WEBSITE TERMS OF USE

The http://www.drsulaimanalhabib.com/ and http://www.HMG.com.sa/ websites (together the "Websites") whether accessed by personal computers, laptops, tablets, mobile or handheld devices are operated by Dr. Sulaiman Al Habib Medical Services Group Company (“HMG”, “we”, “us”, “our”). These Website Terms of Use apply to the visitors and users (“you”, “your”) of the Websites, and their use and access of the products, services, Content (as defined below), tools, and information on the Sites. By using or accessing the Websites, you agree to these Website Terms of Use.

You may also access the Websites through our (Dr. ALHABIB) App. In order to do so, you may download the App and you must additionally agree to the terms of the App User Agreement.

Additional terms apply to the services we offer on the Websites and the App which, along with these Website Terms of Use, form a legal agreement between you and us when you access and use our Websites or App, including our Online Services offered over such channels.

We may collect personal information from you during the course of your use of the Websites, App or our Online Services. Please read our Privacy Policy (“Privacy Policy”) for more information. By continuing to use our Websites, App or Online Services you are indicating your consent to our use of your personal information as described in the Privacy Policy.

We may at any time vary the Website Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Websites, by publishing the varied Website Terms of Use on the Websites. We will indicate on the Websites that these Website Terms of Use have changed. You accept that by doing this, we will have provided you with sufficient notice of the variation to the Website Terms of Use. By using the Websites after any variation to these Website Terms of Use, you have indicated your acceptance to the then current Website Terms of Use.

In these Website Terms of Use, we will refer to both the Website and the App as the "Sites".

1 USE OF SITES

1.1 The Sites are primarily provided to:

  • a) facilitate access to information about health care services provided by HMG;
  • b) enable enquiries, appointments and payments to be made through the Sites;
  • c) offer various health-related Online Services; and
  • d) enable us to communicate with you regarding the services that we provide; at various locations in the Kingdom of Saudi Arabia (“KSA”).

1.2 The Sites are intended only for your personal use. Unless otherwise specified, you alone are solely responsible for determining whether any feature of the Sites is appropriate or suitable for your requirements.

2 NO WARRANTIES

2.1 We do not warrant, represent or undertake that:

  • a) the Sites, including any services provided via the Sites, will meet your needs, or that they will be uninterrupted, timely, secure, error-free or free from viruses;
  • b) the information obtained from or available on the Sites will be accurate or reliable, or that the quality of any information, services or other material purchased or obtained by you through your use of the Sites will meet your expectations; or
  • c) content descriptions, photographs or videos made available on the Sites including but not limited to those relating to the health care services provided by HMG are accurate.

2.2 All warranties expressed or implied by law, except those that cannot be lawfully excluded, are excluded.

3 SUBMISSION OF CONTENT

  • 3.1 You shall be solely responsible for the Content you post, cause to be posted, link or otherwise make available on or through the Sites and the consequences of making available any such Content on the Sites.
  • 3.2 By submitting any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) to the Sites by electronic mail, postings on the Sites or otherwise or causing to be submitted any Content to the Sites (“Submissions”), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
  • a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised and for any purpose, including, without limitation, in advertising programmes and promotions for the Sites; and
  • b) use the name that you submit in connection with such Submission. You also grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms of Use provided that we shall be under no obligation to do so. You acknowledge and agree that all Submissions are non-confidential and non-proprietary.

You agree to do all things and execute all documents required to allow us to take full advantage of the rights granted to us by this clause.

3.3 You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Sites any:

  • a) Content that is false, misleading, erroneous or is otherwise likely to cause confusion to users of the Sites;
  • b) Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • b) Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • d) Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;
  • e) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
  • f) Political campaigning, contests, raffles, or solicitations not in accordance with these Terms of Use;
  • g) Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses and credit card numbers;
  • i) Content that is unrelated to the purpose of the Sites; or
  • j) Content or links to Content that, in our sole judgement, either:
  • i. violates any of the above;
  • ii. is objectionable;
  • iii. suggests any form of association, approval or endorsement on our part where none exists;
  • iv. which restricts or inhibits any other person from using or enjoying the Sites; or
  • v. exposes (or may expose) us, any of our affiliates or other users of the Sites to any harm or liability of any type.

3.4 The Sites may contain discussion forums, bulletin boards, an online “chat” room, review services or other forums in which you or third parties may post reviews, comments or other Content, messages, materials or other items on the Sites (“Interactive Areas”). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and all use of them is at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any:

  • a) Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • b) Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;
  • c) Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;
  • d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
  • e) Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  • f) Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • g) Viruses, corrupted data or other harmful, disruptive or destructive files;
  • h) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • i) Content or links to Content that, in our sole judgement, either:
  • i. violates any of the above;
  • ii. is objectionable;
  • iii. suggests any form of association, approval or endorsement on our part where none exists;
  • iv. which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites; or
  • v. exposes (or may expose) us, any of our affiliates, or other users of the Sites to any harm or liability of any type.

3.5 We take no responsibility and assume no liability for any Content posted, stored or uploaded onto the Interactive Areas by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Interactive Areas. We are not liable for any statements, representations or Content provided by users of the Sites in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we may, in our absolute discretion, remove, screen or edit without notice any Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Sites at your sole cost and expense.

3.6 If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:

  • a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
  • b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our affiliates, licensees, successors and assigns;
  • c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
  • d) you forever release us and our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.

3.7 Your use of the Interactive Areas or other parts of the Sites in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, summons or court orders, to protect other users of the Sites, our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your user profile information (i.e. name, email address, etc.), IP address and traffic information, usage history, and Content submitted to this Sites.

4 ONLINE SERVICES

4.1 The Websites may contain various services or tools which can be accessed without creating a user account and without providing any additional personally identifiable information. Such services are subject to these Website Terms of Use only.

4.2 The Websites may also contain services and tools which can only be accessed through a specific user account and which may also involve the provision of further personally identifiable information by you, including medical information. All such services are subject, in addition, to our Online Services Terms of Use and potentially to further additional terms. You will not be able to access such services without agreeing to our Online Services Terms of Use.

4.3 We may provide Telehealth services via the Sites. “Telehealth” is the use of telecommunications and virtual technology to deliver healthcare services outside of traditional healthcare facilities and without a physical examination of the patient. It involves communication between a physician and the patient via electronic channels such as two-way video, two-way audio, email, and text chat facilities and may be carried out using computers, smart phones, tablets and other devices. Telehealth may be used to assess and evaluate the patient’s health status and also for treatment purposes. Telehealth necessarily involves the exchange of sensitive patient information over telecommunications networks and information technology systems. All Telehealth services are provided subject to our Online Services Terms of Use and additional Telehealth Services Terms of Use which you will need to expressly agree to before you use the Telehealth services.

5 THIRD PARTY COMPANIES, GOODS, PRODUCTS AND MATERIAL

5.1 The Sites may contain links to:

  • a) websites which are owned or operated by third parties independent of us (“Third Party Companies”); or
  • b) materials which have been created by third parties independent of us (“Third Party Material”).

5.2 We make no representations or endorsements in relation to any Third Party Companies or Third Party Material, and we are not responsible or liable for the same. Your use of Third Party Companies and your use of and access to Third Party Material is entirely at your own risk.

5.3 Links to Third Party Companies or Third Party Material on the Sites do not imply any endorsement, verification or approval of those Third Party Companies or Third Party Material.

5.4 Subject to any applicable law which cannot be excluded, we make no warranties, representations or undertakings whatsoever:

  • a) regarding the suitability, quality, accuracy, merchantability or fitness for purpose of any Third Party Material, or products or services available through Third Party Companies; or
  • b) that Third Party Material does not infringe the intellectual property rights of any person. We are not, by providing links on the Sites to Third Party Companies or Third Party Material, approving, verifying or authorising in any way the reproduction of Third Party Material, or endorsing the products and services of the Third Party Companies.

5.5 Third Party Companies and Service providers are independent contractors and are not agents or employees of us.

6 PROHIBITED USES

6.1 You must not use the Sites in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers. You must not use the Sites in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Sites or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws.

6.2 You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.

6.3 We will report a breach of clause 6.2 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Sites will cease immediately.

6.4 You agree that you will not (either yourself or through any third party):

  • a) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (“Automated Process”) to process, monitor, copy or extract any web pages on the Sites, or any of the information, Content or data contained within or accessible through the Sites, without our prior written permission;
  • b) use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Sites with information, Content or data accessible via or sourced from any third party;
  • c) use any Automated Process to interfere or attempt to interfere with the proper workings of the Sites or any transaction or process being conducted on or through it;
  • d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Sites;
  • e) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Sites; or
  • f) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Sites without our prior written permission.

7 MEANS OF ACCESS

7.1 You use the Sites entirely at your own risk.

7.2 You must not access the Sites through devices or services that are designed to provide high-speed, automated, repeated access.

7.3 Certain parts of the Sites are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Sites, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.

8 ELIGIBILITY AND REGISTRATION

8.1 In order to access the Sites, you must satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar) and have full legal capacity.

8.2 Any person under the age of 18 years (measured according to the Gregorian calendar) accessing the Sites must have permission from their parent or guardian to do so.

8.3 You warrant, represent and undertake that you possess the legal right and ability to access the Sites in accordance with these Website Terms of Use and, where relevant, to make bookings and payments through the Sites.

9 OTHER FEATURES

9.1 The Sites may contain or make available various tools, software programs, games or other features.

9.2 Whilst we have undertaken and will take reasonable steps to ensure that any such features or information as described above are accurate and free from defect and viruses, to the extent permitted by law, we do not warrant, represent or undertake the availability, accuracy, adequacy, correctness or completeness of these features nor that they are defect or virus free. These features are provided on an “as is” basis.

10 LINKS TO THE SITE

10.1 You must not establish a link from any website that you do not own.

10.2 Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice.

11 LINKS FROM THE SITE

Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12 LIMITATION OF LIABILITY

12.1 Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, Third Party Material, Third Party Companies or your access to the Sites, however caused, whether in contract, tort (including negligence), statute or otherwise.

12.2 We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorised access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, Royal demise or action of government.

13 INDEMNITY

You indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Website Terms of Use. Where you use the Sites inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.

14 AVAILABILITY OF THE SITE

14.1 As electronic services are subject to interruption or breakdown, access to the Sites is offered on an “as is” and “as available” basis only.

14.1 As electronic services are subject to interruption or breakdown, access to the Sites is offered on an “as is” and “as available” basis only.

15 PRIVACY

15.1 Your privacy and security is very important to us. Your personal information is collected and used by the Sites, the Interactive Areas and other Online Services. We take our responsibilities in respect of your privacy in each jurisdiction in which we operate seriously. We comply with our obligations under the applicable and relevant data protections laws in KSA. Your agreement to these Website Terms of Use and to the App User Agreement (where relevant) constitutes your express consent to the use that may be made of the data as set out in these Website Terms of Use, the App User Agreement and any other terms incorporated in the agreement.

15.2 Our Privacy Policy sets out further information about the information we may collect from you and how we will use it. Your agreement to these Website Terms of Use and to the App User Agreement (where relevant) also constitutes your express consent to our use of your personal information in accordance with our Privacy Policy.

16 COPYRIGHT AND TRADEMARKS

16.1 All intellectual property rights, including without limitation copyright in all Content on the Sites, are owned by us or by our licensors.

16.2 The HMG trade marks (“Trade Marks”) are the sole property of us or our licensors. Third party trade marks are trade marks of the respective third parties.

16.3 You may only use and/or reproduce the Trade Marks with our express written consent, which will be sent to you on request and at our sole discretion.

16.4 Except where necessary for and incidental to personally viewing the Sites through your web browser, or as permitted by these Terms of Use or under applicable laws, no parts of the Sites may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.

17 TERMINATION

17.1 We may terminate your use and access to the Sites for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.

17.2 All restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Sites.

17.3 In particular but without limitation, any breaches of clauses 3.4 or 6 may result in the immediate suspension of your use and access to the Sites.

18 COMPLIANCE WITH LAWS

HMG operates and/or administers the Site from within KSA and does not make any representation that features, functionality or other content of the Site are available, appropriate or lawful in any other jurisdiction. Access to such content from jurisdictions where such access is illegal is a violation of these Terms of Use.

19 GENERAL

19.1 The law applicable to this Agreement is the law of the KSA;

19.2 You irrevocably submit to the exclusive jurisdiction of the courts of KSA. We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.

19.3 All rights not expressly granted in these Terms of Use are reserved to HMG. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.

19.4 If any clause or part of any clause of these Terms of Use is found to be void, unenforceable or invalid, then it will be severed from these Terms of Use, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms of Use.

19.5 You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.

19.6 Failure of any party to perform any obligation under these Terms of Use caused by governmental restrictions, labor disputes, emergency, unavailability of services or materials, or other causes beyond the reasonable control of the party and which could not have been avoided by the party’s use of due care shall not be deemed a breach of these Terms of Use, and if any time period for performance is involved, such period shall be deemed extended accordingly, provided that this sentence shall not apply to the payment of monies.