Thank you for using Dawaia services. This Terms of Service (the “TOS”) is legally binding agreement made by and between Dawaia Company, owner and operator of Dawaia (the “company” and/ or “Service Provider”), and you, acting in your capacity as individual and, if applicable, on behalf of the entity, you are legally representing or for whom you are using this website (collectively, “you”, “your”, “yours”).
I understand that Dawaia or any of Dawaia’s affiliates reserves the right to limit or discontinue my use of the online patient services if I do not abide by these terms and conditions or at the sole discretion of Dawaia
Our Services may include text, data, graphics, images, or other content (collectively, “Content”) created by us or third parties, including health care providers and partners as physicians, hospitals, polyclinics, laboratories, scan centers and pharmacies.
We make some Services available without registering or obtaining a password. We call these “Public Services.” You may make personal, non-commercial
use of the Public Services so long as you comply with these Terms.
These services include: Directories for: Physicians, medical consultants, lab branches and scan centers’ branches.
Our Services include listings and directories (“Directories”) to help you find physicians, healthcare providers, lab branches and scan centers’ branches (collectively, “Providers”). The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Providers who use our Services and who have chosen to participate in the Directories. Further, Dawaia does not interfere in evaluating any Provider, only patients and consumers who have log in rights do the evaluation based on their opinion and the listing of a Provider does not in any way constitute a recommendation of such Provider. Before obtaining services or treatment from any Provider listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Providers are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Providers themselves. Unless Providers provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Provider. As a convenience, the Services may permit you to request an appointment with a Provider. However, Providers are responsible for maintaining their own schedules, and we cannot ensure that any given Provider will be available, or that such Provider will not cancel his or her appointment.
Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our
users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be properly authenticated by
means of authorization (which we call, “Credentials”), such as unique identifiers, usernames, passwords, and the like. In order to obtain Credentials, you
must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected
Service on behalf of, or for the benefit of, someone other than yourself – such as any of your family members (each, a “Principal”) – you must also identify
and provide information about each Principal. If you sign up for our Protected Services you will be asked to agree to a user agreement (your “User Agreement”).
In such cases, you will be asked to expressly consent to your User Agreement, for example, by checking a box or clicking on a button with terms such as “I agree”
or the like. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.
These protected services are all services that build you a personal medical record, like receiving your medical information and results from service providers like laboratories, scan centers and physicians’ accounts
These data are completely private and secured and we hereby guarantee so. You are the owner of the data and by clicking “I agree” or like you give the providers the right to send you your information provided by them through your private account on the website, in order to help you build your own electronic medical record. Also, you may agree to send a copy of these data to the supplier doctor through our service. That is also a protected and private he cannot share furthermore, he keeps it under your name on his account for building your record at the clinic. In case you do not agree that the physician keeps a record of your data, you can send Dawaia your request, and Dawaia shall comply with this request
Our Services allow you to access blogs, message boards, surveys and other forums where various users can share information, opinions, ratings and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting. Our Services may also include survey results, ratings or testimonials (“Evaluations”) from patients, clients or other customers (“Doctors”) or other healthcare providers (“Providers”) that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Providers and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither provider judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Provider. Further, Evaluations are subject to errors and biases that are common in anecdotal first- hand accounts, and should not to be presumed to be reliable or error-free.
Dawaia and its affiliates consider the privacy of your health information to be one of the most important elements in our relationship with you. Our responsibility to maintain the confidentiality of your health information is one that we take very seriously. We are required by law to maintain the privacy and security of your protected health information.We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We will not use or share your information other than as described here. You are the owner of the data and you share it when you need through our website. Except as expressly provided below, Services may only be used by individuals who sign-up for the use of Dawaia services
To further protect the confidentiality, integrity and availability of the information housed and shared on Dawaia, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
You must comply with all of the terms and conditions of these TOS, any policies referred to below or on the website, and all applicable laws, regulations and rules when you use the website License and Restrictions, Subject to the terms and conditions of these TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the website in the normal course of your use of the website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. Dawaia will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TOS or otherwise, except as expressly set forth in these TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the website, than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in these TOS. You may not attempt to reverse engineer any of the technology used to provide the Services. Other Users. If you become aware of any conduct that violates these TOS, Dawaia encourages you to contact us. Dawaia reserves the right, but will have no obligation, to respond to such communications.
You are not eligible to use our Services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old
and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are an emancipated minor over the age of 13,
you may only use our Services if:
(i) Such use has been approved of by your parent or legal guardian
(ii) You use our Services under his or her supervision
(iii) He or she has agreed to these Terms (and, if applicable, your User Agreement) on your behalf.
If you are the parent or guardian of an emancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor. Under no circumstances may our Services be used by a child under 13 years old.
You do not have to register in order to visit the website. To access certain features of the services – the protected services-, you will need to register with Dawaia and create a “User” account through the online registration process on the Website. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. In creating an account, you must provide Dawaia with accurate and complete registration information, as prompted in the registration form. You must promptly notify Dawaia if any of this information changes. If you fail to provide or update this information, you will not be able to receive the requested information through the website
When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify Dawaia immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of Dawaia. Dawaia’s employees will never ask for your password. You must notify Dawaia if you receive such a request. By registering as a User and providing Dawaia your email address, you consent to our using the email address to send you Service- related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
I understand that my enrollment is contingent on verification of my identity either in person or by comparing my signature provided on the Release of Information form with my signature in my health record.
I understand that my account may be deactivated upon my request or at the discretion of Dawaia or any of Dawaia’s affiliates for failure to meet these Terms and Conditions.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Dawaia of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Dawaia, it is your responsibility to use a secure encrypted connection to communicate with the Services. LICENCE Subject to your compliance with these TOS, you are granted a limited, non- exclusive, non-sub licensable, non-assignable, paid license to download and install the Software on a personal computer, mobile phone or other device; and personally use the service/ products/ website through your account (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of entity may download and install the Dawaia Software onto personal computers or other devices used by personnel of such entity; and (b) you are permitted to use the Dawaia website. Dawaia reserves all rights not expressly granted to you under these TOS
Internet Technology and applicable laws, rules and regulations change frequently. Accordingly, Dawaia reserves the right to make changes to this TOS at any time. Your continued use of the website constitutes assent to any new or modified provision of these TOS that may be posted on the website. We will post the amended TOS on this page and indicate at the top of the page the date the agreement was last revised.
We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.
For the purpose of these Terms, “you” means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”)), then “you” also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal. “Dawaia,” “we,” “our,” and “us” means, collectively, Dawaia, Inc. and our current and future subsidiaries and affiliates.
In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms, together with your User Agreement(s), constitute the entire agreement between you and Dawaia regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a User Agreement, the provision set forth in User Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement