Force Majeure | Means any circumstances or causes beyond the reasonable control of either party and resulting in the delay or non-performance of that party`s obligations under these Terms, including without limitation to fire, explosion, strike, lockout, casualty or accident, epidemic, cyclone, flood, drought, or any act of God, war, revolution, civil commotion, acts of public enemies, blockade or embargo and any other causes that cannot be overcome or prevented by due diligence or acts whatsoever, similar to those above enumerated, beyond the reasonable control of a party thereto. |
---|---|
Individual User | Means an individual who accesses or uses the System and/or Services through a User Account. |
Integration | Means all EMC authorized integration between the System and third-party apps or services. |
Intellectual Property | Means source codes, object codes, user interface designs and functionalities, digital libraries, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, domain names, trademarks, trade names, service marks, get-up and trade dress, goodwill, design rights, semi-conductor topography rights, database rights, trade secrets and all other intellectual property rights protectable in any part of the world whether registered or unregistered. |
EMC MED App | Means the smart phone and tablet application through which a User can access and log into the System or part thereof and/or acquire the Services. |
EMC Offering | Means EMC MED App, EMC Website, System and Services collectively. |
EMC Website | Means the main web page and related web pages through which a User can access and log into the System or part thereof and/or acquire the Services. |
EMC, We, Us or Our | Means European Medical Center, a Saudi Arabian limited liability company pursuant to commercial registration number (4030374409). | EMC's Confidential Information | Means (i) all non-public information related to EMC or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (ii) all non-public information disclosed by EMC, EMC's affiliates, business partners of EMC or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential; and (iii) third-party information that EMC is obligated to keep confidential. |
Privacy Policy | Means the Privacy Policy of EMC. |
Saudi Arabia | Means the Kingdom of Saudi Arabia |
System | Means EMC Website and/or EMC MED App used by the User to log into their User Account and all other related pages (except third party websites). |
Unified Health File | Means the Unified Health File of each Individual User containing all medical data submitted by various Health Care Entities about the Individual User. |
User Account | Means the unique access to the System provided to an Individual User through a username and a password or any other method required by EMC. |
User, You, Your or Yourself | Means All Individual Users who access or use EMC Offering or any part thereof whether in browsing mode or as a registered user. |
Withstanding other provisions in this Terms, EMC will make the System and Services accessible for the use of the User. The User may access and use the System and/or Services in accordance with this Terms and the laws of Saudi Arabia.
The System contains features designed to connect with third party systems or applications either: (i) as a basic offering by EMC, which the User agrees that such basic integrations will be part of the System and/or Services; or (ii) as some customized integration upon the request of the User. While EMC will practice its best reasonable efforts to maintain the continued availability of such features,User's EMC cannot guarantee the continued availability of such features, and may cease providing them without entitling the User to any refund, credit, or other compensation, if for example and without limitation, the provider of the third party system or application ceases to make the third party system or application available for integration with the System or Services in a manner acceptable to EMC.
For the purposes of maintaining optimized performance and continuous improvement of the System and /or Services EMC may, from time to time and based on its sole discretion, apply a System and/or Services Upgrades, that may affect the System and/or Services across all Users or to a specific User. EMC shall practice its best effort in notifying Users of all Upgrades as far in advance as is reasonably possible and to provide Users with all relevant documentation as soon as possible after notification. EMC will use all reasonable efforts to minimize downtime and schedule maintenance outside of EMC's normal peak operating hours.
EMC may sometimes release products and features that are still in the testing and evaluation phase and may not be as reliable as EMC's other Services. Beta services are made available so that EMC can collect User feedback, and by using the Beta Services, the User agrees that EMC may contact the User to collect such feedback. Beta services are considered to be part of EMC's Confidential Information subject to the confidentiality requirements under this Terms
When You book for an appointment, You agree to pay the cost of the Services, including any charges and taxes that may apply. For some Services, You may be required to make an upfront payment and/or a payment taken at the time of the Service delivery.
You shall hold EMC's Confidential Information in the strictest confidence and shall not, without the prior written consent of EMC, use or disclose to any third party, directly or indirectly, any of EMC's Confidential Information, except as follows with reasonable prior notice given to EMC to allow EMC the time to take the appropriate measures: (i) is generally known to the public through no improper action or inaction by You or any of Your affiliates, agents, consultants or employees; and/or (ii) the disclosure of EMC's Confidential Information is required by applicable laws, regulation, court order or governmental authority.
EMC and its affiliates will not be liable to You for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if EMC has been advised of the possibility of such damages. Further, neither EMC nor any of its affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with the Your inability to use the services, including any termination or full or partial suspension of these Terms or the User's Account, use of or access to EMC Offering or any part thereof or any unanticipated or unscheduled downtime of all or a portion of the Services for any reason including but not limited to: (a) the cost of procurement of substitute goods or services; (b) any investments, expenditures, or commitments by You in connection with these Terms or Your use of or access to the Services; and/or (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your content or other data. In any case, EMC's liability under these Terms will not exceed the amount actually paid by You to EMC under these Terms for the System and/or Services during the 12 months before the liability arose.
EMC reserves the right, if it determines it is best, to terminate, suspend and/or deactivate Your account immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services. We may also terminate, suspend or deactivate Your account for any other reason, including inactivity for an extended period. EMC shall not be liable to You or any third-party for any termination, suspension or deactivation of Your access to EMC Offering or any part thereof. Further, You agree not to attempt to use EMC Offering or any part thereof, in any manner, after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to Your inactivity, You may be permitted to create another user account). EMC shall not be liable for the delivery of any services and/or data loss if the User Account has been terminated. Unless EMC terminates this Agreement for breach, for a period of thirty (30) calendar days following the termination or expiration date EMC we will not take action to remove from the System any Client Content and we will allow the Client to retrieve the Client Content from the System only if the Client have paid all amounts due under this Agreement otherwise EMC reserves the right to, if it determines it is best, to terminate, suspend and/or deactivate User accounts immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services.
All communication and notices required by these Terms from EMC to You will be deemed to have been duly given when provided by EMC to You via email at the email address registered on Your User account. You understand that EMC will send communications that are needed to provide offerings such as a response to a password reset request, customer support requests and/or educational material, You cannot opt out of these communications. You acknowledge that it is Your sole responsibility to notify EMC of any change to Your email address and/or any other contact information as soon as they are changed. All email communications and notices sent to EMC should be directed to the following email address: info@emc.med.sa.
The System is administered in Saudi Arabia and is intended for the access and use of Users located in Saudi Arabia. Any use outside of Saudi Arabia is at the Users' own risk. Users are responsible for compliance with any other local, state or federal laws when using the System outside of Saudi Arabia.
These Terms shall be governed by the laws and regulation of Saudi Arabia. In case where a dispute arises between You and EMC, it shall be resolved amicably within fifteen (15) days from the date of notice given by one of the parties to the other party, notifying them of the existence of such a dispute. If no such amicable resolution could be reached within the designated period, then the dispute shall be referred to the relevant courts in the city of Jeddah, Saudi Arabia.
These Terms and the Service Level Agreement constitute the entire binding agreement between EMC and the User regarding the subject matter of these Terms. They supersede all prior or contemporaneous representations, understandings, agreements, or communications between You and EMC, whether written or verbal, regarding the subject matter of these Terms.
If EMC fails, at any given time, to insist on strict performance of any of Your obligations or representations under these Terms, or if EMC fails to exercise any of the rights or remedies to which it is entitled under these Terms, such failure shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations; and a waiver by EMC of any default shall not constitute a waiver of any subsequent default.
You acknowledge that the relationship between You and EMC is solely a service provider relationship and that nothing in these Terms shall constitute that the relationship between You and EMC to be a partnership, agency, employment or representation relationship.
In the case of conflicting meanings between the Arabic and English text of these Terms, the text of the Arabic language shall prevail.
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision, condition or clause will, to that extent, be severed from the remaining provisions, conditions and clauses which will continue to be valid to the fullest extent permitted by law.
You may not assign, transfer or sublicense the provisions of these Terms, Services or access to the System in whole or in part to any person or third-party without EMC's prior written approval and any attempt to do so in violation of this section shall be null and void.
EMC reserves the right to modify these Terms at any time by posting a revised version on EMC MED App, EMC Website and/or System or by otherwise notifying You as per the communication provisions under these Terms.