SMSCountry Networks Co. WLL (“Tabiib” or “us” or “we” or “Company”, which also includes its affiliates) is the author and publisher of the internet resource owns and operates the website www.tabiib.com and the mobile application ‘Tabiib’. Tabiib owns and operates the services provided through the Website as well as the software and applications including but not limited to those of the brand names ‘Tabiib’.
This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applications as described in Section 3.9 of this Agreement. The site www.tabiib.com is owned and operated by Tabiib.
1. Your Agreement with Tabiib
1.2 You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
1.3 Your access to use the Subscription Services will be solely at the discretion of Tabiib.
2. Who is Tabiib?
Tabiib is the author and publisher of the software Tabiib Pro. Tabiib, and all their variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been designed for use at businesses, institutions and organisations engaged in the healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“End-Users”, which term shall also include members of public who search for Practitioners on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non-personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users”or “you” or “your”).
2.1 Tabiib makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Tabiib does not authorize anyone to make a warranty on Tabiib’s behalf and you may not rely on any statement of warranty as a warranty by Tabiib.
3.2 The Agreement is published in compliance of, and is governed by the provisions of Constitution of GCC 2002 (the ‘Constitution’
3.3 A condition of the User’s use of and access to the Subscription Services available provided by Tabiib to Users is the User’s acceptance of this Agreement.
3.4 Tabiib authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, "Tabiib Content"), are the property of Tabiib and are protected under copyright, trademark and other laws. User shall not modify the Tabiib Content or reproduce, display, publicly perform, distribute, or otherwise use the Tabiib Content in any way for any public or commercial purpose or for personal gain.
3.5 Multiple Users are not permitted to share the same/single log-in.
3.6 If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three-way agreement between you, the Practitioner and Tabiib. Both the Practitioner and Tabiib may seek recourse against you for any violation of the terms of this Agreement.
3.7 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.9 You agree that any registration information you give to Tabiib will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.10 You agree that you will not use the Subscription Services provided by Tabiib for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
3.12 You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by Tabiib, unless you have been specifically allowed to do so in a separate agreement with Tabiib.
3.13 You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).,
3.14 You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.16 You shall indemnify Tabiib for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Tabiib as a result of your breach under any applicable law.
3.17 You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided "as is" and "as available”.
3.18 You agree that you will not make any unsolicited calls or use any information displayed on the Tabiib, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRA guidelines for telemarketing, or otherwise violate applicable law while using the Subscription Services.
3.19 You agree that this Agreement and the Subscription Services of Tabiib are subject to any modification, or may be removed by Tabiib, as a result of change in government regulations, policies and local laws as applicable.
3.20 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Software.
3.21 Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Tabiib.
4. Use of Subscription Services
4.1 Tabiib provides Software through its website, as a Software as a Service (SaaS) model. Tabiib is not responsible for and does not deal with any of the patients managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Tabiib, for providing Subscription Services to User and enabling User to use those Software only. Tabiib does not transfer either the title or the intellectual property rights to the Software and others its Subscription Services, and Tabiib (or its licensors) retains full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Tabiib may be used, stored or re-published by Tabiib or its affiliates even after the termination of these terms of Service.
4.2 Tabiib may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions.
4.3 Tabiib offers its Subscription Services on as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.
4.4 User shall not access the Subscription Services of Tabiib if the User or the organisation that he/she/it represents is Tabiib’s direct competitor, except with Tabiib’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4.5 Tabiib provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Tabiib shall give at least 8 hours notice to Users via the Subscription Services and which Tabiib shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Arabia Standard Time (AST) Thursday to 6:00 a.m. Arabia Standard Time (AST) Sunday), or (ii) any unavailability caused by circumstances beyond Tabiib’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Tabiib will provide the Subscription Services only in accordance with applicable laws and government regulations.
4.6 Notwithstanding anything to the contrary contained herein, Tabiib does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Tabiib takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
4.7 In the event the Software are not available due to apparent default at Tabiib’s end or are rendered unusable, Tabiib may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscription Services were not available. However, you shall agree that Tabiib is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
4.8 The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Tabiib’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real-time information to enable User to monitor such User’s compliance with such limitations.
4.9 Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with End-Users contacted or managed through the Software and Tabiib shall have no liability or responsibility in this regard. Tabiib does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscription Services. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
i. End-Users’ Tabiib Health Accounts will display and contain the same information that was created by the End-User or provided by you. Tabiib is not in a position to validate the information and will not be responsible for any errors in or incompleteness of such information. You hereby represent and warrant that to the extent that you provide any such information, it is true and complete to the best of your knowledge.
ii. By switching on the “Send to Health Account” setting or similar settings in the Subscription Subscription Services, you are granting an irrevocable right of ownership to the relevant End-Users to all the information sent to the Health Account.
iii. For your patients and customers that are not referred to you by Tabiib, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned by you while using the Subscription Services. In case of any errors or changes in details you are required to inform Tabiib of the same as soon as you become aware of such errors or changes. For those patients and customers that are not referred to you by Tabiib, Tabiib is not responsible for verifying the accuracy or incompleteness of such persons’ details, and shall not be liable for any errors in the same.
4.11 Tabiib may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while Tabiib investigates complaints or alleged violations of this Agreement, or for any other reason.
4.12 Tabiib reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Tabiib tries to make its Subscription Services more useful in following way:
(i) Promotion of new Subscription Services,
(ii) Analysing software usage patterns for improving Subscription Services design and utility;
(iii) Analysing anonymised patients’ information for research and development of new technologies and any other Subscription Services offerings;
Users can use the rectification tools provided by Tabiib or contact Tabiib immediately for rectifications. Tabiib shall bear no liability or responsibility in this regard.
4.13 Tabiib reserves the right to use the following types of information stored in our software:
(i) Practice information;
(ii) Practitioner information;
(iii) End-Users’ demographic information as anonymised form;
(iv) End-Users’ information in relation to his health and history (anonymised form);
4.15 The Subscription Services available by Tabiib accepts online appointment requests for all practitioners listed and displayed on its website. Tabiib intends to take all reasonable steps to duly inform Practices via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by Tabiib or when Practices do not read emails or text messages sent by Tabiib in timely manner. Tabiib shall have no liability or responsibility in this regard.
4.16 While Tabiib makes every possible effort to ensure a confirmed appointment for an End-User who requested an appointment on the Service, Tabiib does not guarantee that the appointments will be confirmed in all cases. Further, Tabiib has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Practitioners are not available as per the given appointment time.
4.17 Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
4.18 Tabiib reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and Tabiib reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
4.19.1 Tabiib lists only the Practitioners registered with Tabiib.com and Tabiib reserves the right to display or to take down any listing, as applicable under the law.
4.19.3 Tabiib reserves the rights to display the reviews or the recommendations of the User on the Practitioners, when you are looking for an appointment. However, Tabiib will not be liable for any inaccuracy or claims made on the Tabiib.
4.19.4 Tabiib shall not be liable for any third party claims arising under the applicable laws in relation to Tabiib and the Users and Practitioner are advised to review and adhere to applicable laws and regulations in relation to applicable jurisdiction.
4.19.5 Tabiib will not be liable for accuracy or inaccuracy of information or the claims made in Tabiib. Tabiib does not encourage the Users to visit the Tabiib page or to avail any services from them. Tabiib will not be liable for the services provided by Tabiib Practitioners or for the content posted by Practitioners.
4.19.6 Your use of ‘Tabiib’ does not constitute an explicit or implicit warranty or guarantee by Tabiib that you will receive any particular number of bookings, appointments, or enquiries from End-Users of Tabiib or otherwise. The ‘Tabiib’ merely enables listing of your information (should you choose to subscribe to it) on a priority basis, with a ‘sponsored’ ranking, and is provided on an as-is basis.
4.20 Payment, Fees and Taxes:
(a) Tabiib may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Tabiib’s sole discretion from time to time, shall apply.
(b) If you purchase any subscription based paid Service, you authorize Tabiib to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise Tabiib to make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
(c) You agree that the billing credentials provided by you for any purchases from Tabiib will be accurate and you shall not use billing credentials that are not lawfully owned by you.
(d) The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non-refundable.
(e) Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Tabiib is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
(f) Tabiib may make available an offline fee payment facility, supported by a third party vendor. Tabiib is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
(g) All fees are exclusive of taxes. Statutory taxes as applicable are levied on every purchase.
(h) The payment process would be considered to be complete only on receipt of the fees into Tabiib's designated bank account.
(i) Fees not received within the specified due dates may attract late charges, and any such charges may be levied at Tabiib's sole discretion.
(j) Tabiib reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Tabiib to such notice, Tabiib shall apply the modified fee structure effective from the expiry of the said notice period.
(l) Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Tabiib intimating such User about expiration of the current subscription period and that the credit card of such User registered with Tabiib will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Tabiib by the User within 5 (five) days of receipt of such intimation from Tabiib. In the absence of such intimation to discontinue the subscription, Tabiib shall be entitled to charge the credit card of the User registered with Tabiib on the day the current subscription period expires.
(m) Tabiib shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Tabiib’s designated bank account.
(n) In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), Tabiib reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscription Services to the User anytime after 30 (thirty) days from the overdue date. (iii) delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
(o) Fees and charges shall be calculated solely based on records maintained by Tabiib or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Tabiib shall be final and binding in relation to any fees payable by Users.
(q) Tabiib will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the non-refundable one time set-up fees as due prior to permanent discontinuation of the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Tabiib. Tabiib shall have the right to deduct any taxes that are due in relation to the refund amount (if any).
(r) The subscription fees are non-transferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.
5. Collection, Use, Storage and Transfer of Personal Information
1. The type of information collected from Users, including sensitive personal data or information;
2. The purpose, means and modes of usage of such information; and
3. How and to whom Tabiib will disclose such information.
(a) the fact that the information is being collected;
(b) the purpose for which the information is being collected;
(c) the intended recipients of the information;
(d) the name and address of the agency that is collecting the information and the agency that will retain the information; and
(e) the various rights available to such Users in respect of such information.
5.4 Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End-User information in Software.
5.5 Tabiib shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Tabiib or any other person acting on behalf of Tabiib.
5.7 The User is responsible for maintaining the confidentiality of the User’s log-in account access information and password. The User shall be responsible for all usage of the User’s log-in or password, whether or not authorized by the User. The User shall immediately notify Tabiib of any actual or suspected unauthorized use of the User’s log-in or password. Although Tabiib will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Tabiib or any others parties due to such unauthorized use.
5.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Tabiib has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tabiib has the right to discontinue the Subscription Services to the User at its sole discretion.
5.9 Tabiib may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.
6.1 Tabiib hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the User does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's
privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee (or End-User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of GCC, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.2 The User is also prohibited from:
(a) violating or attempting to violate the integrity or security of the Subscription Services or any Tabiib Software;
(b) transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by Tabiib;
(c) intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
(d) making any unsolicited communications to other Users;
(e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
(f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Tabiib;
(g) copying or duplicating in any manner any of the Tabiib content or other information available from the Service;
(h) framing or hotlinking or deep linking any Tabiib content.
(i) circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.3 Tabiib, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. Tabiib shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
6.6 Tabiib respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7.2 The Software provided by Tabiib or any of its licensors or providers are provided "as is”," as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Tabiib does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services. Tabiib does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, , the Tabiib Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by Tabiib or any User in relation to any User or Subscription Services provided by such User.
7.3 Tabiib assumes no responsibility, and shall not be liable for ways in which End-User data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the End-User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Tabiib, is used in compliance to local privacy laws applicable to the Practice’s business transactions with End-Users.
7.4 The Subscription Services of Tabiib may be linked to the services of third parties, affiliates and business partners. Tabiib has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that Tabiib endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
7.5 Tabiib assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of Tabiib.
7.6 The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Tabiib representatives or agents, and their opinions or statements do not necessarily reflect those of Tabiib, and they are not authorized to bind Tabiib to any contract. Tabiib hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
7.7 In no event, including but not limited to negligence, shall Tabiib, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the Tabiib, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Practitioners to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate BD 10.
7.8 In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User.
7.9 The listing order of Practitioners and/or Practices on the Subscription Services is based on numerous factors including End-Users’ comments and feedbacks. In no event shall the protected entities and the Tabiib be liable or responsible for the listing order of Practitioners and/or Practices on the Service. Further, Tabiib shall not be responsible for adverse feedback or comments, or ratings on the Subscription Services which are a subject matter of automated processes, and Tabiib disclaims any liability for lost business or reputation of a User due to information, data or ratings that are available on the Service. Tabiib at its discretion hold the sole right to display the listing order of the Practitioner and/ or Practices.
7.10 The reviews and the feedbacks are displayed by the Tabiib at its discretion. You agree that Tabiib may contact you through telephone, email, sms, or at your contact details for the limited purpose of:
i. Obtaining feedback in relation to Tabiib’s Subscription Services; and/or
ii. Obtaining feedback in relation to any Practitioners or the HCPs listed on the Service.
7.11 The protected entities and the Tabiib shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Tabiib Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.
8.1 User agrees to indemnify and hold harmless Tabiib, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Tabiib will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.1 Tabiib has a zero-tolerance spam policy. Tabiib employs controls on user permission to receive Content from Tabiib’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, Tabiib’s policy on spam is clearly stated below:
(a) Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
(b) The sender of any message deemed to be "spam" is liable for BD 500 for each end user that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to Tabiib within thirty (30) days of such transmission.
10. Term, Termination and Disputes
10.1 This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
10.2 The User can request for termination of his/her/its membership with Tabiib at any time by providing 30 (thirty) days’ prior written notice to email@example.com. During this 30-day period, Tabiib will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. Tabiib may require the User to continue his/her/its subscription until the completion or termination of an on-going Subscription Services or subscription period, should the situation warrant and at Tabiib’s discretion. The User shall be obligated to clear any dues with Tabiib for any of its Subscription Services For which the User has procured. Tabiib shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.
10.3 Tabiib reserves the right to terminate any account in cases:
(b) Tabiib is unable to verify or authenticate any information provided to Tabiib by a User; or
(c) Tabiib believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Tabiib or are contrary to the interests of the Service.
10.5 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non-payment, Tabiib will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Tabiib. After such 30 (thirty) days period, Tabiib shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases.
10.6 Tabiib reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if Tabiib is unable to verify or authenticate any information the User submits to Tabiib, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Tabiib to provide the Subscription Services to the User.
10.7 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10.8 Any amendment in these Terms shall replace all previous versions of the same.
11. Theft of Subscription Services
11.1 You agree to notify Tabiib immediately, in writing or by mail to firstname.lastname@example.org or by calling Tabiib customer care on +973 17764600, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Tabiib shall not be liable to extend the subscription period or waive-off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Tabiib will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.
12. Misuse of the Subscription Services
13. Severability & Waiver
14. Contact Information
14.1 If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at email@example.com.
14.2 If a User has any questions concerning Tabiib, the Service, this Agreement, or anything related to any of the foregoing, Tabiib can be reached at the following email address - firstname.lastname@example.org or via the contact information available from the followingthe link:contact