GENERAL TERM AND CONDITIONS

1. General rules

These General Terms and Conditions for Users (hereinafter referred to as "User Terms and Conditions") are provided by AEMED Partners FZE (registered office: Business Centre,Sharjah Publishing City Free Zone, Sharjah, UAE; license number: 4417198.01), as the sole owner and operator (hereinafter referred to as "Service Provider") of the website https://odoctor.ae/ (hereinafter referred to as "Website"). These User Terms and Conditions govern all legal relations between the Service Provider and the user of the Website (hereinafter referred to as "User") for the purpose of using the services provided by the Service Provider on the Website and the subjects of such legal relations. These User Terms and Conditions are governed by the applicable laws of the United Arab Emirates. The User Terms and Conditions shall become part of the contract, as the Service Provider has made it possible for the User to become acquainted with and accept its contents prior to the conclusion of the contract. These Terms and Conditions apply to the use of the Service Provider’s service. The User acknowledges that by registering on the Website and using the Website, the User is bound by the provisions of these User Terms and Conditions.

2. Basic concepts

• "Database": the Partners available on the Website, their contact details and other information. Name, phone number and other information of the User requested by the Partner.
• "Data Controller": The Service Provider, who independently determines the purposes and means of processing personal data.
• "Parties": The User and the Service Provider collectively.
• "Partner": A partner of the Service Provider who is a natural person or a company providing healthcare services licensed by the Dubai Health Authority (DHA) or a natural or legal person authorized to provide non-healthcare services in the UAE.
• "Processing": Any operation or set of operations performed on personal data or sets of personal data collected from Users and Partners by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
• "Recipient": The natural or legal person, including the Partner, analytic and marketing service provider, with whom/which personal data is communicated in the course of the Service.
• "Service": The Service Provider acts as an intermediary: its system receives, processes, and transmits the User’s appointment bookings to the Partners. The Service Provider does not meet the User personally and its service is free of charge for the User.
• "Service Provider":AEMED Partners FZE (registered office: Business Centre,Sharjah Publishing City Free Zone, Sharjah, UAE; license number: 4417198.01, e-mail: info@odoctor.ae).
• "Treatment": Human healthcare provided to the User by a natural person or a company providing healthcare services (Partner) authorized to provide healthcare services through the Website; well-being services booked on the Website by the Partner and provided by the Service Provider for the purpose of maintaining the User’s physical and mental health. It may take the form of face-to-face or online consultations.
• "Treatment Details": The details provided by the Partner regarding a Treatment, including details about the doctors, their schedules, free appointments, locations, price, and description of the Treatment.
• "Visit": Treatment at which the User has appeared.
• "User": An individual who makes an appointment with a Service Provider’s Partner through the Website, either for himself/herself or for a third party.
• "User Account": A password-protected dedicated interface on the Website where the User can book an appointment through the Service Provider, view the User Terms and Conditions, track/modify/cancel his/her appointment bookings, give a Partner rating on the completed booking, view his/her booked appointments, Partner and doctor information, and make data changes as permitted by the Website.
• "Website": The website odoctor.ae (or, at the Service Provider’s discretion, at another URL, with prior notice to the User) and the service provided thereon.

3. Content of the Service

The Service Provider provides the following Services to the User:

• 3.1 Through the Website, the Service Provider only provides an Internet user interface through which the Partner can advertise its available dates, which can be booked by the Users of the Website.
• 3.2 If the User makes a booking on the Website, he/she enters into a contractual relationship with the Partner. The Service Provider shall act solely as an intermediary between the User and the Partner, and the rights and obligations relating to the provision of the Service shall be governed solely by the contract/Terms and Conditions between the Partner and the User.
• 3.3 The Treatment Details provided in our Services are based on the data provided by Partners. Accordingly, Partners may, at their own risk, upload and update prices, availability, and other information on Treatment Details that appear on the Website and for which the Service Provider is not responsible.
• 3.4 The Service Provider does not verify the Partner’s doctors in any public registry. By Partner registration, the Partner is responsible for being authorized to perform the Treatment under UAE law and DHA regulations. The Service Provider will not verify or guarantee that all information provided by the Partner is accurate, complete, or fully truthful.
• 3.5 At all times, the Partners are responsible for the accuracy, completeness, and veracity of the Treatment Details (including prices and availability) displayed on the Website.
• 3.6 The Website is not intended to be, and should not be construed as, a recommendation or endorsement of any of the Partners listed (in terms of quality, level of service, ranking).
• 3.7 It is the sole responsibility of the Partner to ensure that its (medical) activities comply with the legislation in force in the UAE, including DHA regulations.
• 3.8 The Service Provider excludes all liability for the realization of the Treatment or for any failure to perform the Treatment or for any technical, payment, or documentation problems provided by the Partner displayed on the Website.
• 3.9 The Service Provider acknowledges that in certain unforeseen cases, the Partner may be prevented from being at your disposal at the agreed time. In such a case, the Service Provider undertakes to contact you immediately upon becoming aware of the unavailability of the Partner, using one of the contact details provided, and to inform you, no later than the time of the Treatment, of the unavailability of the Partner and whether it can arrange for a replacement at the agreed time. If the Partner is unable to arrange a replacement, you must make a new appointment. You will not be entitled to any compensation for the change of appointment for the above reason. Given the continuous nature of patient care at the Partner, there may be a delay in the start of the Treatment compared to the pre-arranged appointment. You will not be entitled to any compensation for any delay in the provision of Treatment.
• 3.10 The Service Provider reminds the User that the Services may only be used for personal, non-commercial purposes. Accordingly, the use, copying, monitoring, displaying, downloading, or reproduction of the content or information, software, products, and services displayed on the Website for any commercial or competitive activity or purpose is not permitted.

4. Registration, Booking

• 4.1 Booking on the Website is subject to registration, which can be made by filling in a contact form and providing the necessary data (hereinafter "Registration").
• 4.2 Without Registration, it is not possible to book an appointment; only the Partners and their available appointments can be viewed.
• 4.3 Registration is, however, possible at the same time as the first booking by a User who has not yet registered.
• 4.4 In case of booking a Treatment, the Service Provider will contact the User before and after the Treatment appointment as follows:
• 4.5 The Service Provider contacts the User by phone after booking a Treatment to check the details of the booked Treatment. The Service Provider shall be entitled to record the phone calls. At the beginning of the call, the User is reminded that the call is being recorded, so if he/she does not agree, the call should be disconnected. After the notification, by continuing the call, the User agrees to the recording of the phone conversation.
• 4.6 The Service Provider contacts the Partner to check whether the Visit has taken place. If the Partner does not provide feedback, the Service Provider will contact the User after the appointment via SMS, WhatsApp, or e-mail to find out whether the Visit has taken place. If the User does not reply to this contact, the Service Provider will contact the User by phone as described in point 4.5.
• 4.7 The Service Provider in both cases asks for a review about the Treatment, the Visit, and the Partner. The User may declare whether the review may be published on the Website, if so anonymously or by giving his/her full name.
• 4.8 Phone conversations are recorded so that bookings can be verified, and the Service Provider can monitor and ensure the quality of customer service by the Partner.
• 4.9 The User shall be liable under civil and criminal law for the provision of true data, whether for his/her own use or for the use of a third party when booking an appointment.
• 4.10 The Service Provider shall not be liable for any incorrectly provided data, such as e-mail address or telephone number. The User shall bear the consequences if the Partner cannot reach the User at the contact details provided.
• 4.11 Successful Registration is subject to the User’s acceptance of the User Terms and Conditions published on the Website and the Data Protection Policy. By finalizing the Registration, the User accepts the User Terms and Conditions and the Data Protection Policy of the Service Provider, in force from time to time and published on the Website.
• 4.12 Acceptance of the Terms and Conditions shall constitute a contract between the Service Provider and the User in accordance with the provisions of the User Terms and Conditions.
• 4.13 After acceptance of the User Terms and Conditions and Registration (or successful booking of an appointment), it is not possible to withdraw acceptance during the use of the Service.
• 4.14 By booking an appointment, the User accepts and acknowledges that his/her data will be transmitted to the Partner, who is entitled to determine the contractual terms and conditions of the Treatment concerned by the appointment (including provisions related to the conditions of provision of the Treatment, cancellation, remuneration, data management). The General Terms and Conditions set out in clause 4.10 of these User Terms and Conditions have been expressly accepted by the User after separate notification.

5. Obligations and Responsibilities of the User

• 5.1 The User shall be responsible for the accuracy and completeness of the data and information provided on the Website or at the time of Registration, in the User Account, or otherwise, and warrants that the data provided by him/her are correct and complete.
• 5.2 It is the User’s responsibility to select the Treatment he/she wishes to use from the Service Provider’s Services. If, during the provision of the Treatment, it is determined that the User needs or requires a different or additional Treatment, the Partner shall be entitled to determine the price of such Treatment. The Provider shall not be liable for any resulting discrepancies.
• 5.3 If the User wishes to review, modify, or cancel a reservation, the User may make the reservation independently in the User’s account.
• 5.4 The User represents and warrants that they possess the legal capacity to enter into these User Terms and Conditions. If the User lacks such capacity, they may only use the Website and Services under the supervision of a parent or legal guardian who accepts these Terms and Conditions on their behalf.
• 5.5 The User must not use the Website in any manner that is unlawful, misleading, unauthorized, or harmful, including but not limited to misrepresenting their identity, accessing it through automated systems, or transmitting malicious content.

6. Data protection

6.1 The Service Provider's Data Protection Policy is available on the Service Provider's Website.

7. Prices

• 7.1 The price shown on the Service Provider’s Website is the amount indicated by the Partner (which may include VAT where applicable under UAE law) and includes other taxes (these taxes may vary). The Service Provider confirms that the prices shown on the Website are indicative and does not accept any liability for any prices that may be incorrectly set by the Partner.
• 7.2 The User may use the services provided by the Service Provider free of charge, and the Service Provider shall not charge any fees for the services provided to the User. The User shall pay the Partner directly for the Treatment.

8. Handling complaints

• 8.1 In the event of any complaints, claims, or data entry errors that may arise during the use of the Service, the User may contact the Service Provider by sending an e-mail to the e-mail address: info@odoctor.ae. The Service Provider shall investigate the User’s report and, if possible, remedy it, and reply in writing within 30 days of receipt.
• 8.2 The User may contact the Dubai Health Authority (DHA) or the UAE Department of Economic Development (DED) in case of any consumer protection problem, depending on the nature of the issue.
• 8.3 Disputes may be referred to the competent courts in Dubai, UAE, in accordance with applicable UAE laws.

9. Legal declaration

• 9.1 The Service Provider reserves all rights with respect to the Website, any part thereof, and the content appearing thereon, as well as the distribution of the Website. You may not download, electronically store, process, or sell the Website or any part of it without the prior written consent of the Service Provider. Even with the prior written consent of the Service Provider, any material from the Website and its Database may only be reproduced by reference to the Website. In particular, it is prohibited to download, store, and use, by automated or any other means, any data, dates, prices, any part or all of the database contained on the Website without the prior written and express consent of the Service Provider. The Service Provider will take all civil and criminal actions under UAE law to terminate and remedy any such action.
• 9.2 The responsibility for the content of classified advertisements, advertisements, or other materials placed on the Website rests solely with the sender or the customer of the service, in accordance with applicable laws and regulations.
• 9.3 The Service Provider disclaims any liability for any damage or harm resulting from the materials placed on the Website, including damage caused to third parties. This also applies to advertisements and other material placed on the Website. Furthermore, the Service Provider shall not be liable for any damages resulting from the use of the system or for any disturbing manifestations or behavior of any User, or for any infringement of any law.

10. Miscellaneous provisions

• 10.1 Unless otherwise specified, the intellectual property rights (including copyrights) in the software necessary for the use of the Services and in the content, information, and materials on or used by the Website and displayed on the Website are owned by the Service Provider.
• 10.2 These terms and conditions and the procedures relating to the Services are governed by and construed in accordance with the laws of the United Arab Emirates, with disputes subject to the jurisdiction of the courts of Dubai.
• 10.3 If any provision of these User Terms and Conditions is or becomes invalid, unenforceable, or non-binding, all other provisions shall remain in full force and effect. In such a case, the invalid provision shall continue to apply to the extent permitted by applicable UAE law. In this case, the User must accept a provision similar to the invalid, unenforceable, or non-binding provision, provided that it is consistent with the content and purposes set out in the User Terms and Conditions.
• 10.4 The Service Provider shall be entitled to unilaterally amend the User Terms and Conditions and shall notify the Users affected by the amendment of the change. Additionally, the Service Provider may terminate or suspend the User’s access to the Website and Services immediately, without notice, if the User breaches these Terms and Conditions or for operational, legal, or security reasons.
• 10.5 By using the Service, Users accept the provisions of these User Terms and Conditions. The Service Provider may assign its rights or obligations under these Terms and Conditions to an affiliate.