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Much of the Medical information on this platform consists of summaries of complex Medical references and a lot of doctors’ advice. Medical and factual details and nuances are inevitably omitted from such summaries. Particular circumstances often radically affect the medical information that applies, and the way that the medical info applies. So that we advise you should therefore never apply the medical information to your own situation without conducting additional research or engaging a doctor. Nor should you assume that all of the relevant medical material is included on our platform. The Medical info and researches changes constantly, and medical information is always liable to become out-of-date.
(2)Exclusion of warranties, representations and guarantees
We do not warrant, represent or guarantee:
• or the information on the platform can be applied to achieve any particular result.
To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this platform and the use of this platform (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(3)Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude your liability for death or personal injury resulting from negligence; (b) limit or exclude your liability for fraud or fraudulent misrepresentation; (c) limit your liabilities in any way that is not permitted under applicable law; or (d) exclude your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider.
We will not be liable to you in respect of neglect, wrong or fraud any information provided by end users.
We will not be liable to you in respect of any wrong diagnosis provided by end users.
You accept that we are a limited liability entity and agree that you will not bring any claim personally against individual members or employees in respect of any losses you suffer in connection with the platform or these terms and conditions. This will not, of course, limit or exclude the liability of the platform itself for the acts and omissions of our members and employees.
You acknowledge that some of the information published on this platform is submitted or provided by users, doctors and any other third parties, and that we do not usually review, approve or take editorial responsibility such information. You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise non-medical; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to he been aware of such comments, reviews and/or feedback.
From time to time the platform or features of the platform will be unavailable. Such unavailability may be the result of defects in the platform software, scheduled or emergency maintenance procedures, or failures of third party service providers. We do not commit to ensuring that the platform will be available at any particular time. Furthermore, we do not commit to ensure that the platform will continue to be published in the future.
Our platform includes interactive features that allow users to communicate with us and our doctors' partners. You acknowledge that because of the limited nature of such communication, any medical assistance you may receive using any such facility is likely to be incomplete assistance. Any medical assistance you may receive using any such facility constitute initial medical advice and accordingly should be follow it with full medical examination by consultants’ specialists. No doctor-client relationship shall be created through the use of our platform.
(7)Alerts and other notification services
The Alerts service we provide is primarily intended to highlight changes in the medical that may affect medical consulting services. However, neither it nor our other notification services are intended to be comprehensive, and they should not be treated as a comprehensive medical news or update services. We may discontinue the Alerts and notifications in our sole discretion at any time.
Ya Doc is a platform providing medical advising services to end users using a group of elite doctors and consultants. In addition to protecting Ya Doc and its members and employees, the limitations of liability in these terms and conditions shall protect the following persons in respect of any claims made by Ya Doc customer or any user of this platform: (a) Ya Doc doctors' partners; (b) any supplier of any medical document or documents made available on our platform; (c) any supplier of other medical content made available on our platform; and (d) any consultant, employee, partner or member of any person referred to in sub-paragraphs (a) to (c). For the avoidance of doubt, this Section shall not affect the terms of any Doctor-Patient relationship expressly agreed and entered into between a platform user.
Unless otherwise stated, we or our licensors own the intellectual property rights in the platform and material on the platform. Subject to the license below, all these intellectual property rights are reserved. You may view, for caching purposes only, and print pages from the platform for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use. You must not: (a) republish material from this platform (including republication on another website / mobile app); (b) sell, rent or sub-license material from the platform;(c) reproduce, duplicate, copy or otherwise exploit material on our platform for a commercial purpose; (d) edit or otherwise modify any material on the platform ; or (e) redistribute material from this platform, except for content specifically and expressly made available for redistribution (such as our newsletter).
You must not use our platform in any way that causes, or may cause, damage to the platform or impairment of the availability or accessibility of the platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger,rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our platform without our express written consent. You must not use our platform to transmit or send unsolicited commercial communication. You must not use our platform for any purposes related to marketing without our express written consent.
Access to certain areas of our platform is restricted. We reserve the right to restrict access to other areas of our platform, or indeed our whole platform, at our discretion. If we provide you with or you generate a password to enable you to access restricted areas of our platform or other content or services, you must ensure that that password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your account or password. You are responsible for any activity on our platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our platform. We may disable your account on the platform in our sole discretion without notice or explanation.
In these terms and conditions of use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our platform, for whatever purpose. You grant and agree to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant and agree to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any third party's rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your content (and its publication on our platform) must not: (a) be libelous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy, or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any medical obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person. Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our platform, breach the provisions of these terms and conditions. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, are hosted or published upon our platform. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our platform. If you become aware of any content on the platform that breaches these terms and conditions, please notify us immediately by email or using our website contact form.
(13)Third party websites
Our platform may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
We own the intellectual property rights in the medical advices or medical consulting available on this platform. Subject to the license below, all our intellectual property rights are reserved.
The terms and conditions in this Part D apply between, Ya Doc, and all doctors’ members. The use of a membership account on our platform shall be limited to Individual members. Members must ensure that no other persons use, or have access to, their accounts on the platform. A membership shall begin at the time and on the day that we grant the member access to medical services, and shall continue until terminated in accordance with this Part D. We may in our absolute discretion refuse an application for membership.
(16)Charges, payments and credits
The charges shall be as specified on our platform from time to time. We may vary the charges in our sole discretion at any time, by posting the varied charges on the platform. If the member does not wish to pay charges at the new level, the member's sole remedy is to terminate the membership in accordance with the terms of this Part D. All charges are stated not exclusive of VAT, and all professional medical services are priced in credits on the platform. We may vary the charges for the purchase of top-up credits and/or the credit-based pricing of professional services in our sole discretion at any time, by posting the variations on the platform. If the member objects to such variations, the member's sole remedy is to terminate the membership in accordance with the terms of this Part D.
We may vary the benefits available to members when & if membership services are available, and the terms of this Section 17, at any time in our sole discretion. During the period of membership, a member shall be able to enjoy all medical consultation services, subject to the other provisions of these terms and conditions.
Paying members may use our online Q&A system when & if this Q&A system is established to seek medical guidance. We shall use reasonable endeavors to answer medical questions/inquires submitted by members, subject to the following restrictions: (a) we will have an obligation only to provide initial medical consultation; (b) where we do not have sufficient information to answer a question, we will refrain from doing so; (c) questions are subject to limits specified in relation to the relevant inquiry; (d) we will have no obligation to provide guidance relating to complex points of medical or matters outside our expertise; (e) we will have no obligation to provide guidance where we consider that it creates a material risk of liability or potential liability on our part; and (f) guidance may be provided in summary form and may consist of a recommendation to seek medical advice. All guidance given through the Q&A system is subject to the limitations and exclusions of liability set out in this terms and conditions.
Medical services shall be subject to the standard Ya Doc terms from time to time. We reserve the right to refuse to accept any request for medical services made by the member. Any advice or consultation services provided by us under these terms and conditions will belong to us and, without prejudice to your right to receive services, you have no right of access to any such advice or consultation.
(18)License to use consultation
In this Section 18, "Consultation" means the medical advices that are available to members via our platform; We own the intellectual property rights may be arise from our consultation services. Subject to the license below, all our intellectual property rights are reserved.
The “Prohibited Uses” are: (a) the sale, licensing, sub-licensing, renting, leasing or commercial distribution of any late or Derivative in any format; (b) the publishing of any consultation; (c) the use of any consultation or Derivative in any way that is unlawful or in breach of any person's rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable; (d) the use of any consultation or Derivative to compete with us, whether directly or indirectly; (e) deleting, obscuring or removing, any copyright notices or other proprietary notices placed by us on any consultation or Derivative. If you breach any of these terms and conditions, then your licenses under this Section may be terminated by us. Upon the termination of a license set out in this section, you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the consultation (s) and Derivative(s) in your possession or control, and will permanently destroy any paper or other copies of the Template(s) and Derivative(s) in your possession or control with the survival of our right to seek lawful compensation according to applicable laws.
(19)Termination of membership
Memberships , when or if memberships are created , may be terminated by the member at any time, also memberships may be terminated by us, with or without explanation.
If a membership is terminated (for whatever reason and on whatever basis) the member shall not be entitled to any refund of any amounts paid to us before such termination. Nor shall the member be released from liability to pay any amounts that were overdue for payment as at the date of termination. Credits held by the member at the date of termination shall be lost.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(21)Breaches of these terms and conditions
Without prejudice to our other rights, if you breach these terms and conditions of use in any way, or if we reasonably suspect that you have breached these terms and conditions of use in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to the website; (c) permanently prohibit you from accessing the platform; (d) block computers using your IP address from accessing the platform; (e) contact your internet services provider and request that they block your access to the platform; (f) bring court proceedings against you for breach of contract or otherwise; (g) suspend and/or delete your account with the platform; and/or (h) delete and/or edit any or all of your content. Where we suspend or prohibit or block your access to our platform or a part of our platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Ya Doc and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on our platform are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our platform from the date of the publication of the revised terms and conditions on our platform.
You hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these terms and conditions. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without obtaining our prior written consent.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(29)Exclusion of third party rights
The disclaimers, limitations of liability and exclusions of liability set out in this terms and conditions protect Ya Doc and any other third party providing medical consultation services for distribution through this platform. Subject to the preceding paragraph, these terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise ofour and your rights in relation to these terms and conditions is not subject to the consent of any third party.
Subject to this terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(31)Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Egyptian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Arab Republic of Egypt.
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