TERMS OF USE
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OVERVIEW
- Please read the following terms of use (“Terms”), privacy policy, and all other policies carefully before using the MAMAHOOD Application (referred to as “the “Application“).
- These Terms are issued by Mamahood FZCO, a free zone company incorporated in Dubai Airport Free Zone and holding registration number 4965 (“we“, “us” and “our“).
- By downloading and using the Application, any user of the Application (“you” and “your“) acknowledges and agrees that access to and use of the Application is subject to these Terms. If you do not agree to these Terms, do not access the Application.
- We reserve the right to make revisions to these Terms at any time, with or without notice to you. You agree to be bound by such revisions and should, therefore, periodically visit this page to review the current version of the Terms.
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LEGAL SCOPE OF SERVICES
- The Application is an online mobile application providing women with professional guidance and community engagement through fertility, pregnancy and motherhood.
- The Application provides the following (each a “Service” and all “Services” as the same may be supplemented or modified from time to time):
- on-demand live chat with licensed physicians;
- private mail to a physician with a question or health concern description;
- access to educational content (articles, webinars, online classes);
- access to health tracking tools (ovulation calendar, pregnancy tracker, baby growth chart);
- community forum and messenger for a chat between users.
- We are not responsible for any advice, consultations, wrong diagnosis, or any other information that you obtain through this Application.
- The information provided through the Application is for educational purposes only. It is not intended to be a substitute for medical advice, diagnosis or an emergency. Never disregard professional medical and health advice, or delay in seeking it, because of something you have read on this Application. Never rely on the information on this Application in place of seeking professional medical advice.
- After using Services on this Application, you are encouraged to review the information carefully with your healthcare provider.
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LEGAL NATURE OF TERMS
- By registering an account, downloading the Application and using the Services you shall be considered to have agreed to these Terms.
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RIGHT TO ACCESS TO THE APPLICATION
- Your right to access and use a Service is personal to you and is not transferable by you to any other person. You agree to comply with any, and all guidelines, notices, rules, operating policies, and instructions regarding the use of the Services or access to the Application.
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ACCOUNTS
- To access the Service, you must register an account. You will be required to provide us with information about yourself, such as your name, email address, or other information. You agree that:
- You have full legal capacity to contract with us.
- Your registration and your use of the Service is in compliance with all applicable laws and regulations.
- You have not previously been suspended or removed from the Service.
- You will comply with any notices sent through the Application regarding your use of Services.
- The information you provide to us is accurate and complete, and you will keep it accurate and up-to-date at all times, and commit to updating it promptly if any of it changes.
- You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account or password.
- You shall notify us immediately either by emailing us, or submitting a support ticket if you believe that your account is no longer secure.
- You may not transfer the account or your account login/password to any other person.
- You shall not use the account for any fraudulent, improper or competitive purposes.
- You shall notify us immediately of any unauthorized use of the account or the Application.
- We may terminate your membership and refuse any/ and all current or future uses in the following cases:
- If you provide any information, that we determine, in our sole discretion, to be untrue, inaccurate, outdated or incomplete.
- If we determine, in our sole discretion, that you are using your account in a manner not permitted under these terms and conditions.
- In order to comply with applicable Laws.
- If you provide us any immoral, illegal or hateful content.
- In any other circumstances, as we deem appropriate in our sole discretion.
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USE LICENSES
- We grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and use the Application and any Service or other content, information and related materials accessible through the Application solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by us.
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USE RESTRICTIONS
- The rights granted to you in these Terms are subject to the following restrictions:
- You shall not license, sell, rent, transfer, assign, distribute, host, or otherwise commercially exploit the Application or any Service.
- You shall not modify, translate, adapt, merge, disassemble or make derivative works of any part of the Application or interfere or attempt to interfere with the operation of the Application or circumvent security functions of the application or attempt to do so.
- You shall not access the service or Application in order to build similar or competitive services.
- You shall not copy, reproduce, distribute, republish, download, display, post or transmit the Application in any form or by any means.
- You shall not remove any copyright notices or other property marks contained in the Application.
- You shall not use the Application, Services, or any information for any commercial purpose or for any purpose that is illegal, unlawful or prohibited by the terms of use and public morals.
- You shall not use the Application to publish, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- You shall not use the Application to contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial purpose.
- You shall not use the Application to broadcast any unauthorized promotional materials, publish unwanted emails (spam) or messages that support any illegal activities.
- You shall not use the Application to publish, transmit or insert of any material containing viruses or other harmful software or any malicious code, files or other software designed to damage, interfere with or identify the normal operation of the service (or any part thereof), or any other software or computer hardware.
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PAYMENT
- Certain features of the Services may require you to pay us fees.
- Your payment details are protected before being transmitted using the latest electronic protection that follows the highest safety standards. We do not store credit cards numbers on our systems.
- We assume no liability in the event of the user error in the payment process, nor does it take any responsibility because of piracy or fraud process on the cards used by the user on the Internet.
- You must make sure that the payment information is correct, accurate and that credit cards are valid before you complete the payment process.
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DISCLAIMER
- Any materials provided on the Application are provided on an “as-is”, “where-is” without any warranties of any kind, whether express or implied.
- We are not liable for any direct, indirect, consequential or incidental losses or damages in connection with any use of the Application or arising from the application including without limitation:
- Any information, materials or recommendations related to the Services or the Application.
- Any matters beyond our control, including without limitation the incorrectness or incompleteness of input data and information provided on other party websites that may be linked to the application, directly or indirectly.
- Interference with or damage to any other application on your device.
- Use of the Application with any incompatible operating system.
- Disabling or cessation of the Application from functioning; or not updating the Application.
- We shall not be liable for any links to third-party websites accessible from the Application, or for any instructions provided therein or the content to such websites.
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ACCURACY OF THE INFORMATION
- You are responsible for the data and information you enter through the Application, whether in terms of accuracy, completeness and errors in it.
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VIRUSES
- We do not guarantee that the Application will be error-free, free from unauthorized access, any email sent from the application is free of viruses or other harmful components.
- We will not be responsible for any losses or damages caused by viruses or other technologically harmful materials that may infect your devices and computer programs, data or other proprietary material due to your use of the Application or to your downloading of any content on it, or on any website linked to it.
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LINKS TO OTHER APPLICATION
- The Application may provide links or references to other external sites and/or others that are not linked to the Application. Our Terms do not apply to other websites. You must check the site-specific provisions separately, as we do not assume any responsibility for the content of such other websites.
- We are not responsible for any loss or damages of any kind arising from your access to such other sites, or the inability to access or use of these sites and other information provided thereon. The purpose of any links to other sites is merely for your convenience.
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INTELLECTUAL PROPERTY
- Unless stated otherwise, all intellectual property rights in the Services and contents related to the Application (including without limitation: the texts, graphics, logos, button icons, images, audio clips, video, digital downloads, documents, data compilations, software, programming rights and other symbols it contains remains our intellectual property (“IP”).
- The application, pictures, logos, header of pages, icon buttons and service names related to it are our IP.
- You may not use any of our IP, or any variations thereof, for promotional purposes, in any way that deliberately or inadvertently. Any unauthorized use of our IP may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
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ELECTRONIC COMMUNICATIONS AND NOTIFICATIONS
- You agree to receive notifications and communications from us whether you visit the Application or send us emails. You consent to receive communications from us in an electronic form; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
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INDEMNITY
- You agree to defend, indemnify and hold us harmless from any and all claims, liabilities, losses, expenses, damages, costs, including without limitation reasonable attorneys’ fees related to:
- A. any unauthorized use of, or misuse of, the Application or any Service; any violation of these Terms;
- B. any violation of these Terms;
- C. posting or transmission of any materials on or throughout the Application by you, including, but not limited to, any other party claiming that any information or materials you provide infringes any other party’s proprietary right.
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CHANGES TO THE TERMS
- We reserve the right to update, modify or change these terms and conditions when we deem it to be necessary. The modified version of these Terms will be effective as of the modified date thereof.
- You are responsible for regularly reviewing these Terms so that you are aware of any changes and you will be bound by the new Terms upon your continued use of the Application.
- We may also modify our Services, add new Services and delete or replace current Services at any time.
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TERMINATION
- These Terms are applicable to you upon accessing the Application. We reserve the right, in our sole discretion, to terminate, restrict or discontinue your use of the Application at any time without notice, for any or no reason, and without liability to you or any third party.
- These Terms, or any part of them, may be terminated by us without notice at any time, for any reason. You may terminate the application of these Terms at any time by ceasing use of the Application or uninstalling the Application.
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GOVERNING LAWS/JURISDICTION
- These Terms shall be governed and interpreted by and under the laws of the Emirate of Dubai and the United Arab Emirates. You agree to submit to the exclusive jurisdiction of the Courts of the Emirate of Dubai.
- If any of these conditions are partially void, the unenforceable portion shall be deemed to be severed from these terms and conditions, and such shall not affect the validity and enforceability of any other remaining provisions.
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LANGUAGE
- These terms and conditions were drafted in English language. This version of these terms and conditions may be translated into other languages.
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CONFLICT CONDITIONS
- In the event of any conflict between these terms and any prior versions thereof, the provisions of the latest version of these terms and conditions shall prevail unless it is expressly stated otherwise.
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CONTACT INFORMATION
- If you have any questions, suggestions or comments about these terms and conditions, do not hesitate to contact us at ✉ Email: team@mamahood.app