These Terms and Conditions apply between you and Qcare, Jumeirah Lake Towers, Dammam Cluster G, JBC 1 Office 3801, Dubai, UAE, www.qcaremd.com, (“we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
1. Introduction
1.1. Use of our website is on the following terms (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, please stop using our website immediately. By accessing and using our website you are indicating your acceptance to be bound by these Terms and Conditions. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our website about how our website operates and the services which are available, including our Privacy & Cookie Policy.
1.2. We reserve the right to change these Terms and Conditions from time to time without prior notice by changing them on our website.
2. Accessing our website
2.1. We cannot guarantee that our website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our website or any computer system, server, router or any other internet-connected device.
2.2. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any content on our website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.3. From time to time, we may restrict access to certain features or parts of our website, or our entire website, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
2.4. We reserve the right, in our discretion, to withdraw, suspend or modify our website or certain features or parts of our website with or without notice to you, where we have reason to do so. There may also be times when our website or certain features or parts of our website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our website or any service available on or through our website.
3. Using our website
3.1. You must use our website and the information available from our website responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
3.2. You cannot use our website:
3.2.1. for any unlawful purpose;
3.2.2. to send spam;
3.2.3. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
3.2.4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
3.2.5. to tamper with, update or change any part of our website;
3.2.6. in a way that affects how it is run;
3.2.7. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
3.2.8. using any automated means to monitor or copy our website or its content, or to interfere with or attempt to interfere with how our website works.
4. Intellectual property rights
All content on our website including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trademarks, logos or other proprietary marks, or any of the content of our website, in whole or in part, except as provided in these Terms and Conditions.
5. If you provide content for our website
5.1. If you provide any material to our website you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking websites.
5.2. You own your User Content at all times, and you continue to have the right to use it in any way you choose.
5.3. By providing any User Content to our website you confirm that such User Content:
5.3.1. you are authorised to provide it to our website and that you have the right to give us permission to use it for the purposes set out in these Terms and Conditions;
5.3.2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
5.3.3. does not take away or affect any other person’s privacy rights, contract rights or any other rights;
5.3.4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our website;
5.3.5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
5.3.6. will not contain any form of mass-mailing or spam.
5.4. If you do not want to grant us the permissions set out above, please do not provide any material to our website.
6. Our liability
6.1. Although we hope our website will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our website or its content, to the fullest extent such liability can be excluded by law.
6.2. There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
6.3. Under no circumstances will we, the owner or operator of our website, or any other organization involved in creating, producing, maintaining or distributing our website be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
6.3.1. profits, sales, business, or revenue;
6.3.2. business interruption;
6.3.3. anticipated savings;
6.3.4. business opportunity, goodwill or reputation;
6.3.5. use of, or corruption to information; or
6.3.6. information.
6.4. If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
6.4.1. use of, or inability to use, our website;
6.4.2. use of or reliance on any content displayed on our website; any mistake, fault, failure to do something, missing information, or virus on our website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
6.4.3. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
6.4.4. goods, products, services or information received through or advertised on any website which we link to from our website.
7. General
7.1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
7.2. Any formal legal notices should be sent to us using the details set out on our website.
7.3. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.
7.4. If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.
8. Governing Law and Jurisdiction
9. These conditions make up the whole agreement between you and us in how you use our website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
10. The laws of the United Arab Emirates apply to your use of our website and these conditions. We control our website from within the United Arab Emirates. However, you can get access to our website from other places around the world. Although, these places may have different laws from the laws of the United Arab Emirates, by using our website you agree that the laws of United Arab Emirates will apply to everything relating to you using our website and you agree to keep to these laws. We have the right to take you to court in Dubai.
