Welcome to the portal www.medcare.com, (the “Website”). The website is
operated by medcare, GCC, having its registered office at
100 meters road, Kurdistan, Erbil
PLEASE CAREFULLY READ THE TERMS OF USE OF THIS WEBSITE.
THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY ARE AVAILABLE AT www.kashafiya.com/privacy-policy,
TERMS OF USE FOR USERS AND MEDICAL PRACTITIONERS www.kashafiya.com/terms-and-conditions AND OTHER RELEVANT POLICIES THAT
MAY BE APPLICABLE TO SPECIFIC AREAS OF THIS WEBSITE CONSTITUTE THE TERMS OF YOUR ACCESS TO AND
USAGE OF THE WEBSITE. BY SELECTING THE ‘I ACCEPT’ BUTTON AT THE BOTTOM OF THIS PAGE OR ACCESSING
OR USING ANY PART OF THIS WEBSITE, YOU AGREE TO THE CONDITIONS OF THESE TERMS OF USE, THE
PRIVACY POLICY, THE ADDITIONAL TERMS OF USE FOR MEDICAL PRACTITIONERS AND OTHER POLICIES WHICH
MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO FOLLOW THESE TERMS OF USE, THE PRIVACY
POLICY, AND OTHER POLICIES WHICH ARE APPLICABLE TO SPECIFIC SECTIONS OF THIS WEBSITE PLEASE DO
NOT ACCESS OR USE THE WEBSITE.
PLEASE CAREFULLY READ THE TERMS OF USE OF THIS WEBSITE.
THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY ARE AVAILABLE AT www.medcare.com/privacy-policy, TERMS OF USE
FOR USERS AND MEDICAL PRACTITIONERS www.medcare.com/terms-and-conditions AND
OTHER RELEVANT POLICIES THAT MAY BE APPLICABLE TO SPECIFIC AREAS OF THIS WEBSITE CONSTITUTE THE
TERMS OF YOUR ACCESS TO AND USAGE OF THE WEBSITE. BY SELECTING THE ‘I ACCEPT’ BUTTON AT THE
BOTTOM OF THIS PAGE OR ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE TO THE CONDITIONS
OF THESE TERMS OF USE, THE PRIVACY POLICY, THE ADDITIONAL TERMS OF USE FOR MEDICAL PRACTITIONERS
AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO FOLLOW THESE
TERMS OF USE, THE PRIVACY POLICY, AND OTHER POLICIES WHICH ARE APPLICABLE TO SPECIFIC SECTIONS
OF THIS WEBSITE PLEASE DO NOT ACCESS OR USE THE WEBSITE.
These Terms of Use, the Privacy Policy and any other policies that may be
applicable to specific sections of the Website, including any disclaimers that may be present on the
Website are denoted as
Agreement
If ‘You’ access the medcare mobile application, then this Agreement is applicable
to its use as well. In addition, additional terms may be applicable which govern the use of the
mobile application. In such case, the term 'Website' will be deemed to refer to the medcare mobile
application.
The features or services of this website are available only in the GCC region.
However, non-registered users may still browse through the information listed on the website.
This Agreement surpasses all previous written and oral terms and conditions (if
any) communicated to ‘You’.
1.
THE WEBSITE
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1.1.
Users: The Website is accessible to visitors/non-registered
users, registered users and medical practitioners. "Registered Users" are people who
have registered for an account on the Website by providing medcare with required
information and who can also log in to the Website by providing their username and
password. "Non-Registered Users" are visitors who are not registered with the Website
but may access information on the Website. Certain features of the Website are available
to Registered Users only. "Medical Practitioners" are duly qualified members of the
medical profession and (a) with whom Registered Users can book appointment using the
Website or (b) who can provide information to questions raised by Registered Users or
(c) with whom Registered Users can consult privately with respect to their queries or d)
who can generate and provide health related information and education material for
general use of Registered Users.
Registered Users, Non-Registered Users and Medical Practitioners
shall collectively be referred to as
Users
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1.2.
Features of the Website: The Website offers the following
features
a)
For Registered Users
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i.
Platform for obtaining general and preliminary
information from the Medical Practitioner concerning a health related question:
You may ask any health related questions on the Website and obtain preliminary
and generic information to such question from a Medical Practitioner.
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ii.
Platform for viewing general and preliminary information
of the Medical Practitioner on questions submitted by other Registered Users:
You may read this information provided by a Medical Practitioner to questions
submitted by other Registered Users on the Website.
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iii.
Platform to schedule an appointment with the Medical
Practitioner: You may use Website to schedule an appointment with the Medical
Practitioner.
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iv.
Platform for private interaction with the Medical
Practitioner: You may interact with the Medical Practitioner privately on the
chat feature available on the Website or via the phone or through the mobile app
which the Website may provide after paying consultation fee to the Medical
Practitioner.
b)
For Non-Registered Users
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i.
Access to Medical Practitioner Profiles: Depending on
the extent of information shared by Medical Practitioners at the time of
registration with the Website, the Medical Practitioner’s profile contains their
name, qualifications, experience, specialization, consultant fees, personal
statement, education, professional memberships etc. These can be accessed by
you. The Website offers various search features to help you access Medical
Practitioner profiles.
c)
For Medical Practitioners
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i.
Platform to create a public profile: You may upload your
profile containing your name, qualification, experience, specialization,
consultation fees, personal statement, education, professional memberships etc.
on the Website. Your profile is accessible to all Registered as well as
Non-Registered Users.
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ii.
Platform for private interaction: You may use the
Website or medcare Doctor App for private interaction with Registered Users. In
case of private interaction, you may exchange texts, images, videos over the
chat feature of the platform and communicate through other means deemed
permissible by medcare, such as telephone calls.
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iii.
Platform to answer questions to health related questions
submitted by Registered Users: You may provide your preliminary and general
information to health related questions submitted by Registered Users.
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iv.
Platform to publish Doctor-contributed health related
information and education material: You may contribute health related
information and education material which MedCare’s editors may, with or without
modification, at its sole discretion, publish on the Website.
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1.3.
Types of content on the Website
The various types of content available on the Website is
categorised as follows
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1.3.1.
Content provided by Registered Users including questions
provided by Registered Users and interactions in the course of private
interactions with Medical Practitioners ("User Content").
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1.3.2.
Content provided by Medical Practitioners including
health-related information and educational material; and information provided
through responses to questions asked by Registered Users ("Medical Practitioner
Content").
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1.3.3.
Content which medcare has generated or procured for the
Website ("medcare Content").
2.
USE OF THE SITE
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2.1.
Use by all Users (Registered, Non-Registered User and
Medical Practitioners)
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2.1.1.
You will use the Website and its features only in
relation to and in compliance with all applicable GCC laws. You will not use
this Website or any feature provided by the Website for any purposes not
intended under this Agreement.
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2.1.2.
You will not deliberately use the Website in any way
that is unlawful or harms medcare, its directors, employees, affiliates,
distributors, partners, service providers and/or any User and/or data or content
on the Website.
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2.1.3.
You understand that as part of your registration process
as well as in course of your use of the Website, you may receive SMS messages
from medcare on your registered mobile number. These messages will relate to
your registration, transactions that you carry out through the website and any
such information found suitable of your attention by medcare. Please note that
medcare will send these SMS messages only to the mobile number that you provide
on the Website. It is your responsibility to ensure that you provide the correct
number for the transaction you wish to enter into. Further, medcare may also
send notifications and reminders to you with respect to appointments scheduled
by you for the features that you may be using on the Website. You hereby consent
to receive such messages from medcare.
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2.1.4.
By using the website and/or registering yourself at
medcare you authorize us to contact you via email or phone call or SMS and
offer you services for the product you have opted for, imparting product
knowledge, offer promotional offers running on website, for which reasons,
personally identifiable information may be collected as detailed below. And
irrespective of the fact if you have registered yourself under DND or DNC or
NCPR service, you still authorize us to give you a call from medcare &
associate partners for the above mentioned purposes.
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2.2.
Use by Registered User
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2.3.
Use by a Non-Registered User
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2.3.1.
medcare will provide you with lists and/or profile
previews of Medical Practitioners based on information that you provide to the
Website’s search features (such as area of specialty and geographical location).
Please note that medcare
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i)
does not recommend or endorse any Medical
Practitioners mentioned on the Website; and
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ii)
does not make any representations or warranties
with respect to these Medical Practitioners or the quality of the
healthcare services they may provide
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2.4.
Refund Policy for Paid Consults
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2.4.1.
In case a Medical Practitioner is not available to
respond to a paid consult, you may report the issue to medcare and request for
cancellation, post which medcare will process the refund amount equalling to
the total actual amount paid by you.
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2.4.2.
In the event it is proved that a Medical Practitioner
has acted in a manner that is against any applicable laws, medcare shall
provide complete refund to you, subject to investigation undertaken by medcare.
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2.4.3.
In the event it is proved that you have MedCaren strated an abusive nature during the consult, you shall not be eligible for any refund
and medcare/Medical Practitioner shall be entitled to take any legal action as
applicable.
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2.4.4.
You are allowed a period of seven (7) days to report any
consult as incomplete or unsatisfactory, and request for a refund. No refund
requests shall be entertained thereafter.
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2.4.5.
You can request a refund from your consult chat screen
or by sending us an email at
info@medcare.com
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2.4.6.
In the event medcare establishes that your refund claim
meets the above conditions, medcare shall process the refund accordingly and
the money will be refunded to you within three (3) working days from the day
refund has been approved from medcare.
3.
ROLE OF medcare
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3.1.
MedCare’s role is limited to a) providing a platform for
hosting and publishing User Content and Medical Practitioner Content b) providing a
platform for Registered Users to raise health related questions and Medical
Practitioner’s to provide preliminary and general information to questions c) providing
a platform for private interaction between Registered User and the Medical Practitioner
d) providing a platform to find Medical Practitioners based on Registered User’s inputs
and Medical Practitioner profiles created by Practitioners themselves and e) providing a
platform for Registered Users to order Medicines f) facilitating collection and
disbursal of consultation and service fees for Practitioners.
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3.2.
MedCare’s role is that of an "intermediary" as defined under
the Information Technology Act, 2000 and the rules thereunder. Being an intermediary,
medcare has no responsibility and / or liability in respect of the content and
transactions on the Website including any User Content, Medication or Medical
Practitioner Content , information provided by Medical Practitioners, interactions
between Medical Practitioners and Users.
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3.3.
medcare does not have the obligation to pre-screen or monitor
User Content, Medication Content or Medical Practitioner Content at any time. However
medcare may elect to monitor any User Content or Medical Practitioner Content and
remove any User Content and Medical Practitioner content from the Website if medcare
determines in its sole discretion that such User Content and/or Medical Practitioner
Content is in violation of this Agreement or any applicable law and best practices.
Where medcare removes any User Content or Medical Practitioner Content from the
Website, medcare will make reasonable efforts to inform the User or Medical
Practitioner who had posted such User Content or Medical Practitioner Content
respectively. Such actions do not in manner negate or dilute MedCare’s position as an
intermediary or impose any liability on medcare with respect to User Content and/or
Medical Practitioner Content.
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3.4.
If medcare suspects any illegal, wrongful or fraudulent
activity on the Website by any Registered User, Lab or Medical Practitioner,
notwithstanding any other rights medcare may have, medcare reserves the right to
inform the relevant government or law enforcement authorities. medcare will cooperate
in all investigative procedures or requests for access / information initiated by any
such government or law enforcement authorities.
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3.5.
medcare does not endorse or influence control over any
particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4.
LINKS TO THIRD PARTY WEBSITES
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4.1.
You may be provided with links on the Website that direct you to
third party websites / applications / content or service providers, including
advertisers and e-commerce websites (collectively "Third Party Websites").
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4.2.
medcare does not endorse any Third Party Websites that you may
be directed to from the Website.
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4.3.
Links to such Third Party Websites are provided for your
convenience only. Please exercise your independent judgment and prudence when visiting /
using any Third Party Websites via a link available on the Website. Should you decide to
click on the links to visit such Third Party Website, You do so of your own volition.
Your usage of such Third Party Websites and all content available on such Third Party
Websites is subject to the terms of use of the respective Third Party Website and
medcare is not responsible for your use of any Third Party Websites.
6.
PERSONAL INFORMATION
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6.1.
We may collect various personal information from you when you
use the Website and or the features provided by the Website.
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6.2.
Our Privacy Policy available at www.medcare.com/privacy-policy
sets out our policy with respect to the collection, storage, use, transfer and
protection of any such personal information.
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6.3.
When you select the 'I accept' or 'I agree' tab at the time of
registering or otherwise provide your personal information, you specifically consent to
our Privacy Policy.
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6.4.
medcare may disclose your Personal Information in accordance
with applicable law.
8.
LIMITATION OF LIABILITY
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8.1.
To the fullest extent permitted by law, in no event will
medcare or its affiliates be liable for any direct, indirect, special, incidental,
punitive, exemplary or consequential damages (including, without limitation, loss of
business, revenue, profits, goodwill), whether or not medcare has been warned of the
possibility of such damages or could have reasonably foreseen such damages.
9.
REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That
nbsp;
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9.1.
You are 18 years of age or older and that your use of the
Website shall not violate any applicable law or regulation.
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9.2.
All registration information ‘You’ submit is truthful and
accurate and that you agree to maintain the accuracy of such information.
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9.3.
You as a Registered or Non-Registered User will use the Website
solely for your personal and non-commercial use. Any use of this Website or its content
other than for personal purposes is prohibited.
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9.4.
Your use of this Website shall be subjected to the following
restrictions
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9.4.1.
You will not delete or modify any content of the Website
including but not limited to, legal notices, disclaimers or proprietary notices
such as copyright or trademark symbols, logos, that you do not own or have
express permission to modify.
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9.4.2.
You will not decompile, reverse engineer, or disassemble
the content, or
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9.4.3.
You will not remove any copyright, trademark
registration, or other proprietary notices from the Website. You further agree
not to access or use this Website in any manner that may be harmful to the
operation of this Website or its content.
nbsp;
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9.5.
You will not use the Website and / or services in any way that
is unlawful, or harms the Company or any other person or entity, as determined in the
Company's sole discretion.
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9.6.
You will not engage in any form of antisocial, disrupting, or
destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing"
and "griefing" as those terms are commonly understood and used on the Internet.
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9.7.
You will not host, display, upload, modify, publish, transmit,
update or share any information that
—
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a)
belongs to another person and to which the user does not
have any right to.
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b)
is grossly harmful, harassing, blasphemous defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever.
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c)
harm minors in any way.
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d)
infringes any patent, trademark, copyright or other
proprietary rights(s), violates any law for the time being in force.
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e)
deceives or misleads the addressee about the origin of
such messages or communicates any information which is grossly offensive or
menacing in nature.
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f)
impersonate another person.
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g)
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer resource.
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h)
threatens the unity, integrity, defence, security or
sovereignty of the countries in the GCC region, friendly relations with foreign
states, or public order or causes incitement to the commission of any cognizable
offence or prevents investigation of any offence or is insulting any other
nation.
10.
INDEMNIFICATION
You hereby indemnify, defend, and hold medcare, the MedCare’s
distributors, agents, representatives and other authorized users (Registered and
Non-Registered Users, Medical Practitioners), and each of the foregoing entities' respective
resellers, distributors, service providers and suppliers, and all of the foregoing entities'
respective officers, directors, owners, employees, agents, representatives, harmless from
and against any and all losses, damages, liabilities and costs arising from (i) Your use of
the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or
intentional wrongdoing on Your part.
nbsp;
11.
TERMINATION
medcare reserves the right, in the event it finds out in its sole
discretion that you breached the Agreement, to suspend and / or terminate Your user account
and/or access to the Website by blocking Your IP address or email id with or without notice
to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending
and / or terminating your user account and/or your access to the Website. Upon suspension or
termination, your right to use the features on the Website shall immediately cease and the
Company reserves the right to remove or delete your information that is available with the
Company, including but not limited to login and account information.
nbsp;
Upon user account termination or suspension, regardless of the reasons
therefore, Your right to use the Website, User Content, Medical Practitioner Content or
medcare Content immediately ceases, and you acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your account
and/or bar any further access to such files or this site. medcare shall not be liable to
you or any third party for any claims or damages arising out of any termination or
suspension of your user account or any other actions taken by us in connection with such
account termination or suspension.
12.
GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any
disputes arising under this Agreement shall be governed by the laws of the GCC region.
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13.
MODIFICATIONS
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13.1.
medcare reserves the right to modify any part of the agreement
at any time without giving you prior notice.
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13.2.
When we update the agreement, the next time you visit the
website, the website will provide a message to you (which may be sent by email if you
have provided your email id) which will intimate you of the amendments. You do not agree
to the amendments, please do not use the Website any further.
14.
ARBITRATION
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14.1.
Any dispute, claim or controversy arising out of or relating to
this notice or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to
arbitrate, or to your use of the Website or its features or the information to which it
gives access, shall be determined by arbitration in the GCC region. The governing law of
the Agreement shall be the substantive law of In the GCC region. All proceedings of such
arbitration, including, without limitation, any awards, shall be in the English
language. The award shall be final and binding on the Parties.
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14.2.
The Parties shall have the right to apply to a court of
competent jurisdiction to obtain interim injunctive relief in respect of any dispute,
pending resolution of such dispute in accordance with the Agreement.
15.
GENERAL PROVISIONS
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15.1.
Severability: If any provision of this Agreement is held by a
court of competent jurisdiction or arbitral tribunal to be unenforceable under
applicable law, then such provision shall be excluded from the Agreement and the
remainder of the Agreement shall be interpreted as if such provision were so excluded
and shall be enforceable in accordance with its terms; provided however that, in such
event the Agreement shall be interpreted so as to give effect, to the greatest extent
consistent with and permitted by applicable law, to the meaning and intention of the
excluded provision as determined by such court of competent jurisdiction or arbitral
tribunal.
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15.2.
Notices: All notices and other communications required or
permitted hereunder to be given to a Party shall be in writing, in the English/Arabic
language, and shall be sent by facsimile, e-mail, or mailed by prepaid
internationally-recognized courier, or otherwise delivered by hand or by messenger,
addressed to such Party's address as set forth below or at such other address as the
Party shall have furnished to the other Party in writing in accordance with this
provision
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15.3.
Waiver: No term of the Agreement shall be deemed waived and no
breach excused, unless such waiver or consent shall be in writing and signed by the
Party claimed to have waived or consented. Any consent by any Party to, or waiver of a
breach by the other, whether expressed or implied, shall not constitute consent to,
waiver of, or excuse for any other different or subsequent breach.
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15.4.
Complete Understanding: The Agreement contain the entire
understanding of the Parties, and there are no other written or oral understandings or
promises between the Parties with respect to the subject matter of the Agreement other
than those contained or referenced in the Agreement.
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15.5.
Force Majeure: medcare shall not be liable for any downtime or
delay or unavailability of the Website caused by circumstances beyond MedCare’s
reasonable control, including without limitation, acts of God, acts of government,
floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour
problems, internet service provider failures or delays, or denial of service attacks.
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15.6.
Advice of Counsel: Each Party acknowledges: (a) having fully
read the Agreement in its entirety; (b) having had full opportunity to study and review
the Agreement.
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15.7.
Advertisement: medcare shall have the right to place
advertisements and publicity materials of its choice, including that pertaining to
parties other than itself for commercial use through electronic means on the Website.
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15.8.
Assignment: You may not assign or sub-license, without the prior
written consent of medcare, the rights, duties or obligations under this Agreement, in
whole or in part, to any person or entity.
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15.9.
Conflict: In the event there is any conflict between the terms
set out in these Terms of Use, the Privacy Policy and any other policies applicable to
specific pages of the Website, the following order of prevalence shall apply: (i) the
Privacy Policy (ii) these Terms of Use (iii) any other policies applicable to specific
pages of the Website.