Terms of Service

These Terms of service represent a contractual relationship between you and Specialized Medical Treatment Company, a company established under the regulations of the Kingdom of Saudi Arabia and registered in the Commercial Register under No. 1009042765 having its place of business and main office at Business Gate, Building 19, Qurtubah District, PO Box 16460 (“OncoClinic”), the owner of the OncoClinic App (as defined hereinafter).

This document outlines the Terms of service for using the OncoClinic App.

By downloading the Application to use or browse the services, you agree to comply with and be bound by the Terms of service whether generally associated with these Terms of service or limited to a specific service, all shall be an integral part of these Terms of service. If you do not agree with any part of these Terms of service, you must not use the OncoClinic App or any services.

OncoClinic reserves the right to take all legal measures in the event of any violation of any of its provisions, including any violation of intellectual property rights or these Terms of service.

OncoClinic shall be entitled, at its sole discretion, to amend or terminate the Terms of service or any part of it at any time, without giving any reasons. To follow up on any amendments on this Agreement, you must review the Terms of service periodically. Your use of the Application after any amendments represents your consent to abide by the amended Terms of service.

The Terms of service is published in accordance with the provisions of the law of the Kingdom of Saudi Arabia.

Definitions

The following terms mean what is described in each of them unless the Terms of service expressly states otherwise:

• Account: An identification code for each , which enables him/her to use the services, after entering the password of this account, which is created by the user himself/herself
• Application download: A process performed by the user - through the legitimate channels and announced by OncoClinic to install the Application on user mobile phone so that user can use the services through his/her own account
• "Application" or "OncoClinic App": A mobile application platform owned by OncoClinic which connects patients to healthcare providers
• Healthcare records: These include medical records, patient sheets, doctor's notes and prescriptions
• Privacy policy: The terms of use for customers or users, which are subject to the provisions contained therein, which is deemed an integral part of these Terms of service
• Registration: A process performed by the user through the Application, which includes providing personal and medical information that the user inserts so that he/she can create his/her own account on the Application to enable them to receive any of the services
• Services: The services provided via the Application that enable users to encounter healthcare providers, gain access to medical records, receive telemedicine services and use any of the services available on the Application
• Terms of service: means these Terms of service and the Privacy policy of OncoClinic, as may be amended by OncoClinic, at its sole discretion, from time to time
• User: Patients who are using the Application to acquire the services
• Use: Access to the Application or use any of the services provided through it

Purpose

The purpose of the Terms of service is to set forth the Terms of service under which OncoClinic will license the user to access the Application to enjoy the available services.

OncoClinic application

OncoClinic App is an electronic intermediary platform between users and Healthcare Providers subscribed in the Application.

License

OncoClinic App hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Application during the Term and solely for the purpose of the Terms of service OncoClinic App may, from time to time, update or modify the Application, add or cancel services and release new versions of the Application or create new modules related thereto, each of which may, at OncoClinic App sole discretion, be included within the license described herein. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to your Account.

Registration in the application

• You may create an account for: a) yourself if you are eighteen (18) years of age or above; b) your child if you hold legal guardianship and they are under the age of eighteen (18) years old; c) any person to which you serve as a legal guardian or health proxy in accordance with local laws
• You acknowledge that the data and information provided during the registration process and in the registration form is true, complete, up to date, correct and accurate, and shall bear sole legal responsibility for any information or data that is false or misleading
• The account created is personal to the user and may not be shared with others, nor may the user disclose login credentials or permit third parties to use the account. The user shall bear full responsibility for all activities conducted through the account, whether authorized by the user or not
• The user undertakes to maintain the confidentiality of the login credentials to the account, including the username and password, and shall promptly notify OncoClinic of any unauthorized use or security breach relating to the account
• The user may not create more than one account on the OncoClinic App without the prior written consent of OncoClinic. OncoClinic reserves the right to merge or delete duplicate accounts without notice
• OncoClinic App reserves the right not to provide any of the services, limit or prevent your use of the Application when you misuse or are suspected of providing incorrect data
• The user agrees that OncoClinic may retain registration data and communications related to the account for purposes of record-keeping or legal compliance, in accordance with applicable regulations

Services provided

OncoClinic lists its qualified physicians on the Application which the users may request consultations from. The Terms of service between the user and which OncoClinic is service related to providing technology solutions to facilitate the provision of services.
The user may use the Application, but not limited to:

• Book appointments with Healthcare Providers to receive inhouse consultations services
• Gain access to the user's patient Healthcare Records.
• Upload and submit medical reports from other health institutions.
• Gain access to prescription and consultation notes

Use of services

By using the services, you agree to and acknowledge the following:

• You are at least eighteen (18) years old
• You will use the services personally, and do not reuse or pass the services to any other party
• To not copy or distribute any content from the content of the services and its technical or non-technical material.
• To not download, transfer or record any type of communication made through the Application, or copy any content except for booking confirmation data
• To not use the services for any purpose that conflicts or violates any of the laws, legislation, regulations, Oncoclinic policies, public order and public morals
• To not register on behalf of third parties (unless you are a legal guardian or health proxy) and not to impersonate the names of other persons
• Guarantee that the unauthorized users cannot use your mobile phone for using your personal Account with your password, in case that there is a suspicion about hacking your Application Account or your password, you shall be obliged to notify us immediately through our contact information described in section 25 of these Terms of service
• Provide us with any documents that confirm your identity, immediately upon request
• We shall have the right to terminate your use for any of the services, in the event that you do not comply with any of these Terms of service or at our sole discretion

Payment of fees

Download and registration are free of charge. User can pre-pay the full amount of the consultation through the Application.

Rescheduling appointments & cancellation

Appointments can be rescheduled through the App; rescheduling is prohibited six (6) hours before the confirmed appointment.

In case user fails to attend at the confirmed appointments, modification or cancellation of the confirmed appointment, or the user fails to come on time, the payments are non-refundable.

Refund policy

In case, the appointment is cancelled at least two (2) hours before the date and time of appointment, the amount paid towards the appointment shall be refunded via the same mode of payment and credited to your account within fifteen (15) days from the time of cancellation.

Intellectual property rights

10.1 All the Application rights, including intellectual property rights and subsidiary and adjacent rights, as well as any ideas, techniques, improvements, requests for service improvement, opinions, recommendations or any information provided by the user or any other party associated with the services and related materials are solely owned by which OncoClinic. Any copying, modifying, reviewing, improving, appropriate, adapting, or any works derived or related to the services, shall be made only through OncoClinic individually and exclusively, or by an authorized entity.

OncoClinic’s name, logo, services Names and Associated Logos are trademarks, and there is no right to authorize the use of such marks by third parties unless there is an agreement between OncoClinic and the third party.

Users of the OncoClinic App are required to refrain from violating or infringing upon any intellectual property rights associated with the OncoClinic App, which includes but is not limited to the following:

• All contents of the OncoClinic App, including services and information, are fully protected in accordance with the regulations of the Kingdom of Saudi Arabia
• The user may not sell, license, rent, modify, copy, reproduce, upload, advertise, transfer, distribute, edit, or create works derived from any materials or contents from the OncoClinic App for public or commercial purposes without obtaining prior written approval of OncoClinic
• It is prohibited to make any modification to the contents of the OncoClinic App, and the graphics and images on the OncoClinic App may not be reproduced or exploited in any way without the prior written consent of OncoClinic
• Intellectual property rights shall also include interactive content, electronic forms, real estate data, submission and tracking tools, and all software and design elements used in operating the OncoClinic App. Any unauthorized use of these elements constitutes a clear violation, and grants OncoClinic the right to take the necessary legal actions
• The user shall bear full legal responsibility in the event of publishing or sharing any content through the OncoClinic App that infringes upon the intellectual property rights of third parties, whether such content consists of text, images, designs, or data. OncoClinic reserves the right to remove such content without prior notice

Disclaimer

• OncoClinic cannot and will not be able to guarantee that there are no errors, lapses, delays, interruptions or loss (including loss of data). The user downloads and uses the services at his own risk and under his own care, only the user responsible for and bearer of any damage or loss of data from his/her mobile phone or equipment, when downloading or using any of our services
• OncoClinic does not provide either explicit or implied warranties of any kind. OncoClinic does not provide any warranties or commitments regarding non-interruption of services, that the services will be available at a time appropriate to you, or that they are completely safe and free from any technical errors
• OncoClinic shall not be liable under any circumstances for any direct, indirect, incidental, consequential, special, or exemplary damages arising from the use or inability to use OncoClinic App.
• OncoClinic shall not be liable for any wrongful or willful act done by others through the OncoClinic App
• OncoClinic does not guarantee that the OncoClinic App will be free from errors, interruptions, or viruses, and the user is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output
• OncoClinic shall not be held liable for any losses or damages arising from the misuse of the OncoClinic App

Data privacy

Your use of our services is subject to the Privacy policy. Therefore, please review the provisions and terms of the Privacy policy to understand what information we collect, how we use it, how we secure it and when we publish it.

Entire agreement

The Terms of service represents a complete agreement between us and you with regard the topics contained therein, and which supersedes all conventions, proposals, previous and contemporaneous communications oral and written.

User responsibilities

The following are the user responsibilities:

• That the information provided by the user is current, correct and accurate
• That this information complies with all applicable laws, regulations and procedures
• Maintaining passwords and access codes to the Application and refrain from sharing with any third party or allow others to use passwords and access codes for the Application

You will refrain from the following activities:

• Uploading or downloading files that contain viruses, corrupted data, or any malicious software, or doing anything that may affect the security, reliability, or continued availability of information on the OncoClinic App
• Publishing, advertising, distributing, or circulating materials or information that contain defamation or violation of any illegal materials or information through the services of the OncoClinic App
• Using any means, program, or procedure to intercept or attempt to intercept the proper functioning of the OncoClinic App
• Engaging in any action that imposes an unreasonable or excessively large load on, or inappropriately uses, the infrastructure of the OncoClinic App
• Everything that is considered a violation of the Anti-Cyber Crime Law or any other laws in force in the Kingdom of Saudi Arabia
• Using automated systems or software to extract data from the OncoClinic App for commercial purposes without prior written consent from OncoClinic
• Attempting unauthorized access to the OncoClinic's or user's systems or data through the OncoClinic App, including eavesdropping, intercepting data, or attempting to breach systems
• Using the OncoClinic App for any illegal or unlawful activity
• Providing inaccurate or misleading information within OncoClinic App's forms or inquiries
• Using the OncoClinic App services for purposes of fraud or forgery
• Attempting to access information belonging to other users on the OncoClinic App without authorization

Suspensions by Oncoclinic

OncoClinic reserves the right, with its absolute discretion, to suspend, restrict or terminate your access to the OncoClinic App without any prior notice or any reason and without prejudice to the foregoing, OncoClinic shall not be obliged to review or monitor the information you place on the Application or that is provided by you, and you will be solely responsible for the authenticity and accuracy of the data, content and information.

User blocking

OncoClinic reserves the right, at its sole discretion, to terminate, restrict, or suspend the user’s access to the OncoClinic App without prior notice and for any reason, including but not limited to a violation of the Terms of service or any conduct deemed unlawful or harmful by OncoClinic. Upon termination, the user shall no longer be permitted to access the OncoClinic App.

This includes blocking access to the services, any content, or interactive tools within the OncoClinic App. OncoClinic further reserves the right to take the necessary legal or technical measures, including notifying the competent authorities, without incurring any liability to the user for any losses or damages resulting therefrom. Continued attempts by the user to access the OncoClinic App after such blocking shall constitute an additional violation that may give rise to legal accountability

Technical and operational updates

• OncoClinic reserves the full right to carry out any technical or operational updates or modifications to the OncoClinic App or the services provided through it, at any time and without prior notice
• Such updates may include, without limitation: performance enhancements, design changes, addition or removal of features, or security updates
• The user acknowledges that if he or she continued using the OncoClinic App after the implementation of such updates shall constitute implied acceptance thereof

Duration and termination

The Terms of service continues to be enforced until: a) one of the parties has issued an electronic or written notice to the other party. Once this notice is served you will not be allowed to access the Application or use the services b) OncoClinic suspends your access to the Application either with or without notice. You have the right to terminate your Account in the Application at any time. In case we terminate the agreement with you due to your breach of the  Terms of service or threaten to violate the Terms of service, or if you commit any act of fraud, deception or violation of OncoClinic applicable policies, OncoClinic shall not be responsible for returning any information or data stored in the Application after termination or suspension.

Confidentiality and non-disclosure

You agree to treat all information disclosed by OncoClinic as material and confidential and not to use this confidential information for any other purpose except within the limits of the main purpose of the Terms of service, which is to use the Application services, and not to disclose this information to any third party except in the cases stipulated in the Terms of service. You undertake to use the same level of concern that you use to prevent the disclosure of your confidential information, provided that this level of interest in all cases is not less than the reasonable and accepted level.

Limits of liability and guarantees

Except as stipulated in these Terms of service, OncoClinic and its partners, managers, employees or agents, offer no warranties of any kind express or implied, and therefore to the fullest extent permitted by law, we disclaim all responsibility for any direct, indirect, special, consequential, exemplary, and punitive damages, and lost profits, revenues or data.

Applicable law

The Terms of service, its interpretation and application, and any disputes arising from it are subject to the laws of the Kingdom of Saudi Arabia, and the Courts of the Kingdom of Saudi Arabia shall have jurisdiction to adjudicate in case of any dispute arising regarding its interpretation, application or implementation.

Severability

If any provision or part of a provision of these Terms of service is found to be prohibited by law or if the Court rules it illegal, invalid or unenforceable, this condition or part of these  Terms of service will be separated and becomes as ineffective as possible without modifying the remaining Terms of service, and does not in any way affect any other circumstances or the validity or enforcement of the rest of the other Terms of service.

Force majeure

OncoClinic shall not be responsible to you or liable for any failure to perform or not fulfilling or delaying any of its obligations due to events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, government actions, disruption of technology and communication systems of the service providers, cyber attacks or any other force majeure.

Contact details

If you are not satisfied with any services, please file a complaint immediately and send it to our email.

If you have any comments or questions, you can contact us at email [email protected] or Tel:8001240125

Acknowledgements

• The user acknowledges that OncoClinic has the right to handle and use the provided data according to the Privacy policy
• The user acknowledges the right of OncoClinic to disclose information or report any act prohibited by the laws of the Kingdom of Saudi Arabia to relevant authorities
• The user acknowledges that OncoClinic may use cookies and similar technologies to enhance the user experience and analyze application usage
• The user acknowledges that their use of the services is subject to the laws, regulations, and directives in force in the Kingdom of Saudi Arabia, and agrees to fully comply with them

General provisions

• OncoClinic shall not be liable for any expenses, losses, costs, compensation, or claims arising in any way whatsoever, general, special, or even incidental, or caused by any action related to the use of the OncoClinic App or the information contained therein.
• OncoClinic is not responsible for any consequences resulting from an error or failure to update the information on the OncoClinic App
• OncoClinic reserves the right to add or change any of the terms of use. The continued use of the OncoClinic App following any such change constitutes a continued approval to the Terms of service
• OncoClinic reserves the right to monitor and record user activity on the OncoClinic App for security and quality assurance purposes
• OncoClinic has the right to temporarily stop the OncoClinic App when maintenance, development, or modification is needed, until the completion of such necessary work
• OncoClinic is not responsible for the content available on any link, other application or website accessed through the OncoClinic App or accessed through the services.
• Unauthorized use of the OncoClinic App may give rise to claim for damages and/or be a criminal offence
• If any provision of the Terms of service is found to be invalid or unenforceable by applicable laws in the Kingdom of Saudi Arabia, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable
• The Company reserves the right to modify or suspend any electronic services provided through the OncoClinic App without prior notice, as deemed appropriate for service development or in alignment with regulatory requirements