Terms and conditions of use of the Angels of Mercy application - for users (service seekers)
Important Disclaimer – If you have a critical medical condition or emergency, please seek emergency medical help from an ambulance or hospital as this application is not suitable for critical or emergency medical conditions.
Angels of Mercy is a mobile application (“the Application”) provided by Khaled Ghalib Medical Company (hereinafter referred to as “we”, “we”, “our”). This application helps you communicate and book with health care providers of various specialties. Download and use of the App is subject to these terms and conditions (“Agreement”). Please read the agreement carefully before downloading or using the app. If you do not agree to the terms of this Agreement, please do not download or use the App.
1. General Terms and Conditions
By downloading and using the App, you agree to be bound by this Agreement and also agree to be bound by any additional terms and conditions referred to herein or that may apply to the use of the App.
As it is known that the web is a sophisticated medium, we reserve the right to change or modify the terms and conditions of this agreement. In the event of a change or modification of the terms and conditions of this Agreement, we will post the amended Agreement on the App. To be aware of any changes or modifications, you agree to see the latest updated version of the App each time you use it. By continuing to use the App after the last modified date, you agree to be bound by the amended Agreement.
2. Eligibility
Eligibility: To be eligible to register for the Angels of Mercy app and create a user account (“Account”), you must:
Be at least 18 years of age and able to enter into and perform legally binding contracts under applicable law.
Have a mobile device at your disposal that meets our prevailing specifications for mobile devices.
Download the app on your device.
Disqualification: If you are under the age of 18, you are not eligible to use the App so please do not download or use the App.
Create an account: When you register to create an account, you will be asked to provide us with certain information including your name, mobile phone number, address, additional contact number, email address, geographic location, age, gender, medical history and other personal information (collectively, “Personal Information”).
After successful registration, your account will be created with a password of your personal choice.
Access: Your account allows you to access and use the App on your mobile device in accordance with this Agreement. You may not transfer or share your account or password with anyone. You must also maintain the confidentiality of your password and the confidentiality of all activities related to your account. In addition, you may not at any time use anyone else’s account. You may not allow a person under the age of 18 to receive the Application Services unless you supervise it.
Your credentials: Once you register and create an account in the Angels of Mercy App, you represent, warrant and warrant that all information provided to us is true, accurate, up-to-date and complete.
Your responsibility: The services provided by the application are paid for as shown in front of each service, and you are responsible for your expenses and ensuring the accuracy of the information provided to the Angels of Mercy application, as your submission of inaccurate, outdated or incomplete information may result in your inability to use the services and access your account or use the application as we may terminate this agreement with you. In the event of a dispute between you and any Healthcare Provider that may arise due to any transaction under this Agreement, you shall resolve such dispute directly with the Healthcare Provider.
3. Granting a license
Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and to play such copy of the App for your personal use only.
You can’t do the following:
License, sublicense, sell, resell, transfer, assign, distribute, commercially exploit or make available to any third party in any way.
Modify, edit, copy, reproduce, create, attempt to derive source code, decrypt, interfere with, disable, or create derivative works from the App.
Reverse engineering or access to the Application in order to (1) design or create a competitive product or service (2) Design or create a Product using similar ideas, features, functions or graphics of the Application or (3) imitate any ideas, features, functions or graphics of the Application.
Rent, rent, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide a timeshare system or similar services to any third party.
Remove, change or erase copyright and other proprietary rights notices in the App.
Violate any applicable laws, rules or regulations regarding your access or use of the App.
Use the application for a reason other than that for which it was designed.
Launch a program, automated script, or any program that may make multiple server requests per second, overload, or impede its operation or performance.
Authorize, license or encourage any third party to do any of the foregoing.
4. Use the app
About the App: The App allows you to choose and schedule appointments either physically or via telemedicine with any physician, healthcare professional, professional, healthcare provider, or any entity, agents or affiliates (collectively, “Healthcare Providers”) for the Services.
Location Terms: We take advantage of certain functions provided by third parties to embed maps, geocoding, places and other content from Google Corporation (“Google”) as part of the Application (“Location Services”). In order to use the App, you must allow the App to use the GPS receiver installed on your mobile device to determine your location. Your use of the Geolocation Services is also subject to the prevailing Google Maps Terms of Use and Google’s Privacy Policy.
Mobile Data: By using the App on your mobile phone, you acknowledge and consent to the App using the mobile data service in your phone and the App may consume a large amount of data during use. You agree that you are responsible for the fees for such data incurred as a result of using the App.
Text messages: Once an account is created, you consent to us sending us text messages as part of the nature of our business, your use of the App and receipt of the Services.
Use of the Services: In order for the service provider who accepted your request to determine your location, you agree to remain in the same location as previously determined. Your healthcare provider may ask you to provide proof of identity and other relevant information (such as medical history and drug allergies). You agree to provide complete and accurate information to your healthcare provider. You also acknowledge that the quality of the services depends heavily on the information you provide to the service provider. You acknowledge and agree that the Services may be refused to you if you refuse to provide proof of identity or any other information requested by the Service Provider. It also reserves the right not to accept any medication dispensed by the Service Provider if the packaging of the drug is damaged or defective.
Acknowledgment and Consent: By using the Services, you represent, warrant, agree and undertake that:
You will comply with all applicable laws.
When you use the Services, you will not cause inconvenience to the Service Provider or damage its property or any other party.
When you have any complaint about the Services, you must deal with the Service Provider directly and complain to them.
The Application is a platform that facilitates access to service providers and therefore we are not responsible either directly or indirectly for the services you receive or for any acts or omissions resulting from any service provider you deal with through the application. You are solely responsible for any decision or choice you make with respect to the Service Provider or Services.
Save Me service is a free service to guide you how to deal with specific situations but if an emergency or urgent situation occurs to you, you should seek emergency medical care immediately from the hospital or the nearest health center and not through the app.
A licensed doctor-patient medical and professional relationship is not established when you use the Services or App Content.
In confirmation of the foregoing, no professional doctor-patient relationship is established whether such content is provided by the Angels of Mercy application, through the use of the Services, or through any other means of communication including but not limited to the social media channels of the Angels of Mercy application, Angel of Mercy application electronic messages, text messages containing links to other sites, or any assistance we may provide to enable you to find a suitable healthcare provider. In whatever field you require.
In the event of a dispute between you and your Healthcare Provider, you shall release us from all claims, demands and damages arising out of or in connection with such disputes.
Your conduct: In connection with your use of the Service, you represent and warrant that:
You must be over (18) years old.
You will comply with the terms and conditions of this Agreement and all applicable laws of the Republic of Sudan and international laws.
You will not submit any comments that the Angels of Mercy app may consider illegal, harassing, defamatory, abusive, threatening, obscene, obscene, hateful, harmful, offensive to another person’s privacy or property rights, racial, ethnic, or objectionable, and contrary to the guidelines for writing opinions and comments.
You will not attempt to access, download or copy any information contained in our website through artificial means (including but not limited to spiders, hacking devices, computer programs, robots or other means).
You will not post any non-local or unrelated content and you will not be able to publish the same or similar content to prevent overloading the application infrastructure.
You will not take any action that would undermine the process of writing opinions, comments, and ratings under the Service.
You will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service.
You will not use the Service in any way that infringes or violates the rights of any third party including but not limited to the transmission of any material that may infringe or infringe the rights of third parties related to advertising, its contractual rights, its credit rights and intellectual property rights.
You will not use the Service in any way that could conflict with the rights of the Angels of Mercy application or the rights of other users of the Service.
You grant us an irrevocable, perpetual, non-exclusive, fully paid license to use, copy, perform, display, reproduce, adapt, modify, distribute, to prepare derivative works from, or to combine such Content with other works, and to grant and sublicense the foregoing.
You agree not to create an account or use the Angels of Mercy Application Services if your account is closed by the Angels of Mercy App or if you have previously been banned from using the Services.
You agree not to:
1. Not to register with more than one account other than your primary account and the account of your child on your behalf. You must not register with more than one account on behalf of anyone other than your primary account and the account of your child on your behalf.
2. Not impersonate another person or entity, including but not limited to employees of the Angels of Mercy application, or falsely claim that you represent a person or entity.
3. Defend, induce or assist any third party in carrying out any of the above activities in this subparagraph.
5. Personal Information and its Protection
By using the Application and providing us with your personal information, you agree that we may collect, use, process and disclose your personal information in accordance with the provisions of this paragraph. The Privacy Policy also explains how information you voluntarily share with the Angels of Mercy app is used, exchanged, and maintained.
Your health or health-related information is protected health information and therefore gives the Angels of Mercy application permission to use and disclose your protected health information in the same way that we treat your unhealthy information. You expressly agree to the right of the Angels of Mercy application to use or disclose your information as detailed in your license to apply Angels of Mercy.
You can review and update your personal and health information by opening the app and visiting the “Settings” page of your account.
We do not oblige you to provide your personal information to us. However, if you do not provide the requested personal information, you may not be able to use certain aspects of the App and may not be able to receive the Services.
We use the personal information you provide for the following purposes:
Submit the App and enable us to provide the products, services and information you request through the App.
Enable the service provider to provide his services.
Manage your account and communicate with you.
Improve the app and personalize the content shown to you.
Develop, operate, improve, deliver and maintain our products and services.
Submit information upon your request or any useful information, provided that you do not object in advance to communicating with you for these purposes.
Application of this Agreement and other policies.
Perform functions or services as previously described to you when collecting information.
We may share your personal information with the following:
Service providers who may view your personal information through the App.
Our affiliates and third-party service providers who assist us in implementing the Application and performing certain functions on our behalf.
Parties involved in any transaction involving the purchase, sale, lease, merger, union or any other acquisition, disposition of, financing or part of the business.
Disclosure of information to other parties as required by law or as necessary to prevent fraud or crime or to protect the application, rights, property or personal safety of any person.
The Angels of Mercy app uses reasonable security measures to protect your personal information from loss, loss, misuse or alteration. While we make every reasonable effort to prevent the loss, misuse or alteration of your personal information, you should bear in mind that submitting information over the Internet is not a completely secure process at all. We cannot guarantee the security of the personal information you transmit through the App while it is transmitted over the Internet and therefore you are responsible for the seriousness of this.
If you have any questions or comments on our personal data protection practices, please contact us via email Info@khalidghalib.com
Confidentiality of information:
You must maintain the confidentiality of all information and materials relating to the Application and all information of a confidential or private nature in connection with our business or affairs that is not publicly available. You must also maintain the confidentiality of the information you access to or possess as a result of communication between you and us or as a result of the implementation of this Agreement (“Confidential Information”).
If we discover that you have disclosed, intend to disclose or cause confidential information to be disclosed, we may sue you to prevent you from disclosing such information. As the case may be, we have the right to exercise such legal and equitable remedies available in connection with the violation and breach of this Agreement and to further protect confidential information.
7. Intellectual Property
Application Rights: You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with it are and will remain the property of the Angels of Mercy application. You further acknowledge and agree that the source code, the target code of the App, the form and design of the App, the manuals used, queries, algorithms, and the structure and organization of the Application are all intellectual property and confidential information and private information of the Angels of Mercy App, its affiliates, licensors and suppliers. Accordingly, you are not granted any intellectual property rights through this application that are not expressly stated in this agreement. The Angels of Mercy app retains and maintains these property rights.
Third Party Content: The Application may use or include third-party content and software (“Third Party Content”) subject to open source and third-party terms of service. You acknowledge and agree that your right to use Third Party Content as part of the App is subject to the Open Source Terms and Conditions and the Third Party’s Terms of Service applicable to its Content, including, but not limited to, any applicable representations and the license and disclaimer terms contained therein. In the event of a conflict between the terms of this Agreement and the Open Source or Third Party Terms of Service, then the Open Source Terms or Third Party Terms of Service shall prevail with respect to your use of Third Party Content. In no case shall the Application or its components be considered as open source or publicly available software.
Company signs. The Angels of Mercy Application does not authorize you to use the Commercial Angels of Mercy Application marks in any advertisement, publicity or any other commercial method without the prior written consent of the Angels of Mercy Application which may be blocked for any or no reason.
Acknowledgment of Infringement of Intellectual Property Rights: You acknowledge and agree that in the event that a third party files a lawsuit against you for infringing that party’s intellectual property rights as a result of your use of the Application, you shall be solely responsible for the investigation, defense, settlement and discharge of such claim without any liability for the Angels of Mercy application. You must also notify the Angels of Mercy application in writing of such claims.
8. Disclaimer
We make no warranties or representations regarding the reliability of the application, punctuality, quality, suitability, availability or accuracy. All information contained in or through the Application is provided on an “as is” and “as available” basis.
We do not warrant or undertake that:
Use of the application is secure, appropriate, continuous, error-free, or will work with any other hardware, software, systems or data.
The app meets all your requirements or expectations.
The services you received from the provider meet your medical or other personal needs.
The quality of the information or other materials obtained through the application meets your requirements or expectations.
The stored data must be accurate or reliable.
Errors or defects in the application should be corrected.
The App or our servers are free of viruses or other harmful components.
Angels of Mercy App disclaims all conditions, representations and warranties whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement under this Agreement.
You are solely responsible for your use of and reliance on the application and for all information received or provided through it.
The Application may be subject to restrictions, delays and other issues due to the use of the Internet and electronic means of communication (including problems related to the mobile device you are using). We shall not be liable for any delays, failure in delivery, damages or losses resulting from such issues.
9. Limitation of Liability
In no event shall the application of Angels of Mercy to the extent permitted in applicable Sudanese law be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damage or as a result of any consequences of any cause (whether in contract, tort or otherwise) arising out of or in connection with this Agreement including but not limited to any loss. In the use or use, loss of data, business interruption and loss of income or profits regardless of whether or not prior notice of the possibility of such damages occurring.
10. Indemnification
You agree to indemnify, defend and hold harmless Angels of Mercy Application, its employees, directors, officers, shareholders, agents, representatives, affiliates, suppliers and licensors, against any claims, litigation, losses, expenses, damages and costs including legal fees arising out of or in connection with the following causes:
Your access to and use of the App.
Your use of the Account is not consistent with this Agreement.
Your use of the Services.
Your dealings with service providers.
Your violation of this Agreement.
Your violation of the law.
Your negligence or intentional misconduct.
Your violation of third party rights including your violation of intellectual property rights and theft of any ownership or trade secret of any person or entity.
11. Modifications to the app or discontinuation
We reserve the right at any time and from time to time to modify, suspend or suspend the Application temporarily or permanently or any part thereof, whether with or without notice to the User. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Application or any part thereof.
12. Termination
This Agreement shall commence on the date of your acceptance of it and shall continue in force until terminated.
We may terminate this Agreement immediately without prior notice in the event that you fail to comply with any of the terms and conditions set forth in this Agreement.
Notwithstanding the foregoing, we may terminate this Agreement and your use of the App or generally stop displaying the Application to you or prevent you from accessing it or any part thereof at any time and without reason whether or not such termination has been notified to you.
Upon termination of this Agreement, the following shall apply:
You must settle all amounts payable up to the date of termination, if any, immediately under this Agreement.
You must stop all use of the app and delete and remove the app completely from your mobile device.
The termination or termination of this Agreement shall not prejudice any other rights or remedies of either party under this Agreement or by law and the termination or termination of this Agreement shall not affect any rights or liabilities due to either party. No provision shall enter into force or continue to be in force, whether express or implied, during the period of termination of this Agreement or after its termination. Without prejudice to the foregoing, paragraphs 6 (confidentiality), paragraph 7 (intellectual property), paragraph 8 (disclaimers), paragraph 9 (limitation of liability) and paragraph 10 (indemnification) shall survive the termination of this Agreement.
13. Miscellaneous Provisions
Relationship: This Agreement is concluded between the parties as independent contractors. This Agreement does not give rise to any party being an agent, partner, employee or representative of the other party. Neither party shall present itself as such nor shall it have any authority or authority to assume any obligation of any kind, whether express or implied, on the other party and shall not use the name of the other party as security.
Entire Agreement: This Agreement constitutes the entire agreement between you and the Angels of Mercy Application with respect to the subject matter contained in this Agreement and supersedes all prior and contemporaneous written or oral agreements, suggestions and communications relating to such subject matter.
Third Party Rights: This Agreement is not intended to benefit any third party or benefit third parties. Accordingly, this Agreement can only be enforced or enforced by you or by the Angels of Mercy application.
Nature of the Terms: If any provision of this Agreement is found to be illegal, void or unenforceable for any reason, this will not affect the legality, validity and enforceability of any remaining provisions.
Waiver: Except as provided in this Agreement, failure to exercise a right or to request the performance of an obligation in this Agreement shall not affect a party’s ability to exercise such right or request the performance of such obligation at any time thereafter and the waiver of any breach of this Agreement shall not constitute a waiver of any subsequent breach.
Transfer of Rights or Obligations: Neither party may transfer its rights or obligations under this Agreement without the prior written consent of the other party, provided that the Angels of Mercy Application may transfer this Agreement or the rights and obligations arising therefrom without the consent of the other party to a subsidiary of Tari Application or to an acquirer who has acquired all of the Application’s business, shares and assets.
14. Applicable Regulation and Arbitration Clause
Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Sudan without regard to its conflict of law provisions.
Dispute Resolution: Any dispute, claims or claims arising out of or in connection with this Agreement (including any question relating to its existence, validity or termination) shall be referred to the Sudanese courts of justice and shall be finally adjudicated under current Sudanese law and rules.