Meddaro Terms and Conditions
1. NATURE AND APPLICABILITY OF TERMS
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 (s)”, “you” or “User”); or
ii. A patient, his/her representatives or affiliates, searching for Providers through the Meddaro (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Meddaro application (“you” or “User”).
This Agreement applies to those services made available by Meddaro 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 Meddaro, and (iii) to make appointments with Providers.
The Services may change from time to time, at the sole discretion of Meddaro, 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 [email protected]
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 Meddaro.
2. CONDITIONS OF USE
By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Meddaro 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 Practitioners.
o 3.1 END-USER ACCOUNT AND DATA PRIVACY
3.1.2 Meddaro may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Meddaro services and to build new services.
3.1.3 The Application allows Meddaro 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 Practitioners 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 Meddaro 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;
viii. 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 Meddaro 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 Meddaro or to any other person acting on behalf of Meddaro.
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 Meddaro of any actual or suspected unauthorized use of the User’s account or password. Although Meddaro will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Meddaro 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 Meddaro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Meddaro has the right to discontinue the Services to the User at its sole discretion.
3.1.9 Meddaro may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
• 3.2 RELEVANCE ALGORITHM
Meddaro relevance algorithm for the Providers is a fully automated system that lists the Providers, their profile and information regarding their Practice on its Website. These listings of Providers do not represent any fixed objective ranking or endorsement by Meddaro. Meddaro 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. Meddaro in no event will be held responsible for the accuracy and the relevancy of the listing order of the Providers on the Website.
• 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 Meddaro collects, directly or indirectly, and displays on the application, relevant information regarding the profile and practice of the Providers listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Meddaro takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Meddaro 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 Meddaro 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). Meddaro does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. Meddaro 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, Meddaro 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 Meddaro 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. Meddaro has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our application.
3.3.4 Meddaro 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 Website. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the application.
3.3.5 If Meddaro determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Meddaro reserves the right to immediately suspend your access to the Application or any of your accounts with Meddaro and makes such declaration on the application alongside your name/your clinic’s name as determined by Meddaro for the protection of its business and in the interests of Users. You shall be liable to indemnify Meddaro for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Meddaro or its Users.
3.4 BOOK APPOINTMENT
Meddaro enables Users to connect with Providers through Book facility that allows Users book an appointment through the application.
3.4.1 Meddaro will ensure Users are provided confirmed appointment on the Book facility. However, Meddaro 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 Meddaro 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 Meddaro 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, Meddaro 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 Meddaro 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;
iii. 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, Meddaro 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, Meddaro 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.
3.4.5 Cancellation and Refund Policy
i. In the event that, the User does not show up for the appointment booked with a Provider, without cancelling the appointment beforehand, 25% of the paid amount will be deducted. Regardless of the method of payment (through electronic payment “Fawry” or at the place of services). If there is no balance in the customer's account, the deduction will be done immediately once the customer has a balance. If this event occurs 3 times, the customer’s account will be suspended.
ii. In the event that, the User has cancelled the appointment booked within 24 hours, 10 % of the paid amount will be deducted. If there is no balance in the customer's account, the deduction will be done immediately if the customer has a balance. If this event occurs 3 times, the customer’s account will be suspended.
iii. In the event that, the Provider or User has cancelled the appointment booked before 24 hours, 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.
iv. Refund of the money from the user wallet is made after deducting the transfer fee, which is 10% of the value .
v. In cases where, the User attends at the scheduled appointment time but the Provider is unable to meet the User and canceled the appointment. The Provider will bear a penalty of 25% of the value of the service, Regardless of the method of the user’s payment. If this event occurs 3 times, the provider’s account will be suspended. The full paid amount will be returned to the customer In the event that the amount was paid in advance through electronic payment.
vi. In the event that, the Provider has cancelled the appointment booked within 24 hours, 10 % of the paid amount will be deducted. If there is no balance in the Provider's account, the deduction will be done immediately once the Provider has a balance. Regardless of the method of payment. If this event occurs 3 times, the customer’s account will be suspended.
3.5 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.5.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Meddaro. The information that is collected by Meddaro directly or indirectly from the End- Users and the Practitioners shall belong to Meddaro. Copying of the copyrighted content published by Meddaro 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 Meddaro reserves its rights under applicable law accordingly.
3.5.2 Meddaro authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Meddaro Content"), are the property of Meddaro and are protected under copyright, trademark and other laws. User shall not modify the Meddaro Content or reproduce, display, publicly perform, distribute, or otherwise use the Meddaro 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.
3.6 REVIEWS AND FEEDBACK
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Meddaro in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Meddaro disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act.
Your publication of reviews and feedback on the Website is governed by Terms. Without prejudice to the detailed terms, you hereby agree not to post or publish any content on the 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. Meddaro, 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 Meddaro may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to Website or Meddaro ’s services; and/or
ii. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
And you agree to provide your fullest co-operation further to such communication by Meddaro. Meddaro Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
Meddaro may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Meddaro’. Information available in your Records is of two types:
i. User-created: Information uploaded by you or information generated during your interaction with Meddaro ecosystem, eg: appointment, medicine order placed by you.
ii. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Meddaro Ray’ or other Services of Meddaro software.
3.7.1Your 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, Meddaro 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. Meddaro is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Meddaro.
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 Practitioner. In the event of any medicine reminders provided by Meddaro, you should refer to your prescription before taking any medicines. Meddaro 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 Meddaro app.
3.7.5 Meddaro uses industry–level security and encryption to your Health Records. However, Meddaro 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 Meddaro of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected]
3.7.6 Meddaro 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 Meddaro 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 Meddaro 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 Practitioners you are visiting may engage Meddaro's software or third party software for the purposes of the functioning of the Practitioner’s business and Meddaro'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 Meddaro or stored on any of the Meddaro products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Meddaro pertaining to such previously visited clinics and hospitals who have tie ups with Meddaro for the purposes of their business and for Meddaro'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 Meddaro, to the mapping of such Records as may be available in Meddaro’s database to your User account.
The terms in this Clause 4 are applicable only to Practitioners.
• 4.1 LISTING POLICY
o 4.1.1 Meddaro, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Meddaro reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Meddaro immediately to enable Meddaro to make the necessary amendments.
4.1.2 Meddaro shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.4 Meddaro reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Meddaro shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5 Practitioners explicitly agree that Meddaro reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6 You as a Practitioner 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 Meddaro accepts no liability for the same.
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Meddaro ensures easy access to the Practitioners by providing a tool to update your profile information. Meddaro reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Meddaro 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 Meddaro 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, Meddaro may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 RELEVANCE ALGORITHM
Meddaro 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. Meddaro shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
4.4 INDEPENDENT SERVICES
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 Meddaro.
4.5 BOOK APPOINTMENT AND CALL FACILITY
4.5.1 As a valuable partner on our platform we want to ensure that the Practitioners experience on the Meddaro booking platform is beneficial to both, Practitioners and their Users.
4.5.2 Practitioner understands that, Meddaro 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 Practitioner. 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 Meddaro.
4.6 PRACTITIONER UNDERTAKING
The Practitioner 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 Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Egypt or his/her country. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
4.7 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Meddaro to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Meddaro to include a brief description of the services provided to Practitioner in Meddaro’s marketing, promotional and advertising materials; (b) allow Meddaro to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Meddaro’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 Practitioner’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.
5.1 Meddaro reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
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. Meddaro is unable to verify or authenticate any information provide to Meddaro by a User;
iv. Meddaro has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. Meddaro believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Meddaro or are contrary to the interests of the Website.
5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the application and the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
6. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Meddaro, 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 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 Practitioners to End- Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. Any other matter relating to the 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 Meddaro. Any consent by Meddaro to, or a waiver by Meddaro 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.