OKADOC TERMS OF USE

Last Updated: 29 March 2020

IMPORTANT NOTICE

WE ARE A PLATFORM PROVIDER. WE DO NOT PROVIDE ANY ACTUAL MEDICAL OR OTHER HEALTH SERVICES. NOTHING STATED OR POSTED ON THE PLATFORM BY US IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING OR OTHER HEALTHCARE PROFESSIONAL SERVICES OR THE PROVISION OF MEDICAL CARE.

DO NOT USE THE PLATFORM OR THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES.

  1. Parties

In these Terms of Use, the terms “we”, “our” or “us” refers to:

  • if you are interested in doctors and other healthcare specialists (“Practitioners”) in the United Arab Emirates, Okadoc Technologies FZ-LLC, a limited liability company registered in the United Arab Emirates under commercial license number 1093, with its registered address at Dubai Healthcare City, Dubai, United Arab Emirates; and
  • if you are interested in Practitioners in Indonesia, PT Okadoc Technologies Indonesia, a limited liability company registered in Indonesia under operating license number 0220105201333, with its registered address at The East Tower 17-03, Mega Kuningan, Jalan Dr. Ide Anak Agung, Gde Agung, No.1, Kel. Kuningan Barat, Kec. Mampang Prapatan Kota Adm, Jakarta Selatan, Prov. DKI Jakarta, Indonesia; and

and/or their affiliates as may be applicable and the term, “you” (or similar) are references to you as an individual or legal entity as the case may be.

  1. What we do

We maintain and provide through our websites being www.okadoc.com and such other websites as we may operate from time to time (the “Sites”) and our mobile applications (the “Applications” and together with the Sites, the “Platform”) certain services being:

  • the creation and editing of accounts and profiles for users (“Accounts”);
  • separate directories for Practitioners in the United Arab Emirates, Saudi Arabia and Indonesia (the “Directories”);
  • search function in respect of the Directory (the “Search Service”)
  • an instant appointment booking service (the “Instant Appointment Booking Service”);
  • an online consultation service (the “Online Consultation Service”); and
  • health tips and blogs (the “Blogs”),

each a “Service” and together the “Services”.

  1. Application of Terms of Use

These Terms of Use, our Privacy Policy, our Cookie Policy and all other policies and additional terms (if applicable) posted and as amended from time to time on the Platform, set out the terms on which we provide you with access to and the use of our Platform and all of our Services. You can find all of our policies and additional terms on our Platform (“Policy Documents”). These Policy Documents are incorporated by reference into these Terms of Use.

We may also provide additional services which may be available to you through the Platform or otherwise and such additional services may be subject to additional terms of use in which case such additional terms of use will be posted on the Platform. To the extent that these Terms of Use conflict with such other additional terms, the additional terms shall prevail.

By accessing, registering and/or using or accessing our Services and Platform, you are agreeing to be bound by these Terms of Use and the Policy Documents with immediate effect. These Terms of Use and the Policy Documents are subject to change by us at any time and without notice. Your continued use of the Platform following any such change constitutes your agreement to these Terms of Use and Policy Documents as so modified.

These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the updated version of these Terms of Use which incorporate any such changes on the Platform and each such change will be effective upon posting on the Platform or upon the date designated by us as the “Effective Date” (if any). Your continued use of the Platform and any part of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

If you disagree with these Terms of Use and the Policy Documents or any part of them, you must not use the Platform and/or any of the Services.

These Terms of Use shall not apply to the provision by us to Practitioners and/or the companies or other entities which provide healthcare (the “Healthcare Providers”) of products and  services including but not limited to the Directories, the Instant Appointment Booking Service, the Online Consultation Service and instead the terms and conditions for the provision by us of such products and services to such parties shall be governed entirely by separate legally binding agreements entered into between us and such parties (the “Services Agreements”). 

  1. Your representations and warranties

By accessing and using the Platform, you represent and warrant the following: (a) you are at least eighteen (18) years of age or at least such age at which you may enter into a legal agreement and use the Services in the relevant jurisdiction; (b) you have the legal ability and authority to enter into these Terms of Use with us; (c) the information you have provided to us is accurate and complete; (d) you will comply with any and all laws applicable to your use of the Platform; (e) you will not interfere with a third party's use and enjoyment of the Platforms; (f) you will not interfere with or disrupt our or our vendors' security measures; (g) if any information you provide to us becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify us; (h) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by us that such healthcare services will be made available to you; and (i) you are accessing the Platforms for yourself or a child under the age at which it  may enter into a legal agreement and use the Services in the relevant jurisdiction for whom you are the legal guardian.

  1. Accounts

You may elect to register with us on the Platform through the “Login/Register” function or when you use the Instant Appointment Booking Service or the Online Consultation Service.

When you use the “Login/Register” function you will be required to provide us with your mobile phone number and email contact information as well as a password chosen by you. When you book an appointment or consultation with a  Practitioner through the Appointment Booking Service or the Online Consultation Service, you will be required to provide your first name, last name, date of birth and gender information. The Platform also enables you to edit your personal profile and provide additional information in relation to: (a) your marital status, weight, height; (b) an emergency contact including the first name, last name, designation of relationship as family or friend and phone number; and (c) relatives including the first name, last name, gender, date of birth, designation of relationship as family or friend and phone number.

We will use this information and you hereby authorise us to use this information in accordance with our Privacy Policy including without limitation, to notify you and communicate with relevant Practitioners and the hospitals, clinics or other medical facilities at which they are based (the “Facilities”)  and you in relation to appointments you have booked through the Platform and our Services.  Please review the Privacy Policy carefully, as your use of the Platform and Services constitutes your agreement to it.

We reserve the right to terminate any account which (at any time) does not include a valid email address and mobile telephone number (not a landline) on file as part of that individual's account. Both the email address and mobile telephone number must be stored in the profile for your account.

We may contact you by telephone or email to verify identity or other account information and may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your account. If you do not provide this information in the manner requested within seven (7) days of the request, we reserve the right to suspend, discontinue or deny you access to and use of the Platform and Services until the information is provided to our reasonable satisfaction.

You are solely responsible for all activity that occurs on your account and you must notify us immediately if you become aware of any unauthorised use of your account or if your login details are lost or stolen. We shall not be liable for any losses that you incur as a result of any unauthorised use of your account.

We may monitor use. We reserve the right to monitor your use of the Platform and/or Services and to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use  or if we suspect any unauthorised use or misuse of the Platform and/or Services.

You must treat your password as confidential. You must not disclose it to any third party. We have the right to disable any or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your password, you must promptly notify us by email at help@okadoc.com.

We may also suspend your ability to use our Instant Appointment Booking Service and the Online Consultancy Service if you cancel on less than 2 hours’ notice or do not attend without notice of cancellation three or more appointments booked through such Services without incurring any liability to you.

  1. Directories

The Directories sets out listings of Practitioners by the countries set out on our Platform together with certain relevant information relating to such Practitioners which may include: (a) photo; (b)  title; (c) full name;  (d) speciality; (e) clinic and clinic locations; (f) relevant expertise, symptoms and procedures; (g) languages spoken; (h)  accepted forms of payment; (i) applicable medical insurance policies; (j) experience; (k) education; (l) publications; (m) memberships; (n) awards; (o) pricing; and (p) local registration and licence details  (collectively, the “Practitioner Information”).

The Practitioner Information is provided solely for the purpose of providing you with certain information which you may use at your own risk in selecting and booking an appointment with a Practitioner directly yourself.

We do not charge you any fees for your access to and use of the Directory.

The Practitioner Information is based on or derived from information obtained from third party sources and/or the Practitioners or Healthcare Providers. We believe that such information is accurate and that the sources from which it has been obtained are reliable. However, we have not independently verified all such information.  We cannot and do not guarantee, represent or warrant whether express or implied the truth, accuracy or completeness of any such information including but not limited to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such information. Your use of such information is at your own risk.

Furthermore, the content on our Platform is provided for general information only. None of this information constitutes an opinion, recommendation, endorsement as to any Practitioner.

  1. Search Service

The Search Service allows you to search the Directory for Practitioners by name, speciality, clinic, hospital, location, date, time, language and insurance.

You are responsible for choosing your own Practitioner including without limitation, determining whether the applicable Practitioner is suitable for your healthcare needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care and independently confirm the same including but not limited by consulting with the Practitioner.

  1. Instant Appointment Booking Service

The Instant Appointment Booking Service enables you instantly to book up to three appointments at any one time through the Platform directly with those Practitioners who are the subject of Service Agreements with us in relation to such Instant Appointment Booking Service.

You can instantly book appointment(s) with any such Practitioner you have selected using the “Book Now” function which is displayed in the profile for such Practitioners. In this regard, please note that as set out at paragraph ‎7 above, you are responsible for choosing your Practitioner. We have no responsibility or liability to you in this regard.

On selecting the “Book Now” function, the Platform will provide you with details of the clinic locations at which such Practitioner holds appointments and real live data provided by the Practitioner to the Platform as to the dates and times at which the Practitioner is available and in some cases the amount to be paid or reserved  on your credit card on account of the fees  required for such appointment. You can select the appointment(s), after which the Platform will request your first name, last name, date of birth, gender and telephone and email contact information, your credit card details and your authorisation in respect of such transaction.

You warrant that such information is true and accurate and hereby authorise us to and we will pass along this information to your selected Practitioner on your behalf and use it to communicate with you regarding your appointment and our Services generally as set out more fully in our Privacy Policy.

We do not require you to provide and you must not provide any other personal data including but not limited to your personal health and medical history on or through the Instant Appointment Booking Service. Any such information should be provided directly to the Practitioner and will be subject to your agreement with and the privacy policy of the Practitioner.

On entering your personal details and if applicable, on the completion of the transaction in respect of your credit card, the Platform will send a verification code by SMS to the mobile number which you have provided. You will need to enter that verification code onto the Platform. Once you have entered the correct verification code, the Platform will confirm your appointment(s) and provide you a booking confirmation number on the Platform and will also send a summary of the booking by SMS to the mobile number which you have provided. The Platform will also enable you to enter your booking on your default online calendar as well as manage your appointment.

In addition, the Platform will also enable you to create a password to create and access an account to book future appointments on the Platform without having to re-submit your details or request a verification code.

The “Manage Appointment” function enables you to reschedule your appointment(s), be notified if an earlier appointment with the Practitioner becomes available by SMS and by email to the mobile number and email address which you have provided, to reschedule the appointment(s) and to cancel the appointment(s). The Platform will automatically send reminders to you of your appointment(s) by SMS and, if requested, by email.

By making an appointment with a Practitioner through the Instant Appointment Booking Service, you accept the terms and conditions of service of the Practitioner and/or relevant Healthcare Provider, including but not limited to its charges and no-show and cancellation policy.  We do not provide such terms and conditions on our Platform and we recommend that you obtain them directly from the relevant Practitioner and/or Healthcare Provider as soon as possible.

You are solely responsible for the charges for any medical or related services rendered by a Practitioner to you with whom you have booked an appointment whether directly yourself or through the Instant Appointment Booking Service.  With regard to any appointment where the Instant Appointment Booking Service does not require an amount to be paid or reserved on your credit card at the time of booking, any costs and charges in respect of the appointment must be settled by you directly with the relevant Practitioner and/or Healthcare Provider. In cases where an amount has been reserved in advance on your credit card through the Platform, the amount invoiced by the Practitioner and/or Healthcare Provider will be deducted from the amount blocked on your payment card and the remaining amount will be released.

If you want to book an appointment with a Practitioner, who has not subscribed to the Instant Appointment Booking Service, the Directory provides a telephone number which you can call to book and appointment with the Practitioner directly through the “Call to Book” function.

  1. Online Consultation Service

The Online Consultation Service enables you instantly to book a limited number of appointments at any one time with and hold live real time consultations by video, audio and/or chat through the Platform directly with those Practitioners who are the subject of Service Agreements with us in relation to such Online Consultation Services.

The Platform provides a “Online Video Consultation” function for such Practitioners which you can use to search for and select Practitioners who subscribe to the Online Consultation Service. In addition, the profiles of any such Practitioner you have found using the Search Service will include the “Online Video Consultation” function. The Platform will provide the indicative price for an online consultation with such Practitioners.

You can instantly book an appointment for an online consultation with any such Practitioner using the “Online Video Consultation” function. In this regard, please note that as set out at paragraph ‎7 above, you are responsible for choosing your Practitioner. We have no responsibility or liability to you in this regard.

On selecting your Practitioner and the “Online Video Consultation” function, the Platform will provide you with live data provided by the Practitioner or the relevant Healthcare Provider to the Platform as to the dates and times at which the Practitioner is available for the online consultation and the provisional amount to be reserved on your credit card on account of the fees  required for such appointment. You can select the appointment and the mode of the online consultation, being video and audio, audio only or live online chat, after which the Platform will request your first name, last name, date of birth, gender and telephone and email contact information, your payment card details and your authorisation in respect of such transaction. You may also request appointment for a family member or relative and input his/her details in respect of such consultation.

You warrant that such identity and contact information is true and accurate and hereby authorise us to and we will pass along this information to your selected Practitioner on your behalf and use it to communicate with you regarding your appointment and our Services generally as set out more fully in our Privacy Policy.

On entering your personal details and on the completion of the transaction in respect of your credit card, the Platform will send a verification code by SMS to the mobile number which you have provided. You will need to enter that verification code onto the Platform. Once you have entered the correct verification code, the Platform will confirm your appointment and provide you a booking confirmation number on the Platform and will also send a summary of the booking by SMS to the mobile number which you have provided. The Platform will also enable you to enter your booking on your default online calendar as well as manage your appointment.

In addition, the Platform will also enable you to create a password to create and access an account to book future appointments on the Platform without having to re-submit your details or request a verification code.

The “Manage Appointment” function enables you to reschedule your appointment, be notified if an earlier appointment with the Practitioner becomes available by SMS and by email to the mobile number and email address which you have provided, to reschedule the appointment and to cancel the appointment. The Platform will automatically send reminders to you of your appointment by SMS and, if requested, by email.

By making an appointment with a Practitioner through the Online Consultation Service, you accept the terms and conditions of service of the Practitioner and/or relevant Healthcare Provider, including but not limited to its charges and no-show and cancellation policy.  We do not provide such terms and conditions on our Platform and we recommend that you obtain them directly from the relevant Practitioner and/or Healthcare Provider as soon as possible.

You are solely responsible for the charges for any medical or related services rendered by a Practitioner to you with whom you have booked an appointment through the Online Consultation Service. 

You must access your Account through the Platform ten minutes before your online consultation.  You will need internet access of 4G service in order to attend the online consultation. The assistant or nurse to the Practitioner will request you to and you will be required to upload a copy of your national identity card and, if applicable, insurance health card and other documents such as a registration or consent form onto the Platform which will then be verified by the assistant or the nurse and if relevant, authorisation will be obtained from your insurer.  On such verification being satisfactorily completed and such authorisation being obtained if relevant, you will be placed into the online consultation with the relevant Practitioner which will be held by video and audio, audio only or chat as requested by you. The audio/video/chat of any online consultation will not be recorded.  However, any documents uploaded by you may be downloaded, stored and used by the Practitioner and/or relevant Healthcare Provider in accordance with its privacy policy and applicable law and regulation.  It is your responsibility to request for and consent to the privacy policy of the relevant Healthcare Provider. We will delete from our systems nor will we keep copies of any records of any documents uploaded during such consultations other than in relation to identity, contact, payment, transaction and insurance. Any personal and medical information you disclose, observations, diagnosis and recommended treatment is held by the Practitioner and used by your Practitioner in accordance with the Practitioner’s or the Healthcare Provider’s privacy policy and applicable law and regulation as appropriate. At the end of the online consultation the Practitioner or the Healthcare Provider will issue a final invoice for the consultation in respect of which the relevant amount in respect of the amount invoiced will be deducted from the amount blocked on your payment card and the remaining amount will be released.

Any refund requests are strictly subject to the policies and terms and conditions of the Practitioner.

  1. Blogs

The Blogs are provided for information and educational purposes only.  The Blogs do not constitute medical advice.  You must obtain any medical opinion, recommendation, endorsement or advice as to any symptoms, conditions, diagnosis, prognosis or treatment from an appropriate Practitioner and not rely on any information provided in the Blogs in relation to any medical matter.

The information in the Blogs and all other information set out in the Platform is based on or derived from information obtained from third party sources and/or the Practitioners. We believe that such information is accurate and that the sources from which it has been obtained are reliable. However, we have not independently verified all such information.  We cannot and do not guarantee, represent or warrant whether express or implied the truth, accuracy or completeness of any such information. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such information. Your use of such information is at your own risk.

  1. Authorisation and Payment Processing Services

In relation to instances where an amount to be paid or reserved on your credit card on account of the fees required for an appointment booked through the Platform, you must enter your credit card details and billing information on the Platform and authorise the payment of the relevant charges. We will, through a third party payment processor, process and collect your payment of such charges on our Platform on behalf of the Practitioner and/or Healthcare Provider for whom we act as the billing and collections agent. Payment is safely processed from your credit card to our designated bank account through the third party payment processor. We will not charge you for such payment processing service but may charge a processing fee to the Practitioner and/or Healthcare Provider. By using such payment service, you accept the terms of use and privacy policy of our payment processing partner in addition to these Terms of Service and our Privacy Policy with respect to such payment processing service and your payment information. Such terms of use and privacy policy are available at [INSERT LINK]. You are solely responsible for the charges for any medical or related services rendered by a Practitioner and/or Healthcare Provider in respect of any appointment booked through the Platform. Neither we nor our payment processing partner are responsible to you or the Practitioner and/or Healthcare Provider identity for such charges.  You acknowledge and agree that: neither us nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:

  • if you have not provided us with accurate, current and complete payment information;
  • if you do not have sufficient available funds or available credit to complete the transaction;
  • if you do not have an active payment card, or if we are unable to confirm your payment card information or your;
  • if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
  • if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
  • if we terminate or suspend the services we provide to the applicable Practitioner.
  1. We are not responsible for your use of the information on the Platform, your selection of the Practitioners, appointments and medical care which you have booked

You acknowledge that we have no control over, and no duty to take any action regarding: (a) what information and material you access; (b) what effects such information may have on you, (c) how you may interpret or use such information; or (d) what actions you may take as a result of having been exposed to the such information. You release us from all liability for you having acquired, you having not acquired, or your use of such information. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through your use of the Directory. We have no special relationship with or fiduciary duty to you.

You agree that your appointment is in the control of the Healthcare Providers and we have no control over, and cannot guarantee and have no responsibility or liability for the availability of, any Healthcare Provider at any particular time and any such appointments are subject to the Healthcare Provider’s availability. In addition, whilst we may send you reminders, you are responsible for attending any appointment which you have booked with a Healthcare Provider whether through the Appointment Booking Facility, the Doctor Online Consultation Facility or otherwise.

We do not control and are not responsible for the medical services provided to you by Practitioners which you have booked through the contact details provided on the Platform or through the Instant Appointment Booking Service or the Online Consultation Service.

During your appointment, you must provide full and accurate information about your medical history and current symptoms to the Practitioner during an the online consultation and by uploading relevant information to the Platform, as applicable. Failure to provide full information may impact on the ability of the Practitioner to make a full assessment of your health and care needs.  You must follow instructions given to you by the Practitioner and on any medicine or healthcare product recommended to you by the Practitioner.  Furthermore, you must seek further medical advice if you have any concerns about the information given to you by the Practitioner or if your condition changes; and seek immediate medical assistance if you suffer adverse or unexpected effects of any treatment, medicine or healthcare product recommended to you by Practitioner.

  1. We can change, suspend or discontinue the Platform and the Services

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We reserve the right to introduce new Services and update or withdraw any of the Platform and/or Services, in our sole discretion and at any time without notice, and we will not be liable to you for exercising this discretion. Under no circumstances will we be liable for any suspension or discontinuation of the Platform or any of the Services or portion thereof. We also reserve the right to monitor your use of the Platform and of the Services to verify compliance with the Terms of Use and applicable law, to investigate any suspected or alleged misuse of the Platform and Services, to cooperate with and provide information to law enforcement and/or third-parties in such investigation or in response to a court order or regulatory request.

Some Services may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement these Terms of Use. If you choose to register for, access or use any such Services, you may be presented with such additional terms, which may also be found in the Additional Terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into these Terms of Use.

  1. Prohibited Uses

You must not:

  • Use the Platform for commercial purposes without obtaining a licence to do so from us;
  • Use the Platform for unlawful purposes;
  • Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platforms or collect information about users of the Platforms save as permitted by or agreed with us;
  • Reverse engineer, disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing;
  • Attempt to gain unauthorized access to any of the Services, Platform, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any portion of the Platform and/or Services (including, without limitation, Practitioner Content, appointment availability and price information) for any purpose whatsoever.
  • Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks;
  • Send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations in any way;
  • Alter or modify any part of the content or services offered on or through the Platform;
  • Allow any other person to use the Platform with your registration or login information;
  • Breach or otherwise circumvent our security or authentication measures; and
  • Interfere with any other party’s use and enjoyment of the Platform or the Services; and
  • Assist or permit any persons in engaging in any of the activities described above.

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, platform and your internet and mobile links to access our Platform. You should use your own virus protection software.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

  1. Privacy Policy and Cookie Policy

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Platform or which we obtain from other public accessible directories and sources and any other information that identifies who you are.

Personal Information will be used, shared, sent, stored and retained by us solely in accordance with these Terms of Use, our Privacy Policy or as otherwise agreed upon between you and us in writing. The Privacy Policy also sets out your rights in relation to the processing of your personal information by us.

You acknowledge and agree that any of your personal information which we or you send to Practitioners will be subject to their privacy policies, separate agreements with them and applicable law and that we have no responsibility or liability ton you for the use of your personal information by such Practitioners.

Please review the Privacy Policy carefully, as your use of the Platform and Services constitutes your agreement to it.

You agree that we have the right to monitor and review your use of the Platform from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with our Cookie Policy.

  1. Intellectual Property Rights and Content

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We give you permission to use the Platform and Services for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by us to you are retained by us.

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

If you print off, copy or download any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. WE PROVIDE THE PLATFORM AND SERVICES ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES

WE PROVIDE THE PLATFORM AND THE SERVICES “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK.

WE MAKE NO EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW OR OTHERWISE) WARRANTIES OR GUARANTEES ABOUT THE PLATFORM AND THE SERVICES., 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE PLATFORM AND THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING OR THE USE OF REASONABLE SKILL AND CARE.

WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM AND THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AND THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED ON THE PLATFORM AND THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM AND THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN,

WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM AND THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.

WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

WE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS, OR ANY INJURY OR LOSS RESULTING THEREFROM, OR FOR ANY OTHER INJURY OR LOSS RESULTING OR ARISING FROM, OR RELATED TO, THE USE OF THE PLATFORM OR SERVICES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR ANY MEDICAL CARE PROVIDED TO YOU BY PRACTITIONERS WHO YOU HAVE ENGAGED WITH PURSUANT TO YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT YOUR PRACTITIONER IS SOLELY RESPONSIBLE FOR SUCH MEDICAL CARE AND FOR KEEPING TO YOUR APPOINTMENT.

  1. OUR LIMITATION OF LIABILITY

IN THE EVENT THAT YOU ARE A PROSPECTIVE PATIENT OR A PRACTITIONER WHO HAS NOT APPLIED TO US FOR AN ENHANCED PROFILE AND THE INSTANT APPOINTMENT BOOKING SERVICE, YOU ACKNOWLEDGE THAT YOU ARE USING THE PLATFORM AND THE SERVICES FOR FREE. AS SUCH TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE ARE AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE SERVICES.

IN THE EVENT THAT YOU ARE PRACTITIONER WHO HAS APPLIED TO US FOR AN ENHANCED PROFILE AND THE INSTANT APPOINTMENT BOOKING SERVICE, OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH, OR UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR USE OF, OR INABILITY TO MAKE USE OF THE PLATFORM OR THE SERVICES, EXCEED THE GREATER OF THE FEES PAID BY YOU TO US IN THE PREVIOUS THREE MONTH PERIOD AND ONE HUNDRED DOLLARS ($100) OR THE EQUIVALENT IN LOCAL CURRENCY OR THE FEE, IF ANY, PAID BY YOU FOR  A GIVEN SERVICE, WHICHEVER IS GREATER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

 

SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH, OR UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR USE OF, OR INABILITY TO MAKE USE OF THE PLATFORM OR THE SERVICES, EXCEED ONE HUNDRED DOLLARS ($100) OR THE EQUIVALENT IN LOCAL CURRENCY OR THE FEE, IF ANY, PAID BY YOU FOR  A GIVEN SERVICE, WHICHEVER IS GREATER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

 

THE LIMITATIONS ABOVE REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRIVACY POLICY, THE PLATFORM, THE SERVICES MUST COMMENCE WITHIN NO LATER THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR BECOMES KNOWN TO YOU. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

YOU ACCEPT THAT, WE HAVE AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS AFFILIATES AND IOTS OWN AND ITS AFFILIATES’ OFFICERS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST OUR AND OUR AFFILIATES’ OFFICERS OR EMPLOYEES IN RESPECT OF ANY LOSSES YOU SUFFER IN CONNECTION WITH THE PLATFORM. WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS SECTION WILL PROTECT OUR AND OUR AFFILIATES’ OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS.

 

BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.

 

  1. Indemnity

You shall defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Platform and/or Services, or (b) the violation of the Terms of Use or Privacy Policy), or of any intellectual property or other right of any person or entity, by you or any person using your details and password. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

  1. Third Party Sites

The Platform may contain links to third-party websites. Linked sites are not under our control and we are not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that we endorse, sponsor, or are affiliated with the linked site.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms of Use do not apply to other websites. We disclaim any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

  1. Termination

We reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your access and use of the Platform and the Services immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Platform or through the Services by you or by someone using your details and password. We may also terminate, suspend or deactivate your access and use of the Platform and the Services for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Platform and/or the Services.

  1. Entire Agreement

These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

  1. Relationship of the Parties

Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.

  1. Assignment

These Terms of Use will be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly. We may assign any of our rights or obligations under these Terms of Use to an affiliate.

  1. Severability

If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

  1. Force Majeure

We will not  be liable for any loss or damage or for any delay or failure in performance due to acts beyond our control whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or services to us, labour disruptions, blackouts, embargoes).

  1. No Waiver

Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

  1. Survival

All provisions that either expressly or by their nature survive, will survive suspension or termination of your access to and use of the Platform and the Services.

  1. Third Party Rights

A person who is not a party to these Terms of Use has no rights under or to enforce any of its terms.

  1. Governing Law

These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

  1. Dispute Resolution

If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.

  1. Communications

You may contact us through email at help@okadoc.com. We will communicate with you either by directly posting on our Platform or through the email address which you have registered on our Platform.

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