The Agreement applies to you whether you are:
i. A medical provider or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the application, including designated, authorized associates of such providers or institutions ("Provider (health care provider', "you" or "User);
ii. A patient, his/her representatives or affiliates, searching for Providers through the Appzakhana ("End User", "you" or "User");
ii. Otherwise a user of the Appzakhana application ("'you" or "User").
This Agreement applies to those services made available by Appzakhana application, which are offered free or for charge to the Users ("Services"), including the following:
i. For providers: Listing of providers and their profiles and contact details, to be made available to the other Users and visitors to the Application;
ii. For other Users: Facility to (i) create and maintain Health Accounts, (ii) search for Providers by name, specialty, and geographical area, or any other criteria that may be developed and made available by Appzakhana, and (iii) to make appointments with Providers.
The Services may change from time to time, at the sole discretion of Appzakhana, and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Appzakhana.com.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.
If you do not agree with any part of the Agreement, please do not use the Application or avail any Services. Your access to use of the Application and the Services will be solely at the discretion of Appzakhana.
By registering, visiting and using the Platform (applications/website) or accepting this Agreement, you represent and warrant to Appzakhana that you have the right, authority and capacity to use the Application and the Website and the Services available through the Application and the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Health care providers
3.1.2 Appzakhana may by its Services, collect information relating to the devices through which you access the Platform (applications/website), and anonymous data of your usage. The collected information will be used only for improving the quality of Appzakhana services and to build new services.
3.1.3 The Application allows Appzakhana to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Health care providers and their practice.
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information;
iii. How and to whom Appzakhana will disclose such information; and,
iv. Other information mandated by the SPI Rules.
v. the fact that certain information is being collected;
vi. The purpose for which the information is being collected;
vii. The intended recipients of the information;
vii. The nature of collection and retention of the information; and
ix. The name and address of the agency that is collecting the information and the agency that will retain the information; and
x. The various rights available to such Users in respect of such information.
3.1.6 Appzakhana shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Appzakhana or to any other person acting on behalf of Appzakhana.
3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the App and Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User.
The User shall immediately notify Appzakhana of any actual or suspected unauthorized use of the User's account or password. Although Appzakhana will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Appzakhana or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Appzakhana has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Appzakhana has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Appzakhana may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
Appzakhana relevance algorithm for the Providers is a fully automated system that lists the Providers, their profile and information regarding their Practice on its Platform (applications/website). These listings of Providers do not represent any fixed objective ranking or endorsement by Appzakhana. Appzakhana will not be liable for any change in the relevance of the Providers on search results, which may take place from time to time. The listing of Providers will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Appzakhana in no event will be held responsible for the accuracy and the relevancy of the listing order of the Providers on the Platform (applications/website).
3.3.1 Appzakhana collects, directly or indirectly, and displays on the application, relevant information regarding the profile and practice of the Providers listed on the Platform (applications/website), such as their specialization, qualification, fees, location, visiting hours, and similar details. Appzakhana takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Appzakhana screens and vets the information and photos submitted by the Providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by Appzakhana or any of its licensors or service providers are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Appzakhana does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services.
Appzakhana does not guarantee the accuracy or completeness of any content or information provided by Users on the application. To the fullest extent permitted by law, Appzakhana disclaims all liability arising out of the User's use or reliance upon the application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the application, or any opinion or suggestion given or expressed by Appzakhana or any User in relation to any User or services provided by such User.
3.3.3 The Application may be linked to the application of third parties, affiliates and business partners. Appzakhana has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our platform.
3.3.4 Appzakhana assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Platform (applications/website). If a User is dissatisfied with the Application, User's sole remedy is to discontinue using the application.
3.3.5 If Appzakhana determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Appzakhana reserves the right to immediately suspend your access to the Application or any of your accounts with Appzakhana and makes such declaration on the application alongside your name/your clinic's name as determined by Appzakhana for the protection of its business and in the interests of Users. You shall be liable to indemnify Appzakhana for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Appzakhana or its Users.
Appzakhana enables Users to connect with Providers through Book facility that allows Users book an appointment through the application.
3.4.1 Appzakhana will ensure Users are provided confirmed appointment on the Book facility. However, Appzakhana has no liability if such an appointment is later cancelled by the Provider, or the same Provider is not available for appointment. Provided, it does not fall under the heads listed under the Appzakhana Guarantee Program, in which case the terms of this program shall apply.
3.4.2 The results of any search Users perform on the Application for Providers should not be construed as an endorsement by Appzakhana of any such particular Provider. If the User decides to engage with a Provider to seek medical services, the User shall be doing so at his/her own risk.
3.4.3 Without prejudice to the generality of the above, Appzakhana is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Provider. User understands and agrees that Appzakhana will not be liable for:
i. User interactions and associated issues User has with the Provider;
ii. The ability or intent of the Provider (s) or the lack of it, in fulfilling their obligations towards Users;
ii. Any wrong medication or quality of treatment being given by the Provider (s), or any medical negligence on part of the Provider (s);
iv. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Provider to provide agreed Services;
V. any misconduct or inappropriate behavior by the Provider or the Provider's staff;
vi. Cancellation or no show by the Provider or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Appzakhana Guarantee Program.
3.4.4 Users are allowed to provide feedback about their experiences with the Provider, however the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Appzakhana shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Provider from the Application.
i. In the event that, the Provider or User has cancelled the appointment booked and, there are not any negative effects. The full paid amount will be returned to the customer In the event that the amount was paid in advance through electronic payment (any transfer fees for the refunds or negative effects of cancellation will be deducted from the customer)
ii. Refund of the money from the user wallet is made after deducting the transfer fee, which is 10% of the value
3.5.1 The contents listed on the Platform (applications/website) are (i) User generated content, or (ii) belong to Appzakhana.
The information that is collected by Appzakhana directly or indirectly from the End- Users and the Health care providers shall belong to Appzakhana. Copying of the copyrighted content published by Appzakhana through the application and on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Appzakhana reserves its rights under applicable law accordingly.
3.5.2 Appzakhana authorizes the User to view and access the content available on or from the Platform (applications/website) solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Platform (applications/website), information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (applications/website) (collectively, "Appzakhana Content"), are the property of Appzakhana and are protected under copyright, trademark and other laws. User shall not modify the Appzakhana Content or reproduce, display, publicly perform, distribute, or otherwise use the Appzakhana Content in any way for any public or commercial purpose or for personal gain.
3.5.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Your publication of reviews and feedback on the Platform (applications/website) is governed by Terms. Without prejudice to the detailed terms, you hereby agree not to post or publish any content on the Platform (applications/website) that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Appzakhana, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Appzakhana may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Platform (applications/website) or Appzakhana's services; and/or
ii. Obtaining feedback in relation to any Health care providers listed on the Platform (applications/website); and/or
ii. Resolving any complaints, information, or queries by Health care providers regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Appzakhana. Appzakhana Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
Appzakhana may provide End-Users with a free facility known as 'Records' on its platform (mobile application 'Appzakhana' or website). Information available in your Records is of two types:
i. User-created: Information uploaded by you or information generated during your interaction with Appzakhana ecosystem, e.g.: appointment, medicine order placed by you.
ii. Practice-created: Health Records generated by your interaction with a Health care provider who uses 'Appzakhana Ray' or other Services of Appzakhana software.
3.7.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.7.2 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Appzakhana is not liable for any interruption that may be caused to your access of the Services.
3.7.3 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Appzakhana is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Appzakhana.
3.7.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Health care provider. In the event of any medicine reminders provided by Appzakhana, you should refer to your prescription before taking any medicines. Appzakhana is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Appzakhana app.
3.7.5 Appzakhana uses industry-level security and encryption to your Health Records. However, Appzakhana does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Appzakhana of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Appzakhana.com.
3.7.6 Appzakhana has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.7.7 Appzakhana will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.7.8 You agree and acknowledge that Appzakhana may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.7.9 You acknowledge that the Health care providers you are visiting may engage Appzakhana's software or third party software for the purposes of the functioning of the Health care provider's business and Appzakhana's services including but not limited to the usage and for storage of Records.
3.7.10 To the extent that your Records have been shared with Appzakhana or stored on any of the Appzakhana products used by Health care provider's you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Appzakhana pertaining to such previously visited clinics and hospitals who have tie ups with Appzakhana for the purposes of their business and for Appzakhana's services including but not limited to the usage and for storage of Records, in accordance with the applicable laws and further agree, upon creation of your account with Appzakhana, to the mapping of such Records as may be available in Appzakhana's database to your User account.
The terms in this Clause 4 are applicable only to Health care providers.
4.1.1 Appzakhana, directly and indirectly, collects information regarding the Health care providers' profiles, contact details, and practice. Appzakhana reserves the right to take down any Health care provider's profile as well as the right to display the profile of the Health care providers, with or without notice to the Concerned Health care provider. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Platform (applications/website) in connection with you and your profile is found to be incorrect, you are required to inform Appzakhana immediately to enable Appzakhana to make the necessary amendments.
4.1.2 Appzakhana shall not be liable and responsible for the ranking of the Health care providers on external websites and search engines.
4.1.4 Appzakhana reserves the right to moderate the suggestions made by the Health care providers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Platform (applications/website). However, Appzakhana shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Health care providers are added to the Platform (applications/website).
4.1.5 Health care providers explicitly agree that Appzakhana reserves the right to publish the Content provided by Health care providers to a third party including content platforms.
4.1.6 You as a Health care provider hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Appzakhana accepts no liability for the same.
Appzakhana ensures easy access to the Health care providers by providing a tool to update your profile information. Appzakhana reserves the right of ownership of all the Health care provider's profile and photographs and to moderate the changes or updates requested by Health care providers. However, Appzakhana takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Appzakhana services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Appzakhana may modify or delete parts of your profile information at its sole discretion with or without notice to you.
Appzakhana has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. Appzakhana shall not be liable for any effect on the Health care provider's business interests due to the change in the Relevance Algorithm.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Appzakhana.
4.5.1 As a valuable partner on our platform we want to ensure that the Health care providers experience on the Appzakhana booking platform is beneficial to both, Health care providers and their Users.
4.5.2 Health care provider understands that, Appzakhana shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Health care provider. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Appzakhana.
The Health care provider is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Health care provider shall not be part of any arrangement which will prohibit him/her from practicing medicine/ provide health care services within the territory of Egypt or his/her country. The Health care provider shall at all times ensure that all the applicable laws that govern the Health care provider shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
In recognition of the various offerings and services provided by Appzakhana to Health care provider, Health care provider shall (subject to its reasonable right to review and approve): (a) allow Appzakhana to include a brief description of the services provided to Health care provider in Appzakhana's marketing, promotional and advertising materials; (b) allow Appzakhana to make reference to Health care provider in case studies, and related marketing materials; (c) serve as a reference to Appzakhana's existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Health care provider's name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. Appzakhana is unable to verify or authenticate any information provide to Appzakhana by a User;
iv. Appzakhana has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. Appzakhana believes in its sole discretion that User's actions may cause legal liability for such User, other
Users or for Appzakhana or are contrary to the interests of the Platform (applications/website).
In no event, including but not limited to negligence, shall Appzakhana, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, Consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the application, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Platform (applications/website), lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Health care providers to End- Users contacted or managed through the Platform (applications/website);
ii. Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform (applications/website);
iii. Any unauthorized access to or alteration of your transmissions or data; or
iv. Any other matter relating to the Platform (applications/website) or the Service.
If any provision of the 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 this 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 tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Appzakhana. Any consent by Appzakhana to, or a waiver by Appzakhana of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.