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1.1 These terms and conditions shall govern your use of our application.
1.2 By using our application, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you can contact our application administration, or you must not use our application.
1.3 If you [registered with our application, submitted or submitted any material to our application or use any of our application services], we will ask you to expressly agree to these terms and conditions.
1.4 Our application uses cookies; by using our application or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy policy].
1.5 Your acceptance of these terms is considered to be an approved and signed electronic signature in our electronic system and confirms the validity of the contract, by applying the provisions of Law No. 20/2014 for electronic transactions, and all electronic data, information provided, offered, submitted, presented, shared, kept, used in or through the application are governed with the terms of the regulation 42/2021 in regards to privacy protection.
1.6 You must be 18 years of age or older to register to use the services, or visit or use the application in any manner.
1.7 This agreement is published in compliance with, and is governed by the provisions of the Kuwaiti Laws.
3.1 (CLINIX) enables patients and users to connect with doctors and clinics through a Booking facility that allows patients and users to book an appointment (Virtual/ physical) through the application.
3.2 (CLINIX) shall notify users with a notification for confirmed appointments however;
3.3 (CLINIX) shall not be liable if such an appointment is canceled later by the doctor and/or clinic.
4.1 A doctor or health care provider (whether an individual professional or an organization) or similar institution listed on the application.
4.2 A patient, or his/ her representatives or affiliates searching for practitioners or clinics through the application.
4.3 Otherwise a user of the application.
5.1 These services, agreement, terms and conditions and the privacy policy may change from time to time at the sole discretion of (CLINIX).
5.2 we shall notify you about the amendments.
5.3 By accepting this agreement you accept all amendments to be made by (CLINIX) at any given point of time, if you have any concerns about these amendments before implementing them you should write to us within 5 days of our notice to you.
5.4 The amended agreement shall apply to your visit to, and your use of the application to use the services, as well as to all necessary information you are obligated to provide on the application at any given point of time.
5.5 We reserve the right to terminate any portion of the agreement for any reason and at any time and such termination shall be informed to you in writing before implementing it so, you should read the agreement at regular intervals.
5.6 You have the right to contact us in writing with any notes in this regards.
6.1 You may:
(a) View pages from the application;
(b) Download pages from the application for caching;
(c) Print pages from the application;
(d) Use the application services, subject to the other provisions of these terms and conditions.
6.2 Except as expressly permitted by the provisions of this agreement and terms and conditions, you must not download any material from the application or save any such material to the device.
6.3 You may only use the application for your own personal use, and you must not use the application for any other purposes.
6.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the application.
6.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from the application (including republication on another application);
(b) Sell, rent or sub-license material from the application;
(c) Show any material from the application in public;
(d) Exploit material from the application for a commercial purpose; or redrafting.
(e) Redistribute material from the application.
6.6 We reserve the right to restrict access to areas of the application, or indeed the whole application, at the discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the application.
7.1 You must not:
(a) Use the application in any way or take any action that causes, or may cause, damage to the application or impairment of the performance, availability or accessibility of the application;
(b) Use the application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, mobile or computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious mobile or computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the application without the express written consent;
(f) Violate the directives set out in the robots.txt file for the application; or
(g) Use of data collected from the app for any direct marketing activity (including but not limited to email marketing, SMS marketing, telemarketing, social media marketing and sponsor ads and direct mail.
7.2 You must not use data collected from the application to contact individuals, companies or other persons or entities.
7.3 You must ensure that all the information you supply to us through the application, or in relation to the application, is true, accurate, current, complete and non-misleading.
8.1 If you register for an account with the application, you will be asked to enter your [name. e-mail, phone number, birthdate and a password].
8.2 Your information must not be liable to mislead and you must not use your information for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify the application management in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on the application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9.1 The doctor, healthcare provider shall attend the booked appointments without delay, in case of an emergency or the doctor, healthcare provider wishes to cancel the booked appointments, he/she shall notify the patient within appropriate time and he/she shall reschedule the appointment for the patient within the available times in the application, in case the patient does not approve to reschedule the appointment the doctor, healthcare provider shall notify the application administration.
9.2 In case the doctor, healthcare provider does not show or attend the booked appointment, the patient shall be fully refunded, and the doctor, healthcare provider shall bear all expenses and fees in this regard.
9.3 The doctor, healthcare provider has the discretion to cancel any booked appointment in case where the doctor, healthcare provider feels it is beyond his/her expertise or his/her capacity to treat the patient or the user, in this case it may trigger a refund to the patient, however it is strongly recommended that the doctor, healthcare provider advise the user or the patient and explain appropriately for the next step.
9.4 The doctor, healthcare provider shall all the time ensure that all the applicable laws that govern the doctors, healthcare provider services shall be followed and at the utmost care and shall be taken in terms of the consultation being rendered.
9.5 The doctor, healthcare provider acknowledges that should (CLINIX) find the doctor, healthcare provider to be in violation of any applicable laws/rules/regulations or guidelines set out by the authorities then (CLINIX) shall be entitled to cancel the booked appointment with such doctor, healthcare provider or to take other legal actions that may be required.
9.6 The aforementioned terms and conditions regarding doctors, healthcare provider shall be applied to you whether you are from the state of Kuwait or from any other country and in an agreement with (CLINIX) so, in case the doctor, healthcare provider was from outside state of Kuwait, he/she shall make sure that he/she had the full knowledge of the patient health feed and his/her medical position and he/she also make sure there is no need for any physical examination.
9.10 It is further understood by the doctor that the information that is disclosed by the patient at the time of the appointment is personal information and is subject to all applicable privacy laws and shall be confidential in nature and subject to the doctor patient privilege.
9.11 It shall be the responsibility of the doctor, healthcare provider to ensure that the information provided by the patient is accurate and not incomplete and understand that (CLINIX) shall not be liable for any errors in the information included in any communication between the doctor and the patient.
9.12 (CLINIX) shall show at the designated page on the application all the clinic services that it provides to the patients and users, in case any service is temporary or permanently is discontinued or unavailable it should immediately notify all patients and the application administration, in such case the clinic shall cancel or if possible reschedule all booked appointments, in case the patients refuse to reschedule the clinic shall notify the application administration.
9.13 The clinic shall at all times show its terms and conditions to the patients and users of the application.
9.14 In case the clinic cancels a paid appointment without a significant reason the patient or user shall be entitled a full refund, the clinic shall bear any expenses and fees.
The patient understands and agrees that (CLINIX) will not be liable for:
10.1 The patient interactions and associated issues that he/she has with the doctor or clinic.
10.2 The liability or intent of the doctor and clinic or lack of it in fulfilling their obligations towards patients.
10.3 Any wrong medication or quality of treatment that is being given by the doctor or clinic or any medical negligence on part of them.
10.4 Inappropriate treatment or similar difficulties or any kind of inconvenience suffered by the patient due to a failure on the part of the doctor or clinic to provide agreed services.
10.5 Any misconduct or inappropriate behavior by the doctor or clinic or their staff.
10.6 Cancellation or not showing by the doctor or clinic or rescheduling of booked appointment or any variation in the fees charged.
10.7 In case the patient did not show in the booked appointment, the paid amount for reservation shall be fully deducted and he/she has no right to request a refund.
10.8 The patient will be liable for providing the concerning doctor, healthcare provider with all necessary information and his/her medical situation without any mislead otherwise he/she shall be responsible for any wrong or imperfect consultation or treatment or any damage that may occur as a result of that.
11.1 Booking facility through (CLINIX) is being made available to users to assist them to obtain appointments from doctors and clinics and doesn’t intend to serve any other purpose.
11.2 Booking facility is intended for general purposes only and is not meant to be used in emergencies / serious illness requiring urgent and fast physical examination.
12.1 We may:
(a) [Suspend your account;]
(b) [cancel your account; and/or]
(c) [Edit your account details,]
At any time in our sole discretion without notice or explanation.
12.2 You may cancel your account on the application using your account control panel on the application.
13.1 You warrant and represent that your content will comply with this agreement and terms and conditions.
13.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
13.3 Your content, and the use of your content by us in accordance with this agreement and terms and conditions, must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) Be in breach of official legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence in an explicit, graphic or gratuitous manner.
(m) Be pornographic, lewd, suggestive or sexually explicit.
(n) Be untrue, false, inaccurate or misleading.
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
(p) Constitute spam
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
14.1 In the event that the doctor or clinic with whom the patient or user has booked a paid appointment via the application, has not been able to meet the patient or user, the entire book fee shall be refunded to the patient or user within the next five working days.
14.2 In cases where the patient or user doesn’t show up for the booked appointment with the doctor or clinic, without cancelling the appointment before, the booking fee shall not be refunded.
14.3 The patient can cancel the paid appointment 24 hours prior to the appointment; such cancelation shall entitle him/her a full refund.
14.4 The patient can cancel the paid appointment 12 hours prior to the appointment; such cancelation shall entitle him/her a refund for only half of the appointment fees.
14.5 In case the patient canceled the paid appointments after the above mentioned periods, he/she shall not be entitled to a refund.
14.6 In case of emergency or severe sickness and after notifying the doctor or clinic, and after the application administration investigates the situation; a full or partial refund may be issued to the patient.
14.7 14.7 All refunds to the patients and users shall be refunded to the same bank account used to make the booking, as per Central Bank of Kuwait regulations in regards of money laundry.
All refunds to the patients and users shall be refunded to the wallet as points, each point shall be equal to ___K.D.
14.8 The patient or user can reuse these points with any of the participating services providers.
14.9 The patient or user can request a cash refund, in such case the patient or user shall bear any expenses or fees.
15.1 Without prejudice to our other rights under this or any other agreement and terms and conditions, if you breach this agreement and terms and conditions in any way, or if we reasonably suspect that you have breached this agreement and terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to the application
(c) Permanently prohibit you from accessing the application.
(d) Block computers/mobile devices using your IP address from accessing the application
(e) Contact any or all of your internet service providers and request that they block your access to the application.
(f) Commence legal action against you, whether for breach of this agreement and terms and conditions or otherwise; and/or
(g) Suspend or delete your account on the application.
16.1 If a provision of this agreement and terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of this agreement and terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17.1 This agreement and terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under this agreement and terms and conditions is not subject to the consent of any third party.
18.1 You agree that this agreement or any contractual obligation between (CLINIX) and the patient or the user will be governed by the laws of the state of Kuwait.
18.2 Any dispute or controversy arising out or relating to this agreement including the determination of the scope of the applicability of this agreement or any dispute arising from this agreement will be settled through Kuwaiti courts.
We may have to terminate your access to the application if:
19.1 We are required to do so by law, for example where the access to or provision of the application to you becomes unlawful.
19.2 The third party if any, with whom we offered the application to you has terminated its relationship with us or ceased to offer the related services to us or to you.
19.2 The provision of the application to you, is no longer commercially available or feasible for us or
19.3 You are a repeat infringer of this agreement.
19.4 We may terminate this agreement at any time, with or without notice and may procure disabling your access to the application and/or barring you from any future use of the application.
19.5 You may terminate this agreement at any time by terminating your access to the application however your certain obligations under this agreement shall continue to prevail even on such termination.
19.6 When this agreement comes to an end, all of the legal rights, obligations and liabilities that you and (CLINIX) have benefited from subject to (or which have occurred over time whilst the agreement has been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation and shall continue to apply to such rights, obligations indefinitely.
20.1 This application is operated by [COMPANY NAME].
20.2 We are registered in [Kuwait] under registration number [000000], and our registered office is at [00000000000000].