Privacy Policy
Hayati Health Center FZ LLC (hereinafter the “Clinic”) operates and maintains the website (https://hayatihealth.com/) and the Hayati mobile application herein referred to as (the “Smart App”), which is available on Google Play and Apple Store for download and installation by general users and/or authorized subscribers/ clients (collectively referred to as the “User”).
The following are the terms and conditions that govern use of the Smart App (“Terms of Use”). Any use, interaction or access to the Smart App shall automatically constitute an express consent by the User to be subject to and bound by the Terms of Use hereof as well as the Clinic’s Privacy Policy and to follow these Terms of Use and all applicable laws and regulations governing the use of the Smart App.
Headings & section titles in these Terms of Use are for convenience and do not define, limit, or extend any provision of these Terms of Use.
Account Login
For the purpose of accessing the Smart App, User will be required to log in and have an account by providing their name, mobile number, email, address and other contact information. Upon submission of details, User would be required to confirm account registration via the one time password sent to their registered mobile and/or web-link sent to their registered email ID. The User is responsible for maintaining the confidentiality of its account and password and for restricting access to the account from any unauthorized parties or devices. User agrees to accept responsibility for all activities that occur under its own account username and password. The Clinic shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this requirement.
Restricted License
The User is granted a limited, restricted, non-exclusive, revocable and non-transferable license to utilize and access the Smart App pursuant to the requirements and restrictions of these Terms of Use. The Clinic may change, suspend, or discontinue any aspect of the Smart App at any time. The Clinic may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Smart App. The User shall have no rights to the proprietary software and related documentation if any, provided to User in order to access the Smart App. Except as provided in the Terms of Use, the User shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Smart App, or any of its contents (including software) in whole or in part.
Permitted Use
The User agrees that it is only authorized to visit, view and to retain a copy of pages of this Smart App for its own use, and that the User shall not duplicate, download, publish, modify or otherwise distribute the material on this Smart App for any purpose other than for purposes it is intended to use, unless otherwise specifically authorized by the Clinic to do so. The User also agrees not to deep-link to the Smart App for any purpose, unless specifically authorized by the Clinic to do so. The content and software on this Smart App are the property of the Clinic.
Representations
By using the Smart App, the User represents, warrants and covenants that (a) he/she is of legal age and with legal capacity to give its consent; (b) all materials of any kind submitted by the User to the Clinic through the Smart App or for inclusion on the Smart App will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
Parent Dashboard
Users of the Smart App who are engaged with the Clinic as parents/ guardians of a child receiving the clinical services of the Clinic shall have the authority to access a Dashboard that would provide indicative information about their Child as per the medical record maintained with the Clinic. All medical files and records are strictly confidential. The term ‘Child’ for the purpose of these Terms of Use shall mean and include any child seeking and actively receiving autism or developmental disorder related therapy from the Clinic. Through the Dashboard, the authorized User would be able to view indicative information relating to therapy sessions given to the Child, activities, videos, time schedules, treatment plans, and progress reports about the Child. The Dashboard also allows booking of new appointments, finding therapist, consultation with health professionals and/or other features as may be available from time to time. The authorized User shall protect the Child information from any disclosure or unauthorized access or publicity of whatsoever nature, description or means. The Clinic reserves the right to block User’s access upon the completion or suspension of the therapy given to the Child.
Self – Assessment Form
The Smart App provides a self-assessment form which can be used by User by way of answering questions, selecting drop-list choices, and filling out information about the Child. The Smart App will analyze the information fed by the User and issue a system-generated assessment outcome that would indicate whether the Child may be within the autistic spectrum or manifest symptoms of developmental disorder. The result is indicative only as it entirely depends on the information provided by the User, thus it must not be relied upon as medical consultation. The self-assessment tool does not eliminate the essential requirement of having formal medical consultation and diagnosis prior to making any decision about any pursuing or discarding any potential treatment.
No Commercial Use
This Smart App may not be used by the User for any commercial purposes of any kind. The Clinic will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Smart App and barring such violators from use of the Smart App.
Links and Search results
The Smart App may automatically produce search results that reference and/or link to third party Smart Apps or websites throughout the World Wide Web. The Clinic has no control over these Smart Apps or the content within them. The Clinic does not guarantee, represent or warrant that the content contained in the Smart Apps is accurate, legal and/or inoffensive. The Clinic does not endorse the content of any third party Smart App or website, nor does it make any representation or warranty about these Smart Apps or websites, including that they will not contain viruses or otherwise impact the User’s smartphones. By using the Smart App to search for or link to another Smart App, the User agrees and understands that it may not make any claim against the Clinic for any damages or losses, whatsoever, resulting from User’s access of the Smart App to obtain search results or to link to another Smart App. If the User encounters a problem with a link from the Smart App, the User may notify the Clinic accordingly.
Copyright Policy
The Clinic may terminate the privileges of any User who uses this Smart App to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If the User submits an information to this Smart App, User warrants that the information does not infringe the copyrights or other rights of third parties.
Intellectual Property
The On-line Materials are the Clinic’s intellectual property, and are protected by the United Arab Emirates Federal Laws and International Intellectual Property Laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of the Clinic, except as expressly and specifically permitted under these Terms of Use.
The On-line Materials are and will remain the exclusive property of the Clinic. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in the Clinic. Under no circumstances will the User has any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to the User any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants the User a right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with the Clinic.
The User acknowledges and agrees that the Clinic will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for the User. At the company’s request, the User must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to the Clinic or perfect these rights, titles or interests in the Clinic’s name.
Disclaimer of Warranty, Limitation of Damages
The Clinic MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE MOBILE APP. The Clinic ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE MOBILE APP BY ANY USER. The Clinic SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS MOBILE APP, EVEN IF the Clinic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER. THE LIABILITY OF the Clinic WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
Violation of Terms of Use
The User understands and agrees that in the Clinic’s sole discretion, and without prior notice, the Clinic may terminate its access to the Smart App, or exercise any other remedy available and remove any unauthorized user information, if the Clinic believes that the information the User provides has violated or is inconsistent with these Terms of Use, or violates the rights of the Clinic, or any third party, or violates the law. The User agrees that monetary damages may not provide a sufficient remedy to the Clinic for violations of these Terms of Use and the User consents to injunctive or other equitable relief for such violations. The Clinic may release information about the User if required by law or subpoena.
Upon such termination or suspension, the User must immediately (a) discontinue use of the Smart App and (b) destroy copies the User may have made of any portion of the content. Accessing the Smart App after such termination, suspension or discontinuation shall constitute an act of trespass. Further, the User agrees that the Clinic shall not be liable to the User or any third party for any termination or suspension of the access to the Smart App.
Applicable Law
The Laws of the United Arab Emirates shall govern the use of the Smart App and the Terms of Use, without regard to conflict of laws principles. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Dubai, UAE.
Indemnity
The User agrees to indemnify and hold the Clinic, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the use of the Smart App, including also the use of the Smart App to provide a link to another Smart App or to upload content or other information to the Smart App, or the breach of the Terms of Use.
Advertising
The Smart App may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Smart App are accurate and comply with all applicable laws. The Clinic is not responsible for the acts or omissions of any advertiser or sponsor.
Mobile App Operation
The Clinic operates the Smart App from the UAE and makes no representation that this Smart App is appropriate for use in other locations. If User use this Smart App from other locations the User is responsible for ensuring compliance with local laws. The User may not use, export or re-export any materials from this Smart App in violation of any applicable laws or regulations, including, but not limited to any UAE laws and regulations.
Interpretation
These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of the Clinic.
Severability
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Privacy Notice
As stated hereinabove, the Smart App may need to collect and/or process personal data to be able to allow User access and/or usage of the App. Parents/ guardians and the Child are among the category of data subjects of whom personal data might need to be collected and/or processed. Any personal data collected will be kept for as long as the mandatory record retention period specified by law. The Clinic is committed to respect privacy and to ensure lawful processing of personal data in compliance with the European Union’s General Data Protection Regulation 2016/679 (“GDPR”) governing the processing of personal data of citizens of the European Union, as well as the data protection laws applicable in the United Arab Emirates.
Modifications
The Clinic reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Smart App. Please check this page of the Smart App periodically. The Clinic will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If the User violates the Terms of Use, the Clinic may terminate the User’s access account of the Smart App, bar the User from future use of the Smart App, and/or take appropriate legal action.
