical review before use, and that they remain solely responsible under PMC regulations for the accuracy and appropriateness of any AI-assisted clinical content attributed to them.
• Mederium makes no warranty regarding the accuracy, completeness, or fitness for purpose of any AI-generated output.

8. Prohibited Uses

You agree not to use the Services to:

• Provide false or misleading information during registration or at any time while using the Services, which may constitute fraud under the Pakistan Penal Code, 1860 (PPC).
• Impersonate any person or entity, or misrepresent your professional credentials or PMC registration status.
• Access, tamper with, or attempt to access data belonging to another user without authorisation — an offence under Section 3 (Unauthorized Access) of PECA 2016.
• Intercept, copy, or disclose electronic communications without authorisation — an offence under Section 4 (Unauthorized Copying) and Section 7 of PECA 2016.
• Circumvent, disable, or interfere with any security feature, encryption mechanism, or access control system — an offence under Section 6 (Unauthorized Use of Identity Information) and Section 17 (Cyberterrorism) of PECA 2016 as applicable.
• Use the Platform to deliver or facilitate any prescription or clinical service for which you are not lawfully authorised under the PMC Act 2020 or applicable law.
• Issue, alter, or misuse prescriptions in violation of the Drugs Act, 1976 or DRAP regulations.
• Upload, transmit, or store any material that is unlawful, obscene, defamatory, harassing, or that infringes any third party's intellectual property or privacy rights under Pakistani law.
• Use automated bots, scrapers, crawlers, or scripts to access any part of the Platform without express written permission — which may constitute an offence under PECA 2016.
• Use the Platform in any manner that could overload, damage, disable, or impair our infrastructure — which may constitute a cybercrime under PECA 2016.
• Reverse engineer, decompile, or disassemble any component of the Platform in violation of applicable intellectual property laws.
• Resell, sublicence, or commercialise access to the Services without our express written consent.
• Use patient data obtained through the Platform for any purpose other than direct provision of care to that patient.
• Violate any applicable local, provincial, national, or international law or regulation.

9. Intellectual Property

Unless otherwise stated, the Platform — including all software, source code, algorithms, databases, user interfaces, designs, text, graphics, logos, icons, and trademarks (collectively, "Content") — is the proprietary property of Mederium or its licensors and is protected under the Copyright Ordinance, 1962, the Trade Marks Ordinance, 2001, and other applicable Pakistani intellectual property laws.

Subject to your compliance with these Terms, Mederium grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose. No rights are granted beyond this limited licence. You may not copy, modify, distribute, sell, licence, publicly display, or create derivative works from any Content without our express prior written consent.

You retain ownership of any content you submit to the Platform (e.g., medical records, clinical notes, uploaded documents). By submitting content, you grant Mederium a limited, non-exclusive licence to store, process, and display that content solely as necessary to provide the Services. You represent that you have the right to submit all content you provide.

10. Third-Party Services

The Platform integrates with third-party services including Twilio (video and voice), Google Cloud Platform (infrastructure and AI), WhatsApp via Evolution API (messaging), and Firebase. Your use of these integrated services is subject to those providers' own terms of service and privacy policies, which we encourage you to review. Mederium is not responsible for the availability, accuracy, or data practices of any third-party service.

Any links to third-party websites or resources are provided for your convenience only. We do not endorse, control, or assume responsibility for any third-party content, products, or services.

11. Fees & Payments

Certain features of the Platform may be subject to fees denominated in Pakistani Rupees (PKR), which will be clearly disclosed to you prior to purchase. All stated fees are exclusive of applicable taxes (including Sales Tax under the Sales Tax Act, 1990, and Federal Excise Duty where applicable) unless expressly stated otherwise. Fees once paid are non-refundable except as expressly stated in a refund policy published at the time of purchase or as required by applicable provincial consumer protection law.

Consultation fees (if any) payable to healthcare providers are separate from any Platform subscription or service fees payable to Mederium. Mederium is not responsible for billing disputes between patients and providers. Any payment dispute that cannot be resolved directly should be referred to the appropriate consumer protection forum or tribunal in your province of residence.

12. Confidentiality & Medical Privilege

Information exchanged through the Platform — including clinical notes, diagnoses, prescriptions, and encrypted chat communications — is strictly confidential. All users agree:

• Not to disclose another user's personal or health information to any third party except as authorised by these Terms, required by law, or ordered by a court of competent jurisdiction in Pakistan.
• Not to screenshot, record, or distribute any consultation session without the express written consent of all participants, consistent with obligations under PECA 2016 and the PDPA 2023.
• That Providers must comply with all applicable obligations of medical confidentiality and patient-doctor privilege under PMC ethics guidelines and Pakistani law.
• That breach of patient confidentiality by a Provider may constitute professional misconduct reportable to the PMC and may give rise to civil or criminal liability under applicable Pakistani law.

13. Service Availability & Modifications

We strive to maintain reliable access to the Platform but do not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any feature or the entire Platform — temporarily or permanently — for reasons including maintenance, legal compliance, regulatory direction (including from the PTA or NCPDP), security incidents, or business changes.

We may update these Terms at any time. We will notify you of material changes by posting the revised Terms on the Platform and updating the "Last Updated" date, and by sending an email to your registered address at least 14 days before the changes take effect for changes that materially affect your rights. Your continued use after the effective date constitutes acceptance of the revised Terms.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at support@mederium.com. Upon termination, your right to use the Services ceases immediately. Data retention following termination is governed by our Privacy Policy and applicable Pakistani law, including PMC medical records retention requirements.

14.2 Termination by Mederium

We reserve the right to suspend or permanently terminate your account if we reasonably determine that you have:

• Violated any provision of these Terms.
• Engaged in fraudulent, abusive, or harmful conduct, or any conduct constituting an offence under Pakistani law.
• Provided false credentials or misrepresented your PMC registration status or professional qualifications.
• Failed to maintain valid PMC registration (for Providers).
• Created a legal, regulatory, or patient-safety risk for Mederium or other users.
• Been subject to a direction from the PMC, a court of competent jurisdiction, or any other competent authority requiring removal from the Platform.

Upon termination, all licences granted to you under these Terms immediately terminate. Sections 3, 8, 9, 12, 15, 16, 17, and 18 survive termination.

15. Disclaimers of Warranty

The platform and all services are provided "as is" and "as available". To the fullest extent permitted by applicable Pakistani law, Mederium expressly disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and uninterrupted or error-free operation. We do not warrant the accuracy, completeness, or suitability of any content on the platform, including AI-generated outputs.

Mederium makes no warranty or representation regarding the quality, competency, PMC registration status, or conduct of any healthcare provider who uses the platform. Your reliance on any provider is at your sole risk and subject to your own due diligence.

Nothing in this section excludes any statutory warranty or guarantee that cannot be excluded under mandatory Pakistani consumer protection law.

16. Limitation of Liability

To the fullest extent permitted by applicable Pakistani law, in no event shall Mederium, its officers, directors, employees, affiliates, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of data, loss of profits, service interruption, or the cost of substitute services — arising out of or in connection with your use of or inability to use the platform or any clinical care provided by a healthcare provider through the platform, even if advised of the possibility of such damages.

In no event shall Mederium's total cumulative liability to you for all claims arising from or related to these terms or the services exceed the greater of (a) the total amount paid by you to Mederium in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) Pakistani Rupees twenty-five thousand (PKR 25,000).

Nothing in this section limits or excludes liability for death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under mandatory Pakistani law, including applicable consumer protection legislation.

17. Indemnification

You agree to indemnify, defend, and hold harmless Mederium and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any applicable Pakistani law, regulation, or third-party right; (d) any clinical services you provide as a Provider, including any claims of malpractice, negligence, or professional misconduct before the PMC or Pakistani courts; or (e) any false or misleading information you have provided to Mederium or to other users.

18. Governing Law & Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed exclusively in accordance with the laws of the Islamic Republic of Pakistan, including but not limited to the Contract Act, 1872, the Electronic Transactions Ordinance, 2002, the PDPA 2023, and all other applicable Pakistani statutes and regulations. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

18.2 Mandatory Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at legal@mederium.com and provide written particulars of your dispute. We will attempt to resolve the matter informally within 30 days of receipt of your notice. This step is a condition precedent to initiating formal proceedings.

18.3 Arbitration

If the dispute cannot be resolved informally, both parties agree to resolve it by binding arbitration in accordance with the Arbitration Act, 1940 of Pakistan. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties, or failing agreement within 15 days, appointed by a court of competent jurisdiction in Islamabad. The seat and venue of arbitration shall be Islamabad, Islamic Republic of Pakistan. The language of the arbitration shall be English or Urdu, as agreed by the parties. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction in Pakistan.

This arbitration clause does not prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction to protect rights pending the outcome of arbitration.

18.4 Jurisdiction for Court Proceedings

For any matter not subject to arbitration, or for enforcement of an arbitral award, both parties irrevocably submit to the exclusive jurisdiction of the courts of competent jurisdiction in Islamabad, Islamic Republic of Pakistan.

18.5 Regulatory Complaints

Nothing in these Terms prevents you from making a complaint to the NCPDP regarding data protection matters, to the PMC regarding provider conduct, to the PTA regarding telecommunications services, or to the relevant provincial consumer protection tribunal regarding consumer rights.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Mederium regarding the Services and supersede all prior agreements and understandings, whether oral or written.
• Severability: If any provision of these Terms is found to be invalid, void, or unenforceable under applicable Pakistani law, that provision shall be severed and the remaining provisions shall continue in full force and effect.
• Waiver: Our failure or delay in enforcing any provision of these Terms shall not constitute a waiver of our right to enforce it in the future. No waiver is effective unless made in writing.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms (including in connection with a merger, acquisition, or sale of assets) subject to compliance with applicable Pakistani law.
• Force Majeure: We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, acts of government or regulatory authority, civil unrest, epidemic, telecommunications failures, or internet disruptions.
• Language: These Terms are provided in English. In the event of any conflict between an English version and any Urdu translation provided for convenience, the English version shall govern.
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and Mederium under the Contract Act, 1872 or otherwise.
• Electronic Notices: All notices given by us under these Terms will be given by email to your registered address or by posting on the Platform. Such notices shall be deemed received on transmission, consistent with the Electronic Transactions Ordinance, 2002.

20. Contact Information

For questions about these Terms, to report violations, or to resolve a complaint, please contact us: