Terms and Conditions

Welcome to Amerck Care & Amerck Care Online OPD (“Company,” “we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your access and use of our telemedicine application, services, and related features (collectively, the “Platform”). By registering, accessing, or using the Platform, you agree to be legally bound by these Terms. If you do not agree, you must not use the Platform.

1. Eligibility

1.1. Patients must be at least 18 years of age to create an account. Users under 18 may only access the Platform under the supervision of a parent or legal guardian, who assumes full responsibility.

1.2. Doctors or healthcare providers using the Platform must:

  • Hold valid licenses from their relevant medical regulatory authority.
  • Provide accurate professional registration details upon onboarding.

1.3. By using the Platform, you represent and warrant that you meet these eligibility requirements.

2. Account Registration & Responsibilities

2.1. You agree to provide true, accurate, and complete information during registration and to update such information when necessary.

2.2. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

2.3. You agree not to:

  • Misuse or attempt to gain unauthorized access to the Platform.
  • Provide false information about your medical history or identity.
  • Use the Platform for unlawful, fraudulent, or abusive purposes.

3. Nature of Services

3.1. The Platform enables patients to consult with licensed doctors remotely through online sessions.

3.2. We are not a healthcare provider. We only provide technology that facilitates doctor–patient interaction. Doctors remain independent practitioners responsible for their professional advice, diagnosis, and treatment.

3.3. The Platform is not intended for emergency medical conditions. In emergencies, patients must immediately contact their local emergency services (e.g., 1990 Suwa Seriya in Sri Lanka).

4. Consultations & Limitations

4.1. Online consultations may have limitations compared to physical examinations, including lack of physical diagnostics.

4.2. Patients are responsible for providing complete and accurate medical history, symptoms, and information during consultations.

4.3. We make no warranties as to:

  • The accuracy, completeness, or outcome of medical advice provided by doctors.
  • Availability of specific doctors at all times.
  • The suitability of the Platform for all medical conditions.

5. Payments & Billing

5.1. All consultation fees must be paid in advance via secure third-party payment gateways.

5.2. Subscription or package plans (if applicable) are billed in advance.

5.3. Fees are displayed transparently before booking and may be revised from time to time. Continued use of the Platform constitutes acceptance of revised pricing.

5.4. We are not liable for delays in payment processing caused by banks, payment gateways, or other third-party services.

6. Intellectual Property

6.1. All software, branding, design, content, and intellectual property on the Platform remain the property of Amerck Care Online OPD.

6.2. You are granted a limited, non-transferable, non-exclusive license to use the Platform for personal healthcare purposes.

6.3. Unauthorized reproduction, modification, distribution, or resale of the Platform is strictly prohibited.

7. Data Protection & Privacy

7.1. By using the Platform, you consent to the collection, use, and processing of your personal data as outlined in our Privacy Policy.

7.2. We implement reasonable technical and organizational measures to protect your information. However, no online system can guarantee absolute security.

7.3. Users are responsible for ensuring their own devices and internet connections are secure when accessing the Platform.

8. Limitation of Liability

8.1. To the fullest extent permitted by law, Amerck Care Online OPD shall not be liable for:

  • Any loss, injury, or damage resulting from reliance on medical advice provided by doctors.
  • Delays, cancellations, or service interruptions beyond our reasonable control.
  • Data breaches caused by third-party service providers despite reasonable safeguards.
  • Any indirect, incidental, or consequential damages.

8.2. Our total liability, if any, shall be limited to the amount paid by you for the specific consultation or service giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless Amerck Care Online OPD, its affiliates, officers, employees, and partners from any claims, damages, liabilities, or expenses (including legal fees) arising from:

  • Your misuse of the Platform.
  • False or misleading information provided by you.
  • Any breach of these Terms.

10. Governing Law & Jurisdiction

10.1. For users in Sri Lanka, these Terms are governed by the laws of Sri Lanka and subject to the jurisdiction of Sri Lankan courts.

10.2. For international users, these Terms are governed by and construed in accordance with the laws of Sri Lanka. Any disputes shall be subject to the exclusive jurisdiction of the courts of Colombo, Sri Lanka, unless local mandatory consumer protection laws in the user’s country of residence provide otherwise.

11. Modifications

We may amend these Terms at any time. Updated Terms will be posted on the Platform, and continued use constitutes acceptance of the revised Terms.