MEDAZON - Platform Terms and Conditions
Last updated: 01/12/2018
These terms and conditions (Terms) apply whenever you (otherwise referred to as user) use our online platform (Platform) which may be accessible or be available via the website www.medazon.org , applications on iphone app store and google play store , and other means or platforms. Please read these Terms carefully and print a copy for your future reference. Your use of the Platform, irrespective of whether or not you have created an account, forms a legally binding contract with MEDAZON – KAIN TECHNOLOGIES ] (MEDAZON- KAIN TECHNOLOGIES , we or us) based on these Terms. If you do not agree to these Terms, you must stop using the Platform. By browsing, using, registering, and uploading any data to the Platform, you agree that you have read and understood, and agree to, these Terms (as amended from time to time). We may revise these Terms at any time by publishing an updated version on the Platform. Please check the Terms frequently to confirm whether they have been updated.
Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please email us on firstname.lastname@example.org .
- The Platform
The Platform is an online booking platform that connects people with clinics, hospitals, medical institutions and their doctors and medical professionals, laboratories and investigation centers and pharmacies (together Healthcare Provider). Healthcare Providers can register in the Platform to list and advertise their doctors and services. The users may use the Platform to find Healthcare Providers using various search criteria such as location, specialization, insurance coverage, etc., book appointments (for themselves or other people), contact pharmacies for the purposes of ordering medicines and other products, access content, and pay for the Services provided by the Healthcare Providers further to a booking made through the Platform. Our role is limited to operating the Platform and enabling the Medical Institutions to market themselves, their doctors and their services or products, and users to connect with them. It is up to you to consider and decide whether the Healthcare Providers and services you book through the Platform are appropriate to you. Nothing in the Platform shall be deemed to create a medical professional/patient relationship or the provision of any medical services by the Healthcare Providers. Do not disregard, avoid or delay obtaining medical advice from a qualified Healthcare Provider, under any circumstance, including without limitation if there is no availability for bookings through the Platform. Do not use the Platform for emergency or urgent medical needs. In these circumstances please call the local emergency numbers. To the extent any content (including without limitation text, graphics, images, photographs, video, audio, information, suggestions, guidance, case studies, and other materials provided, made available or otherwise found through the Platform (Content)) is published on the Platform, you acknowledge and agree that such Content is provided for general information only and does not create a medical professional/patient relationship, or constitute an opinion or medical advice, diagnostics or treatment. The Content is provided solely to assist you in choosing a Healthcare Provider. We make no representations, warranties or guarantees, express or implied, that the Content on our Platform is accurate, complete, up to date, legal or does not infringe the rights of any third party.
About the Healthcare Providers
The Healthcare Providers register in the Platform and are responsible for the Content and information they publish, or ask us to publish on their behalf, in the Platform in relation to themselves, their services, the expertise and qualifications of their medical professionals, their availability dates for appointments, etc. They and their medical professionals are not our employees, agents or representatives and we assume no liability for any acts or omissions of the Healthcare Providers, any Content and information they publish, or ask us to publish on their behalf, in the Platform, or any advice and recommendations they may give during a consultation booked through the Platform. We make no representations and give no warranties in relation to the qualifications, skills, ability, degrees, licenses, certificates, etc. of the Healthcare Providers, quality and availability of services provided by the Healthcare Providers, prices or cost information, insurance coverage or benefit information, or any other Content available through the Platform. We do not in any way endorse or recommend any individual or entity, or services listed or advertised on the Platform. We urge you to do your own due diligence and verify the qualifications of the Healthcare Providers before booking an appointment and receiving medical services from them. Your relationship relating to the medical services provided by the Healthcare Providers is strictly with the Healthcare Providers. We are not in any manner involved in, and make no representations and give no warranties, in relation to the actual substance of the medical services provided by the Healthcare Providers, the compliance of such services with any laws in any jurisdiction, the effectiveness or use of any advice or counselling given by the Healthcare Providers to the users using the Platform, the availability of services from Healthcare Providers at any time, including at the time of an appointment made by the users through the Platform, or otherwise. In case you make a payment through the Platform, or make any payment to us, this payment is made to us for and on behalf of the Healthcare Providers for the medical services they will provide. We may charge the Healthcare Providers by taking a portion of this payment for the use and operation of the Platform. We will not be deemed in any way to receive payment from you, in any capacity. You acknowledge and agree that if you have any claim against a Healthcare Provider or against any person as a result of or in connection with the use of the Platform, you will raise the claim against the Healthcare Provider and such persons only and you relieve us and our subsidiaries, affiliates, employees, officers, agents, shareholders, owners, etc. from all manners of claims, actions or demands that you may have.
The Platform is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Platform. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States, the European Union and the United Arab Emirates, and its citizens, you may not use this Platform.
- Creation of an account
You will bear all the risks associated with the uploading and transmitting information and using the Platform including without limitation reliance on its accuracy, reliability or legality. If for some reason, the Platform is down, not working properly, or the available booking slots published in the Platform are not correct and up to date, we will not be liable for any damages, loss, cost or expense which may arise out of or in connection with the Platform being down or not working properly at any time.
If you are a Healthcare Provider you will be bound by these Terms and the additional terms in any applicable agreements entered into between you and us in relation to your registration on and use of the Platform.
- Use of the Platform
- You agree to use the Platform at your sole risk and only for lawful purposes and in a way which does not infringe the rights of any anyone else, the morals, costumes, traditions and values of the jurisdiction you are in, is contrary to Islamic principles, or the social norms or moral or cultural considerations of the UAE or other GCC countries, or restrict or inhibit anyone else's use and enjoyment of the Platform.
- We cannot assess whether the use of the Platform, the Healthcare Providers or the services they may provide are right and suitable for your needs. You should never rely on or make health or wellbeing decisions which are primarily based on information or Content provided in the Platform.
- You are permitted to download and print Content from the Platform solely for your own personal purposes and use. Platform content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of the Platform or reproduce, link, frame or deep-link it on any other website or platform without our express written permission. You are not entitled to use the content of the Platform for commercial exploitation in any circumstances.
- You agree not to use any device, software or routine to interfere with the proper working of the Platform or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
- You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Platform and the transfer and sharing of information with the Healthcare Providers or the users (as applicable), including without limitation, import/export requirements, and we expressly disclaim any liability or responsibility thereto.
- Without limiting any other rights and remedies we may have available under these Terms or at law, we may, without giving any notice, limit your activities on the Platform, deny your access to the Platform, or remove information uploaded by you if you breach these Terms or if we consider your use of the Platform or the information provided by you in the Platform, to us or other users, is inappropriate, potentially creates liability for us, or may cause us to lose (in whole or in part) the services of our Internet service provider, advertisers, or other suppliers.
- Your information
- You are solely responsible for the content of your information provided to us or other users, during your registration or use of the Platform, in any public or private message area, blogs, through any email feature or otherwise generated out of your use of the Platform (Your Information).
- You agree that Your Information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (c) be libelous, unlawfully threatening, or unlawfully harassing, or (d) be contrary to Islamic principles, or the social norms or moral or cultural considerations of the UAE or other GCC countries, (e) for which you have not obtained all necessary licences and approvals, or (f) which is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- Without prejudice to any rights or remedies we have under the Terms and the law, we reserve the right to remove Your Information and any materials that breach these Terms or that we deem, at our sole discretion, inappropriate.
- Fees and Payment
- You confirm and agree that all payment related information that you provide to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
- If you decide to pay the fees for medical services you booked through the Platform, you shall make such payment at the time of making the respective booking, in accordance with the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card or through any other payment method in use in the Platform from time to time. By providing us with your credit card or other payment information you authorize us to bill and charge you through that credit card or any other payment mechanism you may advise. You acknowledge and agree that in case of no-show to the appointment booked and paid through the Platform, or in case you cancel your appointment , please refer to the cancellation and refund policy which is separately mentioned .
- Insurance Content
- The insurance related Content (including without limitation insurance coverage and benefits within certain Healthcare Providers, etc.) published on the Platform is intended for general reference purposes and for your convenience only.
- Insurance Content can change frequently and may become out of date, incomplete or inaccurate and may not apply to your specific policy. We make no representations and warranties in relation to the insurance Content, and we are not responsible for any inaccurate, incomplete or outdated insurance Content.
- Irrespective of the insurance Content in the Platform, prior to making an appointment, we recommend you confirm with your insurance company whether the services you intend to book through the Platform are covered by your health insurance.
- Modifications, Termination, Interruption and Disruptions of the Platform
- You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
- The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free. We do not guarantee that you will be able to use the Platform without interruptions. We will not be liable for any damages, costs, expenses or liabilities arising out of or in connection with any modifications, termination, interruption and disruptions of the Platform.
- Limitation of our liability
- We shall not be liable to you for any damages, claims, expenses, or other costs (including without limitation legal and attorneys’ fees) you suffer or incur relating to your use of the Platform, or the Content, including without limitation any act, omission, opinion, advice, suggestion, or information provided by any Healthcare Provider. Under no circumstances will we be liable for any indirect special, economic, incidental, consequential or punitive damages. You agree that you are responsible for, and will indemnify us for any damages, claims, expenses, or other costs (including without limitation legal and attorneys’ fees) which we may suffer or incur arising out of or in connection with, any third-party claims in relation to Your Information, your use of the Platform, or any breach by you of this agreement.
- Intellectual Property Rights
- We shall retain all ownership in the Platform and all content generated by it that is displayed on the Platform. We grant you a nonexclusive, revocable right to use the Platform as set out in these Terms, provided that you do not (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (b) modify or attempt to modify the Platform in any manner or form, except that you have the right to modify Your Information. The Platform or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
- You shall retain all ownership in Your information. You grant us a nonexclusive, worldwide, irrevocable, royalty free license to use Your Information as we may deem necessary for the functioning of the Platform.
- Third Party Links
- Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Inclusion of such links should not be interpreted as sponsorship, endorsement or approval by us of those linked websites or information you may obtain from them. We have no control over those websites or resources.
- No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
- If any of these Terms is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
- Only you and us shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.
- These Terms are governed by and shall be construed in accordance with the laws of the Dubai International Financial Centre. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the Dubai International Financial Centre (DIFC) Courts, including the DIFC small claims tribunal, where such tribunal has specific jurisdiction for such claim.