Modern Care Clinic ("Modern Care") is the author and publisher of the internet resource www.moderncare.org and the mobile application 'Modern Care Clinic' (together, "Website"). Modern Care owns and operates the services provided through the Website.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are
i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or iii. Otherwise a user of the Website ("you" or "User"). This Agreement applies to those services made available by Modern Care on the Website, which are offered free of charge to the Users ("Services"), including the following: iv .For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; v. For other Users: Facility to (i) create and maintain 'Health Accounts', (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Modern Care, and (iii) to make appointments with Practitioners. The Services may change from time to time, at the sole discretion of Modern Care, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Moderncare.org. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing; you should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Modern Care. The Agreement is published in compliance of, and is governed by the provisions of Lebanese laws, including but not limited to: vi. The rules, regulations, guidelines, and clarifications framed there under the (Lebanese) electronic transactions and personal data rules (Law n. 81/2018) vii.The Lebanese Penal Code
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Modern Care that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.2 RELEVANCE ALGORITHM
Modern Care's relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Modern Care. Modern Care will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Modern Care in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1Modern Care collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Modern Care takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Modern Care screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. 3.3.2The Services provided by Modern Care or any of its licensors or service providers are provided on an "as is" and "as available' basis, 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). Modern Care does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Modern Care does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Modern Care disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Modern Care or any User in relation to any User or services provided by such User. 3.3.3The Website may be linked to the website of third parties, affiliates and business partners. Modern Care has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Modern Care endorses the linked site. User may use the links and these services at User's own risk. 3.3.4Modern Care 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website. 3.3.5If Modern Care determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Modern Care reserves the right to immediately suspend your access to the Website or any of your accounts with Modern Care and makes such declaration on the website alongside your name/your clinic's name as determined by Modern Care for the protection of its business and in the interests of Users. You shall be liable to indemnify Modern Care for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Modern Care or its Users. 3.3.6The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Modern Care in the relevant city. Modern Care has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Modern Care is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
3.4 BOOK APPOINTMENT AND CALL FACILITY
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Modern Care and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. 3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Modern Care, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person's behalf), please contact an ambulance service or hospital directly.
3.6 MODERN CARE CONSULT
3.7 MODERN CARE HEALTH FEED
3.7.1Modern Care Health feed is an online content platform available on the website, wherein Practitioners who have created a Modern Care profile and Users who have created a health account can login and post health and wellness related content 3.7.2A User can use Modern Care Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same ("Content"), and uploading said Content to Modern Care's servers. Modern Care will make available to the User a gallery of images licensed by Modern Care from a third party stock image provider ("Modern Care Gallery"). The User can upload their own images or choose an image from the Modern Care Gallery. Modern Care does not provide any warranty as to the ownership of the intellectual property in the Modern Care Gallery and the User acknowledges that the User will use the images from the Modern Care Gallery at their own risk. Modern Care shall post such Content to Modern Care Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Modern Care Health feed does not constitute medical advice and may not be construed as such by any person. 3.7.3The User acknowledges that they are the original authors and creators of any Content uploaded by them via Modern Care Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Modern Care reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user's uploading of any Content on Modern Care Health feed. The User may not use the images in the Modern Care Gallery for any purpose other than those directly related to the creation and uploading of Content to Modern Care Health feed. The User also agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Modern Care Gallery for his/her personal or commercial gain. 3.7.4The user hereby assigns to Modern Care, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Modern Care Health feed. 3.7.5Modern Care shall have the right to edit or remove the Content and any comments in such manner as it may deem Modern Care Health feed at any time. 3.7.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Modern Care reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Modern Care Health Feed. 3.7.7A User may also use Modern Care Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed. 3.7.8User acknowledges that the Content on Modern Care Health feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Modern Care. 3.7.9User agrees that the content they access on Modern Care Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User's interpretation of the Content, is solely attributable to the user. The User agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of the User's actions resulting from the User's viewing of Content on Modern Care Health feed. 3.7.10The User acknowledges that all intellectual property rights in the Content on Modern Care Health feed vests with Modern Care. The User agrees not to infringe upon Modern Care's intellectual property by copying or plagiarizing content on Modern Care Health feed. Modern Care reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Modern Care Health feed will be the sole intellectual property of Modern Care. The User agrees not to post any comments on Modern Care Health feed that violate the intellectual property of any other person. Modern Care reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User's uploading of any comment on Modern Care Health feed. 3.7.11User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Modern Care reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Modern Care Health feed.
3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to Modern Care. The information that is collected by Modern Care directly or indirectly from the End- Users and the Practitioners shall belong to Modern Care. Copying of the copyrighted content published by Modern Care on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Modern Care reserves its rights under applicable law accordingly. 3.8.2Modern Care authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Modern Care Content"), are the property of Modern Care and are protected under copyright, trademark and other laws. User shall not modify the Modern Care Content or reproduce, display, publicly perform, distribute, or otherwise use the Modern Care Content in any way for any public or commercial purpose or for personal gain. 3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.9 REVIEWS AND FEEDBACK
The terms in this Clause 4 are applicable only to Practitioners
4.1 LISTING POLICY
4.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Modern Care ensures easy access to the Practitioners by providing a tool to update your profile information. Modern Care reserves the right of ownership of all the Practitioner's profile and photographs and to moderate the changes or updates requested by Practitioners. However, Modern Care takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Modern Care's services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Modern Care may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MODERN CARE
4.3.1All Critical Content is content created by the Users of www.Moderncare.org ("Website") and the clients of Modern Care customers and Practitioners, including the End-Users. As a platform, Modern Care does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the Lebanese electronic transactions and personal data rules (Law n.81/2018). The role of Modern Care and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Modern Care's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms. 4.3.2Modern Care reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website. 4.3.3Modern Care shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law. 4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Modern Care shall not be liable for any effect on Practitioner's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Modern Care however, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms. 4.3.5Modern Care will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis (once the necessary changes have been made) in relation to Critical Content posted on the Website. 4.3.6If Modern Care determines that you have provided inaccurate information or enabled fraudulent feedback, Modern Care reserves the right to immediately suspend any of your accounts with Modern Care and makes such declaration on the website alongside your name/your clinics name as determined by Modern Care for the protection of its business and in the interests of Users.
4.4 RELEVANCE ALGORITHM
Modern Care has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Modern Care shall not be liable for any effect on the Practitioner's business interests due to the change in the Relevance Algorithm.
4.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Modern Care.
4.6 MODERN CARE REACH RIGHTS
Modern Care reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, Modern Care will not be liable for the accuracy of information or the claims made in the Sponsored ads. Modern Care does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Modern Care will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Modern Care accepts no liability for the same.
4.7 MODERN CARE HEALTH FEED
4.7.1Modern Care health feed is an online content platform available on the website, wherein Practitioners who have a Modern Care profile and Users who have a health account can login and post health and wellness related content. 4.7.2 A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same ("as defined in Clause 3.7.2"), and uploading said Content to Modern Care's servers. The Practitioner can upload their own images or choose an image from the gallery that Modern Care provides. Modern Care shall post such Content to Modern Care health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Modern Care health feed does not constitute medical advice and may not be construed as such by any person. 4.7.3The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Modern Care health feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Modern Care reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner's uploading of any Content on Modern Care health feed. The Practitioner also agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from Modern Care's gallery and utilizes it for his/her personal or commercial gain. 4.7.4The Practitioner hereby assigns to Modern Care, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via Modern Care health feed. 4.7.5Modern Care shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time. 4.7.6The Practitioner may also use Modern Care health feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed. 4.7.7Practitioner acknowledges that the content on Modern Care health feed reflects the views and opinions of the authors of such content and does not necessarily reflect Modern Care's views. 4.7.8Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Modern Care reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve Modern Care from and indemnify Modern Care against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on Modern Care health feed
4.8 BOOK APPOINTMENT AND CALL FACILITY
4.8.1As a valuable partner on our platform we want to ensure that the Practitioners experience on the Modern Care booking platform is beneficial to both, Practitioners and their Users. 4.8.2Practitioner understands that, Modern Care shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Modern Care.
5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
6.1Modern Care reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, . Such User breaches any terms and conditions of the Agreement; i. A third party reports violation of any of its right as a result of your use of the Services; ii. Modern Care is unable to verify or authenticate any information provide to Modern Care by a User; iii. Modern Care has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or iv. Modern Care believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Modern Care or are contrary to the interests of the Website. 6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
7. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Modern Care, 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 Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost End-Users, 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 service by Practitioners to End- Users contacted or managed through the Website; i. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; ii. any unauthorized access to or alteration of your transmissions or data; or iii. any other matter relating to the Website or the Service. 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 this Agreement or a User's use of the Website or the Services exceed, in the aggregate 20 USD (twenty US dollars only).
8. RETENTION AND REMOVAL
Modern Care may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Lebanese electronic transactions and personal data rules (Law n.81/2018). Computer web server logs may be preserved as long as administratively necessary.
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
9.1 You agree that this Agreement and any contractual obligation between Modern Care and User will be governed by the laws of Lebanon. 9.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Lebanon, before a sole arbitrator appointed by Modern Care. Arbitration shall be conducted in accordance with the Lebanese code of civil procedure. The seat of such arbitration shall be Beirut. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. 9.3Subject to the above Clause 9.2, the courts at Beirut shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
10. CONTACT INFORMATION GRIEVANCE OFFICER
10.1If a User has any questions concerning Modern Care, the Website, this Agreement, the Services, or anything related to any of the foregoing, Modern Care customer support can be reached at the following email address: support@Moderncare.org or via the contact information available from the following hyperlink: www.Moderncare.org/contact. 10.2In accordance with the Lebanese electronic transactions and personal data rules (Law n.81/2018) , and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact us at: Modern Care Clinic, Saint Nicolas Center, Sawma Jaber Street, Antelias, Lebanon. Email: support@Moderncare.org Telephone: +961 76 88 76 76
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.